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Home My WebLink About410031_CORRESPONDENCE_201712310 • N Laboratory,2ecdon Wesutts County: GUILFORD Sample ID: AB45509 River Basin CPF _ (}F Vj 8 r �G PO Number # 9W5090 06111f2009 Report To WSROSP O� Date Received: Collector. M ROSEBROCK VED of ENR '� r G Y Time Received: 08:30 Labworks LoginlD SMATHIS Region: WSRO 2609 FOffic Date Reported; 6125109 Sample Matra: Surfacewater Lac. Type: RIVERISTREAM Salem I Report Generated: D612512009 Emergency Yes[No e COC Yes/No VisitlD Loc, t7esu,; UPSTREAM VANG Location ID: 4CO41UPSTREAMVANG Collect Date: 0611012009 1 Collect Time_- 13:05 I Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated B2- Counts from all filters were zero. N E-No established PQL B3- Countable membranes with more than 60 or BO colonies; Estimated P-Elevated PQL due to matrix interference and/or sample dilution 64-Filters have counts of both >60 or 80 and < 20; Estimated 01-Holding time exceeded prior to receipt at lab. BS-Too many colonies were present; too numerous to count (TNTC) Q2- Holding time exceeded following receipt by lab J2- Reported value failed tomeet QC criteria for either precision or accuracy; Estimated PQL- Practical Quantitation Limit -subject to change due to instrument sensitivity J3The sample matrix interfered with the ability to make any accurate determination; Estimated U- Samples analyzed for this compound but not detected Xi- Sample not analyzed for this compound J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated NI -The component has been tentatively identified based on mass spectral library search and has an estimated value LAB Laboratory Section— 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 1 of 2 NC DWQ Laboratory Section results Sample ID AB45509 Locatk^ ID: � 4C041UPSTREAMVANG • Collect Date: 0611012009 I Loc. Descr.: UPSTREAM VANG Collect Time:: 13:05 LViSit ID CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By !Date Sample temperature at receipt by tab 1.9 'C HPARKER SMATHIS Method Reference 6111109 6111109 MIC BOD. 5-Day In Nuld 2.0 2 U M91L ADESAI CGREEN Mattlod Reference APHAS210B 6r1lms 61.24A9 NUT NH3 as N In liquid 0.02 0.02 U mg1L as N MAJAYI CGREEN Method Reference Lac10.107-O6-1-1 V121M 6116109 Total K)eldahl N as N In 0quld 0 023 myL as N MOVERMAN CGREEN i —0 1 Method Reference Lachatl0-C6-2-H 1 S 0 6118M 6124M NO2+NO3 as N In 6quld ' 0.02 0.44 mg1L as N MAJAYI CGREEN • Method Reference LaciO-107-04-1c q 14,h I 6112M9 6116M Phosphorus_total as P In liquid 002 0.06 mg/L as P GSELK CGREEN Method Reference Lac10-11"1-1EF � *?, 1 6116109 6116109 r Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 r 0ou q06, DIVISION OF WATER QUALITY AJ � l _ 1 K Chemistry Laboratory Report! Water Quality - 11 SAMPLE TYPE COUNTY(�U� RIVER BASIN: �'r^+ PRIORITY ❑ AMBIENT 0 QA STREAM El EFFLUENT REPORT TO W 2 Regional Office COMPLIANCE CHAIN OF CUSTODY LAKE El INFLUENT Other COLLECTORMF-S) +EMERGENCY �r�(�L� VISITESTUARY I a Esti—ted ROD Range: Station Lo,cadam U V ao 1j Seed: Chlorinated: Remarks: . Code' ff�� ` DateBegia(yy/mmidd) Date End {,rylmmldd) S Time Begin Time End Depth - Dot, Du, DB%1 Value Type - A, H, L lJ v o o 3 BOD 310 mglL COD High 340 majL COD L- -335 mg/L Coliform: MF Feca131616 Aooml Coliform: MF Total31504 /lo0ml Coliform: tube Fecal 31615 1100ml Coliform- Fecal Strep 31673 1100ml Residue: Total 500 mg/L Volatile 505 mg/L Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg/L Fixed 540 rrrg/L. PH 403 units Acidity to pH 4.5 436 mg/L Acidity to pH 8.3 435 rnglL Alkalinity m pH 8-3 415 mg/L. Alkalin:ty to pH 4,5 410 mg/L TUC 680 mg(L Turbidity 76 NTU Coliform Total Tube 1100 ml COMMENTS Chloride 940 mg1L Chloronhyll a EPA 445.0 modified option ug/L Coloc: True 80 Cu. C010r: (pH) 83 pH- c.u. Color: pH 7.6 82 c.v. Cyanide 720 mglL F1.0ridc 951 mg/L. Formaldehyde 718EO mg/L Grease and Oils 556 mglL Hafdncss Total 900 mVI- Specific Cond. 95 umhoslcm MBAS 38760 - mg/L. Phenols 32730 L:gtL, Sulfate 945 mg/L Sulfide 745 mg/L Boron Tannin & Lignin g/L Hexava!em Chromium ug/L Bicarbonate mg/L Carbonate mg/L Total Dissolved Solids mafL NH3 as N 610 mg2 TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L.. K-Potassium mg/L. Cd-Cadmium 1027 ug/L. Cr-Chromium Total 1034 ug(L Cu- Copper 1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ug/L Zn- Zinc 1092 02/1, V-Vanadium ug/L Ag- Silver 1077 vYL AI- Aluminum 1105 vg/L Be- Beryllium 1012 uglL Ca- Calcium 916 -91L Co- Cobalt 1037 uglL. Fe- iron 1045 ug/L MD-Molybdenun u2IL. Sb-Antimony ug/L Sn Tin u91L TI-Thallium ug/L Ti-T-tanium ug/L Hg4631 ng/L Leb Num er : / Date Received Time Received Received By Data Released : Date Reported: Composite-T, S, B I Sample Type Li-Lahium 1132 ug/L Mg- Magnesium 927 mg/L Mn-Man ese 1055 -s/L Na- Sodium 929 mg/L Arsertie:Total 1002 ug/L. Se Seieaium 1147 ug/L Hg- Mercury 71900 ug/L Ba-Barium ug/L Organorhlarine Pesticides Organophosphorus Pesticides Orgartanitrogen Pesticides Acid Herbicides BaseJNeutralBAcid Extractable Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPL-UBTEX Gasoline Range Phytoplanktnn Temperature on arrival (°C). [ 0 • County: GUILFORD Sample ID: AB45510 River Basin CPF VlAIT, ��Q PO Number 0 9W5691 WSROSP �0 G 0611112009 Report To �O Date Received: RECEIVED r Time Received: 08:30 Collector. M ROSEBROCK N.G. Dept of ENR Y Labworks LoginlD SMATHIS Region: WSRO JUL 0 6 2M9 Date Reported: 6125109 Sample Matrix: Surfacewater Loc. Type: RIVERISTREAM Winston-Salem � Report Generated: 0612WO09 Emergency Yes/No Regional Office VisitlD COC Yes/No YES^ , �Dq Lot, Descr.: YANG TRIBUTARY Location ID: 4C041VANGTRIBUTARY Collect Date: 0611012009 Collect Time:: 13:25 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < pqL and >MDL B1-Countable membranes with <20 colonies; Estimated - B2- Counts from all filters were zero. NE -No established PQL P-Elevated POL due to matrix interference and/or sample dilution B3- Countable membranes with more than 64 or 80 colonies; Estimated B4-Filters have counts of both >60 or 80 and < 20; Estimated 01-Holding time exceeded prior to receipt at lab. Q2- Holding time exceeded following receipt by lab B5-Too many colonies were present too numerous to count (TNTC) pL1L- Practical Quaniitation Limit -subject to change due to instrument sensitivity J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated t!- Samples analyzed for this compound but not detected J3-The sample matrix interfered with the ability to make any accurate determination; Estimated J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated X1- Sample not analyzed for this compound Ni-The component has been tentatively identified based on mass spectral library search and has an estimated value LAB Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 Page 1 of 2 NC (I)WQ Laboratory Section Results Sample 10 AB45510 Located ID: 4CO41VANGTFUBUTARY Collect Date: 06/10I2009 roc. Descr.: YANG TRIBUTARY Collect Time:: 13.25 Visit ID CAS >x Anatyte Name FQL Result Qualifier Units AnalysVDate Approved By /Date Sample lanipperaGua at MC94 t by lab - 1.9 'C HPARKER SMATI-IIS Method Reference 6J1i709 6111/09 MIC BOD, 5-4)ay In liquid 2.0 52 MOIL ADESAI CGREEN Method Reference APHA52108 6111109 6124M9 NUT el, NH13 as N in 0gtdd 0.02 3.7 rb mQ& as N MAJAYI CGREEN Method Reference Lec10-107-06-1-J 6A2M9 6/16/09 Total Neldahl N 83 N In liquid Larhat107-06-2-H . 02 4.8 2, MOIL as N MOVERMAN 6718109 CGREEN 6/24A9 Method Reference N024-NO3 as N In liquid 0,02 0.02 U MOIL as N MAJAYI CGREEN Method Reference LBOG-107-W-1-c — t 6/12109 U16/09 Phw4ftnxs_t3tal as P In liquid 0.02 0.84 mg/L as P GBELK CGREEN Method Reference Ler:10-115-D1.1EF 6116/09 6/16/D9 • Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 • 0 COUNTY _ (2>V,A#Or RIVER BASIN REPORT TO W'� P, C) Re,onal0$ce Other : COLLECTORS): Estimated BOD Range: DIVISION OF WATER QUALfrY Chemistry Laboratory Report/ Water Quality SAMPLE TYPE PR)ORITY �, AMBENT QA 1 6REAQM EFPI, EN—r ❑ COMPLIANCE CHAIN OF CUSTODY '�❑'SLAKE WFLUETFT El EMERGENCY VISIT FD ESTUARY Station Location: VOL�f l bUTI:x r" -Ij_ t r-C 551D Date Received (B - Il ' a Time Received: QO d Received By . 3 If Data Released Date Reported Seed: Chlorinated: Remarks: { V Stptica k(L.oc}tiun Code _ Date Begin (yylmm/dd) I Date End (yyMVkddd) I Time Begin, I Time End I Depth - D&L DE, DBM Value Type - A, H, L Composite-T, S, B BOD 310 r*L COD High 340 mglL COD Low 335 -81 CDlifotm: MF Fein 31616 /100m1 Coliform', MF Total 315D4 /100ad Coliform: tube Fecal 31615 /100m1 Colifo - Foal Strop 31673 1100ml Residua: Total 500 mg/L Volatile 505 np/L Fixed 510 MWL Residue: Suspended 53D MYL Volatile 535 OWL Foeed 540 OTIL pH403 units Acidity to pH 4.5 436 rwL Acidity to pH 9.3 435 rr*jL Alkalinity to pH 9.3 415 mot Alkalinity to pH 4.5 410 MIX TOC 680 mVIL. Turbidity 76 NN Coliform Total Tube / 100 ml Chloride 940 nWL Chlorophyll a EPA 445.0 modified option uWL Color- True 80 C.U. Color -(pH) 83 pw- C.U. Color. pH 7.6 82 c.u- Cyanide 72D -wL Fluoride 9$1 nolL Formaldehyde 7198D mwL Crease and Oils 556 -WL. Hardness Total 900 ntg/L Specific Cond. 95 umhoslcm MBAS 39260 m@rL Phenols 32730 uwL. Sulfate 945 WX Sulfide 745 -wL Baron Tannin do Liglmn uA HemValent Chromium U91L Bicarbonate n%(L. Carbonate m@rL Total Dissolved Solids UIWL. NH3 as N 610 MWL TKN an N 625 r*L NO2 plus NO3 as N 630 -,PrL P: Total as P 665 MOIL PO4 as P 70507 m�L. P: Dissolved as P 666 K-Potassium n*(L Cd-Cadrni 1027 usIL. C,-Ch m ure:Total 1034 ug(L Co- Capper 1042 u8/L N-Nckel 1067 ugJL Pb- Lead 1051 ug/L Zr, Zmc 1 D92 ug/L. V-Vanadium uEVL Ag- Silver 1077 upfl_ AI- Aluminum It 05 ugf L Be- Beryllium 1012 ug/L Ca- Calcium 916 -wL Co- Cobalt 1037 ug/L. Fe-Lron 1045 ugjL Mo-Molybdenum 4L. Sb-Antimony ug/L. Sn Tin ug/L Tl-Thallium ua)L Ti-Trtanium uWL HS-1631 ng/L Li -Lithium 1132 uWL Mg, Magnesium 927 nuJL Mn-Manganese 1055 ug/L Na- Sodium 929 -9(L ArscnicTotal 1002 ug/L. Se- Selenium 1147 upjL HS• Mercury 71900 ug/L Ba-Barium awl. Orgmochlorine Pesticides Organophosphorus Pesticides Organonitrogen Pesticides Acid Herbicides Base/NeutralS Acid Extractable Orgpniea TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPWBTEX Gasoline Range Phytoplankton Temperature on arrival ('C): 119 RESEARCh ANA[yTICAI `` '•• • • q4,' %% ;'Z� � S � LZORATORIES, INC. �z NC4 1. I Analytical/Process Consultations f �'�.,;+F+ED ANC;.•` NC DENR DWQ Date Sample Collected : 06/10/09 685 Waughtown Street Date Sample Received : 06/10/09 Winston-Salem, NC 27107 Date Sample Analyzed : 06/10/09 Attn: Melissa Rosebrock Date of Report : 06/17/09 Analyses Performed by : AA Lab Sample Number -------------------- 647899 Parameter Storet # Results Fec Coli-MF (31616) 2 col/100 ml -------------------- Clients Sample Source UPSTREAM VANG #1 Number Time Collected (Hrs) 1305 P.O. Sox 473 • 106 Short Street + Kernersville, North Carolina 27284. 336-996-2841 • Fax 336-996-0326 www.randalabs.com • ��AIgAtrT •o. RESEARChl ANAlyTICAi LZORATORIES, INC. NC #34 zc Analytical/Process Consultations ; NC DENR DWQ Date Sample Collected : 06/10/09 685 Waughtown Street Date Sample Received : 06/10/09 Winston-Salem, NC 27107 Date Sample Analyzed : 06/10/09 Attn: Melissa Rosebrock Date of Report : 06/17/09 Analyses Performed by : AA Lab Sample Humber -------------------- 647900 Parameter Storet # Results Fec Coli-MF (31616) 1,060 col/100 ml -------------------- Clients Sample Source VANG TRIBUTARY #2 Number Time Collected (Hrs) 1325 P.O. Sox 473 106 Short Street • Kernersville, North Carolina 27284 • 336-996-2841 • Fax 336-996-0326 www.randelabs.com Division of Water Quality 585 Waughtown St. Winston-Salem, NC 27107 Attention: Melissa Rosebrock Posy Qffice Box 473 "1 272847 June 2009 TERMS: NET 30 "PAST DUE INVOICES ACCRUE INTEREST AT 1 Y: % INTEREST PER MONTH UNTIL PAID SHOULD COLLECTION 9E REQUIRED, CUSTOMER AGREES TO PAY � �TI� ALL EXPENSES INCURRED INCLUDING ATTORNEY'S FEES" LAbowcq 1 1w- RE: INVOICE NO. 105 Phone: 33$/996-2841 7 3 RESEARCh & ANAlyriCAI LAbORATORIES, INC.�a Analytical 1 Process Consultations Phone 1336) 996-2841 . 3�0 CHAIN OF CUSTODY RECORD I WATER 1 WASTEWATER i MISC. I CO ANY - Z3Lock JOB NO. rei r4 u o _ �� s2 � v my�y y0•y1 O� \Qm Zp y0` J s0� per,. - M1hyy. a2 � O} � �" p� mm � � m a 0 Q a c` c� Q. REQUESTED ANALYSIS STREET ADDRESS 5 � PROJECT \l A tv CITY, STATE, ZIP VL} i S oF) r [-- _RZ to SAMPLER NAME (RINT) Yle 6140.n1) re Lk - C{O�(N�TDACT�t� PHONE SAMPLER SIrKATLI SAMPLE NUMBER (LAB USE ONLY) DATE TWEE i GRAB TEMPRE5 •C a K�o naro MAM ,saw SAMPLE LOCATIONILD. 739 v�rr Q �� col" orm 900 11101-T t Lq. V�L f\Nc-j f- uias LLAu— RELINQUISHED BY D�M l RECEIVED BY h5 ` �% f' EMARKS: d i n c c1 wi�•r eo,trr1 T)O U14r u 0 i n 3*('e. a. SAMPLE TEMPERATE AT RECEIPT i °c > ti% M [, RE NQUISHED BY DATEMME RECEIVEIVY EIVEt7 Report to: S �L-0 WATER QUALITY SECTI N jpt of FNR age _L of—L CHAIN OF CUSTODY (COC) RE RDJUN 17 Winsto-2W9 NC DENRIDWQ LABORATORY (check one): XCENTRAL [ ] ARO [ I WaRO Regional,, For Investigation of: / /� U C7 y-A �O 41 Sample collector (print name) and DM-i forms completed by: $ G, e ample 1lector's signature; Field storage conditions and location (when applicable): Un kce lr\ " IL Lab Use Only LAB NO. STATION NO. STATION LOCATION DATE SAMPLED TIME SAMPLED NUMBER OF CONTAINERS an a 2— 1D 4 Ve iLn T 102- D o 0 1,gaS, Z q cd by (si a e); Date Time Re g by (' }: ate Time a Re 'nqui ed by (si ature : Date Time Receiv by (signat e): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shipment (circle one): =C.Uli.,Hand-delivered Federal Express UPS Other: Security Type and Con 'tions: Sealed by: t r, B en by: 9j" INTRALABORAT RY CHAIN OF CUSTODY - Lab Use Only LAB NUMBERS FROM THROUGH NUMBER BOTTLES ANALYSES REQUESTED REL QUISHED BY: RECEIVED BY:. DATE TIME' 4 (� Cj - l ✓ i� 2— f 0 "so n 0 if cn Q -1 : Ulm �.:._5o QMFormslSample ReceivinglCOC farm WQ 4/10/01 dbs RESEARCh & ANA[yTICA[ LABORATORIES, INC. 400 Analytical / Process Consultations ��L ..�--{ Phone (336) 996-2841 . 33a CHAIN OF CUSTODY RECORD WATER ! WASTEWATER MISC. Ow Wq�i ' • • REQUESTED ANALYSIS .r•PROJECT SAMPLER NAME y CONTACT VHONE - ��r■r■�■ ■rrr■■■■■■■■ ■■■ 1 ��r�rr�r ■■■■■■■■■r�s rrr ��■■■■■■ rrrr■■■rrrr■ ■■■ ��rrrrrr ■■�r�r�r■■■■ ■■■ ��■�■fir ■■■■■�■■■�■■ ■■■ ��■�� rrr■■■■■■r■■rrr ��rr�r ■■rrrr■■r■r■ ■■■ ��■■■■� ■■■■■■■■■■■■ ■■■ ��rrr■■� rrrr■tit■■■■ rrr r■r�rrrr■■ ■■■■■■■■■■■■ ■■■ ■�■�r�rr■r ■■■mr■■■■■■■rrm RELINQUISHED BY 1... RECEIVED BY r EMARKS: • M • .: 0 rl 1: 0 • Water Quality Monitoring Field Meter Calibratlon Sheet Meter Model: Meter! Sonde Serial No: Date lmmldd Time 24hr hh:mm Initials Pre -Sampling Calibration d PoSt-Sarnpling Check Miscellaneous (Does not apply to YSI 85 or Accumet Meters) B Lev 4 Stirrer Working? Pre -Sampling Calibration Y 1 N Post -Sampling Check Y 1 N Battery Ranges - Surveyor: internal- 7.2-7.5V, external- 11-13V; Quanta: 4.0-4.5V Dissolved Oxvsaen (ni Temp. °C Initial % Saturation Barometric Pressure (mmHg) Altitude (ft.) D.O. Table Value Initial Meter Reading (mg1L) Calibrated Meter Reading (ngrl) Calibrated % Saturation Pre -Sampling Calibration 23 S —r O O ca . 19. 01? to PostSampEing Check 5- -f f �— . Withintt].5. N Specific Conductance (NS/cm at 25°C) Lot III: Lot#: Dry Air" Conductivity Standard 3 Calibration Check Zero (0) Value: S4 O Value: Initial Meter Calibrated 4 Initial Meter Calibrated 4 Initial Meter Reading Meter Reading Reading Meter Reading Reading Pre Sampling Calibration,_100 Post -Sampling Check W it 10% .10,ODD Y N Y N Y N `16 pOD NOTE: Quanta reads in mSlcm; move ecimal 3 places right for NSlcm. :.58,670 1 Dry Air CALIBRATIONS are conducted for 4a end MSS Hydrolabs only. ] Dry Air CHECKS (confirmation of zero in dry air) are conducted for YSI 85, YSI 6920, & Quanta meters. Conductivity standards are used to CHECK the YSI 85 meter and to CALIBRATE all Hydrolab meters and the YSI 6920 4 Does not apply to Dry Air CHECKS or Conductivity Standard CHECKS (leave blank) 402 pH (SU) Lot#: Lot Buffer #1 #2 Confirmation 7.0 Wer 4, 10.0 Q � 50 Slope Buffer 7,o Buffer Temp: Buffer Temp: ! Efficiency' Initial Maier Calibrated Meter Initial Meter I Calibrated Meter Meter Reading Reading Reading Reading Reading Pre -Sampling Calibration , t7 O do 3 Post -Sampling Check I D ........................... VVItA t N o.17 Y .