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300035_ENFORCEMENT_20171231
■ Complete Items 1, 2, and 3. Also complete Item 4 If Restrlcted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. Article Addressed to: Mr. Dwight L. Myers 2728 US Hwy 641N Mocksville, NC 27026 A. Signature ent X -OC 6 ❑ Addressee B. Recelve by (Prf fed Name) C. Date of Delivery 1-7 -1 - lam D. Is delivery address different from Item 1? ❑/1vas If YES, enter delivery address below: 0 No 3. Sey�Ice Type If�Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.Q.D. 4. Restricted Delivery? {Extra Fee) ❑ Yes 7008 132301 n©d31 S2fS4;7 1609111 f i ►' co/a8 r4 PS Form 3811. February 2004 Dcmestic Return RecelDt 102595-02-M-15a0 UNITED STATES'P Wit % 21-0 —Ma^1 0 Sender: Please print your name, address, and ZIP+4 in this box 0 I M-� Pose--6roc-L - Aquifer Protection Section Department of F'rivironment and Natural Resources 585 Waughtown Street Winston-Salem, NC 27107-2241 d -21 74, , � F� � � ._ fit � � '4 � � �� � r� 9 _ r,• :� _ 4r - „a� � — iis�'3y�,►, ' t;—P� *` r r , 71 e` fir, - �° J4 • ,s t. , e ti a 4 � � f J � r,•Alf ram.,.. � � � • - ... �- � - - x - Ky ■r LYE - ry `f l r �.t .i :u 1 5 I� t F y 4r tie w Fr Y a 3 s t � , 9��., e`�.�e '' i,:4 e �. - ���—..'� ter• q^i Y s s�gA now ��� . 0 �� s� . � �, .# � {� `°' NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION DAVIE COUNTY 11 CVS 375 DWIGHT L. MYERS, Plaintiff, vs. BRIAN NEWCOMB, Defendant. AFFIDAVIT OF SHERRI V. KNIGHT Sherri V. Knight, being duly sworn, says as follows: 1. Affiant is Aquifer Protection Regional Supervisor for the North Carolina Division of Water Quality, Winston-Salem Regional Office of the North Carolina Department of Environment and Natural Resources located at 585 Waughtown Street, Winston-Salem, North Carolina 27107. 2. On June 28, 2010, Affiant mailed by certified mail, return receipt requested, the letter attached hereto as Exhibit A to Mr. Dwight L. Myers. Exhibit A is a true and accurate copy of the letter prepared, signed and sent to Mr. Dwight Myers. 3. Affiant received the return receipt requested showing the letter attached hereto as Exhibit A was received by Mr. Myers on '7 — I — 10 Further Affiant sayeth not. This the day of Ja ry, 2012. Sherri V. Knight GREENSBORO 1091541.1 STATE OF ) Ut f k COUNTY OFA✓.�r�sc�) I, lesn r a Notary Public in the County of and State of &)-A certify that Sherri V. Knight personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal this 13 - day of I'eb. , 2012. Notary Public My Commission Expires:pL L L. HAUSER blic - North Carolina dson County GREENSBORO 1091541,1 North Beverly Eaves Perdue Governor tD Mr. Dwight L, Myers 2728 US Hwy 64 W Mocksville, NC 27029 Subject: NOTICE OF DEFII Potential Stream S#� Parcel ID 94200000 ..Facility #30-35 Davie County Dear Mr. Myers: As you recall, staff from the Ste conducted a site visit on .Tune 11 the run-off of cattle waste into L cattle have access to a stream wl ultimately into Beaver Creels. L Basin. Asa result of the eornpla Please note that the upstream fe two downstream samples measL State's water quality standard ft colifonrn levels were elevated at coliform standard violations sbc greater than 200 colonies/ 100"m stream may be impacting surfac Stream samples were also obtain levels, biochernical oxygen dern violations of the State's'water qi specific conductance, nutrients, complaint investigation, there is allowed to deteriorate. A summ Exhibit A NCDENR ine Department of Environment and Natural Resources Division of Water Quality Coleen H, Sullins Dee Freeman Director Secretary June 28, 2010 lndard Violation: NOV-2010-SS-0034 1604 (Fred Lanier Road) s Division of Water Quality (Division) Winston-Salem Regional Office 2010, This visit was the result of a complaint received by our office alleging Ilse Myers., At the time of out visit, staff determined that approximately 90 itch flows through 238 acres of well vegetated pasture into Lake Myers and Ice Myers and its tributaries are Class WS-M waters in the Yadkin River nt investigation the following water quality concerns are doted: Ion d coliform measurement (Location 03) was 160 colonies per 1.00 ml while the ed 430 and 300 colonies per 100 ml (Locations #1 and #2, respectively), The fecal coliform is 200 colonies per 100 ml (maximum), Given that the fecal wo locations downstream of the cattle, there is the possibility for future fecal in Id staff obtaa required total of five samples that result in a geometric mean The current results suggest that excessive cattle activity iii and around the waters. I and analyzed for dissolved oxygen (DO), pH, specific conductance, nutrient d (BOD), and turbidity. As the attached results indicate; there were no ity standard for DO, pH, or turbidity (there is no water quality standard for BOD). Wltile there were no violations of these pararxteters on the date of our rtainly the potential for violations during rain events and if conditions are r of all test results is attached for your review. North Carolina DiviNto d Water aubtily. Winslon-selRegional OftL=Ibn; 686 Waughtawn 6L Winston-Salem, North rollne 27107 Phow336-7ri•600e1FAX; =771-46M1Custarno 6enrlce!1477.623-6748 Internet www,noweterquallry.org An (qupl opportunity 1 RifirwfiveAcllon Employer r3 arnthCarolma Nl.Itme d1lif Myers June 28, 2010 Page 2 of 2 Requested Response .. . The water quality concern obse water body is classified as a wa water bodies, such as Lake My{ within these waters mid carry w classification has associated sta There is the possibility for viol -bacteria if cutters ewiditions A on the date of our investigatiaa is of particular interest since the affected supply (WS-111). Surface water classifications are designations applied to and Beaver Creek (into, which it flows), which define the uses to be protected them an associated set of water quality standards to pxoteet those uses. Each trds that are used to determine if the'designated uses are being protected. ions of the North Carolina water quality standard for fecal colii'orm e not abated. Our office requests that you res ' and in writing within thirty (30) days of receipt of this Notice. Your response should include a plan -and specs a descriptions detailing how and when the water quality concerns are to be or have been addressed. Please di et your correspondence to my attention at the address contained in this letterhead. You may wish to eo tact the Davie County Soil and Water Conservation District/Natural Resource Conservation Service at (336)71-5011 for any technical assistance you may need. Thai-]: you for your prompt subject to a civil penalty ai immediate attention to the d please contact Melissa Rose Ahklunent DWQ-APS-Conflned Animal Davie County SWC ifNRCS WSRO - APS Files on to this matter-. Please note that this and Mny future violations are tent of up to $25,000 per day, far each violation. We ask that you give your icy described in this letter. Should you have questions regarding this Notice, or me at (336) 771-5000. Sincerely, Sberri V. might Aquifer Protection Regional Supervisor Winston Salem Regional Office ing Operations Unit Location #3 Vp4tream- BealrinInci of Propert Fecal coliform T 160 coI1100 ml 2DO = 7.1 mglL 3pH = 7.1 TKN = < 0.25 mg/L NOZ+NO3= 0.10 mVL Specific conductance = 88 pslcm BOD = <4 MglL °Turbidlty = 9.6 oratory and Field Sample Results Summary Myers Property June 11, 2010 Location #1 Mid olnt Fecal coliform = 4$0 col/1 00 m1 00= 8.1 mg1L PH = 7.1 TKN w < 0.25 mg/L NO2+NO3 = 0.51 m91L Specific conductance =122 Ns/cm SOD = < 4 Mg1L . Turbidity 5.6 NTU Location #2 Downstream - Near End of Prot) Fecal coliform = 300 col/1 00 mi DQ = 8.2mglL pH = 6.43 TKN = < 0.25 mA NO2+NO3= 0.47 mgx Specific conductance =126 pslcm SOD = < 4 mg& Turbidity = 5.3 NTU I The NC water quality standard for f6cal collform Is 200 colonies 1100 ml (maximum, geometric mean of five consecutive samples within 30 days). 