860023_CORRESPONDENCE_20171231

Animal Wast Storage Pond and Lagoon Closu Report Form
(pleas* or print all information that does not require nature)
General Information:
Name of Farm: 1
Owner(s) Name:_
Mailing Address:
Facility No:A I - -)
Phone No: 33G • a 00 - I V 7l
O eration Description(remaining animals only).
Please check this box if there will be no animals on this farm after lagoon closure. If there will still be animals on the site
after lagoon closure, please provide the following information on the animals that will remain.
Operation Description:
Type of Swine, No. of Animals
o Wean to Feeder
o Feeder to Finish
o Farrow to Wean
o Farrow to Feeder
o Farrow to Finish
o Gilts
o Boars
Type of Poultry No. of Animals
o Layer
o Non -Layer
Type of Beef No. ofrtnimals
o Brood
o Feeders _
o Stockers
Other Type of Livestock:
Type of Dairy No• of Animals
o Milking
•Dry
• Heifers
o Calves
Number ofAnimals:
Will the farm maintain a number of animals greater than the G.S. § 143-215.10B threshold? Yes o -No*
Will other lagoons be in operation at this farm after this one closes? Yes o No •,
How many lagoons are left in use on this farm?:
(Na rne) 1` 551} Re 5e be oc, L of the Water Quality Section's staff in the Division of
Water Quality's W wslo yv Aler`1 ' Regional Office (see map on back) was contacted on f 7 ' 1 i • 0 -% (date)
for notification of the pending closure of this and or lagoon. This notification was at least 24 hours. prior to the
start of closure, which began on (date).
I verify that the above information is correct and complete. I have followed a closure plan, which meets all MRCS
specifications and criteria. I realize that I will be subject to enforcement action per Article 21 of the North
Carolina General Statutes if I fail to properly close out the lagoon. .
Name of Land Owner (Please Print):16N1,_N
Signature:--& a� _. _„ Date: a -0
The facility has followed a closure plan which meets all requirements set forth in the NRCS Technical Guide
Standard 360. The following items were completed by the owner and verified by me:. all waste liquids and
sludges have been removed and land applied at agronomic rate, all input pipes have been removed, all slopes have
been stabilized as necessary, and vegetation established on all disturbed areas.
Name ofTechnZ�'114J
Specialist (Please Print):.__ .��_G_ �
Affiliation:
Address (Agency): P 0 bi /v C 7017 Phone No.: 336' 3 U ZL/,Y3
Signature: ` Date;
Return within 15 days following completion of animal water storage pond or lagoon closure to:
N. C. Division Of Water Quality
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh- NaIA22-1636 _
PLC -I May 4, 2007
1

Keith Stevens Waste Pond
40 0
Subject: Keith Stevens Waste Pond
From: Mike Mickey <[e-mail]>
Date: Mon, 11 Jun 2007 11:43:56 -0400
To: Tony Davis <[e-mail]>
CC: Melissa Rosebrock <[e-mail]>
Tony - Just a heads -up - You may be hearing from Tony Greene. I talked with him
today about erosion issues along the Mitchell and also mentioned that federal
dollars may be available to assist with closing out the old waste pond. His cell
## is [phone] if you need it. Mike.
Mike Mickey
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Main Office: [phone]
Voice: [phone] FAX: [phone]
1 of 1 6/11/2007 11:56 AM

-4
• i Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 4, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Keith Stephens
Stephens Dairy
165 Oak Lane
State Road, NC 28676
Alan W. Klimek, P. E., Director
Division of Water Quality
RECEIV 1)
N.C. 0ept, of ENq
AUG 0 6 2004
egional Office
Subject: Facility Number:86- 23-National Pollution Discharge Elimination System
(NPDES) General Permit
Dear Keith Stephens:
The Division of Water Quality (Division) has been required by the U.S. Environmental Protection
Agency (EPA) to develop a NPDES permit program for animal waste management systems.
The Division has developed a general NPDES permit similar to the state Non -Discharge
General Permit that this facility is currently permitted under. Pursuant to the requirements of
North Carolina General Statues §143-215.1, 40 Code of Federal. Regulations §122.23, and the
Memorandum of Agreement between, North Carolina and the U.S. Environmental Protection
Agency dated May 9, 1994, coverage under the General NPDES permit is required of all
facilities that have had a discharge of wastewater reaching Waters of the State.
According to our records your facility meets the requirement for an NPDES permit based on the
discharge criterion. Please sign and submit the enclosed NPDES Short Form B — Existing
Facility. Please carefully follow the instructions on the form.
Please submit completed enclosed application within 60 days from receipt of this letter. Failure
to submit the application as required may subject your facility to a civil penalty and other
enforcement actions for each day the facility is operated following the due date of the
application.
If you have any -questions about the new NDPES permit, the enclosed applications, or any
related matter please feel free to contact J R Joshi at 919-733-5083 ext. 363.
Sincerely,
M. Paul Sherman, P.E.
Cc: Surry County Soil and Water Conservation District
cWSRO Fleglona! Office, Division of Water Quality
Permit File AWC860023
Non -Discharge Permltting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Customer Service Center
An Equal Opportunity Action Employer
Internet http:/lh2o.enr.state.no.us/ndpu
Telephone [phone] Fax [phone]
Telephone [phone]
50% recycled/100/6 post -consumer paper

Possible Waste Storage Pond Closure: Keith Stephens Dairy
Farm Credit Owner
The North Carolina Agriculture Cost Share Program paid for the construction of the WSP
built by Ronald Southern. Keith Stephens was also paid to bring the WSP up to standards
for 0200. Current rules would not allow any funding from the North Carolina Agriculture
Cost Share Program to close this facility.
Farm Credit could sign up for EQIP although the contracts being funded are scoring
above 100. A waste storage pond closure scores 20. Changes in funding or how the
ranking form is completed could change this score for future ranking periods. The current
ranking period is closed. It will be sometime in early summer before we have additional
funds. If I can provide any father assistance let me know.
Greg Goings .0 Dept. 0i
USDA-NRCS 2004
MAR 2 4
Winstc�al C?#fi e
Regional

-.
U.S. DEPARTMENT OF AGRICULTO
• NC-CCC-1201
October 2003
(Surry County) EQIP Application Worksheet - FY 2004
tf 1 i P:' I I 4i I: } i I II 1:1 tI: S 11'. 1 - g i" 4 3-,i." i -!!' 4,� Woo l I.SP'I. f
PI jj, i'(.. I�:.,:. {i � .. 't' � i '<:�E- i` 3 E "➢!°,� " y _-°I I -- 1 t '. ; •.e r '�{ { {
VAPPLICATIONJWFORMATIONi,} g ,I l ;It i ,l ,
iat•, _•, rl�If� !iilii I' 1 _' +:l1 a.,t "l6,t, Il , J 1,! �r,:.Ir y..•,. a �5�
Applicant Name: Farm Credit
Applicant Address:
City; - Stele: by Code:' .
Applicant Phone:
Resource Concern Code:, WS2
Tract(s):
Is Applicant a Limited Resource Producer: (Yes,No) NO
Is Applicant a New or Beginning Producer: (Yes,No) NO
Has Applicant Ever Had A Previous EQIP Contract?(Y,N) Nb
ss 1 tt:'' e € P.. :; .,. I E .' c ii t'.'. -"s,s . _, DEL"�: I :, iP':. •. u! r Pi i i :..:.,..
i�:3 �if 4i,- 3-, alt 1: i f'il.i:,.:'.1 I �. ,.i31 --:. t 8.. [�:-;.:Ffi 66 k68 it-. , '',. CAE ', 3 I' e:lEi4',l Ili t '- �i:Ist E{�§ ,t_ :::: t P:. li.:➢t.E } I it.t.: E{i". " t -t .fey E l t,.. 8 : 3 .l. " i i S ... Ir 1. :- SA ➢� ! 4
II;"RESO,URCE''CONCERNS•�!Rankg1''§;1WtkS;beln'I1146,fill'leB`t9conce'Irn zll�±li9fl!i:s i !'i"li',i41° I a 'iiiax ''Iti�rxkiila`aa'a;
Resource Concern Ranked by Local Working Group)
Rank* List Resource Concerns Application Addresses
9
7
6 d
Soil Erosion/Sedimentation
Grassland/Livestock Mgt.
Animal Waste/Mortality
Wildlife Habitat Develop ment/M t.
3 Pre -Rank of ADD lication
(High,�Medium, Low):
/Nu.r.- tr, t.
Water Quality/Nutrient-Pest
Qual"i nt-P.ry'a es
Mk
,ie
It
1
' u3�4
IPt [ik "ikf
A. 4 !6 yI4l.
E rc 'Select
t`
'I
��.lI' + 1 t ,Ii(k
{A. ! ti°
PRAC,TICES,'FROM TIERFOWTHATARE NCUDED,,ON�THE"APPLICATION€ CCC=1,11;
Practice '
Code
Name of the Practice
Rank of Resource Concern From Above Which is
Impacted by This Practice
Points
4
x
0
=
0
4
x
0
0
4
x
0
=
0
4
x
0
=
0
4
x
a
=
0
4
x
0
0
4
x
0
=
0
?. W14" ^r< ':..(y -, - f p. a 1 r;
i3 'IPIil e 1 t L {, tRR'ak 'T' . Ge• Iy..[ r ri , . 1! 1,. :{i
1 1"a� ; �° , ,,R " I, i I s. yyw
..... 1' I,I.S {I » il1 I:: a v :[n .."M.-M,.« 1 - •il. >tl ,�'! t " t
r�, F
t -.'"al '' V'++d {1j�.r -,� I `I _ H +'�` P v:u . ^•4 e-�f.A. r>�.. -�
�1 r ,`4-
�I uqb FOUR,SUB TO
...I�r" 1 y ;ll t , TAL
I}L7 fd to i.t $ Yt Y14 !I , qk. AR�'YA.,: b
0
PRACTICESsFROM TIER`°THREE;THAT ARE INCUDED ON• THE
APPLICATION CCC .1200 ' r, ..",t '; ° :"1 {t �", I .'";I 1,• i^`',' , .�'I
Practice
Code
Name of the Practice
Rank of Resource Concern From Above Which is
Impacted by This Practice
Points
360
Closure of Waste Impoundments
3
x
Animal Well still ortality
5
15
3
x
0
=
0
3
x
_
3
x
0
=
0
3
x
0
_
0
3
x
0
0
3
x
0
=
0
111" I',iiu Me
I � �" �4�1 s ,�+! ,•,! , ,t, ,�'rl +t� js•w }t '" 711.i " � ��` ' mI�"�d "' � � I' TIERITHREE'SUB 'TOTAL
1 V!6 .# �! k • r
€t.. �: 9 I•: t!.-,N , < w Y..a�i,. •" t�' ��:'�.3.c.1, if"..- 1 1 + I" � ' � r. , rk tl ,
15
PRACTICES':FROM -TIER TIWO:THAT''ARE INCUDED,�ON-THE APPLICATION (GC-1200 7.",PT ''I GP 1 ,I
Practice
Code
Name of the Practice
Rank of Resource Concern From Above Which is
Impacted by This Practice
Points
2
x
0
=
0
2
x
0
0
2
x
0
0
2
x
0
=
0
2
x
0
=
0
2
x
0
=
0
2
x
0
—
0
': J ,} r ] j' a,,: , V i-.'r. i €I 'll:.'a !� { i,n $': ' 7"iaN` .f�N� 7 9 1w "I'1✓Y h'Ii'` tllyF1� I - I. 1, ,t l i : 'ii't +�±t ;":.'o {. N,3?, ;Iwim§:..
i ,� �:: 1} " S v. 4 1 i i.'1 - k. } 4 i ::.I, 1 i' 4. I," [ I k t 1+ {I Yri 3 f ��
it t# .t•111 trt ,nl+: F TIER TiWO SUB TOTAL
'•'� t a,j•, a 7- I I�. t 'hl� € ri'" �! y� ���;t'fi+': i M`,.ah a -$a It " li..0
IE .trl ;"' M. t- '�'t'HI lo.;E�V u'. i, :tl{!'1 'h:.l 1nk hSF' a •�: el Y. 1i'Va! u Is♦ ,s_r '.;. iui. r,rh:,r �•"Ili
0
EQIP_RankingForm(NC2004).x1s 1 3/22/2004

U.S. DEPARTMENT OF AGRICULT*
Applicant: Farm Credit
isNC-CCC-1201
Surry NC October2003
PRACTICES=i,,ROM[=,T,IERFONEgTHATrAREfINCUDED,! N'THEAP,R ICAT ION4 G,CC,;1200 M!AN', Rii441, "!�%i %qi�r ��
i ?��lilSlll;
�
Practice
Rank of Resource Concern From Above Which is
Code
Name of the Practice
Impacted loy This Practice
Points
1
x
o
=
0
1
x
0
—
0
1
x
0
0
1
x
0
—
0
1
x
0
=
0
1
x
0
=
0
1
xiI,;n,N�t„i$i
0
:
tl'lljpi
;>i�il
1€i��
`f1 {j^(t63
yi,l u
i
i{`j{jt[i
Sj�
I §
j i>iil`'�'iT7€EiXIqE
EEQ7IR¢E9f]Y�!f
O
s;;(€! {ill
d
(3I
w�
niE;i, I a 3liF! pR3in�(Iii }{��{� �.d
. E i8}�}}ii3t`§j:j'• E,e
; Ei
. ��I{ip}j]l1il'Ej
Y� e ,
RE q979191{3�Iy4l1i1xrN�:619}§.Ig4iljS;il�lBT0p
{Al{ii�
III'7tt07ALjj{.ENVIRONMENTALIiPrOINTS:"fr`o`i`°tie'r'On`e;[�tYi'o'u„'�Tterl�Fo'u�r1`�9})
�.�uitlAs!Nic'IN'i�°mu2G �sLnll3�3t{lH3t;11tdsS�Nltlii11i1.1ftP'+N4fi`3Ilkllf»*11NiY11NUM�XBfr!1dilYiiSltilNUiNY14t}iiH13:I15iNid6kJifRi3Ah�4Y}1�f111419kN11d,'9i9�
h`
�1t�1�
II�� Ear
15
IV•iI�ADJUSTMENTS�`<TO SCORf:�'l ������,� . ��i1is€
> 3ixUa33 . ! S st sox s s s h6krvt6Bte 6! i�ie.N!>n§bni t aev<e�s;.S
�� �9�'i(i:����41i��e�������91
��� : 99� ((�C���
- 4, i
�
, ;. i������ig:a�l .::L1�4��
;,��Points�',�i
§
Sheet & Rill Erosion
Erosion Points Chart
Planned Erosion
Field#
T
Rate Points
Before Erosion Rate Points
Points
5 T - 5 pis
>T to 5 2T = 3 pis
>2T to 5 3T = 2 pis
>3T-0pis
Round points to the tenth
0
-
0
_
—
0
0
-
0
=
0
0
-
0
=
0
Example 2.8 nor 2. 78
Max. Points 5
0.0
0
-
0
—
0
Ilk''Fxtter 5heeklR+ll Erasion Dana
Total points �-
0
+ 0 fields W
_AlOther
Erosion (Streambank, Gully, Etc.)
Points for Reduction
1-10tons . f point
Soil Loss Erosion Rate
Soil Loss Erosion Before
After
Total Reduction
10-50 tons = 4 points
50-100 tons = 7 points
>t00 = 10
Max, Points 10
0
=
0.0
-
tons points
Statewide Priority:
(plus)
Application included selected conservation practices that will achieve reduction of nitrate loss from fields in the Neuse and
+
0
Tar -Pam Basins or includes selected practices that improve surface waters on the 303d list which are impaired by agriculture
.,:NO. 11
related activities.
Max, Points 10
Statewide Priority:
(plus)
0
Application includes conservation practices that will reduce surface water runoff by increasing infiltration.
+
Practices:
Max, points 5
Statewide Priority
pus
At Risk Species: The desired effect of awarding these points is to increase the extent of native early successional habitat,
+
reduce nesting bird disruption and protect special aquatic habitats. MAX 10 POINTS
Grassland Breeding Habitat 5 pts
NO
0
Special Aquatic Habitat 5 pts
NO
Safe Harbor Agreement 5 pts
NO. ;,:,;,
Max. Points 10
Statewide Priority:
(plus)
0
Number of buffer practices in the application that will maintain, enhance, protect, or restore water quattiy.
+
Practices: 2 pts each
Max. Points 8
Limited Resource Producer or New and Beginning Farmer:
(plus)
Must meet qualifications on instruction page.
t
Max. Points 5
First Time Contract:
(plus)
Bonus for applicant who has never had an approved EQIP contract In any county of North Carolina. *Note: First time
+
5
applicant or an applicant who may have applied for the program before, but has never had a contract funded will qualify for
these bonus Dints.
Max. Points 5
Local Work Group Bonus:
(plus)
Local Work Group may award these points to applications that are located within a watershed or other special priority area
that has been Identified as having a special environmental or resource concern. They may also be awarded to applications
that apply for a practice the Local Work Group has identified as addressing a special priority or need within the County. 10
0
points maximum. 5 points maybe given to a practice and 5 to a special area oral] 10 points maybe given to either one.
Describe LWG Bonus 5-10 pts each
Max. Points 10
N{F d �r11$id4d399ii11SNiiN �i7jgdk&�t 11 ii{f El l$ iii ��i j
IVSEJBTOTAL l� , i1� ''l�3I tjj1
� lil
yy
i ul ,41i N E �� 3 )E 9 Plf P ss i i' I
I°k lid j¢{§4
0
7i {
iv_•i itN4z�i11.L'il i• ,si iuft;�FnNIF4} ,rk��ili i,lllil, l�
�5�44`'l1J
4. N111 lii, l�ll: .{ .{ - k t t. �1 i�li.i i -. i��
.
EQI P_Ranking Form(NC2004).xis 2 3/22/2004