•Ally..(,.. •. wit • 0.2 Y N Y! a Slope efficiency applies to Accumat meters only (does not apply to Hydrolab or YSI meters), Comments: 7.00 s Keep original on lie for 5 years Ver. 05116121107 MEMORY TRANSMISSICWEPORT FILE NO. 762 DATE 07,08 14:09 TO 896416971 DOCUMENT PAGES 6 START TIME 07.08 14:09 END TIME 07.08 14:12 PAGES SENT 6 STATUS OK *** SUCCESSFUL TX NOTICE • TIME :07-08-'09 14:12 FAX NO.1 :3367714633 NAME :DENR 3367714633 *** North Carolina Department of Environment and Natural Resources Beverly Eaves Purdue, Governor {lee Freeman, Secretary FAX-rRANSM1=^1- SHEET TO: {'S �� C T•4.� _. FROM_/ COMPANY:' ram alC �, PAGES: fo (Including cover sheet) Ia• Lori '7 1 .-_-r---....-----...., F!\X NLJMSER: 34- Cv� ! ! — C7ATE `% R F_: 0 Urgartt D For Review 0-Information 0 P1eaS4p Reply t7 Per Your FZequest COMMENTS: No V/ Na 7- Pee, c) l f5 0nC 585 Waughtown Streot, Winston-Snlem, North Carolina 27167-2241 N U-Icaroliiza Phone: 336-77i-5000 l FAX: 336-771-4631 t Internet: www.enr.state.nc.us1ENR1 1(z4w a11,1 .n F. —, rfhpnn..nny 1 DO % Rucyc t 10'* Pgsl Consumer r'xpC. Dear Touger Vang, A civil penalty was assessed against Touger Yang Farm on 12/17/2009, by North Carolina Department of Environment, and Natural Resources, Division of Water Quality, Animal Operations Se on: The penalty became due and owing on 1/28/201'0, in the currerit amount of Four Thousand Eleven Dollars and.Seventy Six Cents ($4011.76), which'includes investigative costs of $755.88 and interest of $0. As of,* date of this. letter, no payment has been received '' E E a in order to resolve this Matter; the penalty' m be,paid. Payment'should be made by'check or`' Money order made payable to the North Carolina Department of Envlroni Tent aria Natural Resources ' or "NCDENR",, and sent to my attention at the address below: Failure to submit full payment of the penalty within thirty (30) days of receipt of this letter will'result in interest being charged from the date the penalty, became clue and owing, and may result in the matter being referred to the North Carolina ' Attorney General's Office for f irther,action. . Should you have questions or Believe you have received this letter in error, please contact me. ` ,at (919) 715-0697; or via e-mail at Craig.Caudill@ncdenr.gov. Your prompt attention to this matter is app„rediated{{{{ . Business Officer - Collections Unit M Keith Larick, ' N.C. Depamnent of E iviroaunent and Natural itesouwes ; Office of the Controller - Colk-dions Unit ' 1606 NW Service Center Raleigh, NC 27699-1606; 1 Plione: (919) 715-0697 F . (919Y 715-0166 Fim-v,h' Crag.Caudill.@ncde4,-nv 1 We: Na fC�aytol�na 'An &Iual opwnwii y/Alrum ii%r-Actiw3 nijployex �tfLL �41 Beverly laves Perdue Governor A��xh NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H, Sullins Director June 30, 2010 CERTIFIED MAIL 7002 2410 0003 0273 8735 RETURN RECEIPT REQUESTED Mr. Touger Vang 1400 Kellenberger Drive Greensboro, North Carolina 27406 Dear Touger Vang: RECEIVED N.C. rapt of ENR JUL 0 12010 Winston-Salem Regional Oiflae Subject: Request for Payment of Civil Penalty DV-2009-0025 Guilford County Dee Freeman Secretary On Decembe 23, 2009, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against you in the amount of $3,255.88, including $755.88 in investigative costs, for making an outlet to the waters of the State without a permit and for violation of 15A NCAC 02B .0211 (3) (b) for dissolved oxygen. If any civil penalty has not been paid within 30 days after the final agency decision has been served on the violator, North Carolina General Statue 143-215.6A(g) allows the Secretary of the Department of Environment, and Natural Resources to request the Attorney General to institute a civil action in Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. The Division has the certified mail green card that shows you received the Final Agency Decision on April 12, 2010. This letter serves as final notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless payment of this civil penalty is received within 10 days of your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the courts. Should you have any questions, please contact J. R. Joshi at (919) 715-6698 or Keith Larick at (919) 715-6697. Sincerely, Cam_ J. R. Joshi Animal Feeding Operations Unit cc: Sherri Knight, Winston-Salem Regional Office File 4 DV-2009-0025 AQUIFER PROTECTION SECTION One 1636 Mail Service Center, Raleigh, Noah Carolina 27699-1636 NorthCarolina Phone:: 9-73 Capital Boulevard, Ralegh, North Carolina 715-6 �aturalil� Phone: 919-733-3221 1 FAX 1: 919-715-0585; FAX 2: 919-715�&Q481 Customer Service: 1$77-623-6748 Internet: www.nmatemuarlhr.org An Equal Opportunity 1 AifirmaWe Action Employer fi fYXWA ...,..Mr NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director RECEIVED N.C. Dept. of ENR April l , 2010 CERTIFIED MAIL Wlnston•5alem RETURN RECEIPT REQUESTED Regtonal4filce Mr. Touger Vang 1400 Kellenberger Drive Greensboro, North Carolina 27406 Subject: Request for Remission of Civil Penalty Mr. Touger Vang DV-2009-0025 Guilford County Dear Touger Vang: Dee Freeman Secretary You have requested a schedule for making partial payments toward the $3,255.88 civil penalty that was assessed by the Division of Water Quality (DWQ) on December 17, 2009. The Division is agreeable to a monthly payment schedule beginning on May 1, 2010 and continuing to April 1, 2012. There are twenty three (23) payments of One Hundred Thirty Five and 66/100 (S135.66) and one final payment of One Hundred Thirty Five and 70/100 (S135.70) to be made once every month as indicated on the attached schedule. Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1 st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. Mail your payments to the address shown on the next page to make sure that they are properly recorded: J: R. Joshi NCDENR-DWQ Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 AQUIFER PROTECTiON SECTION 1636 Mall Service Center, Raleigh, North Carolina 27699-1636 Location. 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733.3221 1 FAX 1: 919-715-0588; FAX 2: 919-715.60481 Customer Service; 1-877-623-6748 .Internet: www.navateraualitv.org One Nc7rthCarohna Naturally An Equal Opportunity 1 Affirmalive Action Employer f Mr. Touger Vang April 1, 2010 Page 2 If you have any questions, please call J. R. Joshi at (919) 715-66698, Sincerely, for Coleen H. Sullins Attachments cc: Sheer i' .ni lit—Winston-Salem-,Regional_APS_Supervisor-w/-attachments File # DV-2009-0025 w/ attachments APS Central Files w/ attachments r CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE Touger Vang CASE # DV-2009-0025 On December 17, 2009, the Division of Water Quality (DWQ) issued a civil penalty assessment in the amount of $3,255.88, including $755.88 in investigative costs, against Mr. Touger Vang for various water quality violations. In order to resolve this matter, DWQ and Mr. Touger Vang have agreed to enter into a payment schedule. Mr. Touger Vang agrees to pay the civil assessment of $3,255.88 according to the schedule below as full settlement of Case No. DV-2009-0025. Mr. Touger Vang understands that any default in payment or failure to submit payment by the day of the month in which_payment is due will result in the immediate referral of this case to the Attorney General's Office for collection through the courts. Mr. Vang also aelmowledges that DWQ reserves the right to take enforcement action for future violations within its authority should they occur. PAYMENT AMOUNT DATE DUE $ 135.66 5/1/2010 $ 135.66 6/ l /2010 $ 135.66 7/1/2010 $ 135.66 8/1/2010 $ 135.66 9/1/2010 $ 135.66 10/1/2010 $ 135.66 11/1/2010 $ 135.66 12/1/2010 $ 135.66 1/1/2011 ;$ 135.66 2/1/2011 $ 135.66 3/1/2011 $ 135.66 4/1/2011 $ 135.66 5/1/2011 $ 135.66 6/ 1 /2011 $ 135.66 7/ 1 /2011 $ 135.66 8/1/2011 $ 135.66 9/1/2011 $ 135.66 10/1/2011 $ 135.66 11/1/2011 $ 135.66 12/1/2011 $ 135.66 1/1/2012 $ 135.66 2/1/2012 $ 135.66 3/l /2012 $ 135.70 4/1/2012 $ 3,255.88 TOTAL DATE PAID r Payments should be by check payable to "NCDENR" and should be mailed to: J. R. Joshi NCDENR-DWQ Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 1►►.\uIO or Colecn H. Sullins Director, Division of Water Quality Date Date .,� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 1, 2610 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Touger Vang 1400 Kellenberger Drive Greensboro, North Carolina 27406 Dear Touger Vang: Dee Freeman Secretary Subject: Request for Remission of Civil Penalty Mr. Touger Vang DV-2009-0025 Guilford County You have requested a schedule for making partial payments toward the S3,255.88 civil penalty that was assessed by the Division of Water Quality (DWQ) on December 17, 2009. The Division is agreeable to a monthly payment schedule beginning on May 1, 2010 and continuing to April 1, 2012. There are twenty three (23) payments of One Hundred Thirty Five and 66/100 (S 135.66) and one final payment of One Hundred Thirty Five and 70/100 ($135.70) to be made once every month as indicated on the attached schedule. Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environment and Natural Resources and mail them so they are received by the 1 st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. Mail your payments to the address shown on the next page to make sure that they are properly recorded: J. R. Joshi NCDENR-DWQ Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-32211 FAX 1: 919-715-0588; FAX 2: 919-715 60481 Customer Service: 1-877-623-6748 Internet www rtcwatergualitv.org oprt NhCarolina ,Naturally An Equal Opportunity t Affirmarive Action Employer Mr. Touger Vang April 1, 2010 Page 2 If you have any questions, please call J. R. Joshi at (919) 715-66698. Sincerely, ��a. for Coleen H. Sullins Attachments cc: tSher `Kriiglit`Viris -Salem Regional APS Supervisor w/ attachments File # DV-2009-0025 w/ attachments APS Central Files w/ attachments RECEIVED WC. WC. Dent. of FNR I APR 4 5 2010 Winston-Salem • ' CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE Touger Vang CASE # DV-2009-0025 On December 17, 2009, the Division of Water Quality (DWQ) issued a civil penalty assessment in the amount of $3,255.88, including $755.88 in investigative costs, against Mr. Touger Vang for various water quality violations. In order to resolve this matter, DWQ and Mr. Touger Vang have agreed to enter into a payment schedule. Mr. Touger Vang agrees to pay the civil assessment of $3,255.88 according to the schedule below as full settlement of Case No. DV-2009-0025. Mr. Touger Vang understands that any default in payment or failure to submit payment by the day of the month in which payment is due will result in the immediate referral of this case to the Attorney General's Office for collection through the courts. Mr. Vang also acknowledges that DWQ reserves the right to take enforcement action for future violations within its authority should they occur. PAYMENT AMOUNT DATE DUE DATE PAID $ 135.66 5/1/2010 $ 135.66 6/1/2010 $ 135.66 7/1/2010 $ 135.66 r 8/1/2010 $ 135.66 9/1/2010 $ 135.66 10/1/2010 $ 135.66 11/1/2010 $ 135.66 12/1/2010 $ 135.66 1/1/2011 $ 135.66 2/1/2011 $ 135.66 3/1/2011 $ 135.66 4/1/2011 $ 135.66 5/1/2011 $ 135.66 6/1/2011 $ 135.66 7/1/2011 $ 135.66 8/1/2011 $ 135.66 9/1/2011 S 135.66 10/1/2011 $ 135.66 ll/l/2011 $ - 135.66 12/1/2011 $ 135.66 1/1/2012 $ 135.66 2/1 /20I 2 $ 135.66 3/1/2012 $ 135.70 4/1/2012 $ 3,255.88 TOTAL Payments should be by check payable to "NCDENR" and should be mailed to: J. R. Joshi NCDENR-DWQ Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 NAME for Coleen H. Sullins Director, Division of Water Quality Date Date 03/30/2010 12.36 3263345580 BRYAN 5CH PAGE 01/01 Touger Vang 1400 K.ebenberger Drive Greensboro, NC 27406 336-402-9910 Dr. J.R. Joshi 31CDENR 1601 Mail Service Center IWeigh., NC 27699-1601 1919)715-6698 lax; (919) 715-0588 Dear Dr. Joshi, I,?er our telephone conversation, I am disappointed that as a small individual self -sustain farmer, i [lever bad the intention of breaking the law of North Carolina in regard to the water quality. I have done what is asked of me of the regional office in Winston-Salem and that was my based to appeal. .However, as you have stated, it is my interest to pay the fine. I will agree to pay the fine in the amount of $3255.88. I will not be able to pay this in one amount. I am askuig to pay this amount in an installment payment of 24 months. Thauk you for your help. Sincerely, W_ AN MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 22, 2010 RECEIVED N.C. Dept of ENR CERTIFIED MAIL 7002 2410 0003 0273 8667 FES 2 4 2010 RETURN RECEIPT REQUESTED ! Winston-Salem Regional Office Mr. Touger Vang 1400 Kellenberger Drive Greensboro, North Carolina 27406 Subject: Request for Remission of Civil Penalty Mr. Touger Vang DV-2009-0025 Guilford County Dear Touger Vang: Im accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $3,255.88, A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources .(DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: J. R. Joshi NC DENR-DWQ-Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 1636 Mail Service Center, Raleigh, North Carolina 2769P-1636 Location:2728 Capital Blvd,. Raleigh, North Carolina 27604 Phone: 919733-3221 i FAX: 919-715-0588 1 CustomerServre: 1-877-,323-6748 Internet: www.ncwateMualitv.oro An Equa! Opporlundv � gfr mmnalive Action Emplover Urte North Carol. iiaa atm,1,14 T'ouger Vang Case No. DV-2009-0025 Guilford County Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on ,your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: J. R. Joshi NC DENR-DWQ-Aquifer Protection Section Animal Feeding Operations Unit. 1636 Mail Service Center Raleigh, North Carolina'27699-1636 The EMC Chairman will review the supporting documents and your request for'an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and inhere you should appear. if a presentation is not required, the final decision will be based upon the written record. Thank you for your cooperation in this matter. If you have any questions, please contact J. R. Joshi at (919) 715-6698. Sincerely, ��► zt::�, Keith Larick, Supervisor Animal Feeding Operations Unit Attachments cc: Sherri Knight — WSRO Regional Office Enforcement File- DV-2009-0025 APS Central Files Remission Request Summary and Recommendation To: Colecn H. Sullins From: Sherri Knight Date: February4, 2010 Region: WSRO Reviewed by: Theodore L. Bus r "Mate: QI 1-57tE1 APS Section Chief (Rials) Assessed Party: Touger Vang County: Guilford Case No.: DV-2009-0025 Permit No.: Case Back round and Assessment • June 10, 2009 DWQ staff from WSRO conducted a complaint inspection of the Vang property and observed the discharge of animal waste form the poultry and swine areas flowing into an unnamed tributary to Little Alamance Creek. DWQ staff also measured and recorded a dissolved oxygen result of 7.55 mgll upstream and 0.79 mg/l downstream. • June 12, 2009 Notice of Violation and Enforcement Recommendation issued DWQ WSRO did not received a response to the dated NOV • December 17, 2009 Touger Vang was assessed a civil penalty of $3,255.88 ($2,500.00 civil penalty plus $ 755.88 investigative costs): • $2,500.00 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. • $500.00 for violation of 15A NCAC 02B. 0211(3)(b) for Dissolved Oxygen. • December 28, 2009 Green card indicated delivery of the assessment document Remission Request (Summary) • January 26, 2010 Remission request signed • January 27, 2010 Remission request received Touger Yang said he owns and maintains a small self-sustainability poultry and swine farm. It has about 100-200 chicken and 10 pigs at any given time. He had no knowledge that it was deemed permitted. He said, by June 25, 2009 after consultation with the DWQ staff, he had moved the animals, re -seeded the area with grass seeds, and put up protection around the animals with black water filter silk to keep further animal waste being'washed dowry into watershed. He said he was under the impression that since he had done what DWQ staffsuggested him to do, he was s•rr p osed to be OK. He was not aware of the assessments to befollowed. Enforcement History The facility had no record of prior violation or enforcement. Remission Recommendation from Regional Office and Central Office • DWQ Winston-Salem Regional Office Recommendation (Check One) Request Denied Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission ❑ $ (enter amount) Comment: Mr. [,'ang's response does not adequately explain how the assessment factors were wrongfully applied. The Dlf"O Notice of Intent letter clearly states that DWQ intended to pursue enforcement action. No written response was received from Mr, Vang to the Notice of Intent letter. NC statutes and Water Quality Standards regarding an unpermitted discharge of animal waste and dissolved oxygen violation should apply to his operation the same as they would a large, commercial operation. A follow-up visit by DWQ staff conftrrned that the poultry and swine pens had been moved 40 '-50' fi-om the tributary. Only a small section of the large buffer had been vegetated. The WSRO believes that if Mr. Yang simply follows the recommendations of the Guilford County SWCD and the DSWC (buffers, rotational grazing, seeding, fencing, and relocation of'drinkers, animals, pens, etc) that he will be able to prevent future violations. TCV I D - 8.31.09 s, _74 • DWQ Central Office Recommendation (Check One) Request Denied M Full Remission ❑ Retain Enforcement Costs`? Yes ❑ No ❑ Partial Remission ❑ (enter amount) Comment: V -, 0 u• �1C./'��i�;'}--�[� G>'4��;t l�'t {;'X M�.'