2 The NO water quality standard for dissolved oxygen in this stream is 4.0 mg/L (minimum, instantaneous) -and not less than a daily average of 5,0 mgli.. b The NC water quality standard for p H Is 6.0 - 9.0 units: 4 The NO water quality standard for l is stream is 50 NTU. �t `� G 5 5 1 ilkk +l, }L>U 3yrli'1 °i +r -. [I' Vy 1 tfr� Ilt 3'.4r V.1y1 r k,.��'il f'� i L�y'r .� 1 �•� � t � � J '� a �t I r�.s !z,ti�; 4f5 �_}�i i 4 ir`�� s '�'k,$JLi ��g ��k _'�c• �1�'�'`�r� a�„in'fr {rf� V, ��� 1 .r 'I '� �I' -,.� 4 SI'� ' �� ,,,t 3t�^•1 r}tc'C;1+ '�7 f r j -' LfiTtt VC '�'� � �, 6 -r '7�► i � �f! ,,r t,��ff„'t�r,.lti;j �+� ! 1� \ r , .F .I � '.. � cM .f f � 4 r � ' �,+, It �,i t7 ' } 1 ' 1I� +� '• f .aa+'•f_ r 'e : ; , ,.'1 f;•'''; J!'+;;`""rf�''4'i"Fr�l. � I I :.;-. ,',t,rf .I 4, , • b i � - ♦ � Tt 7 f � J �EI 41 r r rvt •'+--�„"� 3 i '�, � f �S' 1 J Fmil' *�, r J� � '. I � - i i 1 y j•1 l r ^r �. I I �tL -•,�' 1 � } 1 �. ' ' `t � SwF r : , � i � �Y.. �'jy F INTM `��i(y';.}� ,+ It6r ��� .,.,,{ �;♦ '; iII it++y`Ylj i � r' ;� !. , 5 F��Fn its. z I f" "' � i + r fl �n 1 s f 1 �i I� } • f ., GZ "Y�,��wi4 r•,r� 'i �n + rl'.. � I pl � ,i � � _ c�,." - 'r 1 f '; 1 +. f I P ! '.� .. tz j I tht, i. 11 ,�•�r -rl{�1�} f � , N`��� ..• � l' f J Ir . -�� yi�,. r 7 t {�.,j.� � lr i� � x l yam' ��„��� G��„' F I ,'1 I• � .}��.yGf- riF'3[ r -'7'" r 7 5 ' Jet �► SMITHMOORE LEATHERWOODN.C.Dept of RECEIVED FB o 3 2012 Ta Winston-Salem Regional Office January 25, 2012 Sherri V. Knight Aquifer Protection Regional Supervisor Winston-Salem Regional Office North Carolina Department of Environment - and Natural Resources Division of Water Quality 585 Waughtown Street Winston-Salem, North Carolina 27107 Re: Dwight L. Myers vs. Brian Newcomb Davie,County — File No. ll-CVS-375 Dear Ms. Knight: Enclosed please find an Affidavit, which I would appreciate you reviewing and signing and returning to me in the enclosed self-addressed, stamped envelope. This is necessary for a Court hearing involving the controversy between Mr. Myers and Brian Newcomb of the Lake Myers Resort. If you have any questions about this, I would appreciate your contacting me. Thank you for your assistance. Sincerely, SMIT ORE L ATHERWOOD LLP D. Clark Smith, Jr. DCSjr/thl Enclosure G RE1, N SBOR0 1091539.1 10. Clark Smith, Jr. ! Direct 336-378.5442 1 Fax 330,433,7447 1 clark.smith a smithmciorclaw.com Smith Moore I catherwood 1.1.11 - Attorneys at Law 300 North Greene Street Suite 1400 PU Box 21927 (27420) Greensboro, NC 27401 ■ 336.378,5200 ■ www,. rnithmoorclaw.eom Atlanta, GA ■ Charlotte, NC ■ Greensboro, NC - Grecarville, SC - Raleigh, NC - Wilmington, NC Rosebrock, Melissa From: Mickey, Mike Sent: Wednesday, June 08, 2011 8:49 AM To: Rosebrock, Melissa; Mitchell, Patrick Cc: Basinger, Corey Subject: FW: Lake Myers Attachments: Newcomb emails.pdf; Myers Ltr.pdf FYI —Another atty inquiry regarding Lake Myers. From: Mickey, Mike Sent: Wednesday, June 08, 2011 8:46 AM To: 'lawclerks@mvhlaw.com' Subject: FW: Lake Myers David — Attached is the info sent out previously. Let me know if you have any questions. Mike. Mike Mickey MIke.Mlckev0 NCDENR.eov NC Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4962 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Mickey, Mike Sent: Monday, May 16, 2011 11:53 AM To: 'clark.smith@smithmoorelaw.com' Subject: Lake Myers Clark — Please find the following attached: 1) Copy of my emails to Brian Newcomb on 6/16/10 and 4/27/11. 2) Copy of the 6/28/10 Notice of Deficiency letter sent to Dwight Myers by the Aquifer Protection Section. Let me know if you have any questions. Mike. Mike Mickey Mike. M ickevO N CDEN R.eov NC Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4962 FAX: (336) 771-4630 Rosebrock, Melissa From: Basinger, Corey Sent: Tuesday, May 31, 2011 12:25 PM To: Rosebrock, Melissa; Mickey, Mike Subject: C-)Cows in Lake Myers (RV park) ,DavI Spoke to Brian Newcome at Lake Myers RV Park. He called to inform us that his neighbor's cows were in the lake (and feeder stream) again. Apparently, his neighbor, Dwight Myers, was cited by DWQ last year for the same issue and was required to keep the cows fenced out of lake/stream. Melissa, I would assume that this "citation" came from you, but I'm not sure. Mr. Newcome can be reached at 336-469-5378 cell and 782-9090 home. He indicated that he would try to get some photos of the cows in the stream/lake. Any questions, please advise. CB W. Corey Basinger Supervisor, Winston-Salem Regional Office Surface Water Protection Section Division of Water Quality Email: corev.basinger@ncdenrgov Phone: (336) 771-5000 Fax (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Rosebrock, Melissa From: Mickey, Mike Sent: Monday, May 16, 2011 11:54 AM To: Rosebrock, Melissa Subject: FW: Lake Myers Attachments: Newcomb emails.pdf, Myers Ltr.pdf Just a heads up. Dwight Myers is suing Lake Myers family campground for drawing down the lake this winter to control Alligator Weed. Clark Smith is the atty for the campground. From: Mickey, Mike Sent: Monday, May 16, 2011 11:53 AM To: 'clark.smith@smithmoorelaw.com' Subject: Lake Myers Clark— Please find the following attached: 1) Copy of my emails to Brian Newcomb on 6/16/10 and 4/27/11. 2) Copy of the 6/28/10 Notice of Deficiency letter sent to Dwight Myers by the Aquifer Protection Section. Let me know if you have any questions. Mike. Mike Mickey Mike.MickevONCDEN R.eov NC Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4962 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Mickey, Mike From: Mickey, Mike Sent: Wednesday, April 27, 2011 4:19 PM To: 'brian_newcomb@mhchomes.com' Subject: Aquatic Plant Attachments: June 16, 2010 email.pdf Brian — Attached is a copy of the 6/16/10 email that i sent you. it also contains the 6/14/10 email from our biologist (Mark Vander Borgh) in Raleigh. Our suggestion was that you to contact the county extension agent or Rob Emens, Aquatic Plant Specialist with the Division of Water Resources. Rob's contact information is In the link below. Glad you were successful in controlling the invasive species. Good luck with the rest. Mike. http:Lwww.ncLNater.o2/Education and Technical AssistancejAguatic Weed Control/ Mike Mickey Mike. Mickey@ CDENR. ov NC Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4962 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Mickey, Mike From: Mickey, Mike Sent: Wednesday, June 16, 2010 8:57 AM To: 'brian newcomb@mhchomes.com' Subject: FW: Lake Myers aquatic plant I Brian — The aquatic plant specimen I collected was identified as Alligatorweed (see email below). This Is an invasive species