U.S. DEPARTMENT OF AGRICULTIP
Applicant: Farm Credit
• NC-CCC- [ 201
Surry NC October2003
by:
natu
(Signature)
score, practices, a
Date:
program
20
EQIP_RankingForm(NC2004).xls 3 3/22/2004

NC MHNR
DSWC
NORTH CAROLINA
AGRICULTURE COST SHARE PROGRAM
PLA TOF_ OPERATION
VAME: Xf- el�
kDDRES S :' -s kf 5�910i�J ie
AGREEMENT NUMBER
w- -y 7 - 0 -16
COUNTY
Su Q
BMP
ITEM
No.
FIELD
NO.
PLANNED
TREATMENT
EST.
AMOUNTS
(UNITS)
AVERAGE
COST
$
COST
SHARE
ESTIMATED COST SHARE AND
TIME SCHEDULE BY PROGRAM
YEAR (INCLUDE OTHER COST
SHARED FUNDING SOURCES)
19-q-7 19 19
BMP
SOIL
LOSS*
PRE POST
SMP
NITROGEN
LOADING*
PRE POST
BMP
PHOSPHORUS
LOADIr.
PRE POST
G
/050
75
7$$.00
1141-00
1�5-00
l gyp
1,50
-
1
�7
z m
�s
41
2.00
74'
3 .00
G
0-00
75
5.00
* or attach Hansard/Sugg nutrient loss evaluation worksheet printout.
Technical RepresentativeIr, 0/7jjz'� Date ,5 -36-q

-VEHNR
swc
NORTH CAROLINA
AGRICULTURE COST SHARE PROGRAM
PLAN OF OPERATION
NC �i
(9/96)
1
VAME : j(� ��t SP�s
ADDRESS:
AGREEMENT NUMBER
COUNTY
BMP
ITEM
NO.
FIELD
NO.
PLANNED
TREATMENT
EST.
AMOUNTS
(UNITS)
AVERAGE
COST
$
COST
SHARE
%
ESTIMATED COST SHARE AND
TIME SCHEDULE BY PROGRAM
YEAR (INCLUDE OTHER COST
SHARED FUNDING SOURCES)
19?7 19 19
BMPI
SOIL
LOSS*
PRE POST
BMP
NITROGEN
LOADING*
PRE POST
BMP
PHOSPHORUS
WADI';`
PRE PN3
4
9�
DSO
�08°' a
2S
37
�a
3 c
td0-DO
?s
l $0.00
5
r
-)Sale OF
da
500tfQ 0.4
YD'
�M-00
-0
S.
r 3Y
-' 9,
rJ S
-7
91DO
-
j S -
fl'
15. ;
L ICIA Mis
IS
7 YO 1 00
* Or attach Hansard/Sugg nutrient loss evaluation worksheet printout.
Technical Representative Date

.iC DEHNR
DSWC
NORTH CAROLINA .
AGRICULTURE COST SHARE PROGRAM
PLAN OF OPERATION
NC=ACSP1�
(9 /96)
i
t
a
VAME: j! i eA 51*P1Vs
4DDRESS:VM�j
AGREEMENT NUMBER
COUNTY
3MP
ITEM
NO.
FIELD
NO.
PLANNED
TREATMENT
EST.
AMOUNTS
(UNITS)
AVZRAGE
COST
$
COST
SHARE
ESTIMATED COST SHARE AND
TIME SCHEDULE BY PROGRAM
YEAR (INCLUDE OTHER COST
SHARED FUNDING SOURCES)
191Z 19 19
BMP
so
LOSS*
PRE POST
BMP
NITROGEN
LOADING*
PRE POST
BMP
PHOSPH(y�
LOADINGY`
PRE POST
f
_
Pwr �R r 72zL_60
12,5
n
- i Pz 0
2.0O
/.Da
!
e
SIvy
7
0
* Or attach Hansard/Sugg nutrient loss evaluation worksheet printout.
Technical Representative
Date 5-3D-77

NC EHNR
DSWC
NAME: Aiffh DNS ADDRESS : j3q i1%PS4ilow kd
J. t 1 l A I i
Aar- 960(o. ors
C 5 -- 1� i'?. a 6
ANNUAL COSTS:
TOTAL COST SHARE:
NORTH CAROLINA AGRICULTURE COST SHARE PROGR.L'M
CONSERVA T'=CN PLAN OF OPERATION CCM SUMNAR`_'
AGREEMENT NUMBER
\A/-
TT_ME SCHEDULED ED AND
ESTIMATED COST SHARES
BY P R CGrRAM YEAR
_a i
t593.�
i
COUNTY
j suQQ�j i
r_.,CTA I
S lOIL LOSS*
PRE PCS'T
NC—ACSP—?
(ofa6)
TOTAL ACRES AFFECTED 1 ANINAL TYPE
BY ENTIRE PLAN AND NUMBER
150 04.4e
TOTAL c TOTAL
NITROGEN iPHOSPHCR S
LOADING * I - LOADING * ,:
PRE i � POST ; PRE I POST
WHAT LEVEL OF
DESIGN A?P_ S _ L
IS THE HIGHEST
REQUIRED 1N THIS CPO?
(CHECX ONE)
FIELD OFFICE
??EA
OF : ? CE__WV "wm_
STATE OFFICE
NTC
The Cooperator(s) agrees to apply the pianned treatment according to the standards and specifications as approved by the Division of Soil and Water
Conservation. Failure to carry out the ur.-numbered contract items (UN) does not constitute non-compliance with the contract. The Cooperntor(s) agrees to
maintain the strip -cropping system for 5 years, long tern- no -:ill for 5 years, nutrient management plan for 3 years. sod -based rotation for a :rini..mum of
months in sod, and all other practices or 10 years. except conservation tillage which is an annual practice. The Cooperator(s) also agrees to Viy
implement the Waste Management Plan (WHIP) that is par. of :he CPO. CPO and payment contingent on approval by NPS Section, Division of Soil and
Water Conservation, NC DEHNR. Funding for this CPC' is contingent upon final annual allocation of State funds to the District.
411PLICANT: " zt� /— A�-DATE: S' 30 ' �f
LANDOWNER (if applicable):
TECHNICAL REPRESENTATIVE:
DATE:
DATE:
DESIGN APPROVAL AUTHORITYq DATE:
(Can be submitted separately from 11A)
DISTRICT CHAIRMAN: DATE:V--:! � L
1
' If final design is not complete, insmilation will not begin prior to submitting the final design approval to, and receiving approval from, the Division.
* Or attach Hansard/Sugg nutrient loss evaluation worksheet printout.

NGONR&CD
-D SWC
NORTH CAROLINA
AGRICULTURAL COST SHARE PROGRAM
PLAN OF OPERATION
NC-ACSP-11
(revised 1187)
NAME: "- ,V A i 5 o&, � rf,<, �?�
COUNTY
AGREEMENT NUMBER
TOTAL ACRES
ANIMAL TYPE
ADDRESS
EFFECTED
AND NUMBER
A(.�� . .r, i
,.."S. r
,fir` •i E'c-.� rj'
�I�'
�,F :'�•f -. ter...
STIMATED
AVERAGE
COST
TIME SCHEDULE AND
ITEM
FIELD
PLANNED
AMOUNT
COST
SHARE
ESTIMATED COST SHARE BY PROGRAM YEAR
SOIL `
NO.
NO.
TREATMENT
(UNITS)
%
(FOR NON -COST SNARE ITEMS SHOW UNITS)
LOSS
19 19_ 19
PRE POST
•' "J; . r ;F -, r , r
"1 j _': !'c'�
s, sJclrr j:.:! �
.I J
L� f, r .,_ ! � i i
f
i
Atl
r t
-
21
'�#N� ��r"cf��lydv aF
:clinical Representative ;�, r,, .l�,r. ^�.r Datef f
lI If
I

N01,1R&CD
DSWC
NORTH CAROLINA
AGRICULTURAL COST SHARE PROGRAM
PLAN OF OPERATION
NC-ACSP-1"S
(revised 1/87)
NAME: otialCOUNTY AGREEMENT NUMBER TOTAL ACRES' ANIMAL TYPE
ADDRESS: EFFECTED AND NUMBER
EST114ATED AVERAGE COST TIME SCHEDULE AND
ITEM FIELD PLANNED AMOUNT COST SHARE ESTIMATED COST SHARE BY PROGRAM YEAR SOIL
NO. NO. TREATMENT (UNITS) (FOR NON -COST SHARE ITEMS SHOW UNITS) LOSS
19-2z 19 19 PRE POST
Pile
-
74
-14
)i Al/
cbnical Representative Date
, ,

4
4
NCDNR&CD NC-ACSP-
DSWC
(revised 8/8
NORTH CAROLINA
AGRICULTURAL COST SHARE PROGRAM
PLAN OF OPERATION
NAME:
ADDRESS: ,,
COUNTY
AGREEMENT NUMBER
TOTAL ACRES
EFFECTED
ANIMAL TYPE
AND NUMBER
ITEM
NO.
FIELD
NO.
PLANNED
TREATMENT
ESTIMATED
AMOUNT
(UNITS)
AVERAGE
COST
COST
SHARE
%
TIME SCHEDULE AND
'ESTIMATED COST SHARE BY PROGRAM YEAR
(FOR NON -COST SHARE ITEMS SHOW UNITS)
19 19 ^ 19
SOIL (�
LOSS
PRE POST
ANNUAL COSTS:
_ f
TOTAL COST SHARE:
The Cooperator
agrees to
apply the
planned
treatment
ccording
io the standards
and
specs scats
carry out the
ns approved
un-numbered
the Div
contract
sion o
items (UN)
Soil an W
does no
ter Conse
'constitu
nation. a
a non-compliance
ure
to
with
the contract.
sod -based rotation
The cooper
for a
for agre
ninimum o
s to maintain
months
the
in sod,
triperopp
and all
ng system f
other practices
r y
1
ars,
years except
annual practices.
or conserva
The co
on tillage
perator
and
lso agrees
landapplication-of
to test
a
soil on benefited
imal waste
acr
qhich
s every
are
Z. years ancT
animal waste
innually.
AGREED TO B
:
COOPERATOR:
Date:
TECHNICAL REPRESENTATIVE:
%'
Date:;'.
V
DISTRICT CHAIRMAN:
Date:
!/;
/r
•

Telephone Message imap://[e-mail]:143/fetch%3EUID%3E/...
0 •
Subject: Telephone Message
From: Lee VanHoy <lee. vanhoy@ncmail. net>
Date: Mon, 01 Dec 2003 19:21:35 -0500
To: [e-mail], [e-mail]
Melissa, I received your telephone message regarding the Jerry Durham
Dairy Farm and the dairy farm that had previously been owned by Keith
Stephens. I have not visited the Durham facility since Brandon Seal
discontinued milking at the facility. Brandon, as you probably know,
moved his cattle to the Avery Branch Dairy (Blue Ridge Dairy Farm) and
began working with the Branch family. I have not visited the old
Stephens Dairy since Keith Stephens discontinued his milking operations.
Jimmy Moody, dairyman in the State Road community, told me recently
that Randy Woods, a tobacco and cattle farmer from Wilkes County, may
have bought the old Stephens Farm from the lending agency that had
control of the farm. I do not know if this arrangement is true. I do not
know Mr. Woods. I understand that the Wilkes County Soil & Water agents
work with Mr. Woods often. Hope that you have a great holiday season.
Thanks, Lee.
1 of 1 12/12/2003 8:40 AM

RE: Stephens imap:/1Me1issa.R6
[e-mail]:143/fetch%3EU1D%3E1...
Subject: RE: Stephens
From: "Goss, Christopher" <[e-mail]>
Date: Wed, 16 Jul 2003 08:40:53 -0400
To: "'Melissa Rosebrock'" <Melissa.Rosebrock @ncmail. net>
Thanks for your help with this.
-----Original Message -----
From: Melissa Rosebrock[mailto:[e-mail]]
Sent: Tuesday, July 15, 2003 4:29 PM
To: [e-mail]; [e-mail]
Subject: Stephens
Chris,
Sorry for the delay in responding to your question, I had to have the folks in Raleigh do some
checking for me. All of our assessments are against Keith Stephens (the person), not Stephens
Dairy (property). I hope this answers your questions. Please contact me if you need anything else.
Sincerely,
Melissa Rosebrock
p.s. I sent this to two email addresses since I couldn't quite make out your voice mail message.
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, water Quality Section
585 waughtown Street
Winston-Salem, NC 27107
Voice: (336� 771-4608 ext 265
FAX: [phone]
1 of 1 7/16/2003 8:46 AM

Re: Stephens Dairy • imap://Melissa.Ro [e-mail].143/fetch%3EU1D%3E1...
Subject: Re: Stephens Dairy
From: "Anita Leveaux" <ALEVEAUX@mail .jus.state.nc.us>
Date: Mon, 14 Jul 2003 10:37:53 -0400
To: <[e-mail]>
Yes I did receive the fax, thanks. I've reviewed the documents that you sent over and it appears that you all
assessed Stephens and not Stephens Dairy Farm. I've asked you to check to see how Stephens registered the farm.
Did he register the Farm or himself? Telling is how the NOV went out. If it went out IN the Matter of Stephens.... this is
against the individual. If it went out In the Matter of Stephen's DairY Farm then the assessment is against the Farm.
--Anita
>>> Melissa Rosebrock <[e-mail]> 07/13/03 02:45PM >>>
Hey Anita,
Did you receive the fax of the letters and F&Ds for this facility? Farm
Credit Is still asking if there are any fines against the property? I'd
like to emall them on Monday with a response ... If possible. Thanks.
Melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Woughtown Street
Winston-Salem, NC 27107
Voice: [phone], ext 265
FAX: [phone]
h
k
A
,
1 of 1 7/15/2003 3:09 PM