� Z^ [� �S-� e".�•i`1C.•�'f "�f 1 1h � "t--� LC�i�. GF 1 R T DECISION (Check One) request Denied ❑ Full Remission . ❑ Retain Enforcement Cost? Yes ❑ No ❑ Partial Remission ❑ S (Enter Amount) Rev. 7/2007 Coleen H. Sullins Date DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: DV-2009-0025 Region: WSRO County: Guilford Assessed Entity: Totter Vang Farm #: 41-31 ( X } Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: Mr. Vang's response (attached) does not adequately explain how the assessment factors were wrongfully applied. In his response letter dated January 18, 2010 (attached), Mr. Vang contends that he is a "small self sustainability (sic)" farm. While this may be the case, the Regional Office believes the NC statutes and Water Quality Standards regarding an unpermitted discharge of animal waste and dissolved oxygen violation should apply to his operation the same as they would a large, commercial operation. Mr. Vang states several times in his response that it was not his "intention.to break any laws." The Photographs obtained on the date of our investigation show that the operation was, in fact, constructed such that the UT to Little Alamance Creek originates within the poultry lot, and flows directly through the middle of the operation. The poultry lot is also located in an area of the property with the steepest grade. Topographic data indicates that there is a 25' change in elevation within the poultry lot itself. Touger Vang's nephew, Scott Vang, told staff on June 10, 2009 that the pens and coops were purposely placed on top of and around the tributary so that the area "would be cleaned - up when it rained." Mr. Vang purports that he "did not know that I was going to be fine (sic)" until he received the Civil Penalty Assessment. The DWQ Notice of Intent letter dated June 12, 2009 clearly states that we (DWQ-WSRO) intended to pursue enforcement action. Note, that we did not receive a written response from Mr. Vang to the Notice of Intent letter. And finally, Mr. Vang states in his January 18"' correspondence that the "discharge of animal waste from my small farm was from lack of knowledge about the state of North Carolina in reference to water quality." Considering that this is 2010, and M.r. Vang works as an academic advisor in the school of business at UNC-Greensboro, this office finds it difficult to believe that he thought it permissible to discharge waste into the tributary. Ms. Rosebrock reported that on the date of her initial investigation, the site was one of the worst she had seen (and smelled) in her eleven years as an animal waste inspector. ( X) Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: Mr. Touger Vang contacted DWQ and Guilford County SWCD staffs and began re- locating animals within a week of our initial investigation, A second follow-up visit by DWQ staff on July 17, 2009 (about five weeks after initial investigation) confirmed that the poultry and swine pens had been moved 40'-50' from the tributary. Remission Factors Consideration (continued) Touger Vang, DV-2009-0025 Page 2 At the time of the July 17, 2009 visit; only a small, 20'x20' section of the large buffer had been vegetated. It had been our expectation that all of the buffer should have been seeded and re -vegetated by this time. DWQ had requested both verbally and in writing (June 12, 2009 NOV/NOI) that Mr. Vang establish permanent vegetation around the lot "to help prevent the run-off of sediment and waste in the future." Staff with the Guilford SWCD and the DSWC had also sent written recommendations that included a vegetated buffer along the tributary. During the July 17, 2009 we still observed excessive fungal and algal growth in the stream, although the clarity of the water appeared a little better. No sludge worms were observed as they had been on the date of our initial investigation. Please note that the fecal coliform concentration was 1,060 col/100 rrL in a sample obtained on the date of our initial investigationAt is highl}v probable that an additional four samples within 30 days would have resulted in a fecal coliform violation as well. Mr. Vang's letter of January 18, 2010 states that he intends to build a pole barn, and to move the animals into the barn by this spring. While this is certainly acceptable, it is not necessary. This office believes that if Mr. Vang simply follows the recommendations of the Guilford County SWCD and the DSWC (buffers, rotational grazing, seeding, fencing, and relocation of drinkers, animals, pens, etc.) that he will be able to prevent future violations. {) Whether the violation Has inadvertent or a result of an accident; Notes: {) Whether the violator had been assessed civil penalties for any previous violations; Notes: (} Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Decision (Check one-)' Request Deniedv_Full Remission Date Partial remission Amount remitted �Coleen H. Sullins STATE. OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF GUILFORD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: TOUGER VANG DWQ Case Number DV-2009-0025 REQUEST FOR ORAL PRESENTATION 1 hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: + This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. . Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. . My presentation will be limited to discussion of issues and information submitted in my original remission_ request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and'whether anyone will be speaking in a representative capacity for you or a business or governmental entity.' If yod or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/et[iies, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. + If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you in end on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or constant, then you must also be present at,the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law, • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE RECEwEQ NC®ENR it N.C, Dept, of ENR North Carolina Department of Environment and Natural Resources FEB 1 1 2010 Division of Water Qualit Y Winston•Saiem Regional office Beverly Eaves Perdue Coleen H. Sullins IfeeFreeman Governor Director Secretary Mr. Touger Vang 1400 Kellenberger Drive Greensboro, North Carolina Dear Mr. Vang: February 10, 2010 27406 SUBJECT: Remission Request Guilford County File No. DV-2009-0025 This letter is to acknowledge receipt of your request, on January 27, 2010, for remission of the civil penalty levied against the subject facility. The Director of the Division of Water Quality will review your evidence and inform you of her decision in the matter of your remission request. If you have any questions, please call me at (919) 715-6698. Sincerely, �RJoshi Animal Feeding Operations Unit cc: Sherri Knight, WSRO APS Regional Supervisor File # DV-2009-0025 APS Central Files AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location. 2728 Capital Boulevard. Raleigh, North Carolina 27604 Phone: 919-733-32211 FAX 1:919-715-0586 FAX 2: 919-715-60481 Customer Service:1-877-623-6748 Internet: www.ncwa1e uali .or NorthCarolina Natuniliff An rm ini Onnnrtunily 5 A!(rmntivp Arlinn rmnlnvpr DWQ- - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: DV-2009-0025 Region: WSRO County: Guilford Assessed Entity: Touger Vang Farm #: 41-31 { X) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: Mr. Vang's response (attached) does not adequately explain how the assessment factors were wrongfully applied. In his response letter dated January 18, 2010 (attached), Mr. Vang contends that he is a "small self-sustainability (sic)" farm. While this may be the case, the Regional Office believes the NC statutes and Water Quality Standards regarding an unpermitted discharge of animal waste and dissolved oxygen violation should apply to his operation the same as they would a large, commercial operation. Mr. Vang states several times in his response that it was not his "intention to break any laws." The Photographs obtained on the date of our investigation show that the operation was, in fact, constructed such that the UT to Little Alamance Creek originates within the poultry lot, and flows directly through the middle of the operation. The poultry lot is also located in an area of the property with the steepest grade. Topographic data indicates that there is a 25' change in elevation within the poultry lot itself. Touger Vang's nephew, Scott Vang, told staff on June 10, 2009 that the pens and coops were purposely placed on top of and around the tributary so that the area "would be cleaned - up when it rained." Mr. Vang purports that he "did not know that I was going to be fine (sic)" until he received the Civil Penalty Assessment, The DWQ Notice of intent letter dated June 12, 2009 clearly states that we (DWQ-WSRO) intended to pursue enforcement action. Note, that we did not receive a written response from Mr. Vang to the Notice of Intent letter. And finally, Mr. Vang states in his January 18"' correspondence that the "discharge of animal waste from my small farm was from lack of knowledge about the state of North Carolina in reference to water quality." Considering that this is 2010, and Mr. Vang works as an academic advisor in the school of business at UNC-Greensboro, this office finds it difficult to believe that he thought it permissible to discharge waste into the tributary. Ms. Rosebrock reported that on the date of her initial investigation, the site was one of the worst she had seen (and smelled) in her eleven years as an animal waste inspector. ( X } Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: Mr. Touger Vang contacted DWQ and Guilford County SWCD staffs and began re- locating animals within a week of our initial investigation. A second follow-up visit by DWQ staff on July 17, 2009 (about five weeks after initial investigation) confirmed that the poultry and swine pens had been moved 40'-50' from the tributary. Remission Factors Consideration (continued) Touger Vang, DV-2009-0025 Page 2 At the time of the July 17, 2009 visit, only a small, 20'x20' section of the large buffer had been vegetated. It had been our expectation that all of the buffer should have been seeded and re -vegetated by this time. DWQ had requested both verbally and in writing (June 12, 2009 NOV/NOI) that Mr. Vang establish permanent vegetation around the lot "to help prevent the run-off of sediment and waste in the future." Staff with the Guilford SWCD and the DSWC had also sent written recommendations that included a vegetated buffer along the tributary. During the July 17, 2009 we still observed excessive fungal and algal growth in the stream, although the clarity of the water appeared a little better. No sludge worms were observed as they had been on the date of our initial investigation. Please note that the fecal coliform concentration was 1,060 col/100 mL in a sample obtained on the date of our initial investigation. It is highly probable that an additional four samples within 30 days would have resulted in a fecal coliform violation as well. Mr. Vang's letter of January 18, 2010 states that he intends to build a pole barn, and to move the animals into the barn by this spring. While this is certainly acceptable, it is not necessary. This office believes that if Mr. Vang simply follows the recommendations of the Guilford County SWCD and the DSWC (buffers, rotational grazing, seeding, fencing, and relocation of drinkers, animals, pens, etc.) that he will be able to prevent future violations. () Whether the violation was inadvertent or a result of an accident; Notes: () Whether the violator had been assessed civil penalties for any previous violations; Notes: () Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Decision (Check one) Request Denied Full Remission Partial remission Amount remitted — Date Coleen H. Sullins 01/27/2010 08:34 3363345580 BRYAN SCH PAGE 04/04 ,1FUSUFI-CA'i 114NQR R)NJ[1SSION REOLF;EST OWQ Case Number: DV�2009-0025 County: Guilford ks9e9setl Party: Touger Vang Permit No. (if applicable): Amount Assesses: 13 jjj&8 Please use this' form when requesting remission of this civil penalty, You must also complete the ".Reauast For Remission. Nrtxfyer o Rlrrht to arr Ad�Lni,carattvC h'eatirtg, and_Sti»ulatto o Fac " form to request r=i.ssion of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Airector to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed Wow, as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282A(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please creek each factor that you believe applies to your case and provide a detailed explanation, including; copies of ,supporting documents, aw to why the factor applies (attach additional pages &9 needed), �(a) one g�.Mor_e of tie civil malty-smssmentfactors WN.C.a..S. 14313-282,1(bl were �nrfWly VpIieLo the lewm_e_sit of the petitioner (the assessment factors are listed in the civil po"alty assessment document); (1>) the Violator- abated continui_ng_env_ironmental damage rg:� ldng„ from the la i (i.e„ axvlai.rr the steps that Nou took to correct the violation and prevent,future occurrences); — (c) file �folatio8 was inadvertent or a result of an accident' (i.e- explain why the violation was unavoidable or .something you could not prevent or,vrepare, for); -,_,,,, (d) ibe yioj= had no bq ;n assessed civil penalties for any previous violations; _ (c) nument of thc_civil penalty will prevent. 2w= for -the remaining_necessary remedial c i (i.e, explain how payment of'the civil penalty will prevent you from pe*rming the activities necessary to achieve compliance). E,XP&At!MION attach additional 2ages as.Becessar�+) ZeMe- aiiu� � Qu�� 01/27/2010 08:34 3363345580 BRYAN SCN PAGE 02/04 Touger Vang 1400 KeRenberger Drive Greensboro, NC 27406 (336) 402-9910 January 18, 2010 J.R. Joshi DWQ 1636 Mail. Service Center Raleigh, NC 27699-1.636 Dear Dr. Joshi, Per our telephone conversation., I want to thank you for allowing me to write this letter to you to explain why I am seeking a remission of the civil penalty. I would like to explain the following: A. In the FINDINGS OF FACT; It stated that the "facility was deemed permitted as a non -discharge facility on February 1.,1,993..." per the court filing. I would state the fact that I purchased the 1400 Kellenberger Drive in February 2007. 