that needs to be controlled. The link In the email gives contact Information for Rob Emens with the Division of Water Resources for technical assistance. In addition, Rob or the county extension agent should also be able to advise you on the proper method to control duckweed at putt putt course. Good luck. Mike. Mike Mickey M1ke.Mlckev9_DNCDENR.eov NC Division of Water Quality 585 W a ughtown, Street Winston-Salem, NC 27107 Phone: (336) 771-4962 FAX: (336) 771-4630 E-mall correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Vander Borgh, Mark Sent: Monday, June 14, 2010 1:42 PM To: Mickey, Mike Subject: Beaver Creek Aquatic Plant 100707 Mike, in regard to the aquatic plant collected from the U.T. to Beaver Creek (Lake Myers). It is the exotic invasive Alternanthera philozeroides, commonly called alligatorweed. Nice sample, the flowers help a lot. More information on the ecology and control of this and other aquatic plants can be found on DENR's Division of Water Resources website at httg://www_ncwater.or,(.Education and. Technical_ Assistance/Aquatic Weed ControlL Please contact me if you have any further questions. Mark Rosebrock, Melissa From: Rosebrock, Melissa Sent: Wednesday, June 08, 2011 1:09 PM To: Basinger, Corey Cc: Mitchell, Patrick; Rosebrock, Melissa; Frankie Singleton; Knight, Sherri Subject: RE: Dwight Myers - Mocksville, NC All: Let me clear up some discrepancies ... just as an FYI. Mr. Myers was "cited" with an NOD last year because two of three sampling points (on one day) had fecal coliform levels of 300 and 430. We did not "cite him for numerous violations." We requested that he fence the cattle out of the trios which he did. Since both the campground AND Mr. Myers (and the geese) share the same body of lake water, this office nor the DWQ lab will be able to determine definitively who/what would be causing elevated fecal coliform levels -- -if there are any. Additionally, I would not test for E. coli --- he needs to contact the health department for that. As you know, the WQ standard that we took at is fecal coliform. Lastly, there are still no laws or rules that stipulate that cattle must be excluded from surface waters. Let me know if you have additional questions or concerns. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.eov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www. n cwatera u a l ity. o E-mail correspondence to and from this address may be subject to the North Carolina Public Records taw and may be disclosed to third parties. From: Basinger, Corey Sent: Wednesday, June 08, 2011 12:51 PM To: Brian Newcomb Cc: Rosebrock, Melissa; Mitchell, Patrick Subject: RE: Dwight Myers - Mocksville, NC Brian, Thank you for the photos. I have forwarded them to Melissa Rosebrock and Patrick Mitchell for their review. Corey W. Corey Basinger Supervisor, Winston-Salem Regional Office Surface Water Protection Section Division of Water Quality Email: corev.basin er@ncdew.gov Phone: (336) 771-5000 Fax (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Corolino Public Records Low and may be disclosed to third parties. From: Brian Newcomb rmailto:bmnewcom20052vahoo.coml Sent: Wednesday, June 08, 2011 12:47 PM To: Basinger, Corey Subject: Dwight Myers - Mocksville, NC I am attaching photos of cows in the lake here at 2862 Hwy 64 West in Mocksville... The owner of the property was cited last year for numerous violations regarding these cattle and for months now has continued to allow his cattle access to the lake. I am concerned that now that we are getting into the hottest parts of the summer this will continue to be a growing concern for E-Coli or other Cattle Fecal Borne Diseases. Please contact me at 336-782-9090 for additional images and video. Thank You, Brian M. Newcomb Community Manager Lake Myers RV Resort Rosebrock, Melissa From: Rosebrock, Melissa Sent: Wednesday, June 08, 2011 1:09 PM To: Basinger, Corey Cc: Mitchell, Patrick; Rosebrock, Melissa; Frankie Singleton; Knight, Sherri Subject: RE: Dwight Myers - Mocksville, NC All: Let me clear up some discrepancies...just as an FYI. Mr. Myers was "cited" with an NOD last year because two of three sampling points (on one day) had fecal coliform levels of 300 and 430. We did not "cite him for numerous violations." We requested that he fence the cattle out of the tribs which he did. Since both the campground AND Mr. Myers (and the geese) share the same body of lake water, this office nor the DWQ lab will be able to determine definitively who/what would be causing elevated fecal coliform levels -- -if there are any. Additionally, I would not test for E. coli --- he needs to contact the health department for that. As you know, the WQ standard that we look at is fecal coliform. Lastly, there are still no laws or rules that stipulate that cattle must be excluded from surface waters. Let me know if you have additional questions or concerns. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.eov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.ncwaterguality.org E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Basinger, Corey Sent: Wednesday, June 08, 2011 12:51 PM To: Brian Newcomb Cc: Rosebrock, Melissa; Mitchell, Patrick Subject: RE: Dwight Myers - Mocksville, NC Brian, Thank you for the photos. I have forwarded them to Melissa Rosebrock and Patrick Mitchell for their review. Corey W. Corey Basinger Supervisor, Winston-Salem Regional Office Surface Water Protection Section Division of Water Quality Email: corey.basineer@ncdenr.gov Phone: (336) 771-5000 Fax (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Brian Newcomb [mailto-.b-mnewcom2005@yahoo.comI Sent: Wednesday, June 08, 2011 12:47 PM To: Basinger, Corey Subject: Dwight Myers - Mocksville, NC I am attaching photos of cows in the lake here at 2862 Hwy 64 West in Mocksville... The owner of the property was cited last year for numerous violations regarding these cattle and for months now has continued to allow his cattle access to the lake. I am concerned that now that we are getting into the hottest parts of the summer this will continue to be a growing concern for E-Coli or other Cattle Fecal Borne Diseases. Please contact me at 336-782-9090 for additional images and video. Thank You, Brian M. Newcomb Community Manager Lake Myers RV Resort Rosebrock, Melissa From: Frankie Singleton [fsingleton@mocksville.com] Sent: Wednesday, October 06, 2010 9:09 AM To: Rosebrock, Melissa Cc: Mickey, Mike Subject: RE: Dwight Myers I don't believe so, They might see the cows in the pasture. Thanks From: Rosebrock; Melissa [mailto:melissa.rosebrock@ncdenr.gov] Sent: Wednesday, October 06, 2010 8:52 AM To: Frankie Singleton Cc: Mickey, Mike Subject: RE: Dwight Myers That sounds good enough for me Frankie. Question though, can the RV manager still look across and see cows getting in the lake? I'm copying Mike as he received a call from the RV manager a week or so ago. Thanks for all your efforts. Melissa Melissa Rosebrock Melissa. Rosebrock a NCDFNR.gov<mailto: Steve.Tedder a,NCDENR.gov> NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.«cwaterquality.org<htt :Ihvww.ncwater unlit .or F-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Frankie Singleton [mailto:fsing_letonnmocksville.com] Sent: Tuesday, October 05, 2010 6:35 PM To: Rosebrock, Melissa Subject: Dwight Myers 1 made a site visit to Dwight Myers farm this afternoon. The fencing looks good ... 