F \NATF Michael F. Easley, Govemor
O R William G. Ross Jr., Secretary
North Cam Opartment of Environment and Natural Resources
• co 7� Alan W. Klimek, P.E. Director
> Division of Water Quality
o -r
NC Department of Environment and Natural Resources
Division of Water Quality
Winston-Salem Regional Office
TO:
FAX NO.:
FROM:
DATE:
585 Waughtown Street
Winston-Salem, NC 27107
[phone] Fax [phone]
&'l 6L Le Ue-a-U
w e l SSA �o �-[�-
.
NUMBER -OF PAGES (including this page):
r
NCDENR
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
1 800 623-7748

StateW North Carolina
Department of Enviro t
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
Dear Mr. Stephens:
1" ow A
• •
NCDENR
NoFrrH CARoumA DEPAF7Tmew of
ENVIRONMENT AND NAruRAL ResmRces
June 15, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Violation of N.C.G.S. 143-215.1
Farm # 86-23
Surry County
File No. PC 01-013
This letter transmits notice of a civil penalty assessed against Stephens Dairy in the
amount of $5,436.46 which includes S436.46 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. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh; North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity lA rmative Action Employer
50% recycled / 107c post -consumer paper
http: //h2o. enr.state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

i
•
STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF
KEITH STEPHENS
FOR VIOLATION OF N.C.G.S 143-215.1,
15A NCAC 2H .0217 AND
15A NCAC 2H .0224 (a)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 01-013
}
}
)
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T_ Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Keith Stephens owns and operates Stephens Dairy in Surry County.
B. The Stephens Dairy was deemed permitted as a nondischarge facility on February
1, 1993 in accordance with 15A NCAC 2H .0217. An approved animal waste
management plan is required by 15A NCAC 2H .0217 as a condition of being
deemed permitted.
C. The approved animal waste management plan certification for Stephens Dairy was
received by DWQ on May 17, 1999. The certified animal waste management plan
(CAWMP) states that the design of the waste collection, storage, and treatment
system at the facility is adequate for an animal population of 250 dairy cattle.
D. On March 1, 2001, DWQ staff inspected the Stephens Dairy in response to a
complaint. Staff counted a minimum of 271 cattle at the facility. An employee of
Stephens Dairy stated to staff that approximately 350 cattle were being milked
daily.
E. On March 13, 200I, DWQ staff conducted a compliance inspection at Stephens
Dairy. Mr. Stephens stated to staff that 380 cattle were being milked daily.

RECENF-D
State of North Carolina -�• D Of E 1-1 N 1,
Department of Environment
and Natural Resources DEC ���� t
Division of Water Quality I wow
OL
1. l 4 .. ♦� i,l I lrI
Michael F. Easley, Governor CDENR
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director NORTH C.AROUNA DEPARTMENT of
ENv1RONMENT AND NATURAL RESOURCES
December 12, 2001
Mr. Keith Stephens CERTIFIED MAIL
140 Lakeview Drive RETURN RECEIPT REQUESTED
State Road, NC 28676
SUBJECT: Assessment of Civil Penalties for
Violation of N.C.G.S. 143-215.1
Farm # 86-23
Surry County
File No. PC 01-027
Dear Mr. Stephens:
This letter transmits notice of a civil penalty assessed against Stephens Dairy in the
amount of $4,472.44 which includes $472.44 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 penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Nailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 276994617 State Courier #52-01-01
An Equal Opportunin• l Affirmative Action Employer
50% rec)'cled l 1017c post -consumer paper
h rrp. /lh3o. enr. state. itc. its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

i
i
STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF
KEITH STEPHENS
FOR VIOLATION OF N.C.G.S 143-215.1
AND 15A NCAC 2H .0217
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 01-027
P
FINDINGS AND DECISION
} AND ASSESSMENT OF
} CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Dennis
R. Ramsey, Assistant Chief of the Non -Discharge Branch of the Water Quality Section of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Keith Stephens owns and operates Stephens Dairy in Surry County.
B. The Stephens Dairy was deemed permitted as a nondischarge facility on February
1, 1993 in accordance with 15A NCAC 2H .02I7. An approved animal waste
management plan is required by 15A NCAC 2H .0217 as a condition of being
deemed permitted.
C. The approved animal waste management plan certification for Stephens Dairy was
received by DWQ on May 17, 1999. The certified animal waste management plan
(CAWMP) states that the design of the waste collection, storage, and treatment
system at the facility is adequate for an animal population of 250 dairy cattle.
D. On May 10, 2001, DWQ staff inspected the Stephens Dairy in response to a
complaint. Staff counted a minimum of 464 cattle at the facility. Milk production
records showed daily milk production to be increased approximately 1000 pounds
since March 2001.
E. A waste utilization plan (WUP) is a required component of an animal waste
management plan in accordance with G.S. 143-215.1OC(e).
F. The cost to the State of the enforcement procedures in this matter totaled S472.44.

[Fwd: Keith Stephens Dairy Lagoon]
imap://Melissa.Rorock @cros.ncmail.net-.143/fetch%3EUID%3FJ...
Subject: [Fwd: Keith Stephens Dairy Lagoon]
From: Brooks Cole <Brooks. Cole @ncmail.net>
Date: Fri, 20 Jun 2003 15:32:03 -0400
To: Melissa Rosebrock <[e-mail]>
-------- Original Message--------
Subject:Keith Stephens Dairy Lagoon
Date:Fri, 20 Jun 2003 15:10:5I -0400
From:Brooks Cole <Brrx)6.Coie@ncrnail_ner>
Organization:NC DENR - Division of Land Resources, Land Quality Section
To:Matt Gantt <Nfar�[e-mail]>, Max Fowler <Max3Fowlcr@il_net>, brooks
cole <Brcx>ks.Cole Ca, ncma"et>
I inspected the above structure in Surry County on 6/20/2003. I found
the dam covered with tall, thick grass type vegetation which made a
thorough inspection difficult if not impossible to say the least. I did
find the low area on the left end of the dam. There is minor erosion in
this area but it does not appear to be causing any structural stability
problems at this point. The dam is definitely an exempt structure. It
was over topping during my inspection, but only a trickle of flow was
coming over the crest in a couple places within the @12' low area on the
dam. The low area is somewhat spongy to walk on, but again I saw no
signs of structural instability. The rest of the dam, though covered
with tall, Chick grass, appears to be in reasonably good condition. If
the dam can be mowed I will be glad to go back and do a more thorough
inspection. Let me know if you have any questions. Thanks! Brooks Cole
Brooks Cole
NC D£NR Winston-Salem Regional Office
Division of Land Resources, Land Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
voice: [phone] ext 245
FAX: [phone]
82 K)or
n+0 al _ Loa rr\
Co-leo V
PWAor p S .—Fu+r�OL
:vC DLI�;.. �^;_::s�o..-�aler� :?2c;_anal UrSice� 5 F�
of Lard Peso4-ces, Land Qual-_%- Section � � I O,, \ yam,
vL� �=� •.
r bo crn
IP
� ross — 7 S
of 1 aA 'ZQ i r 6/20/2003 3:51 PM

Re: [Fwd: [Fwd: [Fwd: Re: stephen's dairy]]]
0
imap:/IMelissa,[e-mail]:143/fetchUEU1DUE/...
•
Subject: Re: [Fwd: [Fwd: [Fwd: Re: stephen's dairy]]]
From: Coleen Sullins <Coleen.Sullins @ ncmail. net>
Date: Thu, 19 Jun 2003 12:07:29 -0400
To: Melissa Rosebrock <Melissa.Rosebroc k @ nc mail. net>
CC: Steve Lewis <[e-mail]>, Kent Wiggins <[e-mail]>, Kathy
Cooper <kcooper@mail jus.state.nc.us>, Anita Leveaux <[e-mail]. nc.us>
Melissa - the issue is to get it dealt with, since that sounds like it is happening, I see no need for the
injunction. Thanks Coleen
Melissa Rosebrock wrote:
Coleen,
I had started on the memo for you when I received a call this morning from Mr. Bobby Goodin with
Farm Credit. Mr. Goodin stated that the guarantor for the farm had filed bankruptcy so Farm Credit's
attorney felt that they now need permission through the bankruptcy court before pumping the waste
from the overflowing waste pond. The attorney called Mr. Goodin this Monday (6/16/03) to say that
they should have approval by the first of next week and didn't expect any problems in gaining that
approval. They plan to start pumping the first to middle of next week. I was onsite last Friday
(6/13/03) and observed that two of the hauler's manure tanks are now at the farm and ready to go. I
confirmed with the hauler that Mr. Goodin contacted him yesterday about "being ready to go next
week." The WSRO LQ staff are also planning to look at the structure tomorrow morning. I don't
really expect them to find an immediate/emergency situation as far as structural stability of the dam.
I spoke with Anita this morning and we feel that in light of the efforts that appear planned for next
week, that we should hold off filing a motion for injunctive relief at this time. Does this sound ok to
you? Thanks for your continued assistance.
Melissa
Coleen Sullins wrote:
Melissa - Let's have the memo for my signature (since I have already told the AG to proceed).
Thanks Coleen
Melissa Rosebrock wrote:
Collen,
Steve's out this week, could I write the.memo and send myself or would you prefer I write it and
wait for Steve's signature?
Coleen Sullins wrote:
Steve and Melissa - how about writing up a short memo, send to me
electronically and we'll get it over the the AG's Office. Thanks
Coleen
I of 2 6/ 19/2003 2:00 PM

Re: [Fwd: [Fwd: [Fwd: Re: stephen's dairy]]] imap://[e-mail]:143/fetch%3EUID%3E/...
Subject: [Fwd: [Fwd: Re: stephen's dairy]]
From: "Kathy Cooper" <kcooper@mail. jus. state. nc.us>
Date: Tue, 17 Jun 2003 07:01:46 -0400
To: <[e-mail]>
Coleen, Have Melissa send Anita the necessary info to start drafting the complaint. In the meantime we need you all to send
over the formal request for an injunction from you or Alan Klimek to Jim Gulick. That will get to me to Anita. Thanks,
Kathy Cooper
>>> Coleen Sullins <[e-mail]> 06/16/03 06:31PM,»>
Kathy - based on Melissa's email message below, we definitely need to go __..._
with a preliminary injunction. If the waste is flowing over the lagoon
wall and is eroding a rut (8" deep), we are in risk of a failure and
need to get action on it as soon as possible. All this additional
rainfall is only going to make the situation that much worse and time is
of the essense. Thanks coleen
Steve - has any one from the dam safety side of the house looked at this
yet? We probably need to consult with them. Thanks Coleen
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
voice: [phone] ext 265
FAX: [phone]
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
2 of 2 6/19/2003 2:00 PM

Re: [Fwd: [Fwd: [Fwd: Re: stephen'sdairy]]l imap://[e-mail]:t43/fetch%3EUID%3FJ...
Subject: Re: [Fwd: [Fwd: [Fwd: Re: stephen's dairy]]]
From: Coleen Sullins <[e-mail]>
Date: Tue, 17 Jun 2003 09:05:40 -0400
To: Melissa Rosebrock <[e-mail]>
Melissa - Let's have the memo for my signature (since I have already told the AG to proceed). Thanks
Coleen
Melissa Rosebrock wrote:
Collen,
Steve's out this week, could I write the memo and send myself or would you prefer I write it and wait
for Steve's signature?
Coleen Sullins wrote:
Steve and Melissa - how about writing up a short memo, send to me
electronically and we'll get it over the the AG's Office. Thanks
Coleen
Subject: [Fwd: [Fwd: Re: stephen's dairy]]
From: "Kathy Cooper" <kcooper@mail. ius. state. nc.us>
Date: Tue, 17 Jun 2003 07:01:46 -0400
To: <[e-mail]>
Coleen, Have Melissa send Anita the necessary info to start drafting the complaint. In the meantime we need you all to send over
the formal request for an injunction from you or Alan Klimek to Jim Gulick. That will get to me to Anita. Thanks, Kathy Cooper
>>> Coleen Sullins <[e-mail]> 06/16/03 06:31PM >>>
Kathy - based on Melissa's email message below, we definitely need to go
with a preliminary injunction. If the waste is flowing over the lagoon
wall and is eroding a rut (8" deep), we are in risk of a failure and
need to get action on it as soon as possible. All this additional
rainfall is only going to make the situation that much worse and time is
of the essense. Thanks coleen
Steve - has any one from the dam safety side of the house looked at this
yet? We probably need to consult with them. Thanks Coleen
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
voice: [phone] ext 265
FAX: (336) 771-d630
of 1 6/ 19/2003 9:22 AM

WA
Bobby Goodin, VP/Special Assets Manager
Carolina Farm Credit
P.O. Box 1827
Statesville NC 28687-1827
Dear Mr. Goodin:
Michael F, Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 9, 2003 1 Dept. of EHNA
J U N 13 2003
'Winston --Salem
Subject: Permit ApplicationRasiomi Office
Facility Number 86-23
Stephens Dairy
Surry County
This is to acknowledge receipt of a permit application submitted by Keith Stephens, previous owner of this
facility, on November 16, 1999. A site inspection conducted by the Division of Water Quality indicated that the
operation's animal population does not exceed the number set forth by §143-215.1013(1), and therefore does not
require coverage under the Cattle Waste Operation General Permit.
Under 15A NCAC 2H .0217, the facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of
wastes to the surface waters of the state will subject you to a civil penalty up to $25,000 per day.
Should you or any future owner decide to increase the number of animals housed at the facility beyond
the threshold limits listed below, you will be required to receive approval and a permit from the Division of Water
Quality prior to any construction and/or stocking animals to that level. Threshold numbers of animals are as
follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultry with a liquid wastes stem
30,000
If you have questions regarding this letter or the status of your operation please call J. R. Joshi of our
staff at [phone] ext 363.
cerely,
Alan W. Klimek, P.E.
cc: Winston-Salem Water Quality Regional Office 0 �
Surry Soil and Water Conservation District f V N
Non -Discharge Compliance Unit - Facility File i
Central Files AWC860023 hAvIS
e-/Ic
Non -Discharge Permitting Unit Internet http•l/h2o.enr..state.nc us/ndpu NCDENR
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper

Re: stephen's dairy mailbox:///Cl/Window/plication%20DatalMozillatProfiies/default...
Subject: Re: stephen's dairy
From: Melissa Rosebrock <Melissa.Rosebrock @ncmail.net>
Date: Fri, 13 Jun 2003 15:36:29 -0400
To: Anita Leveaux <ALEVEAUX@mail jus.state.nc.us>
CC: Steve Mauney <[e-mail]>, Kent Wiggins <[e-mail]>
Reports are that he has moved. He nor his wife have been seen around here for several weeks. We do
not have a number for him in Florida. The bank has no way to contact him either (phone/address). I
looked at the waste pond today. The dam is intact and well vegetated but the wash of overflowing waste
has started a rut about 8" deep on the slope of the dam.
The hearing on June 24th is to determine if Farm Credit will proceed "to sale" in 30 days. Farm Credit's
attorneys plan to ask the judge to give them the ok to hire someone to pump the waste since they can't
reach Stephens to get his verbal ok.
Bottom line ... waste is continuing to discharge to waters of the state but I do not expect a failure of the
dam —at least within 30 days.
Anita Leveaux wrote:
How do we know that Stephens is in Florida? Do we have a ph. number for him in Fla. What is the status of the facility, i.e., when
does it transfer to farm credit? Status of facility ---can we wait? --Anita
>>> Melissa Rosebrock <[e-mail]> 06/12/03 03:01PM >>> _
I had hoped to have good news by now regarding the overflowing waste
pond. Farm credit says that they have contracted with an operator to
pump the WSP (I conformed this w/ operator) but Farm Credit's attorneys
have said that they can't perform any work on the farm yet due to
possible liability and need at least a verbal ok from Stephens to go
ahead. Problem is ... Stephens is in Florida, and the bank can't find
him. What can we do??
Attorney's name is Mr. Stuart Gauffreau with Adams/Kleemeier in GSO
336.373.1600
There is to be a hearing on June 24th to decide whether to proceed to sale.
Anita, FYI -I've given the attorney your name/number (at his request).
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
1 of 2 6/13/2003 3:36 PM

Re: stephen's dairy mailbox:H/Cl/Windowplication%20Data/Mozilia/Profiles/default...
f�
C
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
2 of 2 1 6/13/2003 3:36 PM

F 1fi A T� Michael F. Easley, Governor
0 9pG Wiliam G. Ross Jr., Secretary
North Carolina [rent of Environment and Natural Resources
�7 q Alan W. Klimek, P.E. Director
Division of Water Quality
� Y
NC Department of Environment and Natural Resources
Division of Water Quality
Winston-Salem Regional Office
585 W aughtown Street
Winston-Salem, NC 27107
[phone] Fax [phone]
A d Y- I e2 m e i a-,-
FAX NO.: to z 7 3 S j S
FROM: S- l D S -- b r O c- _
DATE:
NUMBER OF PAGES (including this page):
NCDENR
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
1 800 623-7748

o f �N A rF Michael F. Easley, Governor
`O[� 9OG • William G. Ross Jr., Secretary
North Carolina D ment of Environment and Natural Resources
xn
7 Alan W. Klimek, P.E. Director
Division of Water Quality
C�
June 4, 2003
Mr. Bobby Goodin
Vice President/Special Assets Manager
Carolina Farm Credit
PO Box 1827
Statesville, NC 28687-1827
SUBJECT: Complaint Inspection
Stephens Dairy, #86-23
Surry County
Dear Mr. Goodin:
This letter is to summarize the violations observed during a complaint inspection performed at the
former Stephens Dairy on May 28, 2003. This inspection was performed as a result of an anonymous complaint
alleging that animal waste from the waste holding pond was overflowing the pond's embankment and was
entering waters of the State. A "Final Notes" copy of the inspection form is attached for your reference.
Subsequent to the date of my complaint inspection, the Division determined that this facility does not
require coverage under a general permit at present time since the facility no longer is over the threshold number
of 100 cattle (June 3, 2003 letter from Alan Klimek). Please note, however, that the violations and water quality
concerns observed on May 28, 2003 could still require the new owner(s) to obtain a new Certified Animal
Waste Management Plan (CAWMP) or an individual permit, no matter how many cattle are on site. Please be
advised that North Carolina General Statutes also provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations.
On the date of the complaint inspection waste was observed overflowing the south embankment of the
waste storage pond. The unpermitted discharge flow was tracked until it dissipated, only 30 feet from an
unnamed tributary to the Mitchell River. Be advised that making an outlet into waters of the State without a
permit is a violation of NCGS 143-215.1. With the current and expected chronic rainfall pattern in this area, it
is probable that the immediate threat to water quality in the Mitchell River will worsen if left unchecked. The
waste storage pond needs to be pumped out immediately and the animal waste land -applied at agronomic rates
onto a receiving crop. The waste storage pond must be maintained so that there is a minimum of 18 inches of
freeboard at all times.
From our telephone conversation of May 30, 2003, it is my understanding that Carolina Farm Credit is
going to contract with a local certified animal waste operator to have the waste pumped out and applied onto a
receiving crop as soon as soil conditions allow. If this is not your intention, please notify our office as to how
the waste level will be lowered to an acceptable level.
On the date of the complaint inspection, it was also documented that the vegetation on the embankment
of the waste storage pond was approximately three feet high. Excessive vegetation is a concern since it can:
provide sheltered areas for insects and burrowing animals; interfere with the establishment and maintenance of a
desirable vegetative cover; hinder visual inspection of the dam; and -impair its structural integrity. It is
recommended that vegetation be mowed to a height of eight inches or lower. _
td,DENR
Customer Service
1 800 623-7748
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone]

•
•
Stephens Dairy
June 4, 2003
Page 2
The environmental concerns and violations described above must be addressed in order to bring the
facility into full compliance with state and federal environmental laws and regulations. if you have any
questions or concerns regarding the matters described in this letter, please feel free to contact me at
336.771.4608 ext. 265. Should you need technical assistance regarding animal waste management and/or
application, you may wish to contact the Surry County Soil and Water Conservation Service at 336.386.8751
ext. 3.
Sincerely,
WV V
Melissa Rosebrbck
Environmental Specialist
DWQ-WSRO
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer— DSWCD WSRO
1W3RQFaci1iiy File`s ,
Central Files

�y 05 03 03:44P Surry°S W C D 336 386-3828
U. S. DEPARTMENT OF AGRICULTURE WC-EMG-40
Soft Comervation Service Rev. 7/40
PLAN OF EXCAVATED WASTE STORAGE PIT
NAME:
county: c iA m4
Address;
P.2
Date• p,3
LE116TR 176
61OE $LOPE TO 1
a
o , AVE. TOP ELEV.
1 701 r10 SECTra.
�s4'! 1
l,0 1
� U AVE. 84TTOu ELEY.
L __ LEM6T►1 ��_��
(See back for votLme catcutations)
Use of facility:
capacity: 34A C601, gV Gallons Ft3
Soil Type:
Bench Mark Description
X l�- 1, . _ 31g3�
Bottom
Normal Liguid Level
Storage for normal Precip.
Maximum Liquid Level
25 yr. storm Storage
crest ESW
Max.Flow Depth
Freeboard
Top of Dam
Elev.
Elev.
H
Ft.
Elev.
(+)
Ft.
Elev.
(+)
Ft.
(+)
Ft_
Elev.

—hyy. 0S 03 03:44p Sum S W C D 33G 30G-9828 p.1
• i
VOLUME OF A TRAPEZOIDAL PIT
one equation for calculating the volume of a trapezoidal pit is:
Volume Po}' [(area of top) + (area of bottom) + (4 * area
6
of midsection)] = Ft
[(Aot%)
v = p. s x L9 t 8 7 __=� 4 S 936 -g+3
Another equation for determining the volume of a trapezoidal
excavated pit with constant side slopes is:
V = wdL + Zd2 (4/3 Zd - w - L)
where:
V = total volume
of the
tit in
W.
w = width of the
pit at
top in
feet.
d = depth of the
nit at
tot in
feet.
L = ? engti of the
nit a =
tap in
feet.
Z = side slope
for 2 to 1
use Z =
2
fOr 27/2 to
1 Use
Z = 202
Dimensions used must be corstructable. Always check for narrow,
deep pits. For correct results the following must be true.
w must be greater than 2Zd
L must be greater than 2Zd
OPTIONAL FOAM 99 (7.90)
FAX TRANSMITTAL IP of pages
0 1 Fa) A

Stephens Dairy ##86-23 mailbox:/I/C1/Windows/Application%20Data/Mozilla/Profiles/default/...
• •
Subject: Stephens Dairy #86-23
From: Melissa Rosebrock <[e-mail]>
Date: Wed, 23 Apr 2003 16:48:00 -0400
To- Anita Leveaux<[e-mail]>, Steve Lewis <[e-mail]>, Dennis
Ramsey <[e-mail]>
CC: Steve Mauney <[e-mail]>
Just: spoke with Mr. Goodin with Carolina Farm Credit:. Keith Stephens stall owns his
farm and Farm Credit has a lien on the farm and Keith's house. It is to go to
bankruptcy hearing in 30 days and up for bid auction in 60 days(hope I got that
right, Anita?). If the property doesn't sell, then Farm Credit: will be the owner.
Mr. Goodin also stated that they had re -possessed some of the waste appli, equipment
so he wasn't sure what was on site. Keith told me that he no longer had any waste
appli. equipment. There was about 2" of freeboard when I saw it in March. An
injunction won't work ... no cattle on site. Do we have any other way to get him to
pump it? TRO? I just sent Keith (by sheriff)an NOV/NOI for a sprayfield discharge to
waters on the State —he was spraying in the rain. what is should my/our next step
be now?
Per Mr. Goodin, Keith's current address is PO Sox 314, State Road, NC 28676 or 2671
Poplar Springs Rd., State Road, NC 28676 (he's living with his dad now).
Melissa Rosebrock
NC DEER Ws_nstori-Sa l.em keq:i..on��l Of: it ice
DlvAsion of water Quality, water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice; [phone] ext 265
F2I-X (336) '1'11-4630
1 of 1 4/23/2003 4:48 PM

L_J
•
April 17, 2003
Ms. Melissa Rosebrock
NCDWQ
Winston Salem Regional Office
585 Waughtown Street
Winston Salem, NC 27107
RECEIVED ��
mc. Dept o
APR 2 2 2003
Winston-Salem
Regional p#tir-0
RE: Waste Removal at farm located on Far Welhorne Road, Surry County.
Formerly Stephens Dairy Farm.
Dear Ms. Rosebrock:
This letter is to inform you that I, Keith Stephens, no longer have ownership of
the former Stephens Dairy Farm and am officially out of business. As of today, April 17,
2003, Carolina Farm Credit has taken ownership of the property, as well as all equipment
which would enable us to remove animal waste matter from the facility.
Should you have any questions you may contact Mr. Bobby Goodin, VP/Special
Assets Manager of Carolina harm Credit, at [phone] Ext.128. Mr. Goodins'
address is PO Box 1827, Statesville, NC 28687-1827. If you need any further
information from myself I may be reached at [phone].
Very truly yours,
Keith L. Stephens
cc: Mr. Bobby Goodin, VP/Special Assets Manager

W A Michael F. Easley, Governor
` 0 R pG William G. Ross Jr., Secretary
. North Carolina Dent of Environment and Natural Resources
� r Alan W. Klimek, P.E. Director
Division of Water Quality
o �
NC Department of Environment and Natural Resources
Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, NC 27107
[phone] Fax [phone]
TO:
FAX NO.:
FROM:
DATE:
NUMBER OF PAGES (including this page):
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone]
1aSs
NOCUR
Customer Service
1 800 623-7748

SENDING CONFIRMATION
DATE : APR-23-2003 WED 15:47
NAME NC DIVISION OF WATER QUALITY
TEL - 3367714630
PHONE
89197339612
PAGES
5/5
START TIME
APR-23 15:44
ELAPSED TIME
: 0210511
MODE
: ECM
RESULTS
: OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
roman or+em�. ao.wr
Wn W. qMk. PE. fJYeGRi
nvl.e+a w.a nrtr
NC Department of Envlromnent and Natural Reaourcc+
Dlvtsion of Water Quality
Wimton•Salem Regional Office
585 W.&-n 91"
Wlm ur.salem, NC 27107
(3361771-4600 raa(33E)771-0670
TO, :w
FAX NO-, 4! R• 3 3.94 I� Z� p g 19.L71 • �? �-?-
MOM:
VATF-
NtrmuER or PAGO flmludbe" Pagel: �—
A
lLCpMaiend WMal tluMytWaM OuNry Eetrtun SE6Wwyt�'W� MM1wb�9WfA1.#w'Ar1m [s>dlm�eoo '�

411 B103 at 8:50 PM Intel Connect [phone] Page: 1
Melissa,
Wanted to go ahead and fax this to you and let you know that the original with Keiths signature is in the mail to your office. If you
need us please call 336-366-3771
Thanks
Talley Stephens

4118/03 at 8:51 PM Intel Connect [phone] Page: 2
April 17, 2003
Ms. Melissa Rosebrock
NCDWQ
Winston Salem Regional Office
585 Waughtown Street
Winston Salem, NC 27107
RE: Waste Removal at farm located on Fax Welborne Road, Surry County. Formerly
Stephens Dairy Farm.
Dear Ms. Rosebrock:
This letter is to inform you that I, Keith Stephens, no longer have ownership of the former
Stephens Dairy Farm and am officially out of business. As of today, April 17, 2003, Carolina
Farm Credit has taken ownership of the property, as well as all equipment which would enable us
to remove animal waste matter from the facility.
Should you have any questions you may contact Mr. Bobby Goodin, VP/Special Assets
Manager of Carolina Farm Credit, at [phone] Ext.128. Mr. Goodins' address is PO Box
1827, Statesville, NC 28687-1827. If you need any further information from myself I may be
reached at [phone].
Very truly yours,
Keith L. Stephens
cc: Mr. Bobby Goodin, VP/Special Assets Manager

i
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone]
A
- - --' T - Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Went of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 15, 2003
CERTIFIED MAIL 7001 2510 0001 4778 5703
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Complaint Investigation
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This letter is to summarize an investigation that was performed at your facility as a result of an
anonymous complaint received by the Surry County Soil and Water Conservation District (SWCD) Office on
March 20, 2003 alleging the irrigation of animal waste during a rain event. As required by law, Surry SWCD
forwarded the complaint information to our office. On the same day, Melissa Rosebrock of the Division of
Water Quality's (DWQ) Winston-Salem Regional Office visited your farm to investigate the allegations.
DWQ staff found the following violations that warrant your immediate compliance:
1. On the date of the complaint investigation, Staff observed that the waste level in the waste
storage structure was two inches from overflowing the dam. Failure to maintain the waste level
below the maximum storage volume is a violation of your CAWMP, deemed permit, and
- NCGS ,143-215.1. Our records -also indicatd "that you were previously cautioned" about potential
freeboard violations during your January 2003 compliance inspection and again after a January
29, 2003 follow-up inspection.
2. On March 20, 2003 DWQ staff also observed animal waste being pumped from the waste storage
structure and irrigated during a rain event onto a pasture field owned by Mr. Vernon Medley. The
waste was observed flowing off the pasture and discharging into a drainage ditch. The animal
waste discharge was also observed flowing from the drainage ditch and into a freshwater pond"
owned by Mr. Medley. On the date of the complaint investigation, pond water, also containing "
the animal waste, was overflowing the pond's spillway and combining with another drainage
ditch that flows into the Mitchell River (Class C waters of the State).
Several violations of the CAWMP, deemed permit, and NCGS 143-215.1 were noted as a result of
the unpermitted discharge of animal waste from the sprayfield:
- The CAWMP states that animal waste is to be applied by a pump-and=haul method, not through
irrigation.
- The CAWMP states that animal waste is not to be applied during rain events.
- The CAWMP, deemed permit, and NCGS state that "animal waste shall not reach waters of the
State by runoff, ...direct application, ... or land application." �,
�wQ
MCDENn
Customer Service
1 800 623.7748