1 have no knowledge that it was deemed as, B. I own and maintain a SMALL SELF-SUSTAINABILITY poultry and swine farm. The FINDINGS OF FACT made it as I own a big farm. 'At any given time, there are about 100-200 chicken and 10 pigs at my Self Sustainab lity fariu. C. It was NOT MY INTENTION to violate any law as I explained to the DWQ staff who visited my farm on June 10, 2009. 1 informed her many times on the telephone that I will do anything I needed to do to meet the standard. The discharge of animal waste from my small farm was from the lack of knowledge about the state of North Carolina in reference to water quality. I infonned DWQ staff to help me to meet the standard or regulation, D. Per the DWQ staff who came on ,Tune 1.2, 2009 to deliver the letter to me and walked with my nephew Scott Vang to mark where I need to move my animals so that I can be in compliance. The DWQ staff marked the area where I must move my animal from. By June 25, 2009,1 have moved the animal and re -seed the area with grass seeds and put up protection around my animal such as a black water filter silk to keep further animal waste for being wasbed down into the water shed. Page I 1 01/27/2010 08:34 3363345560 BRYAN SCH PAGE 03/04 E. After completing this, I call the DWQ staff back and i.n.fonned that I have done so. I was under the impression that since I have done what she asked then I should be okay. I did not know that I was going to be fine until I received the certified mail. Again, I am writing to request the remission of this civil penalty. I am a good citizen who just wanted to have a life of self-sustainabi,lity farm. By NO MEANS do I intent to break any local, state or federal law. I felt strongly that I have maintained my farm well by continuously looking at ways to management the animal waste and cleaning and rousing the atijinal waste as fertilizer. I have contacted and worked with the Agricultural Extension office to learn better ways of managing the animal waste. I will continue to do this as I am learning more ways to be a better self sustainability farmer. In addition, currently I am working with a professor -from Nortb Carolina A&T State University oti. learning new ways of handling animals' waste. I also have visited and learned some new technology from the North Carolina A&T State University Fare site located just a few m les from my house on how to handle poultry wastes as well. Furthermore, I am ,going to build a farm pole barn and move all the animals into this barn by this spring 2010. I wn writing as a good citizen farmer who has no intention £torn the beginning to break any law. Please take this into consideration. Sin erely , ,t�� Touger V . Page 12 A A15W - =Ad ��r NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue, Governor Dee Freernan, Secretary FAX TRANSMITTAL SHEET 33 & .77 I - sa T °1 TO: _jame Wa i Ler FROM: M6 55o, j-aSe-(DroLlL COMPANY: a u -� N �O r d C O• PAGES: q (Including cover sheet) FAX NUMBER:33ra.37-SOga- DATE: RE: VAN G ❑ Urgent ❑ For Review information ❑ Please Reply b 'er Your Request COMMENTS: ILI" �I 1 One 585 Waughtown Street, Winston-Salem, North Carolina 27107-2241 NOAhCaIOlIl1a Phone: 336-771-50001 FAX: 336-771-4631 1 Internet: www.enr.state.nc.us/ENR/ ;Vatutnally An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled 410 % Post Consumer Paper MEMORY TRANSMISSION REPORT FILE NO. 212 DATE 01.20 09:14 TO : 8 913363755042 DOCUMENT PAGES 9 START TIME 01.20 09:14 END TIME : 01.20 09:16 PAGES SENT 9 STATUS OK J TIME .01-20-'10 09:16 FAX NO.1 :336-771-4633 NAME :DENR 3367714633 TOUGER VANG SITE RECOMMENDATIONS 1400 KELLENBERGER DRIVE ->Follow DWQ's Recommendations ->Create 50' or greater buffer from creek 4Grade buffer to allow sheet flow ->Work up soil, in optimum seeding dates, so you will have good seed soil contact. ->Mix small grain, wheat (etc.) with fescue 4Drag to cover seed 413ossibly straw some areas, lime? ->Attached, seeding rates for Critical Areas ->Perm. Fence out Animals, Pigs and Chickens along the 50' buffer from stream. See attached map. ->Maintain 10-15 grass buffer around Pig Pens before it enters woods. 4Malntain 10-15 grass buffer between Chicken Pens and woods. ->Put waterer in middle of fields, if possible. ->Rotate Pigs In lots, try to maintain some vegetation. ->Move chicken Pens further up hill, to level or ground. ->Sunlight may help dry soil quicker in lot. ->If Chickens are kept in pens, catch manure in trays and place in field, or possible compost for sale or use in gardens. ->Reduce numbers of Chickens and Ducks, to a more manageable number. bttp://gcgis.co-guilford.nc.us/guilford_new/printPreview.aspx?PrintOptData=Guilfor&/120County,%20NCIOIOIMzlfalse�rmlfalsejfalseI179998... Guilford County, NC Py - ..� .t - ♦ t - � - fj ' Y °�4 :� � dui � r y..:. �� °� t. { Y IF 44 .A it ^yy '< r'°• Ad 164 Parcel Number 0504021900338SW001 Plat Book Owner Name VANG TOUGER Plat Page Mailing Address 1 & CATHERINE VANG JIT RIS Condo Book Mailing Address 2 108 S RIVER RD Condo Page Mailing Address 3 Total Assessed Value $22,200 Mailing Address City CASCADE Total Building Value $0 Mailing Address State VA Total Out Building Value $0 Mailing Address Zip 240692438 Total Land Value $22,200 Property Address 1323-R1 BAITY BEND RD Total Deterred Value $0 Legal Desc 1 5.57 AC FLEMING PROP Building Count 0 Legal Desc 2 Building Number Land Units 5.57+ Year Built Land Type AC Heated Area Deed Date 2/15/2007 12:00:00 AM Bedrooms Deed Document Type WD Full Bathrooms Deed Book 9277 Use Code i http://gcgis.co.guilford.m.uslgttilford newlprintPireview.aspx?PrixitOptData=Guilfordor620Coindy,%20NCIOIOIrmftlseIrmIfidSelfdseI179998... Guilford County, NC Parcel Number 0504021900338SW00I Plat Book Owner Name VANG TOWER Plat Page Mailing Address 1 & CATHERINE VANG J/T R/S Condo Book Mailing Address 2 108 S RIVER RD Condo Page Mailing Address 3 Total Assessed Value $22,200 Mailing Address City CASCADE Total Building Value $0 Mailing Address State VA Total Out Building Value $0 Mailing Address Zip 240692438 Total Land Value $22,200 Property Address 1323-RI BAITY BEND RD Total Deferred Value $0 Legal Desc 1 5.57 AC FLEMING PROP Building Count 0 Legal Desc 2 Building Number Land Units 5.57+ Year Built Land Type AC Heated Area Deed Date 2/15/2007 12:00:00 AM Bedrooms Deed Document Type WD Full Bathrooms Deed Book 9277 Use Code http://gcgis.co.guilford.nr..uslguilford—new/printPreview.aspx?PrintOptData=Guilford0lo2OCounty,°lo2ONCI0I0�rwlfalse�rwlfalselfalsej179998... Guilford County, NC Parcel Number 0504021900338SWOOi Plat Book Owner Name VANG TOWER Plat Page Marling Address 1 & CATHERINE VANG JIT RIS Condo Book Marling Address 2 108 S RIVER RD Condo Page Mailing Address 3 Total Assessed Value $22,200 Mailing Address City CASCADE Total Building Value $0 Mailing Address State VA Total Out Building Value $0 Mailing Address Zrp 240692438 Total Land Value $22, 200 Property Address 1323-R1 BAITY BEND RD Total Deferred Value $0 Legal Desc 1 5.57 AC FLEMING PROP Building Count 0 Legal Desc 2 Building Number Land Units 5.57+ Year Built Land Type AC Heated Area Deed Dane 2/15/2007 12:00:00 AM Bedrooms Deed Document Type WD Full Bathrooms Deed Book 9277 Use Code http://gcgis.co.guilibrd.nc.us/guilford new/printPmview.aspx`1PrirdOptData=Guiiford%2OCounty,%2ONC{OIOjtrwlfalse�rwftlselfdsell7999$... Guilford County, NC V'.04 .. F :�' aT •y � � a'� - W - f h5 4 �r e. w' ' a Parcel Number 0504021900338SW001 Plat Book Owner Name VANG TOWER Plat Page Mailing Address 1 & CATHERINE VANG J/T R/S Condo Book Mailing Address 2 108 S RIVER RD Condo Page Mailing Address 3 Total Assessed Value $22,200 Mailing Address City CASCADE Total Building Value $0 Mailing Address State VA Total Out Building Value $0 Mailing Address Zip 240692438 Total Land Value $22,200 Property Address 1323-Rl BAITY BEND RD Total Deferred Value $0 Legal Desc 1 5.57 AC FLEMING PROP Building Count 0 Legal Desc 2 Building Number Land Units 5.57+ Year Built Land Type AC Heated Area Deed Date 2/16/2007 12:00:00 AM Bedrooms Deed Document Type WD Full Bathrooms Deed Book 9277 Use Code LIB � "� - •� 72 ,_, --: 86 � r � { to • I ouger vang Property E Q h 00, 41 • Copyright (C)1998, Mapb3ch, Irr- HCDEHR North Carolina Department of Environment and Naturai Resources Division of Water Clualit Beveriy Eaves Perdue Coieen H. S61iins Governor Director December 23, 2009 CERTIFIED MAIL - # 7002 2410 0003 0273 8636 RETURN RECEIPT REQUESTED Mr. Touger Vang 1400 Kellenberger Drive Greensboro, North Carolina 27406 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Guilford County File No. DV-2009-0025 Dear Mr. Vang: Dee Freeman Secretary RECEIVE❑ N.C. Dept. of ENR DEC. 2.8 2009 Win6on•Saiem Regional office This letter transmits notice of a civil penalty assessed against Touger Vang in the amount of S 3,255.88 which includes $755.88 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. - -- - - ----`Any continuing -violation(s)'may be the subject of a new enforcement action, including an additional `T penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new .violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of. J. R. Joshi DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 AQUIFER PROTECTION SECTION 1636 Mali Service Center, Raleigh. North Carolina 27699-1636 Locatim 2728 Caoital Boulevard, Raieigh, Nortrl Carolina 2760d Phone: 919-733-3221 1 FAX 1: 919-715-4588 FAX r: 919.715.60481 Custorner Service. 1-877.523-6748 intemea: www.ncwaterouainy.ora Orly N0 thCarotins. ,Natutally An Eaua? Opportunity l Ah�rmauvw ACnan EM Moyer Touger Vang Page 2 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of her decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee_ cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: J. R. Joshi Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received Touger Vang Page 3 in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Please mail or hand deliver a copy to: J. R. Joshi DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact J. R. Joshi at (919) 715-6698. Sincerely, heodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Sherri Knight, WSRO APS Regional Supervisor w/ attachments File # DV-2009-0025 w/ attachments APS Central Files w/ attachments Susan Massengale w/ attachments STATE OF NORTH CAROLINA COUNTY OF GUILFORD IN THE MATTER OF TOUGER VANG FOR VIOLATION OF NCGS 143-215.1(a)(1) FOR MAKING AN OUTLET TO THE WATERS OF -THE STATE OF NORTH CAROLINA WITHOUT A PERMIT 0 FOR VIOLATIONS OF THE WATER QUALITY STANDARD FOR DISSOLVED OXYGEN 15A NCAC 02B. 0211(3)(b) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. DV-2009-0025 FINDING AND DECISION AND ASSESSMENT OF CIVIL PENALTIES F Acting pursuant to delegation by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: 1. FINDINGS OF FACT: A. Touger Vang owns and maintains a poultry and swine animal facility on Parcel Number 0504021900338SW001 located off Baity Bend Road in Guilford County. B. The Touger Vang facility was deemed permitted as a non -discharge facility on February 1, 1993 in accordance with Title 15A North Carolina Administrative Code (hereby known as N.C.A.C.) Subchapter 211 Section .0217 (15A NCAC 2H .0217). C. On June 10, 2009 DWQ staff visited the Vang property in response to a complaint. During the site visit, DWQ staff observed the discharge of animal waste from the poultry and swine areas flowing into an unnamed tributary to Little Alamance Creek. DWQ staff also measured and recorded a dissolved oxygen result of 7.55 mg/l upstream and 0.79 mg/l downstream. D. North Carolina General Statute (hereby known as G.S.) 143-215.1(a)(]) states that "No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: Make any outlets into the waters of the State. " E. Title 15A NCAC 2B .0211 (3)(b) states that "Dissolved oxygen: not less than 6.0 mg/l for trout waters, for non -trout waters, not less than a daily average of 5.0 mg/l with a minimum instantaneous value of not less than 4.0 mg/l; ..." F. On June 12, 2009 DWQ issued a Notice of Violation/Notice of Intent to Enforce to Touger Vang for the referenced discharge and stream standard violation. The Notice of Violation was delivered in person by DWQ staff and received on behalf of Touger Vang, by his nephew, Scott Vang on June 12, 2009. To date, the DWQ Winston-Salem Regional Office has received no written response from Touger Vang. G. The unpermitted discharge and impacts occurred in an unnamed tributary to Little Alamance Creek, Class C-NSW waters within the Cape Fear River Basin. The impacted tributary originates on Mr. Vang's property and within the confined animal lots. H. The cost to the State for the enforcement procedures in this matter totaled $755.88. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF.LAW: A. Touger Vang is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143- 212(4) B. The affected Little Alamance Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constitutes making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S.143-215.1. D. Touger Vang violated G.S. 143-215.1(a)(1) by making an unpermitted discharge into waters of the State. E. Touger Vang may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty -Eve thousand dollars ($25,000,00) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. F. Touger Vang violated 15A NCAC 02B. 0211(3)(b) from the instantaneous dissolved oxygen less than 4.0 mg/l. G. Touger Vang may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(1), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates any classification, standard, limitation, or management practice pursuant to G.S. 143-214.1, 143-214.2, or 143-215. H. The State's enforcement costs in this matter may be assessed against Touger Vang pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Touger Vang is hereby assessed a civil penalty of: for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. 00 $ sion for violation of 15A NCAC 02B. 0211(3)(b) for Dissolved Oxygen. $ 755.88 Enforcement Costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by, noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. r 1,21,1 09 Da T odore L. Bush, Jr., Section Chief Aquifer Protection Section Division of Water Quality STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF GUILFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND TOUGER VANG ) STIPULATION OF FACTS FILE NO. DV-2009-0025 Having been assessed civil penalties totaling S 3,255.8$ for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated December 17, 2009, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated.matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment. This the day of , 2009 SIGNATURE ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: DV-2009-0025 County: Guilford Assessed Party: Touger Vang Permit No. (if applicable): Amount Assesses: S 3,255.88 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether, the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-28,2.