5 strand of barbed wire and a crossing was made at the culvert. What other correspondence will Dwight need? Thanks No virus found in this message. Checked by AVG - www.ava.com Version: 10.0.1120 / Virus Database: 422/3180 - Release Date: 10/06/10 NCDENR North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 28, 2010 CERTIFIED MAIL 7008 3230 0003 2547 0091 RETURN-R-ECEIPT RE01JF.STED Mr. Dwight L. Myers 2728 US Hwy 64 W Mocksville, NC 27028 Subject: NOTICE OF DEFICIENCY Potential Stream Standard Violation: NOV-2010-SS-0034 Parcel ID #420000001604 (Fred Lanier Road) acili # - - our Dear Mr. Myers: Resources Dee Freeman Secretary As you recall, staff from the State's Division of Water Quality (Division) Winston-Salem Regional Office conducted a site visit on June 11, 2010. This visit was the result of a complaint received by our office alleging the run-off of cattle waste into Lake Myers. At the time of our visit, staff determined that approximately 90 cattle have access to a stream which flows through 238 acres of well vegetated pasture into Lake Myers and ultimately into Beaver Creek. Lake Myers and its tributaries are Class WS-III waters in the Yadkin River Basin. As a result of the complaint investigation the following water quality concerns are noted: Potential Fecal Coliform Violation Please note that the upstream fecal coliform measurement (Location #3) was 160 colonies per 100 ml while the two downstream samples measured 430 and 300 colonies per 100 ml (Locations 41 and #2, respectively). The State's water quality standard for fecal coliform is 200 colonies per 100 ml (maximum). Given that the fecal coliform levels were elevated at two locations downstream of the cattle, there is the possibility for future fecal coliform standard violations should staff obtain a required total of five samples that result in a geometric mean greater than 200 eolonies1100 ml. The current results suggest that excessive cattle activity in and around the stream may be impacting surface waters. Stream samples were also obtained and analyzed for dissolved oxygen (DO), pH, specific conductance, nutrient levels, biochemical oxygen demand (BOD), and turbidity. As the attached results indicate, there were no violations of the State's water quality standard for DO, pH, or turbidity (there is no water quality standard for specific conductance, nutrients, or BOD). While there were no violations of these parameters on the date of our complaint investigation, there is certainly the potential for violations during rain events and if conditions are allowed to deteriorate. A summary of all test results is attached for your review. Norlh Carolina Division of Water Quality, Winston-Salem Reg lonal Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone. 336-771-50001 FAX, 336-771-46301 Customer Service,. 1-877-623-6748 Internet: www.ncwaterquallty.org An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina Xmirally Myers June 28, 2010 Page 2 of 2 Requested Response The water duality concern observed on the date of our investigation is of particular interest since the affected water body is classified as a water supply (WS-III). Surface water classifications are designations applied to water bodies, such as Lake Myers and Beaver Creek (into which it flows), which define the uses to be protected within these waters and carry with them an associated set of water quality standards to protect those uses. Each classification has associated standards that are used to determine if the designated uses are being protected. There is the possibility for violations of the North Carolina water quality standard for fecal coliform bacteria if current conditions are not abated. Our office requests that you respond in writing within thirty (30) days of receipt of this Notice. Your response should include a plan and specific descriptions detailing how and when the water quality concerns are to be or have been addressed. Please direct your correspondence to my attention at the address contained in this letterhead. You may wish to contact the Davie County Soil and Water Conservation District/Natural Resource Conservation Service at (336) 751-5011 for any technical assistance you may need. Thank you for your prompt attention to this matter. Please note that this and any future violations are subject to a civil penalty assessment of up to $25,000 per day, for each violation. We ask that you give your immediate attention to the deficiency described in this letter. Should you have questions regarding this Notice, please contact Melissa Rosebrock or me at (336) 771-5000. Sincerely, Sherri V. Knight Aquifer Protection Regional Supervisor Winston Salem Regional Office Attachment cc: DWQ-APS-Confined Animal Feeding Operations Unit Davie County SWCDMRCS WSRO - APS Files Laboratory and Field Sample Results Summary Location #3 Upstream• Beginning of Property 'Fecal coliform = 160 co11100 mi 2DO = 7.1 mg/L 3pH = 7.1 TKN = < 0,25 mg/L NO2+NO3 = 0.10 mg1L Specific conductance = 88 pslcm BOD = <4 mg/L 4Turbidity = H Myers Property June 11, 2010 Location #1 Midpoint Fecal coliform = 430 co11100 mi DO= 8.1 mg/L PH = 7.1 TKN = < 0.25 mglL NO2+NO3 = 0.51 mg/L Specific conductance =122 pslcm BOD =<4mglL Turbidity = 5.5 NTU Location #2 Downstream - Near End of Propert Fecal coliform = 300 co11100 mi DO = 8.2mg/L PH = 6.43 TKN = < 0.25 mg/L NO2+NO3= 0,47 mg!!_ Specific conductance =126 pslcm BOD = < 4 mg/L Turbidity = 5.3 NTU ' The NC water quality standard for fecal coliform is 200 colonies 1100 ml (maximum, geometric mean of five consecutive samples within 30 days). 2 The NC water quality standard for dissolved oxygen in this stream is 4.0 mg/L (minimum, instantaneous) and not less than a daily average of 5.0 mg/L. 3 The NC water quality standard for pH is 6,0 -.9.0 units. 4 The NC water quality standard for this stream is 50 NTU. Myers #3 Myers #1 Myers #2 * Map Not To Scale Map Sources: Aerial Photo, Water Features, Road Features, and Parcel Boundaries ail provided by Davie County GIB Department LEGEND Parcel Boundaries D. Myers Parcel Boundary Approximate Sample Location COMPLAINT REPORT Division of Water QuMity Wristoli•Salem Regional Office Did caller ask to remain anonymous? Yes No (If YES, skip to directions section) NAIVIE O1< CALLER: ©ATE: 5 TIME:�`,0� arril� COUNTY: ,.O sAC-ldtrf-9 A 01 P0.1 ? 