•
•
Stephens Dairy
April 15, 2003
Page 2
- The CAWMP states that "Waste shall be applied in a manner not to reach other property and
public right-of-ways."
- The CAWMP states that "Animal waste shall not be discharged into surface waters,
drainageways, or wetlands by a discharge or by over -spraying.
Additionally, the DWQ-WSRO did not receive your monthly application records for February -March
2003 as required by the Schedule of Compliance that was finalized on April 17, 2002. As you recall, the
Schedule of Compliance was developed as a result of a Show Cause Meeting held last year with DENR and NC
Attorney General staff. Per the Schedule of Compliance, monthly waste management records are to be
submitted to this office until the new waste storage pond is completed or the operation and current waste storage
structure is closed -out. The February -March 2003 records should .be.submitted.to our office immediately.
The Winston-Salem Regional Office is considering recommending another enforcement action against
you for the above referenced violations. If you have justification that these violations are caused by
circumstances beyond your control, or you have an explanation that you wish to present, please respond in
writing within ten (10) days following receipt of this notice. The Winston-Salem Regional Office will review
your response and forward it to the Water Quality Section Chief with the enforcement package. In the absence
of any justification, the Regional Office will recommend that an enforcement action be taken against your
facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000 per
day per violation as well as criminal penalties for violations of state environmental laws and regulations.
Please address your response to my attention at the address shown on the letterhead. If you have any
questions concerning these matters, please contact Melissa Rosebrock or me at [phone].
Sin r y,
Steve Mauney
Acting Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DS W CD MRO
Marlene Salyer — DSWCD WSRO
-WSRO`Facility Files
Central Files
t

of warEq
�C, QG
r
o �
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Keith Stephens
Stephens Dairy
165 Oak Lane
State Road, NC 28676
Dear Keith Stephens:
• Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
March 28, 2003 Rtit EIVED +
N.G. Dept. of EHNR s
APR - 1 2003
Wirt eM
R��,o{gal vff+c�
Subject: Application No. AWC860023
Additional Information Request
Stephens Dairy
Animal Waste Operation
Surry County
The Non -Discharge Permitting Unit has completed a preliminary review of the subject application. Additional
information is' required before we can continue our review. Please address the following by April 27, 2003:
1. This office currently has a waste utilization plan (WUP) for this facility that was dated 5/28/1999. The plan
was written for 250 head dairy operation. Subsequent site visits to your facility show animal numbers varying
from 0 to 700 animals at times. Please verify that the same operation and WUP (dated 5/28/1999) is being
followed on this farm and, if so, please address the following items:
a. Page 2 of the waste utilization plan is missing.
b. The technical specialist signature is missing on the WUP.
C. Lagoon volume calculations are missing.
d. Operation and maintenance plan for your farm is missing.
2. If you have modified the WUP since then, please submit a copy of most recent WUP that reflects correct
number of animals, crops grown, field utilized and has field maps with acreage clearly marked on the maps.
Please also include all other missing information listed in Item 1. above.
3. Please also be advised that you need to submit a complete animal waste management certification form if the
animal numbers have changed on this farm from 250 head dairy that it is currently certified for.
Please note that all WUP revisions must be signed and dated by both the owner and the technical
specialist. Please reference the subject permit application number when providing the requested information. All
information should be signed, sealed, and submitted in duplicate to my attention at the address below. The
information requested by this letter must be submitted on or before April 27, 2003 or the Division will
return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be
considered to be operating without a permit.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Internet httpl/h2o.enr.nc.state.us/ndpu
Telephone [phone] Fax [phone]B
Telephone [phone]B
500% recycled/10% post -consumer paper
A
n,cl�EN—it
DENR Customer Service Center
An Equal Opportunity Action Employer

PIease be advised that operation of the subject animal waste management system without a valid permit is
a violation of North Carolina General Statute 143-215.I and will subject you to the enforcement authority of the
Environmental Management Commission. j
If you have any questions regarding this request, please call me at [phone], extension 363.
- Sincerely,
J. R, 9shi
Soil Scientist
w 4° `f Non -Discharge Permitting Unit
cc: Winston-Salem Regional Office, Water Quality
Surry County Soil and Water Conservation District
Permit File
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplede,
or on the front if space permits.
1. Article Addressed to:
A. Si nature
/ , /J ❑ Agent
' `�^__ ❑ Addressee
ran edNa e) C, Date of Delivery -
D. Is delivery Iddress diherent from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
Mr Keith Stephens J
140 Lakeview Drive Ij
State Road NC 28676
3. iZce Type
S
ertified Mail ❑ Express Mail
❑ Registered turn Receipt for Merchandise
❑ Insured Mail C1 C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. A,+"-
t7 7001,;251gj 0001- ►i778 5703�; ;;,, n1nV
PS Form 3811, August 2001 Domestic Return -Receipt ` 102595 Q2•M-0e35
I

Information contained in this database is from non agency sources and is considered unconfirmed.
l4knimal Operation Telei3hone&
DWQ Facility Number
Farm Name
Caller's Name I Ke Wk f2Lejohe-n-3
Reporting O Complaint
Caller's Phone #1 KhAft 33 . 3 7-0
44 15 5u5 Pe-rJ PA a
Access to Farm
Farm Accessible
from main road Yes O No
Animal Population
Confined
Q Yes No
Depop
P Yes Q No
Feed Available
1,q Yes O No
Mortality
Q Yes Xo
Spray Availability
Pumping
Equipment Yes Q No
Available Yes O No
Fields
Date
Time,.
Control Number 2358
Region 51�
Lagoon Questions
Breached
10 Yes No
Inundated
10 Yes No
Overtopped
10 Yes No
Water on
O Yes No
Outside Wall
Dike Conditions
10 Yes No
Freeboard Level
Freeboard
Plan Due Date Date Plan Date Freeboard
Inches
(? equals blank) Received Level OK
Lagoon1 ®
f�
Lagoon2
Lagoon3
Lagoon4
L�.J
Lagoons
Lagoon6
I?
- ..... .�........10.0..If..Q..�...J.Y.t.RX.,.....I L .Ul ,M.�! �.<<-' Mtf�.........�............................................ ..... .. . .......
?� .3.I....o .:..... ..... `> o.r .....:.......... ..�.... > ......1.5.........'..... .., ©.�r�e....r a .�....fI�v................. .
nilda ....,......X..........................................
:..................�.................. .... ...... ..... r ............. ...............................................................
........................................... ............. ...... ..y................. ...... ....
�.....�. j.1.�..f.b�.�....�}...���.:...�.�cil.....�.r.....�.Q.:rd..�...�c..r�.....�.n.............�.�:fP....�:::.....c?f........C��Q.�.�..c�9...`..-��.:�..........
..P�i' �....... 7�?:5........ P:P.. ! ...... .L?. ..P..4 .........�..............
.......................................................................................................................................................................................................................................................................................
.......................................................................................................................................................................................................................................................................................
.......................................................................................................................................................................................................................................................................................
n`taking=call = r1Q� In Run-f—;'
perso�
Comments2

Keith, Stephens
0 imap://Mel issa.Rosow @cros.ncmai1. net:143/fetch%3EU1D%3E/...
i
•
Subject: Keith Stephens
From: Steve Lewis <steve.lewis @ ncmail. net>
Date: Thu, 27 Mar 2003 16:05:22 -0500
To: Melissa Rosebrock <[e-mail]>
FYI - Farm Credit's attorney was kind enough to check for me this
afternoon to see if Keith had filed for bankruptcy. He has not but that
doesn't mean he won't. I've got the phone number for the bankruptcy
court in W-S. It's 336-531-5340. I'll check with them periodically and
keep you updated.
1 of 1 4/3/2003 11:32 AM

L
o�w A r�RQ0
�3 r
O liii� 'C
Keith Stephens
Stephens Dairy
140 Lakeview Drive
State Road, NC 28676
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 13, 2003
RECEIVED
N.C. Dept. Of EHNR
JAN 14 2003
Alan W. Klimek, P. E., Director
Division of Water Quality
Facility Number 86 - 23
Subject: Public Meetings for Draft Renewal of StatLFN%A D}isWha ge AmMal Waste Operation General
Permits
Dear Producer:
Your animal waste management facility is scheduled to be issued coverage under the Animal Waste
Operation General Permits in the near future. The Division of Water Quality (Division) staff is currently
in the process of renewing the Animal Waste Operation General Permits and is scheduled to have the
permit reissued by early April 2003. Once the permit is reissued, your facility would be eligible for
coverage under the reissued permit.
The Division has published a public notice regarding these renewed general permits. A copy of
the draft animal waste operation general permits and fact sheets are available at the website
http://h2o.enr.state.nc.us/ndpu/
or by writing or calling:
Non -Discharge Permitting Unit
NC Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Telephone number: [phone], ext. 574
The Division will be conducting public meetings regarding these renewed permits. The following is a
list of dates, times, and locations of the public meetings:
February 3, 2003; 7-9 p.m.; Kenansville — James Sprunt Community College
February 4, 2003; 7-9 p.m.; Williamston — Martin Community College (Bldg. 2 Auditorium)
February 6, 2003; 7-9 p.m.; Iredell — Iredell County Center
Further information can be obtained by reviewing the Fact Sheet available at the website and address
listed above.
Cc: ' W on-Sglem.Regional_Office;_Dlvlsian-of=W5fer-Quglity
Surry Soil and Water Conservation District
Permit Application File 86 - 23
��Q
N DENR
Non -Discharge Permitting Unit Internet httpa/h2o.enr.nc.state.us1ndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
Customer Service Center Telephone [phone]
An Equal Opportunity Action Employer 50% recycled110% post -consumer paper

Form SLUR-1 Slurry and Sludge Application Field Record
For Recording Slurry Application Events on Different Fields ' +
Farm Owner e ,�C Facility Number I 7L • .2' -
Spreader Operator
Tract #
Field #
Date
(mnVdd/yr)
Crop Type
Field Size
(acres)
Application
Method l
# of Loads
Per Field p —
Volume of Loads 2
EIVED (gallons)
N.C. Dekt.
of EHNR
1
e /,'ss7x,
Winston-Salam
ReMor
of
Q e A4,S
%%
ly'as
u r,.
SI = soil incorporated (disked); BR = broadcast (surface applied)
Can be found in oceratoes manual for the spreader. Contact a local dealer if you do not have your owners manual.

ad
S8 5 �G �S.��a wn S�•
�v ns An 5,- km MC,
•
7
i

EIVED
V.C. Mpt. of EI`I.N,R,
} Waste Utilization Agreement VJi , rn
(Needed only if additional land has to be leased, etc.) Ra io-aal Off its
I, hereby give eo permission to apply waste from his
Waste Utilization System on 5 c acres of my land for the duration of the time shown below. The field(s)
on which waste can be applied are shown on the attached map.
I understand that this waste contains nitrogen, phosphorus, potassium and trace elements, and when properly
applied should not harm my land or crops. I also understand that the use of animal manure will reduce my need
for commercial fertilizer.
Landowner: Date: 9-
Term of Agreement: :00Z to bs
(Minimum Ten Years on Cost -Shared Items)
d
NRCS, NC
FEBRUARY, 1998
Rev. 3

Waste Utilization Agreement
(Needed only if additional land has to be leased, etc.)
I, V hVeby give SPZL -� permission to apply waste from his
Waste Utilization System on whole T1 nacres of my land for the duration of the time shown below. The field(s)
on which waste can be applied are shown on the attached map.
I understand that this waste contains nitrogen, phosphorus, potassium and trace elements, and when properly
applied should not harm my land or crops. I also understand that the use of animal manure will reduce my need
for commercial fertilizer.
Landowner: Date: , ,_ f ; T'.•O L
Term of Agreement : - 2 — to
(Minimum Ten Years on Cost -Shared Items)
p
MRCS, NC
FEBRUARY, 1999
Rev. 3

td,-/X
34s/ s;yhc�
•
Waste Utilizatlon Agreement
(Needed only if additional land has to be leased, etc.)
hereby giver_ .� .�.�...5 permission to apply waste from his
Waste Utilization Systeni on acres of my land for the duration of the time shown below. The field(s)
on which waste can be applied are shown on the attached map.
I understand that this waste contains nitrogen, phosphorus, potassium and trace elements, and when properly
applied should not harm my land or crops. I also understand that the use of animal manure will reduce my need
for commercial fertilizer.
Landowner: x�d� _ at Date: G / - 4 2 , OA
Term of Agreement: l S 4 G to --
(Minimum Ten Years on Cost -Shared Items)
111-w oecl
fob ��t
�!D
NRCS, NC
FEBRUARY, ] 998
Rev. 3

.. "�r:''•!:�;;4`}a�'� -'-» �..tn�.r`c ;:�r ^u,:. ��c' .. '^`.'� �: y.�- ,�4,��F �">:;y".!�-���Siy;'�.'.`; �•Ei
WASTE UTILIZATION- PLAN
ANIMAL WASTE UTILIZATION AGREEMENY:" .:
(Needed only if additional land has to be leased, etc.)
I, dY) hereby give
permission to apply animal waste .from his
Waste Utilizati System on acres if my land for the duration of time
shown below.
I understand that this waste contains nitrogen, phosphorous, potassium, and other
trace elements and when properly applied should not harm my land or crops. I also
understand that the use of waste will .reduce my need for commercial fertilizer.
Adjacent Landowner: Date:
Waste Producer:Date:
Technical Representative:
Date:
S WCD Representative:
Date:
Term of Agreement: to -/5= g �' ,�9" to /0-/5- , 200-5-
(Minimum of Ten Years on Cost Shared Items)
(See Required Specification No. 2.)
m

WASTE UTILI..
Z2_TION PLAN- j=
WASTE UTILIZA'T'ION P1,AN AGZEEME�7_
Name of Farm:
Cwner/l%fanager Agreement
I (we) enderstand.and will follow and=mplement the specification
and the operation 'and maintenance procedures established in the
approved an_:_mal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
waste tr eat_ment and storage system or const= action of new
facilities will require'a new certification to be suhm:.tted to the
Division of Environment Management (OEM) before the new animals are
stacked. I (we) also understand that there must be no discharge of
animal waste from this system to surface wasters of the state f_om
a storm event less severe than the 25-year, 24--hou= star:a. The
approved plan will be filed on -site at the fa_--1 office and at the
office of the local Soil and Water Conservation District and will
be available for review by DE1 upon request.
Name at Facility Owner:&i&
i
(Please print)
Signature: Date:. a
Name of Manager (I= cliff Brent from owner):
Signature: Date:
Name of Techa' al Specialist: (plaasa prim)
Affiliation: ._ ..._._
Address (Agency):
Signature: Date:

WASTE -UTILIZATION -PLAN --
ANIMLL WASTE Um-MIZATION AG7EE74ENT
(iwdvW aalr 11 aedi tleeal land hem to be loomed, eaa.)
I hersbv S=ve'` �� „✓_
pe�:.ss_cn to a-al�r an-zal waste h,s WasteUt, 1_cat-on 5vs te_�t
oa �0 acres of my land for the duration af' -.Lme shown below.
r understand that this waste contains nit_ogen, phosphorous,
petassiu.�, and other, trace elements and when properly applied
should not har= my land or crops. I also understand that the use
of. waste will reduce my need =a_ c^r:xiercial
Adjacent Landowner; The.
�ru� � Cee-"(
+hye5
Date:
Waste Producer: _,.—�
.-�l.
P A S
'Date:
Technical -Representative:
Date:
swcD Representative: Date:
Term of Agreement: %'19`71 to 1-3 zoo,-/
(Mlnimtm at .aa Soars an Coal Shared :Gems)
(see Raguired Speci__catian go. 2.)
T 19 96