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator hromntly abated continuing _environmental damage resulting from the ` violation (i.e., explain the steps that you took to correct the violation and prevent. future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or• prepare.for); (d) the violator had not been assessed civil penalties for any previous violations; (e) paymentof the civil penalty will prevent payment for the remaining necessary_ remedial actions (i.e., explain how payment of the civil penalty will prevent vou./rom performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessarv): DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY September 14, 2009 MEMORANDUM: To: Keith Larick 1t- From: Sherri Knight Melissa Rosebrock O Subject: Recommendation for Civil .Penalty Case # DV-2009-0025 Touger Wang, AWD410031 Guilford County On June 10, 2009, Melissa Rosebrock, with the Winston-Salem Regional Office Division of Water Quality (WSRO-DWQ), visited the Touger Vang property in response to complaints alleging the discharge of animal waste into surface waters. On the date of our investigation, Ms. Rosebrock observed that the waste from several hundred poultry animals and at least 15 porcine animals was allowed to flow into an unnamed tributary to Little Alamance Creek, class C-NSW waters of the State. Mr. Vang had no valid permit for the discharge. The dissolved oxygen in the unnamed tributary to Little Alamance Creek measured 0.79 mg/L compared to an upstream result of 7.55 mg/L. The ANC water quality standard for dissolved oxygen in this stream is 4.0 mg/L (minimum, instantaneous). The fecal coliform concentration in the unnamed tributary was determined to be 1,060 cot/100 mL while only 2 co11100 mL upstream of the impact. It is our expectation that an additional four consecutive samples within 30 days would have resulted in a geometric mean greater than the Water Quality standard maximum of 200 col/100 mL. ' In addition to the water quality standard violation detected during sampling, the presence of numerous colonies of sludge worms, excessive algae and fungal growth, and at least five inches of deposited sediment in the surface water indicates that the unpermitted discharge has been impacting the unnamed tributary for several months. Our investigation also revealed that the dead animals from Mr. Vang's facility were improperly buried (only 75 feet uphill from the UT and not covered). The animal disposal violation was referred to Dr. Jimmy Tickle with the NCDA-Veterinary Division for further examination. Please find attached, documents supporting the Winston-Salem Regional Office's request for a civil penalty assessment against Mr. Touger Vang for making an unpermitted discharge into waters of the State as well as a Water Quality Standard violation for dissolved oxygen. We request that you initiate appropriate action from your office and forward the attached package to the Aquifer Protection Section Chief. The following items are being transmitted for your review: Vang Request for Civil Penalty September 14, 2009 Page 2 A) A completed "findings and Decisions and Assessment of Civil Penalties." B) A completed "Water Quality Enforcement Case Assessment factors." C) Most recent correspondence between DWQ and the violator, including a copy of the "NOVINOI letter." To date, Mr. Vang has not submitted a written response. D) Photographs of the site taken by DWQ staff on June 10 and 12, 2009, E) Maps of the Vang property. F) Field parameters and sample results. Please contact Melissa Rosebrock in our office at (336) 771-5289 for any additional information you may need. Attachments cc: Winston-Salem Regional Office Facility Files APS Central Files Findings and Decisions and Assessment of Civil Penalties Attachment A STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GUILFORD CASE NO. DV 2009-0025 IN THE MATTER OF TOUGER VANG FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES FOR VIOLATION OF NCGS 143-215.1(a)(1) FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROLINA WITHOUT A PERMIT FOR VIOLATIONS OF THE WATER QUALITY STANDARD FOR DISSOLVED OXYGEN 15A NCAC 02B. 0211(3)(b) Acting pursuant to delegation by the Secretary of the Department of Environment and Natural Resources, I, Ted L. Bush, Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Touger Vang owns and maintains a poultry and swine animal facility on Parcel Number 0504021900338SW001 located off Baity Bend Road in Guilford County. B. The Touger Vang facility was deemed permitted as a non -discharge facility on February 1, 1993 in accordance with Title 15A North Carolina Administrative Code (hereby known as N.C.A.C.) Subchapter 2H Section .0217 (15A NCAC 2H .0217). C. On June 10, 2009 DWQ staff visited the Vang property in response to a complaint. During the site visit, DWQ staff observed the discharge of animal waste from the poultry and swine areas flowing into an unnamed tributary to Little Alamance Creek. DWQ staff also measured and recorded a dissolved oxygen result of 7.55 mg/l upstream and 0.79 mg/l downstream. D. North Carolina General Statute (hereby known as G.S.) 143-215.1(a)(1) states that "No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: Make any outlets into the waters of the State. " E. Title 15A NCAC 2B .0211 (3)(b) states that "Dissolved oxygen: not Iess than 6.0 mg/1 for trout waters; for non -trout waters, not less than a daily average of 5.0 mg/1 with a minimum instantaneous value of not less than 4.0 mg/l; ..." F. On June 12, 2009 DWQ issued a Notice of Violation/Notice of Intent to Enforce to Touger Vang for the referenced discharge and stream standard violation. The Notice of Violation was delivered in person by DWQ staff and received on behalf of Touger Vang, by his nephew, Scott Vang on June 12, 2009. To date, the DWQ Winston-Salem Regional Office has received no written response from Touger Vang. G. The unpermitted discharge and impacts occurred in an unnamed tributary to Little Alamance Creek, Class C-NSW waters within the Cape Fear River Basin. The impacted tributary originates on Mr. Vang's property and within the confined animal lots. H. The cost to the State for the enforcement procedures in this matter totaled $755.88. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Touger Vang is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Little Alamance Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. Touger Vang violated G.S. 143-215.1(a)(1) by making an unpermitted discharge into waters of the State. D. Touger Vang may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. E. Touger Vang violated 15A NCAC 02B. 0211(3)(b) from the instantaneous dissolved oxygen less than 4.0 mg/l. F. Touger Vang may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(1), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates any classification, standard, limitation, or management practice pursuant to G.S. 143-214.1, 143-214.2, or 143-215. G. The State's enforcement costs in this matter may be assessed against Touger Vang pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). H. The Aquifer Protection Section Chief, pursuant to delegation from the Director, Division of Water Quality, and the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Touger Vang is hereby assessed a civil penalty of $ 755.88 for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. for violation of 15A NCAC 02B. 0211(3)(b) for Dissolved Oxygen. Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. IV. NOTICE: I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring after the assessment period indicated above, Each day of a continuing violation may be considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for which penalties have not yet been assessed, V. TRANSMITTAL: These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Touger Vang in accordance with N.C.G.S. 143-215.6(A)(d). Date Ted L. Bush, Chief Aquifer Protection Section Division of Water Quality Assessment Factors Violator: Touger Vang Owner: Touger Vang Region: Winston-Salem 1. The degree and extent of harm to the natural resources of the State, to public health or to private property: The section of unnamed tributary to Little Alamance Creek that originates on and flows through the Touger Vang property (aka "Vang Tributary" or "Downstream") is a class C NSW water of the State. This water is designated NSW in the classification schedule in order to limit the discharge of nutrients (usually nitrogen and phosphorus). This office believes that the presence of sludge worms, excessive fungal growth, foam, pungent odor, sediment and organic matter are clear indications that the discharge of nutrients from Mr. Vang's property have harmed, to a high degree, the water quality in the State's surface waters. 2. The duration and gravity of the violations: The WSRO believes that the water quality problems at this site started about a year ago. Tax records and neighboring landowners indicate that Mr. Vang purchased the property in 2007. Only in the last year has the population of animals increased such that odor and stream complaints have been reported. The level of fungal growth and stream bank erosion suggests that the unpermitted discharge of animal waste has been impacting the stream for at least several months. 3. The effect on ground or surface water quantity or quality or on air quality: The effect of animal waste and sediment run-off from the Touger Vang property has had an unknown effect on ground water thus far. The air quality, however, appears to be substantially worse, as far as odor is concerned, than similarly sized poultry and swine operations within the WSRO area. Improper disposal of the animal carcasses has also contributed to the odor and insect problem. The surface water effects of the chronic discharge of animal waste from the Vang property are visually and chemically apparent. Stream banks are denuded and the channel eroded and undercut due to excessive animal traffic in and around the unnamed tributary. Additionally, up to five inches of sediment has been deposited into the tributary as a result of denuded buffers and animal traffic. Our investigation also documented tremendous orange/brown fungal growth and the presence of several sludge worm colonies; which are both indicators of excess nutrients. Assessment Factors Touger Vang Page 2 Laboratory results also indicate that the unpermitted discharge of animal waste has impacted the surface water. The upstream BOD was determined to be 2 mg/1 while the downstream was 5.2 mg/l. The upstream fecal coliform was 2 col/100 ml while the downstream result was 1,060 col/I00 ml. Nutrient levels were higher downstream as well. The downstream TKN, for example, was 21 times greater than the upstream TKN and the total phosphorus was 14 times greater downstream. Not surprising, the downstream ammonia level was 185 times greater than that of the upstream! 4. The cost of rectifying the damage: The cost to rectify the damage should be minimal. Relocating the animals and their pens further from the stream and establishing permanent vegetation would only involve labor and the cost of appropriate seed and straw. 5. The amount of money saved by noncompliance: This office does not believe that Mr. Vang has saved any money by non-compliance. The cost to confine the animals would essentially have been same no matter where they would have been located. 6. Whether the violations were committed willfully or intentionally: This office believes the discharge violation to be wilfull and intentional. The Vang family told staff that the pens and coops were purposely placed on top of and around the tributary so that the area would be "cleaned -up" when it rained. The stream standard violation is a result of the chronic discharge of animal waste into the stream. It is our belief that Mr. Vang was not aware of the effects on the dissolved oxygen. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: None 8. The costs to the State of the enforcement procedures: Investigator — 5.5 hours field time $158.84 Enforcement time — 8 hours $231.04 Laboratory costs $198.32 Assessment Factors Touger Vang Page 3 Sherri Knight - I hour for enforcement review $ 35.00 Mileage - 76 miles @ 0.43 cents /mile $ 32.68 Administrative Costs $100.00 Total Cost $755.88 9. Type of Violator: Touger Vang is a private residential homeowner who appears to maintain swine and poultry animals for his and his extended family's personal use. He raises, slaughters, consumes, and disposes of the carcasses on his own property. At the time of the June 2009 violations, there were at least 15 swine and hundreds of poultry confined on his property. 10. Violator's degree of cooperation (including efforts to restore) or recalcitrance: Touger Vang readily allowed DWQ staff onto the property and his representatives, Scott Vang (nephew) and Chaoua Vang (brother), actively participated in the investigation. All persons with the Vang family were courteous to DWQ representatives. At DWQ's request, Touger Vang relocated all the animals at least 40-50 feet away from the stream within two weeks. He had also begun elevating the "chicken coops" so that a tray could be installed beneath each one to capture the solid waste. A very small section (20'x20') of previously denuded buffer had been seeded and grass established. However, Mr. Vang had been instructed to establish vegetation in the entire buffer area. 11. Mitigating factors: None 12. Assessment factors: A. IWC ---- NA B. Receiving Stream ----- Little Alamance Creek/Cape Fear Basin C. SOC/JOC--------- NA D. Copy of MP Screen ----- NA E. Copy of Limits Page ---- NA F. Damage ------ Discharge and Stream Standard Violations Certification: I certify that the information in this report is true to the best of my knowledge. � e') v Wrl-n--clip'al In estigator NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 12, 2009 Mr. Touger Vang 1400 Kellenberger Drive Greensboro, NC 27406 Dee Freeman Secretary SUBJECT: Notice of Violation I Notice of Intent to Enforce Case Number: NOV-2009-DV-0186 Discharging without a Permit and Stream Standard Violation Facility #41-31, Permit Number AWD410031 Guilford County Dear Mr. Vang; On June 10, 2009 a representative from the State's Division of Water Quality (DWQ) Winston-Salem Regional Office (WSRO) visited your facility as a result of a complaint received by our office alleging the discharge of animal waste from your property and into an unnamed tributary (UT) to Little Alamance Creek, class C - Nutrient Sensitive Waters .. (NSW) of the State. This letter is to summarize the water quality concerns and violations documented during our investigation. Stream samples were obtained during our inspection for the analysis of dissolved oxygen (DO), pH, specific conductance, biochemical oxygen demand (SOD), fecal coliform, and nutrients. Preliminary results indicate that there was no violation of the State's water quality standard for pH. The specific conductance measured 163.3ps in the stream that flows from the fenced animal lot behind your residence (labeled "Vang Tributary"), In comparison, the specific conductance was 111.5ps above the confluence with your tributary (labeled "Upstream"). We are awaiting test results for SOD, fecal coliform, and nutrients. Although there are no water quality standards for specific conductance, nutrients, and BOD, these parameters may still be used to help discern whether a particular activity is having an impact upon surface waters. it should be noted that the flow of water for the "Vang Tributary" originates within the fenced animal lot with no visual impact or run-off observed from the adjacent, uphill, property. However, the DO in the "Vang Tributary" measured only 0.79 mgll while the "Upstream" DO was 7.55 mgll, Be advised that NC Water Quality Standards dictate that the DO shall not be less than a daily average of 5.0 mgll with an instantaneous value of not less than 4.0 mgll. The above referenced DO result of 0.79 mgll constitutes a North Carolina stream standard violation. Additionally, the failure to acquire a permit prior to causing or permitting "any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications" also violates North Carolina General Statute 143-215.1. Winston-Salem Regional Office 585 Waughlown Street Winston-Salem, NC 27107 Phone: 336-771-50001 FAX 336-771-4631 1 Customer Service: 1-677-623-6748 Internet: www.ncwaterquality.org Nne ort.hCaroliiia ;V17turZ711!f An Equal Opportunity 1 Affirmative Action Employer Vang NOVIN0l June 12, 2009 Page 2 Our visual