7 r1'P- V oaA, # 3C)--. C ADDRESS: TELEPHONE: �` -- NOS ?t\jov — Kean — Ss -DIRECTIONS: r n p SOURCE OF POLLUTION: NATURE OF COMPLAINT: REFERRED TO: ACTION TAKEN: RECEIVED BY: I INVESTIGATOR: Nc®EWR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins flee Freeman Governor Director Secretary June 28, 2010 CERTIFIED MAIL 7008 3230 0003 2547 0091 RETURN RECEIPT REO[JESTED Mr. Dwight L. Myers 2728 US Hwy 64 W Mocksville, NC 27028 Subject: NOTICE OF DEFICIENCY Potential Stream Standard Violation: NOV-2010-SS-0034 Parcel ID #420000001604 (Fred Lanier Road) Facility 430-35 Davie County Dear Mr. Myers: As you recall, staff from the State's Division of Water Quality (Division) Winston-Salem Regional Office conducted a site visit on June 11, 2010. This visit was the result of a complaint received by our office alleging the run-off of cattle waste into Lake Myers. At the time of our visit, staff determined that approximately 90 cattle have access to a stream which flows through 238 acres of well vegetated pasture into Lake Myers and ultimately into Beaver Creek. Lake Myers and its tributaries are Class WS-Ill waters in the Yadkin River Basin. As a result of the complaint investigation the following water quality concerns are noted: Potential Fecal Col'rform Violation Please note that the upstream fecal coliform measurement (Location #3) was 160 colonies per 100 ml while the two downstream samples measured 430 and 300 colonies per 100 ml (Locations 41 and 92, respectively). The State's water quality standard for fecal coliform is 200 colonies per 100 ml (maximum). Given that the fecal coliform levels were elevated at two locations downstream of the cattle, there is the possibility for future fecal coliform standard violations -should staff obtain a required total of five samples that result in a geometric mean greater than 200 colonies/] 00 ml. The current results suggest that excessive cattle activity in and around the stream may be impacting surface waters. Stream samples were also obtained and analyzed for dissolved oxygen (DO), pH, specific conductance, nutrient levels, biochemical oxygen demand (BOD), and turbidity. As the attached results indicate, there were no violations of the State's water quality standard for DO, pH, or turbidity (there is no water quality standard for specific conductance, nutrients, or BOD). While there were no violations of these parameters on the date of our complaint investigation, there is certainly the potential for violations during rain events and if conditions are allowed to deteriorate. A summary of all test results is attached for your review. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-5000 4 FAX: 336-771-4630 t CUslomer Service: 1.877-623-6748 lnternel www ncwaterqualily.org An Equal opportunity 1 Affirmative Action Employer One NoahCarolina Naturally .r Myers June 28, 2010 Page 2 of 2 Requested Response The water duality concern observed on the date of our investigation is of particular interest since the affected water body is classified as a water supply (WS-III). Surface water classifications are designations applied to water bodies, such as Lake Myers and Beaver Creek (into which it flows), which define the uses to be protected within these waters and carry with them an associated set of water quality standards to protect those uses. Each classification has associated standards that are used to determine if the designated uses are being protected. There is the possibility for violations of the North Carolina water duality standard for fecal coliform bacteria if current conditions are not abated. Our office requests that you respond in writing within thirty (30) days of receipt of this Notice. Your response should include a plan and specific descriptions detailing how and when the water quality concerns are to be or have been addressed. Please direct your correspondence to my attention at the address contained in this letterhead. You may wish to contact the Davie County Soil and Water Conservation District/Natural Resource Conservation Service at (336) 751-501 1 for any technical assistance you may need. '['hank you for your prompt attention to this matter. Please note that this and any future violations are subject to a civil penalty assessment of up to S25,000 per day, for each violation. We ask that you give your immediate attention to the deficiency described in this letter. Should you have questions regarding this Notice, please contact Melissa Rosebrock or me at (336) 771-5000. Sincerely, Sherri V. Knight Aquifer Protection Regional Supervisor Winston Salem Regional Office Attachment cc: DWQ-APS-Confined Animal Feeding Operations Unit Davie County SWCDINRCS WSRO - APS Files Laboratory and Field Sample Results Summary Location #3 Upstream - Beginning of Property 'Fecal coliform =160 col/1 00 mi 2DO = 7.1 mg/L 3pH = 7.1 TKN = < 0.25 mg/L NO2+NO3 = 0.10 mg/L Specific conductance = 88 pslcm BOD = <4 mg/L 4Turbidity = 9.6 Myers Property June 11, 2010 Location #1 Mi_ dpoint Fecal coliform = 430 co11100 mi DO= 8.1 mg/L PH = 7.1 TKN = < 0.25 mg/L NO2+NO3 = 0.51 mg1L Specific conductance =122 ps/cm BOD = < 4 mglL Turbidity = 5.5 NTu Location #2 Downstream - Near End of Property Fecal coliform = 300 co11100 mi DO = 8.2mg/L PH = 6.43 TKN = < 0.25 mg/L NO2+NO3 = 0.47 mgIL Specific conductance =126 pslcm BOD = < 4 mgrL Turbidity = 5.3 NTu I The NC water quality standard for fecal coliform is 200 colonies 1100 ml (maximum, geometric mean of five consecutive samples within 30 days). 2 The NC water quality standard for dissolved oxygen in this stream is 4,0 mglL (minimum, instantaneous) and not less than a daily average of 5.0 mg/L. 3 The NC water quality standard for pH is 6.0 - 9.0 units. 4 The NC water quality standard for this stream is 50 NTU. Map Sources: Aerial Photo, Water Features, Road Features, and Parcel Boundaries all provided by Davie County GIS Department LEGEND = Parcel Boundaries / = D. Myers Parcel Boundary 0 = Approximate Sample: Location o Page 1 of 2 UROOTEST Laboratory Report Lab Location R' Lob Location 'C' Lab Loc&W 'W' NCNWV Cert.#: 067 NC/DW Cert.#: 37731 NCIWW Cert.#: 103 NCIDW Cart.#]37733 NCNWV Cert.#: 075 NC1DW Cert.#: 37721 6701 Conference Dr, Raleigh, NC 27607 6300 Ramada Dr, Suite C2, Clemmons, N6624 Gordon Rd, Unit G, Wilmington, NC 28411 Ph: (919) 834-4984 Fax: (919) 834-6497 Ph: (336) 766-7846 Fax: (336) 766-Ph: (910) 763-9793 Fax: (910) 343-9688 Project No.: Report Date: 6/21/2010 Project ID. MYERS CATTLE Date Received: 6/1112010 RECEIVED I N.c.tiapt ofENA --- Prepared for --- MELISSA ROSEBROCK 2;3 Z0% DWQaton9alam Work Order #: L!z 1006-00872 585 WAUGHTOWN ST. tonal oFttce Cust. Code: 800993 WINSTON-SALEM, NC 27107 Cust. P.O.#: No. Sample 1D Date Sampled Time Sampled Matrix Sample Type Condition 001 #1 MIDPOINT 6/1112010 9:20 SW Grab 4 +1- 2 deg C Test Performed Method Results Lab Loc �la�IzedTime-- Qualifier Fecal CollformslMF SM 9222D 430 CFUl100mL C 6/11/10 13:15 Turbidity EPA 180.1 5.5 NTU R 6/11/10 17:00 Biochemical Oxygen Demand SM 5210B <4" mg1L C 6/11/10 13:45 Total Kjeldahl Nitrogen EPA 351.2 <0.25 mg1L R 6116/10 13:20 Nltrate-Nitrite EPA 353.2 0.51 mg1L as N R 6117110 13.15 Total Nitrogen Calculation CALCULATION 0.51 mg1L R 6/17110 13:16 No. Sample ID Date Sampled Time Sampled Matrix Sample Type Condition 002 #2 DOWNSTREAM 6/11/2010 9:35 SW Grab 4 +1- 2 deg C Test Performed Method Results Lab Lac Da�zedTime Qualifier Fecal ColiformslMF SM 9222D 300 CFU1100mL C 6/11110 13:15 Turbidity EPA 180.1 5.3 NTU R 6/11/10 17:00 Biochemical Oxygen Demand SM 5210B <4" mg1L C 6111110 13:45 Total Kjeldahl Nitrogen EPA 351.2 <0.25 mglL R 6116/10 13:20 Nitrate -Nitrite EPA 353.2 0.47 mg1L as N R 6/17110 13:15 Total Nitrogen Calculation CALCULATION 0.47 mg/L R 6117110 13:15 No. Sample 1D Date Sampled Time Sampled Matrix Sample Type Condition 003 #3 UPSTREAM 6/11/2010 10:20 SW Grab 4 +/- 2 deg C Test Performed Method Results Lab Loc DaZedTime Qualifier Fecal ColiformslMF SM 9222D 160 CFU1100mL C 6/11/10 13:15 Turbidity EPA 180.1 9.6 NTU R 6111/10 