.;-. S:TE UTLLIZAT:ION -PLAN
ANIi�M-T., WASTE: UT_LZZATION AGRZQ,4QkTT
(NO"04 eel► Ll •d"Unsel L+sd 3sa to as J&Oaed, a9a.J
I , rOer' i li hereby rive ��Cfai�af?S
oBr :.ss_Cn to a !ply an, .-gal waste frcm hos Was ze Ut,i_zat-on Svste—
oa Tom _" acres of my land for the duration of time shown below
_T understand that this waste contains nitrogen, phosphorous,
potassit:.^i, and ocher. trace elements and when properiy applied
should not harz. my land or crops. i also understand that the use
at waste wi? ? :educe my need Or commercial feet' ? _zee .
Adjacent Landowner: EV IA" Sorr/.�z" Date:
Waste Producer: __- _ ^Date:1
Technical Representative: Date:
SWCD Representative: Date:
Ter:: of Are a e:: en t : to z 0!l4
(lu.ai+nux at Tax Sears as Cos= Shared J: texas )
(See Required 2.)
Ig-79

... � ,. ,^ ; ... .. ...
,...-.. - a i, ,r �..i,�;.,; ,. ,�� ,..,... r. ��.t..,ygrY•,`#':R'32'cr��::r..r'rrrn�+;�:°1�,+�..r''. +Y.-+ma,r,_ ���,,:,.w•...a:n.�x R'y%Y'':y-:' �,i,��,yi
WASTE
UTILIZATIONTL�AN
I, hereby give
ner4ission to apply animal waste from his
Waste Utilization ystem on �.� acres if my land for the duration of time
shown below.
I understand that this waste contains nitrogen, phosphorous, potassium, and other
trace elements and when properly applied should not harm my land or crops. I also
understand that the use of waste will reduce my need for commercial fertilizer.
Adjacent Landowner: LI-4Date:
Waste Producer: �,%,l �,� —�' o-;5:e1 Date:
Technical Representative:
Date: :YT"
SWCD Representative:
Date:
Term of Agreement:
to
(Minimum of Ten Years on Cost Shared Items)
(See Required Specification No. 2.)
20
10

WAS -UTILIZATION Q�AN�
} ANIMAL WASTE iJ'?�1LIZATION AGREM1i,EN'£
(me"" "Ir it •ddlnleael lsed bee ee De 1+u.1/, &ea.) '
cc1✓� hereby give 7�/? . S� /enX
pe ss�aa to appiy animal waste from has Waste UtH,7zaz_=on Svste",
on rT acres' of my land for :the duration of time shown below.
1 understand that this waste contains nitrogen, phosphorous,
potassium, and other trace elements and when properly applied
should not ham my land 'or crops. I also understand that the use
of waste will _educe my need for commercial
Adjacent Landowner:' �1 , Date:. 7 w OQ-
waste Producer: Date: %' %— UZ ,
Technical Representative: Date:
SWCD Representative:
d
Ter::: of Agreement: , 19 + to
(N1Fimum at .an Sears an Cost Shsred Ztams)
(See Required SgeciSliextion No. 2.)
Date:
2002

I (we) understand and will follow and implement the specification and the operation
and maintenance procedures established in the approved animal waste utilization
plan for the farm named above. I (we) know that any expansion to the existing
design capacity of the waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the Division of
Environment Management (DEM) before the new animals are stocked. I (we) also
understand that there must be no discharge of animal waste from this system to
surface wasters of the state from a storm event less severe than the 25-year, 24 hour
storm. The approved plan will be filled on -site at the farin office and at the office
of the local Soil and Water Conservation District and will be available for review
by DEM upon request.
NAME OF FACILITY O" NER:
'(Please print)
Signature:
Name of - Manager
Signature:
Name of Technical Specialist: (Please Print)
Affiliation:
Address (Agency): . N 1? C 5
(If different
Greg Go;n3.5
Date:
from owner) :
Date:
}
Signature: /,���
8

'orm SLUR-1
Slurry and Sludge Application Field Record
For Recording Slurry Application Events on Different
Fields
Farm Owner
= t 5
Facility Number g
- a 3
Spreader Operator
S
Tract # Field #
Date
Crop Type
Field Size
Application
r
# of Loads
Volume of Loads Z
(mmfdd/yr)
(acres)
Method
Per Field
(gallons)
S /1
4ek as twe
a
00
3000
0a
Se Pas
33
3000
a
a
Sc -&
3 ls
B�
300.0
r
2
as
3S
�2
30o0
S s-
a
e
3�
g�
as
30ao
a s
Lai
�S
oz
it i'Jii rteM
Ret Iona! Officca.
I = soil incorporated (disked); BR = broadcast (surface applied)
�.. I--.—i...4 in nruwafnes manual for the spreader. contact a local dealer if you do not have your owner's manual.

'orm SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
g q a
Field #
oZ
_ c
JVj? LaK 4 l
a� C �g67b
N.C. Dept - L)1 EHEN R
C CT 3 1 2002
Facility Number v 6 H e j i o n a l V rj;iq;
Spreader Operator Q," �Z rti S
Spreader Operators IVO � ' A) e 8 7
Address $ a 6 6
Operator's Phone # 3 & 6- 3--A--I
From Animal Waste Management Plan
Crap Type
Recommended PAN
5r�.
Loading (lb/acre) _ (S)
(1) (2)
(3)
(4)
(5)
(6)
(7)
(8)
Date
'mmlddlyr)
# of Loads Per Field
i
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gailac)
(4) + (A)
Waste Analysis 2
PAN (lb/1000 gal)
PAN Applied
(lb/ac)
I(5) x (6)] + 1,000
Nitrogen Balance 3
(Ib/ac)
(g) -(7)
I a;L
00
3oa
ooao�s—
s
0a
3000
000
/S7t
:1
77S
Crop Cycle Totals
D 0
S
Owners Signature VY—
Certified Operator (Print)
Operator's Signature
Operator Certification # 2— 3Z
,'an be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
iee your animal waste management plan for sampling frequency. At a minimum, waste analysis Is required within 60 days of land application events.
----- •. --a—f h.. niihtractino column (71 from (B)_ Continue subtracting column (7) from column (8) following each application event.

•orm SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Prone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
a
Field #
33
�q.o k96 76
--?aD-0
R E-! V F-.-D
.C.. � I -H
O C T 3 1 2002
Facility Number $ ' —Pin F ; } i i � f , s.
Spreader Operator '5 �P"g
Spreader Operator's 4� )./�
Address /5 0 I-e '0f OL
Operator's Phone # 336 34 - 3
From Animal. Waste Management Plan
Crop Type 1.Q �� Recommended PAN
S C iti� �. Loading (ib/acre) = (B) L l3
(1) (2)
(3)
(4)
(5)
(6)
(7)
(8)
Date
(mm/dd/yr)
# of Loads Per Field Volume of Loads l
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
2
Waste Analysis
PAN (lb/1000 gal)
PAN Applied
(Iblac)
[(5) x (6)l + 1,000
Nitrogen Balance
(lb/ac)
`d a Oa
3000
'-7a0o0
i�4.1
303000
1 0000
9 A g
Crop Cycle Totals
Q
p
n
Owner's Signature��
Certified Operator (Print)
Operator's Signature
Operator Certification #
Can be found In operators manual for the spreader. Contact a local deafer if you do not have your owner's manual.
See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
.. - - —- _._......,,---A — .,,hrractina column (7) from (B). Continue subtracting column (7) from column (8) following each application event.

"orm SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
EcrFIVED
qqG. U r- . of .EHNR
OCT 3 1 2D02
One Form for Each Field Per Crop Cycle Winston-Salem
Facility Numberegior a3
r a 5
Field #
3�
140
Spreader Operator
Spreader Operator's
Address AIC
Operator's Phone # [phone]
From Animal Waste Management Plan
Crop Typ_ Recommended PAN
=0-ZS Loading ¢b/acre) = (d)
(1) (2)
(4)
(5)
(6)
It -Al
(8)
Date
(mrn/dd/yr)
Total Volume
# of Loads Per Field Volume of Loads t (gallons)
(2) x (3)
Volume Per Acre 2
(gal/ac) waste Analysis
(4) + (A) PAN (lb/1000 gal)
PAN Applied
(Ib/ac)
[(5) x (6)] + 1.000
Nitrogen Balance 3
B) - (�
(B)
,yy
1 0,q0 00
1 /
17S /gyp
J)
5 0, L
3000 Wig0
all
a,
3 30o a g0oa
3q,0
$6
Crop Cycle Totals
5*0.
Owners Signature
Certified Operator (Print)
MOFA
/
. ,
Operator's Signature
Operator Certification # ;:2- 7
Can be found in operator's manual for the spreader. Contact a local dealer If you do not have your owners manual.
See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
- _._.___ --­4 — --mm ainn column (71 from (B). Continue subtracting column (7) from column (8) folkWng each application event.

:orm SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
SS'a s
Field #F
a
3,0
ko-lzft
3 -3 a-
R E C V ED
P
0 C T 3 1 2002
Facility Number g ?egi0i a!2� ;fice
Spreader Operator life. W,s ke..4 s
Spreader Operators o 4,, *�ze ll-Q,,�
Address <& /?-/_
Operator's Phone # — 3 2Zv
From Animal Waste Management Plan
9. Recommended PAN f
Crop Type � 0.5 � Loading (lb/acre) = (s) r 3�
(1) (2)
(3)
(4)
(5)
(6)
(7)
(8)
Date
(mmldd/yr) # of Loads Per Field
I
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
Waste Analysis 2 PAN Applied
(lb/ac)
PAN (Ib/1000 gal) 1(5) x (6)) + 1,000
Nitrogen Balance 3
(lblac)
(13) - (7)
f0 10
-30 00
300 00
10000
Crop Cycle Totals
0 000
Owner's Signature
Certified Operator (Print)
Operator's Signature c..�� Z 464'rv�
Operator Certification # _ 2—,C/ �z
Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required whin 60 days of land application events.
---- -•.� — - i t n„ nahrractino column (7) from (B), Continue subtracting column (7) from column (8) following each application event.

orm SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owners Address
Owners Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
,v-s5aS
Field #
3
.D
e V6 7Z
b 3 6 -3a-.)-0
Fadlity Number I T40
Spreader Operator S
Spreader Operators ff,p �G,�
Address 01 9r,6 79
Operators Phone # 3 b 6 —3,
From Animal Waste Management Plan
Crop Type -.e o�ST,�,r4p— Recommended PAN
Loading (lb/acre) = (B) 13
(1) (2)
(3)
(4)
(5)
(6)
(7)
(a)
Date
mmldd/yr)
# of Loads Per Field
i
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gal/ac)
(4) t- (A)
Z
Waste Analysis
PAN (Ib11000 gal)
PAN Applied
(lblac)
[(5) x (6)1 + 1,000
Nitrogen Balance 3
(lb/ac)
(B) - (7)
o o
2v
600,00
6vU
r
6
d
—70—
Crop Cycle Totals
00
a
Owners Signature Operator's Signature
Certified Operator (Print) ,� S S Operator Certification #
;an be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual_
tee your animal waste management plan for sampling frequency. At a minimum, waste analysis Is required within 6D days of land application events.
....i.._ „.e.. bw mtihtractino column 17) from (B). Continue subtracting column (7) from column (6) following each application event.

Form SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owners Phone #
•
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
1917
Field #
R,eNnIlC o
. � j r � � � �Cf r? p6•�5�
Facility Number I VL' ?-3- -
Spreader Operator G%r'4 e- �,✓S
Spreader Operator's S
Address 11 , 4/, Al—"
R 2, K7w-'
Operators Phone # e 6' 3 Z Z Q
From Animal Waste Management Plan
G �� Recommended PAN
Crop Type Loading (Iblacre) = (B)� s
(1) (2)
(3)
(4)
(3)
(6)
(7)
(8)
Date
(mmlddlyr)
# of Loads Per Field
Volume of Loads t
Total Volume
(gallons)
Volume Per Acre
(gallac)
Waste Analysis z
PAN (1b/1000 gal)
PAN Applied
(Iblac)
x + 1.000
Nitrogen Balance 3
B) - ( )
.2o-02
3oio
- D00
f) •,�
1
. to
(-IS,-0-Z
Z
ad
e,p
5a�a.
�.
O-
Adak
Y+
109MFIVED
.t_ of EHn 8
: AG f:M
Crop Cycliq Totals
Owner's Signature Operators Signature
Certified Operator (Print)
Operator Certification #
' Can be found in operators manual for the spreader. Contact a local dealer if you do not have your owner's manual.
2 See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
. . .-. . - — n...,. ... •._ _,._� 1, ,..•w "I #— —1—' to% f..11n••rinn —h - —Iirnfinn m—nf

J
Form SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owners Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
S
Field #
E/-,z 6
SZ • y9
5-1, 4/, �/ , c . 244 -7
Facility Number . ,Z ,3 -
Spreader Operator
Spreader Operator's
Address
Operators Phone # 36 ` _ 3 2 Z o
SFrom Animal Waste Management Plan
Crop Type Q Recommended PAN
^ASS h',Loading (lb/acre) = (B)
(1) (2) (3) (4) (5) (6) (7) (B)
Date
(mmlddlyr)
# of Loads Per Field
Volume of Loads r
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
I
Waste Analysis
PAN (Ib/1000 gal)
PAN Applied
(Iblac)
I(6) x (6)) + 1,000
Nitrogen Balance 3
(Iblac)
(g) - (7)
•Zsu-U.
130
3000
coo
NO, IJ
9.1
61.61
.3
-��
2.2-
a
C60 6
/-117-3
c/ZZ,
Crop Cycle otals f
Owner's Signature . Operator's Signature w
Certified Operator (Print)
Operator Certification # 12 ��
�s
Can be found in operators manual for the spreader. Contact a local dealer if you do not have your owner's manual.
= See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.

J
Form SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owners Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Field #
Ao, rl C -L & -7
Facility Number F YZ • - Z -7
Spreader Operator
Spreader Operator's
Address
Operators Phone # 3Z Z d
From Animal Waste Management Plan
Crop Type Recommended PAN
!'� S� �r�,�� Loading (Ib/acre) = (B) S o
(1) (2)
(3)
(4)
(5)
(6)
(7)
(8)
Date
{mmlddtyr)
# of Loads Per Field
Volume of Loads l
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
I
Waste Analysis
PAN (lb/1 000 gal}
PAN Applied
(Iblac)
((5) x (6)) + 1.000
Nitrogen Balance 3
{Ib/ac)
o00
9,1
1
2�z- 3�
'� I
3
S� �•�
3 DI
4-0
12
Crop Cycle Totals
Owner's Signature _ T� T Operator's Signature
Certified Operator (Print)
Operator Certification # ;? 51 C'32-
' Can be found in operatoes manual for the spreader. Contact a local dealer if you do not have your owners manual.
' See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
. — • —, -+ - - — -- ,._L, -, r_-.,_ __L.-... Im r-11^..inn —h-.nnlie-+linn —­#

Form SLUR-2
Tract #
Field Size (acres)- (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number I Ft „2 3
Spreader Operatorhew-
Spreader
Operator's Address ��D N ,C, 214
7j(
�'�A-TG
Operators Phone # 3 3L L a
From Animal Waste Management Plan
Type Recommended PAN
Crop yp Loading (lb/acre) = (B)
(1) (2)
A 1L
Field #
/
SS ee SAa, 5h �
-5-4 J , W, 0 . 1417 �
(3)
(4)
(5)
(6)
(7)
(8)
Date
{mmlddtyr)
# of Loads Per Field
t
Volume of Loads
Total Volume
(gallons)
(2) (3)
Volume Per Acre
(ga+lac)
(4) (A)
2
Waste Analysis
PAN (Ib110D0 gal)
PAN Applied
x (lblac)1 000
I(5) (6)1
Nitrogen Balance 3
(lb/ac)
(B) -)(7)
ff
i1­62
r
OD
Db0
4
Crop Cy le Totals
Owner's Signature Operator's Signature
Certified Operator (Print)
Operator Certification #
62 Y 832-
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owners manual.
See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
.. ._. 1 1-1 — _.... _--h..,,,, 1-1 r_...._ !oN s..11n.d..n n.. rl.-.nnlir-14inn n. M

Form SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owners Phone #
•
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number 6
Spreader Operator , '
Spreader Operator's /
Address S/. xG //(f 17G 7�
Operators Phone # _ S Q-26
From Animal Waste Management Plan
Crop Type Recommended PAN
1<5:P-T Loading Qblacre) = (B)
(1) (2)
(3)
(4)
(5)
(6)
(7)
(8)
Date
(mmldd/yr)
# of Loads Per Field
Volume of Loads 1
Total Volume
(gallons)
(2) X (3)
Volume Per Acre
(gallac)
(4) + (A)
2
Waste Analysis
PAN (Ib/11700 gal)
PAN Applied
(Ib/ac)
L((5)) x (6)1 + 1,000
Nitrogen Balance 3
(lblac)
(B) _ (7)
<906
Se 000
-
3d0d
4/9:040C3
.2-gcmy1`
.!
/7. 79
/3Y��� �.
Crop Cyc! Totals
Owner's Signature Operator's Signature
Certified Operator (Print)
Operator Certification #
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
: See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.