observations and photographs document tremendous fungal and sludge worm growth within the entire length of the "yang Tributary" as well as up to five inches of deposited sediment. Additionally, staff detected a very strong, pungent, waste odor, beginning just downstream of the confluence with the "Upstream" tributary and increasing to near the animal burial site. On the date of our investigation, in fact, staff observed that at least one carcass had not been properly buried and that recent burrowing activity by other animals had occurred. Additionally, the burial site was only 75 feet uphill from flowing waters. Both of these infractions are violations of NC General Statute 106-403 and have thus been referred to the NC Department of Agriculture and Consumer Services -Veterinary Division. It is the State's expectation that the conditions causing the unpermitted discharge of animal waste into the UT, to Little Alamance Creek will be abated immediately. Per telephone conversations with staff (Ms. Melissa Rosebrock) on June 10, 2009 it is our understanding that the birds, poultry, swine, etc. are to be moved to a suitable location by July 1, 2009. Permanent vegetation should be established around the re -located animal lot to help prevent the run-off of sediment and waste in the future. The above referenced violations for DO and unpermitted discharge to waters of the State are subject to civil penalties of up to $25,000 per day, per violation, The Division's Winston-Salem Regional Office intends to pursue enforcement action through the Director for the referenced violations. If you have reason to believe that these violations were caused by events or circumstances beyond your control, you should include any such justification, along with your written response, to this Notice within ten (10) days of receipt of this letter to the address contained on this letterhead. Your response to this correspondence will be considered in this process. If you any questions regarding these matters, you may contact Melissa Rosebrock or me at (336) 771-5000. Sincerely, Sherri V. Knight Regional Supervisor, Aquifer Protection Section Delivered in person by/date: Received by/date- cc: North Carolina Department of Environment and Natural Resources ' AYA Division of Soil and Water Conservation Beverly Eaves Perdue, Governor Dee Freeman, Secretary Patricia K. Harris, Director Mr. Touger V ang 1400 Kellenberger Drive Greensboro, NC 27406 Dear Mr. Vang, �. rl NCDENR North Camlina Department of Environment and Natural Resources I accompanied the NCDENR Division of Water Quality's Melissa Rosebrock during her scheduled follow-up visit to your property (DWQ Facility Number 410031) on Friday, June 12' We met with Scott Vang and walked the entire property to assess the water quality concerns there. My involvement is 'to provide suggestions of management alternatives that may help you to comply with water quality regulations of the State. We spoke with Scott about several practices that could be beneficial in addressing the issues: First, buffers need to be established around the impacted stream by fencing out areas on either side of the stream and establishing vegetation. The buffers serve to filter out sediment and nutrients from water run-off from areas where animals are confined. Inside of the wooded area where the chickens are kept, a 50ft. buffer between the stream and the chicken fence should be appropriate if the buffered area is fully vegetated and water runoff does not flow through the buffer in channels, but is dispersed before it enters the buffer. For the pigs, they need to be moved from the sloping land immediately adjacent to the stream to a more level area of the nearby field(s). This will allow the establishment of a functioning buffer between the animals and the stream. An adequate buffer between the farm fields and the stream includes a 15-25ft. grass strip and at least 25 ft. of well -vegetated forest adjacent to the stream. Keep in mind these buffers may need to be modified or widened if they do not function as intended. • Secondly; the burial site for dead animals needs to be at least 300ft. from the stream and there needs to be 3ft. of soil on top of the buried animals. We identified two sites that would be acceptable for burial. We also talked to Scott about other mortality options including a dead pit or composting. Composting is being used quite successfully by a number of larger poultry operations in the State. When done properly it has very low odor and the end product can be applied as a fertilizer. Be aware that it may require a permit from the State Veterinarian's office (919-733-7601). ■ Additionally, to help avoid future water quality issues (if you intend to continue to keep a large number of animals in a relatively small area) I suggest that you develop a system for managing animal manure. One example would be to modify the chicken houses in the wooded area so that manure can be captured from underneath the wire floors and scraped and removed periodically to be applied as fertilizer. A rotational pasturing system would help to keep the chickens and pigs from removing all vegetation in the pen area and it would help limit the buildup of nutrients in 585 Waughtown Street, Winston-Salem, NC 27107 Phone:336-771-5000 FAX: 336-771-4631 non. -vegetated soil. Proper management of animal waste will also help reduce odors and insect pests. Based on my observations you will need to matte some changes in how the animals and their manure are managed at the farm in order to comply with the State's water quality standards. I've enclosed additional information that offers strategies to address the resource concerns listed above. Please contact me if I can be of further assistance. Sincerely, Joe Hudyncia NCDENR-Division of Soil & Water Conservation 585 Waughtown St. Winston-Salem, NC 27107 (336)771-5053 585 Wanghtown Street, Winston-Salem, NC 27107 Phone:336-771-5000 FAX: 336-771-4631 Touger Vang DV-2009-0025 June 10; 2009 Fig.1 Entrance to Touger Vang resilience located at 1400 Kellenberger Drive, Greensboro, NC. Parcel # 05-04-0247-B-0338-E --005. Fig. 2 Entrance to the "farm" is through gate on left in photo. Animals are located on Parcel #0504021900338SW001 Residence is to the right of vehicle (not in view). Fig. 3 Front and side view of the largest of the chicken houses or "coops." This house contains an unknown number of chicks. Mr. Vang's nephew estimates the population to be 100+. Fig. 4 Side and rear view of the largest of the poultry houses. Trees in background approximate the property line. Fig. 5 Close-up view of Figure 4. Note accumulation of liquid waste beneath the poultry house. Fig. 6 Animal waste is conveyed through a ditch behind the largest poultry house during precipitation events. Ditch is at least ten inches deep (noted by sample bottle). Fence in background is Mr. Vang's property line. Fig. 7 Burial pit for dead animals is located behind the largest poultry house. Fig. 10 View of the mid -area of the confined poultry and swine facility which contains several small poultry houses and various paddocks for porcine animals. There are an unknown specific number of animals but the owner estimates there to be hundreds of poultry animals. Fig. I 1 Swine lots containing at least 15 porcine animals. UT to Little Alamance Creek flows through the middle of the lots (red arrow). Fig. 12 Close-up of the poultry houses. The "coops" have wire floors so solid waste is not contained. UT to Little Alamance Creek flows through the middle of the confined M I.MI Fig. 13 and 14 UT to Little Alamance Creek seen flowing through the swine and poultry lots. Note severe stream bank erosion and denuded riparian area. Flow of stream is from right to left. Fig. 15 Flow of UT to Little Alamance Creek containing animal waste and sediment from the confined swine and poultry lots (in the background). Fig. 16 UT to Little Alamance Creek, containing the unpermitted discharge of animal waste and sediment, continues to flow from the confined swine and poultry lots (in the background). The unnamed tributary, a Class C NS W stream, originates on and flows through, Mr. Vang's property. The UT then flows onto a neighboring property, where it joins Little Alamance Creek Fig. 17 Same unnamed tributary, further downstream. Sediment, animal waste, odor, and sludge worms observed here. Fig. 18 Further downstream from the confined animals. Note excessive fungal growth. Fig. 19 Close-up of fungal growth. Fig. 20 Excessive fungal and algae growth due to the unpermitted discharge of animal waste from Mr. Vang's facility continues even further downstream. Approximate location of the "downstream" or "Vang Tributary" sampling site. Fig. 21 Confluence of the unnamed tributary ("Vang Tributary"or "Downstream") to Little Alamance Creek ("Upstream"). The waste odor is noticeable here and increases significantly as the proximity to the swine and poultry facility increases. Confluence is located on an adjoining parcel, some 425 feet downstream from the start of the UT. Fig. 23 Another view of the ibutary flowing from the Vang property into the confluence with Little Alamance Creek. Fig. 24 View of Little Alamance Creek upstream of the confluence with the unnamed tributary originating on the Vang property. Stream flow is from top of photo to the bottom. Fig.25 Close-up view of Figure 24. Note that there is no fungal growth, algae, sludge worms or excessive silt and sediment present in the stream. No odor was detected in the stream samples. Flow is from top to bottom in photo. Upstream sample location is denoted by red arrow. http://gcgis.co.guilford.nc.uslguilfbrd new/printPreview.aspx?PrintOptData=Guilfordo/o2oCounty,o/o2ONCIOIO�rwlfalse�rwifalse falsejI79998... Guilford County, NC Parcel Number 0504021900338SWO01 Plat Book Owner Name VANG TOLIGER Plat Page Mailing Address 1 & CATHERINE VANG J/T R/S Condo Book Mailing Address 2 108 S RIVER RD Condo Page Mailing Address 3 Total Assessed Value $22,200 Mailing Address City CASCADE Total Building Value $0 Mailing Address State VA Total Out Building Value $0 Mailing Address Zip 240692438 Total Land Value $22,200 Property Address 1323-Rl BAITY BEND RD Total Deferred Value $0 Legal Desc 1 5.57 AC FLEMING PROP Building Count 0 Legal Desc 2 Building Number Land Units 5.57+ Year Built Land Type AC Heated Area Deed Date 2/15/2007 12:00:00 AM Bedrooms Deed Document Type WD Full Bathrooms Deed Book 9277 Use Code Field Parameters and Sample Results Attachment F Laboratory and Field Sample Results Upstream of Discharge 4 Fecal coliform = 2 co11100 mL 2 DO = 7.55 mg/L 3 pH = 6.33 NH3 = .02 mg/L TKN = 0.23 mglL NO2+NO3 = 0.44 mg1L Total P = 0.06 mg[L Specific conductance =111.5 pslcm BOD = 2.0 mg/L Touger Vang June 10, 2009 Downstream of Discharge ("Vang Tributarx'� Fecal coliform =1,060 col/100 mL DO = 0.79 mg/L pH = 6.29 NH3 = 3.7 mg/L TKN = 4.8 mg/L NO2+NO3= 0.02 mg/L Total P = 0.84 mg/L Specific conductance =163.3 pslcm BOD = 5.2 mg/L I The NC water quality standard for fecal coliform is 200 colonies 1100 ml (maximum, geometric mean of five consecutive samples in 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. ' N04o Nou 009 - by — v lg� X4 Case o D v 00 d o g 5_ Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 410031 Facility Status: Active Permit: AWD410031 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Follow-up County: Guilford Region: Winston-Salem Date of Visit: 07/17/2009 Entry Time: 10130 AM Exit Time: 11:00 AM Incident #: 200901545 Farm Name: Touaer Vana Farm Owner Email: Owner: Touaer Vana Phone: 336-334-3383 Mailing Address: 1400 Kellenberaer Dr GreensboLQ NC 274QQ Physical Address: Facility Status: ❑ Compliant 0 Not Compliant Integrator: Location of Farm: Latitude: Longitude: Question Areas: 0 Discharges & Stream Impacts Other Issues Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Touger Vang Phone: 336-402-9910 On -site representative Choua Vang Phone: q 1� q IS-- 115 -7 Primary Inspector: Meli sa Rosebrock Phone: 11 — S000 Inspector Signature: Date: 1 Secondary Inspector(s): Page: 1 • • Permit: AWD410031 Owner -Facility: Touger Vang Facility Number: 410031 Inspection Date: 07/17/2009 Inspection Type: Compliance Inspection Reason forVisit: Follow-up Inspection Summary: 3, Still saw evidence of excessive fungal and algae growth in the stream, although the stream clarity appeared a little better. No sludge worms observed, Today's visit was to follow-up on the initial 6/1012009 complaint investigation. The owner was contacted this morning, about two hours prior to our arrival. Mr. Vang could not be present, himself, so we met with his brother, Choua Vang. New "dead hole" is located approximately 300 feet from surface waters. The previous burial site has been abandoned. No evidence of improper burial. Chicken coops and swine pens have been relocated 40-45 feet and 50 feet, respectively, from the stream. The geese/duck dam has been breached and water is now flowing. A small section of the buffer has been sowed and has grass about 3 inches tall (20x20 ft,), I told Mr. Vang's brother that the small portion of vegetation that had been established looked good, but that the entire buffer area needed to look like the established portion. His brother also stated that the chicken coops were being elevated so that a tray could be built underneath to catch the waste for use on their garden. It appeared that some coops had already been elevated, but no trays were observed. 33. Probably need to assure that adequate vegetation is established in buffer below confined animals. May want to re -sample fecal coliform and check 00. Page: 2 Permit: AVVD410031 Owner - Facility: Touger Vang Inspection Data: 07117/2009 Inspectlon Type: Compliance Inspection Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: Structure Application Field Other a. Was conveyance man-made? Facility Number:410031 Reason for Visit: Follow-up ❑ ■ ❑ ❑ 11 11 ❑ ❑ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ❑ ❑ c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) 01100 2. Is there evidence of a past discharge from any part of the operation? ❑ ■ ❑ ❑ 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a ■ ❑ ❑ ❑ discharge? Other Issues Yes No NA NE 28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ❑ ■ ❑ 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ■ ❑ ❑ mortality rates that exceed normal rates? 30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air ❑ ■ ❑ Cl Quality representative immediately. 31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ ❑ ■ ❑ 32. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ ■ ❑ ❑ 33. Does facility require a follow-up visit by same agency? ■ ❑ ❑ ❑ Page: 3 NCDENR Furth Carolina Department of Environment and Natural Resources / Division of Water Quality ayes Perdue Coleen H. Sullins Governor Director June 12, 2009 Mr. Touger Vang 1400 Kellenberger Drive Greensboro, NC 27406 Dee Freeman Secretary SUBJECT: Notice of Violation / Notice of Intent to Enforce Case Number: NOV-2009-DV-0186 Discharging without a Permit and Stream Standard Violation Facility #41-31, Permit Number AWD410031 Guilford County Dear Mr. Vang: On June 10, 2009 a representative from the State's Division of Water Quality (DWQ) Winston-Salem Regional Office (WSRO) visited your facility as a result of a complaint received by our office alleging the discharge of animal waste from your property and into an unnamed tributary (UT) to Little Alamance Creek, class C - Nutrient Sensitive Waters (NSW) of the State. This letter is to summarize the water quality, concerns and violations documented during our investigation. Stream samples were obtained during our inspection for the analysis of dissolved oxygen (DO), pH, specific conductance, biochemical oxygen demand (BOD), fecal coliform, and nutrients. Preliminary results indicate that there was no violation of the State's water quality standard for pH. The specific conductance measured 163.3ps in the stream that flows from the fenced animal lot behind your residence (labeled "Vang Tributary"). In comparison, the specific conductance was 111.5ps above the confluence with your tributary (labeled "Upstream"). We are awaiting test results for BOD, fecal coliform, and nutrients. Although there are no water quality standards for specific conductance, nutrients, and BOO, these parameters may still be used to help discern whether a particular activity is having an impact upon surface waters. It should be noted that the flow of water for the "Vang Tributary" originates within the fenced animal lot with no visual impactor run-off observed from the adjacent, uphill, property. However, the DO in the "Vang Tributary" measured only 0.79 mgll while the "Upstream" DO was 7.55 mgll, Be advised that NC Water Quality Standards dictate that the DO shall not be less than a daily average of 5.0 mgll with an instantaneous value of not less than 4.0 mg/l. The above referenced DO result of 0.79 mgll constitutes a North Carolina stream standard violation. Additionally, the failure to acquire a permit prior to causing or permitting "any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications" also violates North Carolina General Statute 143.215.1. Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: 336-771-50001 FAX: 336-771.4631 I Customer Service: 1-877-623-6748 Internet: www ncwaterquality,org AMMAY ocehCarolina An Equal Opportunily 1 Affirmative Action Empioyer Vang NOVIN01 • • June 12, 2009 Page 2 Our visual observations and photographs document tremendous fungal and sludge worm growth within the entire length of the "Vang Tributary" as well as up to five inches of deposited sediment. Additionally, staff detected a very strong, pungent, waste odor, beginning just downstream of the confluence with the "Upstream" tributary and increasing to near the animal burial site. On the date of our investigation, in fact, staff observed that at least one carcass had not been properly buried and that recent burrowing activity by other animals had occurred. Additionally, the burial site was only 75 feet uphill from flowing waters. Both of these infractions are violations of NC General Statute 106-403 and have thus been referred to the NC Department of Agriculture and Consumer Services -Veterinary Division. It is the State's expectation that the conditions causing the unpermitted discharge of animal waste into the UT to Little Alamance Creek will be abated immediately. Per telephone conversations with staff (Ms. Melissa Rosebrock) on June 10, 2009 it is our understanding that the birds, poultry, swine, etc. are to be moved to a suitable location by July 1, 2009. Permanent vegetation should be established around the re -located animal lot to help prevent the run-off of sediment and waste in the future. The above referenced violations for DO and unpermitted discharge to waters of the State are subject to civil penalties of up to $25,000 per day, per violation. The Division's Winston-Salem Regional Office intends to pursue enforcement action through the Director for the referenced violations. If you have reason to believe that these violations were caused by events or circumstances beyond your control, you should include any such justification, along with your written response, to this Notice within ten (10) days of receipt of this letter to the address contained on this letterhead. Your response to this correspondence will be considered in this process. If you any questions regarding these matters, you may contact Melissa Rosebrock or me at (336) 771-5000. Sincerely, -r"4,t.-� Sherri V. Knight Regional Supervisor, Aquifer Protection Section Delivered in person by/date: &log0q Received byldate: cc: Larry Wade - APS Animal Feeding Operations Unit Millie Langley - Guilford County SWCDINRCS Dr. David Marshall - NCDA&CS- Veterinary Division Ken Carter - Guilford County Health Department DWO-APS Central Files WSRO Facility Files North Carolina Department of Environment and Natural Resources Division of Soil and Water Conservation APY1A Beverly Eaves Perdue, Governor Dee Freeman, Secretary Patricia K. Harris, Director Mr. Touger Vang 1400 Kellenberger Drive Greensboro, NC 27406 Dear Mr. Vang, NCDENR North Carolina Department of Environment and Natural Resources I accompanied the NCDENR Division of Water Quality's Melissa Rosebrock during her scheduled follow-up visit to your property (DWQ Facility Number 410031) on Friday, June 12`h. We met with Scott Vang and walked the entire property to assess the water quality concerns there. My involvement is to provide suggestions of management alternatives that may help you to comply with water quality regulations of the State. We spoke with Scott about several practices that could be beneficial in addressing the issues: ■ First, buffers need to be established around the impacted stream by fencing out areas on either side of the stream and establishing vegetation. The buffers serve to filter out sediment and nutrients from water run-off from areas where animals are confined. Inside of the wooded area where the chickens are kept, a 50ft. buffer between the stream and the chicken fence should be appropriate if the buffered area is fully vegetated and water runoff does not flow through the buffer in channels, but is dispersed before it enters the buffer. For the pigs, they need to be moved from the sloping land immediately adjacent to the stream to a more level area of the nearby field(s). This will allow the establishment of a functioning buffer between the animals and the stream. An adequate buffer between the farm fields and the stream includes a 15-25ft. grass strip and at least 25 ft. of well -vegetated forest adjacent to the stream. Keep in mind these buffers may need to be modified or widened if they do not function as intended. • Secondly, the burial site for dead animals needs to be at least 300ft. from the stream and there needs to be 3ft. of soil on top of the buried animals. We identified two sites that would be acceptable for burial. We also talked to Scott about other mortality options including a dead pit or composting. Composting is being used quite successfully by a number of larger poultry operations in the State. When done properly it has very low odor and the end product can be applied as a fertilizer. Be aware that it may require a permit from the State Veterinarian's office (919-733-7601). ■ Additionally, to help avoid future water quality issues (if you intend to continue to keep a large number of animals in a relatively small area) I suggest that you develop a system for managing animal manure. One example would be to modify the chicken houses in the wooded area so that manure can be captured from underneath the wire floors and scraped and removed periodically to be applied as fertilizer. A rotational pasturing system would help to keep the chickens and pigs from removing all vegetation in the pen area and it would help limit the buildup of nutrients in 585 Waughtown Street, Winston-Salem, NC 27107 Phone:336-771-5000 FAX: 336-771-4631 non -vegetated soil. Proper management of animal waste will also help reduce odors and insect pests. Based on my observations you will need to make some changes in how the animals and their manure are managed at the farm in order to comply with the State's water quality standards. I've enclosed additional information that offers strategies to address the resource concerns listed above. Please contact me if I can be of further assistance. Sincerely, Joe Hudyncia NCDENR-Division of Soil & Water Conservation 585 Waughtown St. Winston-Salem, NC 27107 (336)771-5053 585 Waughtown Street, Winston-Salem, NC 27107 Phone:336-771-5000 FAX: 336-771-4631 �7VV 1 LAI 4 Spalding Fly Predators 4 � F'� 1 , ..rf�p '- i � ^��r V .� �: t _ i,df�p.,;T ♦t l �'� F�' Y. to U WO !� s D I if "I've been fighting flies a long time but this past year, our first with Fly Predators, was the best control we've ever had." .x .---,hunaa Krlrhlcr Itutlr srrlr. Scutt +'r•t r• ` 46almit Muss Fnrms. Dudicy. dl,1 ��., • See Fly Predator resultsfor,Noursef onpages r-, 15 . , y Fly Predators Are The Cost Effective Fly Predators are not a magic 'new' fly control product. They are perhaps nature's Solution For Real Fry Relief original fly control. You almost certainly have some of the species that are included in our Fly Predator* brand beneficial insects already working for you on your It happens every summer. You hope that the flies won't be too bad, but then almost property. They're part of the reason you aren't literally knee-deep in flies. You may overnight, they're back and yes, its a bad fly year again. You rush to put bait out, have way too many flies, but without these good bugs, it would be far worse. pour the cows, put new reels on the sticky tape roller, add traps and maybe in desperation call the spray guy. king over" thefly's 7K -z and this kills As usual, none of this works very good or for very long.the Your cows are miserable, bunching, swishing tails, iurefly, By keeping #od Fly Predator stomping feet. Yourwifeis not happy either with flies In her house. And worse those flies are also'costing . ;-A, you a surprisingly significant amount of MONEYI If this r releases, the • ' . sounds familiar why do that again? pest fly P .. Getting rid of flies after they have hatched and built up nearlya tremendous populationis . like balling a sinking boat -- with a teaspoon. "There ai a just to many flies by that' 'time "and many. many more on the way. Instead>ry stopping [lies before they have a„chance to'.. ` reproduce and build-up to problem levels. You can do F!y PraTnto `eu e ° never this . this by good manure management to make it Iess "fly bother people or animals. You'[i: < friendly" and addinj Fly Predators. Fly prevention is hkefn newr see them- but ueu When left in a natural state only 2% to 4% of fly eggs usually survive to the pesky flying stage. A big part of this high mortality are Fly Predators, which are parasites. But Fly Predators don't want to get rid of every fly as they need the fly's pupae (cocoon) to reproduce. Or their populations may have been decimated from' 'Pesticide use. By simply increasing the ratio of Fly Predators to pest flies you can dramatically suppress the flies. They do.the work and you enjoy the benefit There's no downside as the zFly Predators do not . bother either people or animals. A keybenefit is you "We saiu big,d�'ere m s ' . My 1°redators.sThe animals were, stop flies before they have a chance to reproduce:, A much more. comfortable. We like 'i 446 survival rate means you* got around 15'new flies them because �uW are not using 4 coming for every one you see today as each female fly }'chemicals. our 11-year oldwas in can lay up to" 900 eggs. That's why, controlling flies by ch°rge of putting them out. i � _ can't imagine going` a fly season r attacking just the adults with sprays baits, traps. etc. .-Without using them is almost always a losing battle.— � W Dau =Will Fly Predators alone control every dairy. feedlot or range cattle's fly problem all by themselves? They could, but you d need more An Ounce of Fly Prevention Starting in Spring is Worth Pounds of Cure Come Summer The best way to control pest flies is to eliminate them before they ever emerge. That way they never get a chance to reproduce. By starting regular weekly My Predator releases just as the weather turns warm and continuing until it cools down, you can "manage" your flies and keep their population from ever becoming a big nuisance. Complement this by making the "hot spot" fly breeding areas on your farm unsuitable for fly reproduction and you'll even further reduce the fly population while using the most cost-effective number of Fly Predators. The economics can be quite attractive and so can enjoying the summer with very few flies. The proverbial ounce of prevention can mean many extra pounds of milk and weight gain, too_ Good Fly Control Can Pay For most confinement dairies 1,000 Fly Predators per animal per month provides good control. For Graziers and Organic dairies, 1,500 Fly Predators per animal are suggested, for feedlots 750 per head. Some customers have reported satisfactory results using less than these amounts while others utilize double this to reduce all flies to the minimum. This works out to between $.87 to $3.00 per animal per month during the warm months depending on quantity ordered and usage rate. The biggest variable for how many Fly Predators are required is the manure management and sanitation at each facility. It is not hard to make a facility sub -optimal for fly reproduction, but is even easier to do nothing and make it an optimal fly factory. The additional milk production, weight gain or less doctoring needed with hardly any flies may more.,than pay for your Fly Predators. Fly Predators Are Quick and Easy -To -Use Every week or every other week, during warm weather months we will ship 25%-50% of your monthly requirement of Fly Predators. Simply release them near all areas where fly reproduction "hot spots" are occurring. These are typically the areas with moist manure, spoiled feed and other breeding sites. They are easy to find by checking for fly larvae (maggots). During your regular walkabout youll be doing your fly control. No Flies, No Pink Eye, No Pesticides, No Worry Think about all the work that [lies cause you. The endless spraying, pour-ons, fly baits, sticky tapes and traps. None of these are very effective for long periods of time and they don't address the source of the pest flies. Also, in quite a few areas, the fly population has become resistant to many of the available pesticides. ., The biological approach is a dramatically different way of attacking your fly problem. Unlike pesticides that typically only affect adult flies (which likely have already laid hundreds of eggs insuring more flies in 10 days) Fly Predators target the pest fly pupa (cocoon) stage killing the immature flies before they emerge. Spraying your barn can actually make the flies worse as it kills all the 0 beneficial insects, like Fly Predators, beetles and mites, that Easy -to -use. Just provide a significant amount of fly control on their own. sprinkle Fly Predators from the convenient Using Fly Predators also completely avoids any potential sealed pouch they adverse side effects associated with pesticides for your family come in near all areas or animals. Just reading the warning label on almost any fly with moist manure or pesticide is perhaps the best advertisement for biological spailed feed. A� control. By contrast there is no warning label for the species In Fly predators and in over 35 years of commercial use no known adverse effects nor resistance by pest flies. Call 1-888-562-5696 Today To Schedule Call to discuss starting a biological fly management plan optimized for your operation. We have one of the most experienced team of advisors, with decades of experience with small and large animal facilities nationwide, to help you plan and manage a fly control program optimized for your operation. Dori t delay as the best time to start is before pest fly populations have reached the problem level. Fly Predators can be started after you have flies, but since Fly Predators stop the next fly generation, youll have to put up with the flies that were around before Fly Predators arrived for about a month until they die off. You'll also likely need to double or triple the first few shipments to catch up. 5 What Are Fly Predators? Fly Predators are natures own enemy of all common manure and rotting organic matter breeding pest flies, including the common House Fly, Horn Fly, Biting Stable Fly and Lesser House Fly. In the natural environment Fly Predators serve as a major check of pest fly populations by destroying the next generation of flies in their immature pupa stage. Most locations likely have some of the