17:00 Biochemical Oxygen Demand SM 5210B <4. mglL C 6/11/10 13:45 Total Kjeldahl Nitrogen EPA 351.2 <0.25 mg1L R 6116/10 13:20 Nitrate -Nitrite EPA 353.2 0.10 mg/L as N R 6/17/10 13:15 Total Nitrogen Calculation CALCULATION 0.10 mglL R 6/17110 13:15 0 0 VROOTEST 6701 Conference Drive Raleigh, NC 27607 Telephone: (919) 834-4984 Telephone: (919) 834-4984 Fax: (919) 834-6497 Fax: (919) 834-6497 Laboratory Report Work Order #: 1006-00872 Reviewed by: Page 2 of 2 NCIWW Cert. M 067 NCIDW Cert M 37731 for Tritest, Inc. Name of Stream Description Curr, Class Little Creek From a point 1.0 mile WS-IV upstream of Davie County SR 1147 to South Yadkin R. Hunting Creek From source to a point WS-III 1.1 miles upstream of Davie County SR 1147 Hunting Creek From a point 1.1 miles WS-III;CA upstream of Davie County SR 1147 to a point 0.3 mile upstream of Davie County SR 1147 (Town of Mocksville water supply intake) Date Basin Stream Index # CB/O1/98 Yadkin 12-108-15-(2) 08/03/92 Yadkin 12-108-16-(0.5) 08/03/92 Yadkin 12-108-16-(Il) Hunting Creek From a point 0.3 mile WS-IV 09/01/94 Yadkin 12-108-16-(12) upstream of Davie County SR 1147 to South Yadkin River 48/03/92----Yadkin 12-108-16-10—..7 8eaver_Creek From aouzce��o�Hunting 'Creek WS=III -- Bear Creek From source to a point C 08/01/98 Yadkin 12-108-18-ill 0.2 mile downstream of U.S. Hwy. 64 Bear Creek From a point 0.2 mile WS-IV OB/01/96 Yadkin 12-108-16-(3) downstream of U.S. Hwy. 64 to South Yadkin River Little Bear Creek From source to Bear C 08/01/90 Yadkin 12-108-18-2 Creek Blue Branch From source to Little C CB/01/98 Yadkin 12-108-18-2-1 Bear Creek Baxter Creek From source to Bear WS-IV 09/01/94 Yadkin 12-1C8-18-4 (Beaver Creek) Creek Hauser Creek From source to Yadkin WS-IV 08/03/92 Yadkin 12-86 River Sheek Creek From source to Yadkin WS-IV 08/03/92 Yadkin 12-89 River Carter Creek From source to Yadkin C 08/01/98 Yadkin 12-93 River Smith Creek From source to Carter C 08/01/98 Yadkin 12-93-1 Creek Bailey Creek From source to Carter C 08/01/98 Yadkin 12-93-2 Creek Peoples Creek From source to Yadkin WS-IV 08/03/92 Yadkin 12-95 River Fulton Creek From source to a point C 08/01/98 Yadkin 12-97-(1) (Carter Creek) 0.2 mile upstream of Davie County SR 1618 Fulton Creek From a point 0.2 mile WS-IV 08/01/98 Yadkin 12-97-(2) (Carter Creek) upstream of County SR 1616 to Yadkin River Page 4 of 4 2010-06-19 07:11:28 I I I I I I I I I I 10�01 3P 0104" Yv l I I I I I I I bf01 3P' 00104" W I I I I I I I 1 0$01 3p' ka104" w 1 I I I I 1 1 I OPai 3�' LA MPCO i ail. -�� INIM 1 �a RM MVWX � I MR. �`�� 1. �` "'�►„f _ � � :.,r � ��1'- 1•����`,��K� ` �r Pig •_'�� - roc► I I I I I I f 1 1 1 10b0} 3b' �A6 1MV 1 1 1 1 1 11 I Ogp01o& iv 1 I I I I I I I ohoL 3�' �O!Od" +V I f I I I I I 10h0; * O� Datum: NAD27 Copyright (C) 2009 MyTopo GoMAPS - Davie County NC Public Access G VICTORY-1-W.— a- O r s n CASTLE 41r ° � i E 1 Ap f I # qr A r it � o j. o ssM ***WARNING: THIS IS NOT A SURVEY!*** This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. nabtsfacatruCEure_pakft WATER_BMES ED COUNTY -BOUNDARY STREETS RALROAkCENTERLINE PARCELS CiIY_LMIITS BERWMA RM 0 COOLEEMEE ElMoc"Vilix nceounan DAVIE "K 0"r values: - Thursday, May 20 2010 GoMAPS - Davie County NC Public Access ® WATM_BODF-8 COUMTY_11MUDARY STREErs RALROdAD_CEMTERLINE ED PARCELS 2007Aadel-PhoWs CirY_LIWTS BERMUDA1 RUM EllCOOLEEiSE E] MOCKSVB.EE Thursday, May 20 2010 ***WARNING: THIS IS NOT A SURVEY!*** This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded deeds, plats, and other publicrecords and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. GoMAPS - Davie County NC Public Access : iA�:r yo C1+5 iLE LN t' d � P. �O� I i� 41 E 0 663ft ***WARNING: THIS IS NOT A SURVEY!*** This map is prepared for the inventory of real property found within this jurisdiction„ and is compiled from recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. WATER_80DIES C0IJNTY B011NDARY SMEETS RALROAD CENTERLINE PARCELS CtrV Lmm BERMUDA RUN ncs DAVIE EJcat! c&wr v0aw" Thursday, May 20 2010 {5 jI Water Quality Monitoring Field Meter Calibration Sheet Date Time Initials yylmnVdd 24hr hh;mm Pre -Sampling Calibration 0 Dfb d wS— Post-Sampling Check /3 ODD Miscellaneous {Does not apply to YSI 85 orAccumet Meters) Battery Level (V) Irrer Working? Pre -Sampling Calibration I Y 1 N Post -Sampling Check I Y ! N Battery Ranges = Surveyor VaMlmal. 7.2-7, 5V, externBF 11-13V; quanta: 4.0-4.5V Dissolved Oxvaen (ri lLl li��y Temp. °C Initlel % Saturation Barometric Pressure (mmHg) Altitude (ft.) D,O. Table Value Initial Motor Reading (mg1L) Calibrated Meter Reading (mgrLl Calibrated % Saturation Pre -Sampling Calibration t7 b� 9. _z5/' Post -Sampling Check Z .0 G b� r p� p d �{l Cv irF a -:.tlr a it1s>iil:'.t� 1!! #s'wlglJl Within 0.5 . Y N ific Conductance 9 (pSlcm at 250C Dry Air1.2 Zero (0) Initial Meter Ulbrated 4 Reading I Meter Readin Lot #, eX Z q(S(,t Conductivity Standard' Value: C) Initial Meter Calibrated 4 Reading Meter Readin F✓ Got #: / 6 oao S Calibration Check Value; 1 nao Initial Meter ' ••; t10% Rafiges tor'Sp. Cond. Reading Host-bampling Check +!5j��1 lt�€N rr�i I / within t 2. ..t Wit 10%? 1`1 , @ Y 1 N.........:1 d, - ....... Y �.... o...... I t )t P I Y N NOTE: Quanta reads in mSlcm; move decimal 3 places right for NS1cm. 1 Dry Air CALIBRATIONS are conducted for 4a and MS5 Hydrolabs only, 2 Dry Air CHECKS {confirmation of zero in dry air) are conducted for YSI 85, YSI 6920, & Quanta motors. 3 Conductivity standards are used to CHECK the YSI 85 meter and to CALIBRATE all Hydrolab melers and the YSI 6920. 4 Does not apply to Dry Air CHECKS or Conductivity Standard CHECKS (leave blank). r Ill (St11 I Lot #: 16 0 44 0✓Lot #: 11 to`t 5 � 6 tan a en `.100 ::....r...90 toA 10 447'..,, ..:.'. 402 to 4912 10,000 .. 9 000 to 11,000 15,000 ..',.13,500 to 16,500 68,670 52,803.to 64;537 Buffer #1 r #2 Confirmation 7.4 Buffer Temp;AlBuffer 4.0 10.0 Temp: A � Slope Efflclency° Buffer 7.0 initial Meter Calibrated Meter Initial Meter Calibrated Meter Meter Reading Reading Reading Reading Reeding Pre -Sampling Calibration q D � , (D _6I qq. j . Oo Post -Sampling Check ' ��� U, ,�sr� 3 pYIN &i1`1 f1i'll r ................................ Within t 0.17 wit i 0.2?f Y N ,3r,�> ) is Ott, 4 g f�flEi,rEii't�i�ii+ Slope efficiency applies to Accumet Keters only (does not apply to Hyd(oIP6 orYS1 motors). Comments: Keep original on Ale for 6 years Yer.011111512007 TRiT€ST 6701 Conference Drive, Raleigh, NC 27607 ph: (919) 834-4984 fax: (919) 834-6497 NCWW Cer*67. NCDW Cer*37731 Report- Address: !% A�n— t-5 4e-1 . _O ►� Attn: Mt6�250, 1 L 0 Phone }, Sampled by - r II. rllriln �:' r -�7ai 1 chain of custody Bill To: NG b 0 NR-- T) U-29� 2a eighC1 Project Reference Project Number: Tritest W.O.# l 006 -�o e7 ., Purchase Order #: AStandard Report Delivery © Rush Report Delivery (Wl surcharge) **Rush proiects are subject to prior approval by the laboratory Requested Due Date: Sample DescriptionStart .,. e Date End Date Matnx_ - a rvvi ow, ew', Gw,9o0.ec" -Analyses Requested .m Sa le# ASP � -ao1 Z b lrJ'tl S- rea, No3tNO2gslll� Y 0 0V, 5 am �► R u shed (signaturV Received by (signature) Gt� Date 1 4 Time (� j J Rel nq utsh ecM y (s atura) Received by (signature) DatJ Time Relinquished by (signature) Received by (signature) Date Time Receipt Conditions (Lab U Only) ❑ 4+2'C ❑ Temp: °C Res. Chlorine bsent ❑ Present ❑ nla /Icid'pre§ei}i&A?4yXYes ❑ No❑ n/a Base preserv. >12? []Yes I] No 2" TRiT€ST Conference Drive, Raleigh, 27607 ph: Chain O f Custody ph: 834-4984 fax:(919) 834-6-6 497 NCWW Cert#67. NGDW Cen#37735 Report Results To: Bill To: Company: -A FS_ G f' N (Z- — ► Address: \P ` Cl; Salem C.' Attn: Phone(' Fax: Sampled by (signature): Tritest W.O.