•
Meeting with Keith Stephens
Waste Storage Plan
454 acres minimum
725 additional cows
Tracts
January 7, 2002
2:00pm
RECEIVE[)
N.C. Dept. of E HNR
MAY 17 2002
will"Mon -s"'ler1I
Rogiona. Offj�s�
T 2089 Keith Stephens•
27.91 ac
T 25744 � Vernon Medley—
/ -�___ 20.56 ae� corn (picking) Fields 4, 7, 10
-11.03 ac t, millet (Spring) & rye (Winter) Field 8 30-800 lb. rolls
t� C91
46.84 ac X\grass (grazed)
> Durwood Stephens 13.e h� hcj 14o vse
15.18 ac grass (grazed) Fields 1, 2
/ T 1917 ; Ronnie Sturgill (w� �.1,'/,�r,�,_�. Name Change
1.40 ac grass (grazed) Fields 1, 2
✓ \ 2? Stephen Motsinger ,
52.49 ac hay Fields 4, 5, 6
grass (grazed) Fields 1, 2, 3
r�*teve Slaughter Nbinfoi-nation
T 18 9 Joe (Robert) Guyer
ac crop Field 1 Puff Crop rReport
-- ✓ TQG+� Durwood Stephens Na 0./,,d � ,
p fin, � � � � 1 No �Infarmatifln
.T 2 Chrystal Morphis
`----'17.16 ac Field 1
T 1886 Eldon Nance
16.9 ac grass
T 1887 Eldon Nance
25.17 ac
T Monick Durham No Information
T 1922 Mike Park
56.45 ac
T 25745 Edith Southard & Vernon Medley
36.39 ac Fields 11, 12,13
T 1892 Cecil Hayes
52.0 ac
T 2673 Edith Southard
79.53 ac Fields 14, 6-12
T 2674 Edith Southard
54.0 ac Fields 1-9, Field 2 No -till corn
Total 557.49 acres
Meets more than the minimum requirement due to some fields being in crops.

Form SLUR-2 Slurry and Sludge Application Field Record
5
t� jOne Form for Each Field Per Crop Cycle
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Field #
O
J l � � i "• �`r �ID •Y
Facility Number 4 . Z. 3
Spreader Operator a jrf/ G GAS
Spreader Operator's S f , A/
Address t
Operator's Phone # Z 7-
From Animal Waste Management Plan
rr Recommended PAN
Crop Type �� Loading (lb/acre) = (B)
U
(1) (2) (3) (4) (5) (6) (7) (8)
Date
(mmlddlyr)
# of Loads Per Field
Volume of Loads r
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gal/ac)
(4) + (A)
I
Waste Analysis
PAN {Ib/1000 gal)
PAN Applied
(Ib/ac )
l(5) x (6)] +1.000
Nitrogen Balance 3
((Bl)la(7)
, 20- 6
3
3obo
9d
Owner's Signature
Certified Operator (Print)
Crop Cycle Totals I I I I
Operator's Signature
Operator Certification # 2— V-S32.
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owners manual.
2 See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
.. .. ..m r�.. r.., ...�_--r,..,, .-..i.,...n ice% r..........I,,.,-.n 0% f^IIA—inn —rh nnnlirnfinn wvpnf

Form SLUR-2 4AY Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owners Phone #
,z 5,7 Y q
Field #
g
,o3
Facility Number 1 SZ— Z 3 -
Spreader Operator
Spreader Operator's to L,a,�. 54 • .
Address
Operator's Phone # 36 to z Z a
From Animal Waste Management Plan
Recommended PAN
Crop Type Loading (lb/acre) _ (B) J a
141
r51
rs1
ral
Date
(mmlddlyr)
# of Loads Per Field
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
z
Waste Analysis
PAN (Ib/1000 gal)
PAN Applied
(Iblac)
[(5) x (6)] + 1.000
Nitrogen Balance 3
Ib/ac
(B) - (7)
' 17 ' o L
I 'D
0O,0
(00,000
5t39,7 0
100 ,
Crop Cycle Totals
Owner's Signature Operator's Signature
Certified Operator (Print)
Operator Certification # .2, 4 9 3 Z
' Can be found in operators manual for the spreader. Contact a local dealer if you do not have your owner's manual.
2 See your animal waste management plan for sampling frequency. At a minimum, waste analysis Is required within 60 days of land application events.

Form SLUR-2 Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Tract #
Field Size (acres) = (A)
Farm Owner
Owners Address
Owner's Phone #
Field #
4— _ i o
]�rI i.
Facility Number i V6. Z _
Spreader Operator G �-rw SSG G,dS
Spreader Operators Address /46 L
Operators Phone # .3 L L 0
. From Animal Waste Management Plan
Crop Type
Recommended PAN O O
Loading (lb/acre) = (B)
(1) (2)
(3)
(4)
(5)
(6)
(7)
(8)
Date
(mm/dd/yr)
# of Loads Per Field
Volume of Loads
Total Volume
(gallons)
(2) X (3)
Volume Per Acre
(gal/ac)
(4) + (A)
Waste Analysis 2
PAN (lb/1000 gal)
PAN Applied
(lb/ac)
[(5) X (6)] + 1,000
Nitrogen Balance 3
Ib/ac
( J
3,
3000
,000
(00
300,—
r, a o a
&-7S"`I-8
9-1
Sz •s2
96
Crop Cycle Totals
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator Certification # 2
' Can be found in operators manual for the spreader. Contact a local dealer if you do not have your owner's manual.
2 See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
..,, , o- % s,n.., im rnnfiniiP a,iMrnrfinn rnliimn 171 from rnlilrnn (A) f0towinn P.ach annliratinn event.

Form SLUR-2
Tract #
Field Size (acres)_ (A)
Farm Owner
Owner's Address
Owner's Phone #
l
eand Sludge Application Field Record
One Form for Each Field -Per Crop Cycle
Field #
NO
Y e�,
5. 1 e . u
' Wy V_f Facility Number Y L — L3 -
Spreader Operator
Spreader Operator's
Address
Operator's Phone# 36 t - 3Z Zo
From Animal Waste Management Plan
/' Recommended PAN
Crap Type , S C GLCr Ca��f`SS Loading (lb/acre) _ (B)
(t t (2) 131 ray rs) rs) fn (RI
Date
(mm/ddtyr)
# of Loads Per Field
Volume of Loads l
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
2
Waste Analysis
PAN (Ih11000 gal)
PAN Applied
(lblac)
((6) x (6)) + 1,000
Nitrogen Balance 3
(lblac)
/ �o
000
51��,aao
4,07. i
, I
87� z
Z •S
Owner's Signature
Certified Operator (Print)
Crop Cycle Totals I I
Operator's Signature
Operator Certification #
rZt/ g'T1Z
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
2 See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
-.. .- . ...C.....,. 11n sr,— IM r'nnlimtP eIthfrprrinn rnlmmn (7) frnm rnlmmn (R) fnllowinn each application event.

o�
Form SLUR-2 �b ,l Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Tract #
Field Size (acres)_ (A)
Farm Owner
Owner's Address
Owners Phone #
lylg
Field #
/ e Z
Dug CJ6 C n ebAewx
Facility Number — Z 3
Spreader Operator
Spreader Operators �C �Q, �
Address 54-4
Operators Phone # C - 3 Z 2, G
From Animal Waste Management Plan
/r Recommended PAN
Crop Type
R�"Z �O �1 ,5 Loading (lb/acre) = (B)
(1) (2)
(3)
(4)
(5)
(6)
(7)
(8)
Date
(mmlddlyr)
# of Loads Per Field
1
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gavac)
(4) * (A}
2
Waste Analysis
PAN (lb/1 gal)
PAN Applied
x (lb/ac)
((5) (B)] 1,000
Nitrogen Balance 3
(lblac)
(B) _ (7)
DOD
Owner's Signature
Certified Operator (Print)
Crop Cycle Totals I I
Operator's Signature
Operator Certification #
,�-5�83Z
1 Can be found in operalor's manual for the spreader. Contact a local dealer if you do not have your owners manual.
r See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
. .-. ..+. n_.. ,.ti.�...-r..... r.. ..-+.. r-n r.. , ..,,h..,.n /41 F..Ilrnrrinn nnrh-,nnlirn4lnn —Pnl

Form SLUR-2 Slurry and Sludge Application Field Record
? One Form for Each Field Per Crop Cycle
s
Tract #
Field Size (acres) = (A)
Farm Owner
Owners Address
Owners Phone #
Field #
R ,4L o i s
�41'E R..Ao,IJ •ZPG-7�
Facility Number G - -Z 3
Spreader Operator G Zr
Spreader Operators
Address 7` d
Operators Phone # G 3Z Z Q
0 From Animal Waste Management Plan
Recommended PAN rJ
Crop Type Loading (Iblacre) = (B)
T
rn 121 131 (a) ra) 16) r71 (8)
Date
(mm/ddlyr)
# of Loads Per Field
Volume of Loads i
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
z
waste Analysis
PAN (lb/1000 gal)
PAN Applied
(lblac)
l(S) x (6)] -�- 1,000
Nitrogen Balance 3
(lb/ac)
(B) - (7)
��D• v2
,1'-0
3oa o
ISo,ovn
4�!
9.1
•Sy
d , yL
Crop Cycle Totals
Owner's Signature
Certified Operator (Print)
Operator's Signature
Operator Certification # v2 T 09.32—
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owners manual.
2 See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
- .. — 1 ..., —.....- -.., — -;-- — s.....- ....1....-.,, /O\ —h--n1

�J
Form SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owners Address
Owners Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
66N014
S
Field #
/- 2
Sz • y9
5're r04e.l /r7 o-rs i Ae E
S-� , ,� , ,✓ , c . 2k6
Facility Number
Spreader Operator
Spreader Operator's
Address S ,4T� b^a, / /,C •'-r(4
Operator's Phone#b jz Z. o
. From Animal Waste Management Plan
Crop Tyre Recommended PAN
�� SS FQ Loading (lb/acre) = (B)
(3)
(4)
(5)
(6)
(7)
(8)
Date
(mmlddlyr)
# of Loads Per Field
Volume of Loads t
Total Volume
(gallons)
Volume Per Acre
(gallac)
2
Waste Analysis
PAN (Ib/1000 gal)
PAN Applied
(lb/ac)
x + 1,000
Nitrogen Balance 3lb/ac
( )
Zs-u 1r.
130000
Q o n
q Z9,
9. fLO
Owner's Signature
Certified Operator (Print)
Crop Cycle Totals I I
Operator's Signature
Operator Certification #
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owners manual,
2 See your animal waste management plan for sampling frequency. Al a minimum, waste analysis is required within 60 days of land application events.

Form SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owners Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
5 ,4jL
Field #
f
4
S e-vLE S A k h +-e-lC
s-,P-J,WtC.Z�l7:�
Facility Number 2 3 _
Spreader Operator d
Spreader Operators Address ��O A( -C. 2,A Al��`.4TG �
Operators Phone # 3 .3LZ a
From Animal Waste Management Plan
r Recommended PAN l
Crap Type (p Loading (Iblacre) = (B)
(1) (2)
(3)
(4)
(5)
(6)
(7)
(S)
Date
(mmlddlyr)
# of Loads Per Field
Volume of Loads t
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
Waste Analysis 2
PAN (Ibl1000 gal)
PAN Applied
(lb/ac)
I(5) x (6)] + 1,000
Nitrogen Balance 3
(Iblac)
(B) _ (7)
1-6,Z
3000
oao
Owner's Signature
Certified Operator (Print)
Crop Cycle Totals I I
Operator's Signature
Operator Certification # O` Y 8 3 Z-
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.
.,. 1 ....—_........_ _. _-- r-. s— ....L....., /n1 L.IIna�G..... 6 -..+r H"linn —..04

Form SLUR-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number I Wt- -L 3 _
Spreader Operator 7
Spreader Operator's C r � � /
Address 1 r �c� Ii" ?.�F4 7
Operator's Phone # 3 1 Z G
. From Animal Waste Management Plan 7
7 Recommended PAN
Crop Type ��� ��rQ Loading (lb/acre) = (B)
(1) (2)
D
Field #
VL Q la1 p o � S
Z947
(3)
(4)
(5)
(6)
(71
(8)
Date
(mm/dd/yr)
# of Loads Per Field
Volume of Loads 1
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gal/ac)
(4) + (A)
2
Waste Analysis
PAN (lb11000 gal)
PAN Applied
(lb/ac)
[(S) x (6)) + 1,000
Nitrogen Balance 3
(lb/ac)
(B) - (7)
� ZR-3a-
voa
0 c o
99J-9
9,1
G.F
rt
rl�
t '�r
6U
Owner's Signature
Certified Operator (Print)
Crop Cycle Totals I II j
Operator's Signature
Operator Certification # �Yi Z
' Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
See your animal waste management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events.