species in Fly Predators s9t Fly already, but unless supplemented regularly, they cannot provide the nearly total fly suppression people prefer. Fly Predators are tiny, completely biteless and t, stingless. They never become a pest themselves. After +WFly Predator A., they've emerged, their single-minded pursuit is to reproduce by fording pest fly pupa. Because of their '- Shown apprcrximutety 2.5X size small size and the fact they live their entire life cycle on or near fly larval development sites, such as manure and decaying organic matter Fly Predators go virtually unnoticed. Long Term Preventive Area Fly Control Any area where flies breed in manure or decaying organic matter can benefit from using Fly Predators. The key goal is to maintain a sufficient Fly Predator population to stop each succeeding generation of pest flies. Because flies reproduce nine times faster than Fly Predators do, adding supplemental Fly Predators every week to two weeks during warm months keeps the population balance necessary for good fly control. You must release enough Fly Predators to control all the fly reproduction in the area. You treat the farm, not the barn. For example, ordering Fly_Predators for just your calves, and not the milk cows or heifers will not be sufficient as the flies that reproduce in those other animals' JrTM' manure will easily reach your bam since a pest fly can' travel 1/4 mile or further. "We used Fly Predators for a the first time lost year and um were pleased with them. We saved $2,500 a year compared to spraying every two weeks and got ' >N equal or better results." --BJ mater, Lauren Dairy Mdknburg, OH For animals rotationally grazed. release Fly Predators weekly into pastures the crows have been on for the past 3 days and those they will be in the next 4 days. With range cattle many will just treat the area nearest the home, barn and closest pens realizing that some inward migration of [lies will occur, but accepting the improvement this alone offers. Proven Highly Effective The species used in Fly Predators have been proven effective by both scientific tests and from decades of actual usage. Our satisfied customers include the country's largest equine facilities down to backyard horse owners as well as Iarge and small dairies, ranches, poultry farms. zoos, feedlots, show and rodeo grounds, fairs, and many more. Any location where there are critters producing manure or there is other rotting organic matter Fly Predators can help keep it fly free. Our 33rd Year of Satisfied Customers For over three decades Spalding Labs has supplied Fly Predators brand beneficial insects to livestock owners nationwkde. The comments throughout this catalog are from on -site visits or last year's 'Report Card- where we asked all customers to rate how their Fly Predators were working. You can read thousands of customer Easy To Use Nothing could be easier. Just sprinkle Fly Predators out of their sealed, see -through shipping pouches near manure and other pest fly breeding areas each week or every other week during warm weather. Fly Predators are shipped in the immature stage. inside a pupa (cocoon) which looks like a black rice kernel in a mixture of wood shavings. A few days after arrival they'll begin to emerge and then you release them. Fly Predators will not fly to, crawl on or otherwise bother you or your animals. Start Regular Releases Early Keep in mind that it is much easier to PREVENT a buildup of pest flies than it is to rid yourself of them once they have multiplied to intolerable levels. It's best to start when the daytime highs get into the high 600F's.'Ihis is BEFORE the first [lies begin to appear. `then continue with Fly Predator shipments every week stopping when the temperature drops down into the low 60's at the end of fly season. While Fly Predators stop pest flies from reproducing, they do not affect existing adult (lies. So you can't expect a fly -free environment immediately following the first Recommended Coverage Over the past years we've found that theses quantities of Fly Predators provide a good starting point for dairy and livestock operations. Our livestock customers, most of the time, report good to excellent results at these usage levels. Most release one-fourth of this amount of Fly Predators every week. However, the number of Fly Predators needed varies not only with the number of animals, but also the manure man- agement practices, the size of the property, the weather and the severity of the existing fly problem. Much more on this in the second part of this brochure. Briefly, the more moist manure around or spoiled feed, the more flies youll have and the more Fly Predators that will be needed. Please call us at 1-888-880-1579 to tailor a program to your requirements. Free Double Up Bonus�j Order five months of shipments and we w quantity of your Fly Predators in two of th free. Order nine months and receive four 1 50% more Fly Predators for free. This helps when the fly pressure is the greatest during months. It's also a built-in 2M6 discount._ Helping Your Fly Predator Program Flies need a moist medium (between: 40-60% moisture) to successfully, reproduce. By making the man' wet as in a lagoon, or too dry by spreading it thinly; or too hot b'1.1y4pu it in a compost pile you can rrlakAm enormous difference in your fly laa alone and reduce the Fly Predators needed. For the same reason, r- u� had much more rain than �._. additional Fly Predators may be . for a few shipments. Fly Predators are what biologists call parasitoids. That is, they are classified somewhere between predators and parasites. Like other parasites, Fly Predators are much smaller than their pest fly host However, the effect the Fly Predators have on the pest fly's population is exactly like a predator in that the Fly Predators kilt the immature pest flies. Technically Fly Predators are tiny Hymenopteran insects of the Pteromalidae family, a family that contains many of the world's beneficial insects. These are pupal parasitoids as they attack the pest fly's pupa stage (the cocoon that houses the pest fly during its metamorphosis from larva tc full-sized adult). Fly Predators are sometimes referred to as parasitic wasps, but unlike other Hymenopteran insects, such as bees, wasps and ants, Fly Predators are completely biteless and stingless. Currently the mixture of species marketed under the trade name Fly Predators include: SpaIangia camerortL Musc&ftfuruxzaroptor, Tridwaialopsis, Muscidyin= raptorellus and at times insignificant quantities of other fly parasitoid species. 'lids balanced mix of multiple strains and guaranteed yield from the most advanced quality control techniques means you can always count on the best results with ..Spalding Fly Predators. Predators never become a pest themselves. Being ssive insects, they do not crawl all over you when ng handled, nor will they migrate into living quarters pest flies do. Since Fly Predators live their entire cycle on or near the surface of manure and other saying organic matter, and because they are so small on a fly Pupa, ready to in size, they go virtually unnoticed. deposit her eggs in it. This When they are released near fly breeding sites, the kills the immaturefly. ty. female Fly Predator searches through the area seeking out the fly's pupa. After locating one, she drills a hole in the pupal case, inserts her ovipositor, and deposits from one to a dozen eggs inside. After her eggs are deposited, she obtains nourishment by ingesting the fluids of the developing pest fly. The female Fly Predator then moves on and repeats the process until all her eggs have been deposited. The Fly Predator's eggs that were deposited Inside the pest fly pupa will develop into mature adults within 14 to 28 days. The pest fly larva is consumed as a source of food by the developing Fly Predators. Immediately upon emergence the Fly Predators mate and start the cycle all over again. The life span of the female Fly Predator ranges from as little as two weeks to as long as one month. She will live just long enough to deposit all of her 50 to 100 eggs. 10 When the pest fly's population is under control and only a few pest fly hosts are available, the female Fly Predator has the ability to reabsorb her eggs as a source of nourishment and thus is able to live up to a month while searching for pest fly pupae. Fly Predators occur worldwide and in natural situations they are a major factor in the control of pest flies. However, where man has congregated domestic animals the presence of Fly Predators is often much rarer. One reason for this is that Fly Predators have not developed the immunity to pesticides that the pest fly has. As there is no known method of fly control that offers lUi % eradication of pest flies, Fly Predators do not totally eliminate the fly problem, they minimize it Also, Fly Predators usually only disperse themselves 150 feet from where they have emerged, whereas pest flies migrate much farther, which means there will always be some pest flies coming in from neighboring uncontrolled breeding areas. Put Fly Predators to. Work For You, This Year Call or Order Online Today -, f 760 Printz Road, Arroyo Grande, CA 93420 Phone Orders an quotes: 1-888-562-5696 5AM TO 7PM Monday to Saturday Pacific Time Fax quote To: 1-866-738-9632 or 1-805-489-0336 www.spaidinglabs.com All Fly Predator orders are shipped UPS Ground, UPS 3 Day, UPS 2 Day Service or LISPS Priority Mail with live delivery guaranteed. Delivery cost for under 50.000 Fly Predators each shipment is $6.50 per shipment Shipments sized 50,000 to 95,000 are $12.50, shipments 100,000 to 245.000 are $25.00, and shipments 250,000 and Luger are at our net UPS cost You may order for the entire By season or one shipment at a time, but ordering far the season Is easier and much preferred. see our website for suggested optimum start/stop dates for your area Any unshipped order may be canceled or rescheduled without penalty. Please call the day before the scheduled ship date. If paying by credit card we will hill for the amount of each shipment Cards are billed 7 days prior to shipment. For open account orders payment is due on the 10th of the month for all shipments in the prior month. Fly Predutorprices are based on the quantity per month and not on the total quantity ordered for the season. Sold in multiples of 5,000 with 5,000 rrdn&nurn shipment I ! I I I I 0 41 6i !a 0 Here is the information we need to recommend the most optimum Fly Predator program for your operation. You may either fax this to us and we will call you back within the next 2 business days or simply call us. Warne Farm Shipping Address city Phone ( ) E-Mail State Zig 40 Best time to call Please enter "Catalog Code" from bottom of front cover Total of ALL animals at your facility: Adults Medium Heifers Small Calves Hutch calves List all others Fly Control Goal: Reduce Flies to the Minimum ❑ Most Cost Effective ❑ Confinement: Yazd ❑ Grazing/Pasture ❑ Other Rotational: Grazing ❑ Rotation Schedule ❑ Size of all Pastures Barn type: Free Stall ❑ Pens ❑ Open ❑ Other Manure management: Scrape ❑ Flush ❑ None ❑ Other Manure Storage: Lagoon ❑ Pit ❑ Pile ❑ Removed ❑ Other Does the lagoon have a solid cap? Yes ❑ No ❑ Partially ❑ Bedding: Dry Bedding ❑ Sand Bedding ❑ Other New bedding added on top without removal of older bedding? Yes ❑ No ❑ Old bedding removed frequently: Yes ❑ No ❑ How Often Number of animals on bedding: Large Medium Small Size of all Pens Acres Animals per pen_ Manure stored on site? Yes ❑ Pens are cleaned: Annually ❑ Each Turn ❑ Other Total Acreage Do you want to control entire acreage? Yes ❑ No ❑ Just control area within 114 mile of house/barn? Yes ❑ No ❑ • 12 13 �� Eater T@Tff9@ROO fro mog r� l rery s mt iii.,, visit eu$tAmerB'all across the oou ntry during the.pealC Of fly season - _ r s - -nie photos on this page are un-retouched - • close ups from tlfe farms of some of the4.0 folks we visited to 2008. E F. Lwift AR _fi• � .- -. _.. _':r^�'-�3=r a!5-.=?,."ram., �F -',� ��.., I...f" • f _fir f - ,. July 16th: Ak+on. IN - s July lst, Fartad , 4� w-9 �.:� _ r _�....• ._ sue- - - �y 4 Ow - ..nr�-^i�v = —mr— _ '':.� ... '�-_ '. ire i ... —�+r.. ;--;,.mc+.., +•ate '?s" m�� a - iirm ? ,��._' i• :6`,.. a e: •, - 7"-, _ _-_ - :.-:-. , �may1 m.m. M� �yAMt lR. Bun - t4 ?-��94g@•1y. vi c+ N��iR,• - % Incident Report , MWFi > _R_ a Report Number: 200901545 Incident Type: Complaint On -Site Contact: Category: APS - Animal First/Mid/Last Name: Scott Vang Incident Started: 05/28/2009 . Company Name: County: Guilford Phone: City: Pager/Mobile Phone: 1 Farm #: 410031 Responsible Party: Reported By: Owner: First/Mid/Last Name: Donald Trapp Permit: Company Name: Facility: Address: 1404 Kellenberger Dr First Name: Touger Middle Name: City/State/Zip: Greensboro NC 27406 Last Name: Vang Phone: (336)312-6272 Address 1400 Kellenberger Dr Pager/Mobile Phone: 1 City/State/Zip: Greensboro NC 27406 Phone: (336)334-3383 Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable Qty. kgs. DD:MM:SS Decimal Position Method: Navigation quality GPS Latitude: +36°03'13" 36.053600 Position Accuracy: Nearest Second Longitude:--79°40'28"-79.674400 Position Datum: Unknown Location of Incident: Touger Vang Property Address: 1400 Kellenberger Dr CitylState/Zip Greensboro NC 27406 Report Created 06/30/09 08:15 AM Page 1 • • Cause/Observation: Directions: Poultry (hundreds of birds, chickens and ducks) and hogs (at 1-40 East to McConnell Road Exit # 226. least 15). On site 12pm until 1350 hrs. Started calibrating at Right onto McConnell. 10:30am and put samples in courier box at 1530 hrs. Travel approx 2 miles and turn left onto Kellenberger Drive. Last house at the end of the gravel road. ?a«e � � as Oq- 9(� 4 ? B ,0 3 �319 Action Taken: Comments: Various photos and stream samples were obtained for analysis DWQ visited site on 6/10/09. Tributary originating on Vang's property of fecal coliform, pH, DO, specific conductance. BOD, and (about 150 yrds long) contained numerous sludge worms and excessive nutrients. orange fungal growth. Odor was particularly bad near burial pit, which was only 75 feet uphill from the UT. Lots of Ries observed in the area as well. One improperly buried bird was observed. This was reported to Dr. Earl Sheppard, with the State's Vet Div. Dr. Jimmy Tickle to investigate. NOVINOI to be sent for discharging without a permit and for 00 below the state's WQ standard. Mr. Vang was given until July 1, 2009 to move all animals away from the stream. Incident Questions: Did the Material reach the Surface Water? Yes Conveyance : Unnamed tributary Surface Water Name? Little Aiamance Creek (Guilford C Did the Spill result in a Fish Kill? Unknown Estimated Number of fish? If the Spill was from a storage tank indicate type. (Above Ground or Under Ground) Containment? No Cleanup Complete? Unknown Water Supply Wells within 1500ft : Unknown Groundwater Impacted : Unknown Event Type Event Date Due Date Comment Incident closed Requested Additional Information Report Entered 2009-06-12 08:17:00 Inspection or Site Visit Conducted 2009-06-10 12:00:00 Report Created 06/30/09 08:15 AM Page 2 • • Incident Start Report Received Referred to Regional Office - Primary Contact Standard Agencies Notified: Agency Name Phone Department of Agriculture (919)733-3556 Ext. Other Agencies Notified: Agency Name Phone Regional Rep for State Vet (919)740-8741 Ext. DWQ Information: Report Taken By: Melissa Rosebrock 2009-05-28 09:00:00 2009-05-28 09:00:00 2009-05-28 09:00:00 First Name M.I. Last Name Contact Date First Name M.I. Last Name Contact Date Earl Shepherd 2009-06-10 03:30:00 PM Report Entered By: Regional Contact: Michael M Mickey Melissa Rosebrock Phone: Date/Time: 2009-05-28 09:00:00 AM 2009-06-12 08:17:00 AM 2009-05-28 09:00:00 AM Referred Via: Phone Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 06/30/09 08:15 AM Page 3 • 92.6% of Americans get this question wrong!