# Project Reference: to \3 - �'S Project Number: Purchase Order #: Standard Report Delivery Rush Report Delivery (wl surcharge) —Rush Praia= are subject to plot approval by the laboratory Requested Due Date: Sample Description xr. ,C G�n �. Start Date Start Time... End Date:.. End Tim,e_, Matrix Analyses' Requested w �m _ Truest A-1 M� - pati nor o9_ac� f-}r_s ao Sinl �e,co-[ C c> t+ �'o�+� +urb t Z �bLv�Sal �O9;3eS S IV03� NOS qs t 3 S eem J uloo,ko �� , a�a 5 5 am R , a-, . . \J R H wished by (signature) 0)1" �e "Ihm k � Received by (signature) - /"Yl I 'oq� Malfflaolm Date Time )-4,9�— Re inqujshed ( nature) Received by (signaturey DatJ Time Relinquished by (signature) Received by (signature) Date Time Receipt Conditions (Lab Use Only) L ❑ 4±2°C ❑ ��Temp: °C Res. Chlorine LdrAbsent ❑ Present Eln/a Acin?hhrv6?494 Yes ❑ No ❑ n/a Base preserv. >12? ❑ Yes ❑ No DATE: ;7U L TIME: 0o Ipm COUNTY: t -, e )COMPLAINT REPORT Division of Water Quality Winston-Salem Regional Office Did caller ask to remain anonymous? Yes No (If YES, skip to directions section) NAME OF CALLER: 1 ADDRESS: TELEPHONE: DIRECTIONS: _ 1-44 Auer X SOURCE OF POLLUTION: NATURE OF COMPLAINT REFERRED TO: I� `'U�P L�. ��Q �T w �� _LVkc)*-44✓> ACTION TAKEN: lY? S-Z-AV UQ.y (-7 A, AY) TTn oq A /I a U� RECEIVED BY: r111 147,fidi G� .,'e/7 ei,�71 C� y u 7�& I-,-aCvrdy %/'clC,4k 1C� 74 of xE iq Wi,/ ak2 y JZ%e ; recoildl ' O -e - /h 01a Yl�l X7 Ilk r..•✓ ;C lel h ill If ,SCE MYERS RV RESORT inty envhealth 336 751 6786 P.1 Located on US Hwy. 64 West P.O. Box 698 Mocksville, NC 27428 Jerry Bradley (Mgr.) VENIO FAX MEMO bail Bradley (Mgr.) Phone: (336) 492 7736 Jennifer Bradley (Office Mgr.) Fax-. (336) 492-2351 From: Environnrental Heal• [i Section Davic County Fleallh Deparhvent P.O. Box 548, 210 Hospital Street Mocksville, NC 27025 Fax Number: 336-751-873 6 Phone Number:/336-751--8'� 60 Date:_ ~� ; Cv -^Q _7 _ No. of pages To: J � r _k-- .: 3 Fax number:....._ - _ __ _ /. -�- a COMMENTS:��� Signed: L— D.C.E.H. SECTION CONFIDENTIALITY: THE INFORMATION CONTAINED TN THIS FACSIMILE %MESSAGE IS PRIVILEGED AND CONF. DENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE IN-DIV[DUAL OR ENTITY NArNIED ABOVE. IF THE READER OF THIS MESSAGE 1S NOT THE IN -TENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSLIMIN'AT'ION, DISTRIBUTION, OR COP'.'OF "HIS TELEFAX IS STRICTLY PROHIBITIED, IF YOU RECEINIF. THIS IN ERROR, PLEASF NOTIFY US ININ-tEDIATELY BY NIONE AT 336-751-5760. CV COMPLAINT FORM DAVIE COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SECTION Date Received Name of ComplainantM ! e,e. s Received By Address Telephonece S!['_� i Complaint ��I)Ll 5 2- t ?: j c _ �c c n n , n Ar -- _/,j 4-0 +At- k , 5 ,G `z2 � j C e.� cti.-� � c� � SAC �i D ti �+��_ �,�i�-- i wn ri 4 � .� �-► �� �- Person Responsible for Complaint Address Directions to Complaint +- wit k"— _ eet --k S ?, Telephone ` --77 3 4 Date Investigated Investigated By Complaint Justified Complaint Not Justified Action Taken LL= -32 I Q� Q QjL '!�A014, ti,31 ZleQQlt A 3n - VA & c.oD ,, c 2,fi" r.3 Date _. (DCH{) t /85) .... ..ciiiao i;tsaiih Stair Signature 3 `k- p OG� d Y WAT Sr7KE 01 Jay A2oCff5 or 6�-rt't-I c) dMoVUD -ram 11- J�sQ— S---('•rek6r -rV .MA.-u,�) �v rz. OC- Cop'f^o ABUT i % Vic_ &eq4 J CoII - Vt-S' ZlzEn) PNLX1 p)o pecbLz-,I S oko w/ �- '� CPOQx w&lgQ) f SAi!> rm J J t&4�eo C"- i r� SA--rt+ Jul 16 04 03:11p davie county envhealth 336 751 8786 p.1 FAX MEMO FAX MEN-10 From: Environmental health Section Davie County Health Department P.O. Box 848, 2I0 Hospital Street Mocksvillc, NC 27029 Fax Number: 336-751-S78E. Phone Number: 336-751-S7'.i0 " Date. No. of pages Fax number: COMMENTS: r FAX MEMO rti � GL C�• � f i a n,�� a ,4-r--5 � � � Signed I '- ` D.C.E.H, SECTION CONFIDENTIALITY: THE INFOIZzMATION CONTAINED IN THIS FACSIMILEMESSAGE IS PRIVILEGED AND CONFIDENTIAL INFOR-MATION INTENDED ONLY FOR THE USE OF'I HE INDIVIDUAL, OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIE`T,Y(:,U ARE HEREBY NOTIFIED THAT ANY DISSE•INI[NATION, DISTRIBUTION, OR COP). OF THIS TELEFAX IS STRICTLY PROHIDITIED, IF YOU RECEIVE THIS ]l ERROR, PLEASE' OTIFY US ININI EDIATEL)' BY PHONE AT 336-75I-S760. jul 16 04 O3:11F davie county envhealth 33G 751 8706 P•2 i Felniiucc'ti E, E COUNTY HEALTH DEP.�RTMEN'r C F:nvirunmentBl lleulth Sertirrlt PROPERTY INFORMATION I'.U. [lox Rot; Direcliuns to property! -SLR;!._ Mtx ksville, \'(' 27021 Suladivisiun Name, Phone 0:336-751-R76O •.,_ Luc, �E.. 1"yi12.�� Lot: 4,> i:"'AT}' 101 AUTHORIZATION FOR WAS'P`WATF,R 7;tx Office1'1,\;#_ _ f} SYSTENI CONSTRUCiIO ` l Y A[]THOR12A1'I0N NO: 2 3/r� 1 A R�.tad Name:. r U ' f u1i *, NOTE** Thi..s AuthoHzation fur Wastewal sr System Consinrc6on MUST Rf; ISSUED by the Davie Cuun(v Enviwmimrnial ] ieakh Section priur m isaianre nl'vity Buildine Penn',,- This should tv pretirnled to the Uaeie County Building ]nsI>Lrtinnt Office when applying !or Baiidin � Pennits. 0ncompliance Ailh rcle1.1of lia u r II)A,warteW4tcrSystem+,SecliLin. 9lHl Sewage TrettmenfnndOixpoQ1Syslemsl ***NO1'IC: ,*** THIS AUTHORIZATION FOR 1YASTEWATI?111 CONSTRUI'TION ��.A ' IS VALID FOR APERIOD OFFIVE! YFAFM FNVIRDhiME'N7A&iEA� IT6P�CIpLIST ,. • R,tTE 551pir� RESIDENTIAL SPECIFICATION: I]UILDING TYPE / BEDROOMS x BATHS w OCCUPANTS „_„GARBAGE DISPOSAL: Yes or No COMMERCIAL SPECIFICATION: FACILITY TYPI 111' #' PEOPLE Y PF,OPLEISIHF r N S£ATti INDUSTRIAI. LVASTE: Yea N^ 11 LOTSI7L TYPE WATER SUPPLY�q OESIGYWASTEWATERIPLOW(GPD) 215;p NEWSITE RFPAIRSITE..� .ir f SYSTEM SPECIFICATIONS: TANK 517.[:__'7AL. PUMP(T�AN�R F CAL TRENCH WIDTH I�'_ ROCK DEPTH i 71 LINEAR T]', �-.{J�—� - REQUIRED SITE MODIFICATIONS/CONDITIONS:_ I l IrYl r' 7GIt*S � uwU'S I j s-�`'Nr, , IMPROVF.MENTPERMIT LAYOUT I { ��I�: ZS I orj '"CONTACTARFXR11SF.NTATIVEOFTHE DAVIECOILJ fj14{�RTMLNTFORFiNAI.INSPECTIONOFTHISSYSTEM RET'WEBN s:10 -9:30 A.h1. OR I:00. 1:30 P.M.ON THE DAY OF INS" I'AI.LATION. TI;ISPHONE 0IS (336)75l 1060. OPERATION PERMIT SYSTEM INSTALLED BY: _ AUTHORIZATION NO.OPERATION PfiRMIT BY: �_ DATE: •'THE ISSUANCF.OF THIS OPERATION PERMIT SH,kLL INDICATE THAT THE SYSTEM DESCRIBED ABOVE IIAS BEEN INSTALLED IN COMPLIANCE W1TII ARTICLE I OF G.S. CHAPTER 130A. SECT'10 ` . ODD "SEWAGE AGE TREATM ENT AND DISPOSAL SYSTEMS", B UT S I IALL IN NO WAY BE TAKEN AS A OUARANTFE THAT THE SYSTEM WILL FUNCTION Y.ATISFACTORILY FOR ANY GIVEN PERIOD OF TIME. ' Rosebrock, Melissa From: Frankie Singleton [fsingleton@mocksville.com] Sent: Friday, July 02, 2010 3:33 PM To: Rosebrock, Melissa; Mickey, Mike Subject: Dwight Myers NOV-2010-33-0034 I wasn't sure who to send the correspondence to, so I sending to both of you and you can let me know who to work with in the future on Dwight. I met with Dwight this morning concerning the NOV letter. We looked at the site and Dwight relayed to me that he will probably fence out the stream. There is approximately 1500 feet of fencing (this includes both sides of the stream) that needs to be installed, I mentioned to Dwight the the fence needs to be placed 20 feet away from the top of the streambank. There is a culvert that is placed in the creek and the cows can use this as a crossing once the fence is installed. Dwight mentioned the cows do access to water from a waterer located at Fred Lanier Road and a surface'water pond on the US Hwy 64 side of the property. (This pond is surface water only and is not a perenial stream). We discussed two options for correcting the issue. One, was we can provide technical assistance when he installs the fence. We can inspect the fence and see if it adaquatly installed and then send him documentation to address the NOV. Second, we can provide technical assistance and possible funding through the NC Ag Cost Share Program if funds are available and his application was accepted. If he recieves cost share funding, we will help with the fencing, a stream crossing, and the watering facilities. Once the work is completed under the Cost Share program, we can send documentation to address the NOV. As far as a timeframe, Dwight and I discussed trying to have the work completed early fall (September -October). The reasoning is this: the land is leased to a cattle farmer in Rowan County and if would take a little while to work out the logistics of getting his equipment to the farm. Also, it would be a cooler time to install the necessary measures. Also, if he decides to participate in the Cost Share program, it will probably take that long to complete the fieldwork and paperwork since we cannot pay on work that has already been installed (we have to have a contract in place before work begins). I don't believe the cows will have to much of a negative effect on the stream until the measures are installed. I will be sending Dwight a letter with recommendations sometime next week, so he respond to the NOV in within the specified response time. REM JUL 19 2010 ftnstonaaiam Reglmear f f -- II r li it A r Davie Soil and Water Conservation District 180 SOUTH MAIN STREET • COUNTY OFFICE BUILDING, ROOM 313 MOCKSVILLE, NORTH CAROLINA 27028-2413 • TELEPHONE (336) 751-5011 • FAX (336) 751-1375 EMAIL: dswcd@mocksville.com July 7, 2010 Mr. Dwight Myers 2728 US Hwy 64 W Mocksville, NC 27028 Subject: Notice of Violation from Department of Environment & Natural Resources Division of Water Quality Thank you for taking the time to visit with on Friday, July 2, 2010. Please see below a summary of our visit. After arriving, you mentioned that Melissa Rosebrock, Environmental Specialist with the Division of Water Quality had made a visit previously. She mentioned fencing out of the stream to reduce the impact of fecal coliforrp and nutrient loading the downstream lake. We drove to the section of stream that she suggested fencing out. I agreed with Mrs. Rosebrock's assessment of fencing the cattle out of the stream. There is approximately 1500 feet of fencing that would need to installed (this includes fencing both sides of the stream). By fencing out of this portion of the stream this should reduce the impact of potential fecal coliform and nutrients to the lake. You mentioned your choice of fencing material is barbed wire. I recommend installing 3 to 4 strains of wire. The fence needs to be installed 20 feet from the top of the stream bank. You can increase this distance should you want to mow along the stream. The culvert pipe may continue to be used as a stream crossing but needs additional soil placed and compacted over the culvert. The fence will need to be place perpendicular to the culvert as to prevent the cattle from gaining access the stream. The fence will need to be installed as soon as possible to lessen any other impacts to the stream and downstream lake. It is my understanding that the farm is leased to an individual who oversees the cattle operation. This will make the timeframe of installation a bit lengthy because of the logistics of getting equipment and personnel scheduled installing the fence. However, I would anticipate installation to be complete by end of September, 2010. Once the fence is installed, please contact me so I can make another site visit to inspect the fence. We also discussed the North Carolina Agricultural Cost Share Program which may provide financial, assistance to install the fencing. After discussing the cost share program and considering the__., requirements, you decided to install the fence at your own cost. Please give us a call with any other questions or comments. Sincerely, Frankie Singleton SOIL & WATE R CONSERVATION Davie Soil and Water Conservation District 180 SOUTH MAIN STREET - COUNTY OFFICE BUILDING, ROOM 313 MOCKSVILLE, NORTH CAROLINA 27028-2413 - TELEPHONE (336) 751-5011 - FAX (336) 751-1375 EMAIL: dswcd@mocksville.com July 7, 2010 Mr. Dwight Myers 2728 US Hwy 64 W Mocksville, NC 27028 Subject: Notice of Violation from Department of Environment & Natural Resources Division of Water Quality Thank you for taking the time to visit with on Friday, July 2, 2010, Please see below a summary of our visit. After arriving, you mentioned that Melissa Rosebrock, Environmental Specialist with the Division of Water Quality had made a visit previously. She mentioned fencing out of the stream to reduce the impact of fecal coliforrp and nutrient loading the downstream lake. We drove to the section of stream that she suggested fencing out. I agreed with Mrs. Rosebrock's assessment of fencing the cattle out of the stream. There is approximately 1500 feet of fencing that would need to installed (this includes fencing both sides of the stream). By fencing out of this portion of the stream this should reduce the impact of potential fecal coliform and nutrients to the lake. You mentioned your choice of fencing material is barbed wire. I recommend installing 3 to 4 strains of wire. The fence needs to be installed 20 feet from the top of the stream bank. You can increase this distance should you want to mow along the stream. The culvert pipe may continue to be used as a stream crossing but needs additional soil placed and compacted over the culvert. The fence will need to be place perpendicular to the culvert as to prevent the cattle from gaining access the stream. The fence will need to be installed as soon as possible to lessen any other impacts to the stream and downstream lake. It is my understanding that the farm is leased to an individual who oversees the cattle operation. This will make the timeframe of installation a bit lengthy because of the logistics of getting equipment and personnel scheduled installing the fence. However, I would anticipate installation to be complete by end of September, 2010. Once the fence is installed, please contact me so I can make another site visit to inspect the fence. We also discussed the North Carolina Agricultural Cost Share Program which may provide financial. assistance to install the fencing. After discussing the cost share program and considering the, requirements, you decided to install the fence at your own cost. Please give us a call with any other questions or comments. Sincerely, Franki, a Singleton SOIL & WATER CONSERVATION