NCDA A ronomic Division
4300 Reed Creek Road Ralei - , NC 2760776465
1919).733-2655::. __ .. _.
Report No: 25872
Grower: Stephens, Keith
Copies to:
'
140 Lake View Dr
State Road, NC 28676
_
oil
Test Report Farm:
3/25/02 SERVING
N.C. CITIZENS FOR OVER 50 YEARS
SU= County
Agronomist Comments:
A
3,12
Field Information
lied Lime
Recommendations . -7
Sample No. Last Crop
Mo
Yr T/A
Crop or Year Lime
N R05 IMO
Mg Cu
Zn
B
Mn
See Note
2089 Small Grains
Ist Crap: Small Grains 1.8T
80-100 0 0
0 0
0
0
3
4IT,estsults
2nd Crop:
Soil Class HM% W/V GEC
BS%
Ac pH P-I K-I Ca% Mg%
Mn-I Mn-AI (1) Mn-AI (2) Zn-1
Zn-AI
Cu-1
S-I
SS-1
Na N AU-N
Na
MIN 0.66 0.83 13.0
78.0
2.9 5.0 116 270 55.0 13.0
224 144 105
1059
137
68
t1.1
Field Information
lied Lime
Reconunendahons
Sample Alo. Last Crop
o
Yr T/A
Crop or Year Lime
N PROS Ito
Mg Cu
Zn
B
Mn
See Note
25744 J Fes/OG/rim,E
Ist Crop: Fes/OG/Pim,M IAT
120-200 20-40- 0
0 0
0
0
12
2nd Crop:
Test Results
Soil Class HM% W/V GEC
BS%
Ac pH P-1 K-I Ca% Mg%
Mn-1 Mn-AI (1)Mn-AI (2) Zn-1
Zn-AI
Cu-I
S-1
SS -I
Mg-N AVkN
Na
MIN 0.76 0.88
9.6
76.0
2.3 5.1 49 164 55.0 12.0
316 207 556
556
109
61
0.1
Field Information
Applied
Lime
Reconimendattons w
Sample Last Crop
Mo
Yr T/A
Crop or Year Lime
N ROs Ito
Mg Cu
Zn
B
Mn
See Note
-No.
1918 V FesMG/rim,E
Ist Crop: Fes/OG/rim,M 1.3T
120-200 0 0
0 0
0
0
12
2nd Crop:
Test esults
Soil Class HM3'o W/V CEC
BS%
Ac pH P-1 K-I Ca% Mg%
Mn-1 Mn-AI (1)Mn-AI (2) Zn-I
Zn-AI
Cu-I
S-1
SS-1
NC3-N NIE-N
Na
MIN 0.97 0.86 12.6
80.0
2.5 JA 88 251 57.0 13.0
215 146 961
961
115
64
0.1
Field Information
Applied
Lime
Recommendations
Sample No. Last Crop
Mo
Yr T/A
Crop or Year Lime
N h05 Ito
Mg Cu
Zn
B
Mn
See Note
4710 Corn,Silage
Ist Crop: Corn,Silage iAT
180-220 50-70 0-20-
0 0
0
0
3
2nd Crap:
Test Results
Soil Class HM% W/V CEC
BS%
Ac pH P-1 K-1 Ca% Mg%
Mn-I Mn-AI (1) Mn-AI (2) 7n-1
Zn-AI
Cu-1
S I
SS-1
NO-N AM-N
Na
WN 1.14 0.98
7.7
70.0
2.3 5.0 37 115 49.0 14.0
174 121 814
814
131
65
0.1

NCDA Agronomic Division
4300 Reedy Creek Road lWeigh, NC
.27607-6465
919).733-2655 Grower: Ste
hens, Keith
Re ort No: 25872 Pg 2
Field Information
Applied
Lime
Recommendations;., �
{
Sample No. Last Crop
08 Small Grains
Mo
Yr T/A
Crop or Year
1st Crop: Milo (Grain Sorg)
2nd Crop:
Lime
IT
N R05 ISO
80-100 50-76 0
Mg Cu
0 0
ZnY
0
B
Mn
0
See Note
3
Test Results
Soil Class IIM% IV/11 CEC
MIN 0.76 0.85 8.2
BS06
78.0
Ac bH P-1 K 1
1.8 5.2 34 131
Ca% Mg%
56.0 14.0
Mn-I Mn-AI (1)Mn-Al (2) Zn-1
325 212 393
Zn-AI
393
Cu-1
104
S-1
55
SS-1
Na-N AH-N Na
0.1
Field In ormation
Applied
Lime
Recommendations
: ,
• -
Sample Ng! Last Crop
1917 �/ Fes/OGlrim,E
Mo
Yr T/A
Crop or Year
Ist Crop: Fes/OG/rim,M
2nd Crop:
Lime
1T
N ROs &0
120-200 30-50 0
Mg Cu
0 0
Zu
0
B
Mn
0
See Note
12
Test Results
So ss HM% 1V/V CEC
0.76 0.90 8.0
BS%
78.0
Ac pH P-1 K-1
1.8 5.3 44 135
Ca% Mg%
52.0 16.0
Mn-I Mn-AI (1)Mn-AI (2) Zn-I
202 138 831
Zn-AI
831
Cu-1
102
S I
60
SS-1
NC$-N Ni&N Na
0.1
Is

NCDAAgronomic Division 4300 Reed Creek Road lLalei :NC 919 F,.: ';Re ort No:..W08412- W
p.27G07-6465. ,r733=2GSS �' ; ,- . F _. .- ,
Grower: Stephens, Keith Copies To: Rosebrock, Melissa
'
140 Lake View Dr
State Road, NC 28676
Wste A R
_ ¢
n a ys is
effort Fann: 86-23
5/ 8/02 _
_ 09 -p Z _ _ p g' - D Z Surry County
Sample info.
Laboratory Results arts r;milli:o_n unieg5s,othe-'r— se:nate� _ _ : N• . _ ,. ... _. , . :._. , -... .
Sample ID:
N
P S Ca MR S Fe Mn Zn Cu B MO CI C
Total 1151
668 1133 2040 328 147 83.9 18.8 5.97 4.75 2.30
IN -N
Waste Code:
-NH4
ALD
D tion:
-NO3
DIt-N
Na Ni Cd Pb Al Se Li pH SS C.-N DM% CCE% ALE(K al)
500 6.RR
Da, agoon Liquid
Urea
Recommendations:
Nutrients Available'for:Fir'st,Groo :. ; • : d;'-1&11000gWlo�iis :: -
Other Elements lbs/I000 allons
Application Metbod
N ' `'P205 Ca F i9g - S Feet; Mn rZn,r' , C.
Na Nt Cd Pb Al Se Li
Broadcast
-.4.1 8.9 91 :, 11 9 19 = Q 86 0 49'. 0'11 Q 04 , ' 0 03 ' Q Ol, '�
4
r
e pH of the lagoon liquid is belo►y.the ideal range for bacterial aciian and Haste treatment Graduallyadjust�`pH by adding 1 Ih fof agricultural hme per 100b cu ff :of.liquid remaining in the lagoon. Sample the lagoon
anthl and continue to adjust H until it is�tivithin the desired'ran of 7'0=8 0 t ''' `- ,.$ t '" `° , -" `,w . "• .
Sample info.
Laboratory Results —(is er million.uulessotlierwise=rioted y„:.`4
Sample ID:
N
P Z Ca Mg S Fe Mn %n Cu B MO Cl C
Total 11852
2574 6896 8703 3152 965 4165 309 83.2 25.4 14.7 289341
IN -N
Waste Code:
-NH4
FCD
-NO3
Na Ni Cd Pb At Se Li ,H SS C•N DM% CCE% ALE tons
1938 8.15 199.00 24.41 51.10
Description:
Ot?N
Co ed Dai Waste
Urea
R endations: for. First Cro 16s%tont" i &Ws
Qther..Elements lbs/ion basis
.-Nutrients'Available =," .;. -
wet
Applieation Metbod - ' N P205 _ -K20 Ca Mg : S� := Pe Mn- Zn "Cii r rt B� Mo :Cl.
Na ` Ni Cd Pb AI Se Li
Broadcast :- 4.9 _ 3.6 6.8-.; 5 3 r.: 1 g - Q 59 2 b 01g o 05-. Q 02
24
.
e waste product has an ideal C N ratio of 20-30 for optimum compo,tmg No additional blending is necessary
'oluble salt level is high. The roots of plants growing directly in the compost may di maged-particularly under dry soil conditions..-The°cdmpost shoald be blended at least 50:50 with another material of lower salt
evel. High soluble salts likely indicate high nutrient availability a matching soil sample to furtfier evaluate pli and nutrient availability
,,Teke
m ost H is well above the desired range for plant roduclion.:If the compost will.be used as a landscape or, actin soil :ble6d�it with other materials or add elemental sulfur to decrease Il to the desired range. As a
i? p 8 P P P p p g., P g
.- ., . -
general rule, add_0.25 Ib.-elemental sulfur per cu. d.,of,com ostaoaower H 0 5-,1.0 unit. Take a fallow u 5 1:-,m ,le;to detertnme.if; H is.withm the,desired range , -„ ,•.:_ �.:L..;, as . =::., r,,,; ;;, _ ,r. ,

NCDA Agronomic Division 4300 Reedy Creek Road Raleio- NC 27607-6465 (919)
-2655 Report No: W08412 W
733 R
Grower: Stephens, Keith Copies To: Rosebrock, Melissa
140 Lake View Dr
State Road, NC 289SCEIVED
KC, Dept, 0' EHNSRosebrock,
AS
A Rohort
Melissa
'ter
Wj
e�sice ndysis ILIF
Farm: 86-23 MAY 09 2002-, C,/ONC Dept. Env. & Nat. Resources
585 Waughtown St.
5/8/02
Surry Count)Winston-Salem Winston Salem, NC 27107
Sample Info.
Laboratory Results (Partsper million' unless otherwise notedl
RerAonW Qfflro
qpap Le ID.
N
P K Ca Ag
S Fe Mn 17n Cu B Mo Cl C
Tow 1151
668 1133 2040 328
147 83.9 18.8 5.97 4.75 2.30
IN -N
Waste Code.
-NH4
Na Ni Cd Pb
Al Se Li pH SS C.-N DM% CCE% ALE al
-NO3
500
6.88
Wrion:
OR-N
Dairy Lagoon Liquid
Urea
I
Recommendations:
Nutrients Available for First Crop
Ibs1I000gqIons
Other Elements M11000 gations
Application Method
N P205 K20 Ca Mg S Fe Mn Zn
Cu B M9 CI
j Na Ni Cd Pb Al Se Li
Broadcast
4-1'8.9 9.1 11.9 1.9 0.86 0.49 0.11 0.04
0."03 0.01
4.2
e pH 6f the lagoon liquid is below the ideal range for bacteria] action andwaste treatment. Gradually adjust pH by adding 1 lb. of agricultural lime per 1000 cu. ft. of liquid remaining in the lagoon.. Sample the lagoon
�nonthly and continue to
adjust pH until it is within the desired range of 7.0-8-0.
Sample Info.
Laboratory Results (partsper million unless otherwise noted)
Sample LO.-
N
P K Ca S - Fe Mn Zn Cu B MO Cl C
02 Total 11852 2574 6896 8703 3152 965. 4165 309 83,2 25.4 14.7 289341
IN -N
Waste Code: -NH4
FCD -NO3 Na Ni Cd Pb Al Se Li pH SS C.-N DM% CCE% ALE tons
Description: OR-N 1938 8.15 199.00 24.41 51-10
CggWled Dairy Waste Urea
OWmendations: Nutrients Available for First Crop lbslton (wet bus__]Other Elements lbs1lon (wet basis)
Application Method N P ?O 5 K2O Ca Mg' S Fe Mn Zn Cu B Mo Cl
Na Ni Cd Pb Al so V
Broadcast .4.9 3.6 6.8 5.3 1 0.59 2.6 0.19 0.05 0.02. 0.01
2.0
e waste product has an ideal QN ratio of 20-30 for optimum composti99. No additionaJ blending is necessary.
Soluble salt level is high. The roots of plants growing directly in the compost may be damaged particularly tinder dry soil conditions. The compost should be blended at least 50:50 with another material of lower salt
level. High soluble salts likely indicate high nutrient availability. Take a matching soil sample to further evaluate pH and nutrient availability.
Compost pH is well above the desired range for plant production. If the compost will be used as a landscape or potting soil, blend it with other materials or add elemental sulfur to decrease pH to the desired range. As a
general role, add 0.25 lb. elemental sulfur per cu..yd. of corupwtto lower 0.5-1.0 unit, Take a follow-up soil sample to determine if pH is within the desired range.

FORM, ADI (revises 121DI)
Complete information sheet and return with sample(s). SOIL SAMPLE INFORMATION
GROWER INFORMATION — Please Print
LAST NAME FIRST NAME PHONE FARM ID* If you want someone else
to receive a copy of this
;L-V report, please provide the
name and address below.
ADDRESS NAME OF OTHER RECIPIENT PHONE
1 -'�D vn\.L1'� 5sr' Rosebroc�_
CITY STATE ZIP CODE I ADDRESS 585 vniD,ykgV%+p'An'
COUNTY (where samples were taken) I TOTAL NO. SAMPLES SUBMITTED CITY STATE ZIP CODE
Send To:
Agronomic Division -Soil Test Lab
N.C. Department of Agriculture
and Consumer Services
43DO Reedy Creek Road
Raleigh, NC 27607-6465
[phone]
LAB I
NUMBER SAMPLE
(Leave IDENTIFICATION
Blank) I
l�
LAST CROP
LIME APPLIED
WITHIN PAST YEAR
NEXT CROP
SECOND CROP
(Crop grown fast year
or other use)
CROP
CODE
(See explanation on
reverse side of form)
I CROP
CODE
(Following year— See
reverse side)
CROP
CODE
TIA
YR
MO
055
� I
l� tJ is Ps
�A r��L Sc1
CSS
bSS
s
I�i51 LA
4A C-
oS5
055
i
ems.
SS
M I D I IRIS
DESK
'� SS
I��
o S S
s
10
I i !
112 I
I
J
SAMPLING INSTRUCTIONS AND CROP CODES ARE SHOWN ON BACK 100,000 copies of this public document were printed at a cost of S3,372.24 or S0.03 per Copp.

NQUDA- 7onomic Division-
4300 Reedy Creek Roan Raleigh, NC
21607-6465
[phone]
Re ort No: 37449
Grower:
Stephens, Keith
Copies to:
Rosebrock, Melissa
'
140 Lake View Dr_ .,
�'r
State RoadNC'28676'
Q ]
Test Report
r
�Aiy -10
2002
Rosebrock, Melissa
r
oil
�i
v
Fann:
C/ONC
Dept. Env. K Nat. Resources
5/28/02 SERVING N.C. CITIZENS FOR OVER 50 YEARS
_
Sur Couit M r : �-� t "' i' �' 1
585 Waughtown St.
Winston Salem, NC 27107
Agronomist Comments:
Field Information
Apelied
Lime
Recommendations
Sample No. Last Crop
Mo
Yr T/A
Crop or Year
Lime
N
P205
Mg Cu
Zn
B
Mn See Note
T2571 Fes/0G/I'im,M
1st Crop: Fes/OG/Pim,M
0
120-200
0 0
0 0
0
0 12
2nd Crop:
Test Results
Soil Class HM% W/V CEC
BS•OA
Ac pH P-I K-I
Ca% Mg%
Mn-I Mn-AI (1) Mn-AI (2) Zn-I
Zn-AI
Cu-I
S-I
SS-1 Na-N Ni&N Na
MIN 0.32 0.93
8.9
91.o
0.8 6.3 109 266
49.0 27.0
99
72 257
257
76
37
0.1
Field Information
lied Lime
Recommendations
Sample No. Last Crop
Mo
Yr T/A
Crop or Year
Lime
N
P205 RO
Mg Cu
Zn
B
Mn See Note
25825 Fes/OG/I'im,M
1st Crop: Fes/OG/Pim,M
0
120-200
0 0
0 0
0
pH$ 12
2nd Crop:
Test Results
Soil Class HM% W/V CEC
BS%
Ac pH P-I KI
Ca% Mg%
Mn-1 Mn-AI (1)Mn-Al (2) Zn-1
Zn-AI
Cu-I
S-I
SS-1 Neg-N NIA-N Na
MIN 0.41 0.84
0
88.0
0,8 6.5 113 165
50,0 27.0
144
94 .)Ig
219
168
31
0.1
Field Information
Applied
Lime
Recommendations
Sample No. Last Crop
Mo
Yr T/A
Crop or Year
Lime
N
P205 Ie0
Mg Cu
Zn•
B
Mn See 1Vote
T1917 Fes/0G/7im,M
1st Crop: Fes/OG/I'im,M
0
120-200
110-I30 0-20
0 0
0
pH$ 12
2nd Crop:
Test Results
Soil Class HM% W/V CEC
BS%
Ac pil P-1 K-I
Ca% Mg%
Mn-1 Mn-Al (1) Mn-AI (2) Zn-1
Zn-AI
Cu-I
S-I
SS-1 N($-N NH.-N R'a
MIN 0.36 0.91
6.6
92.0
0.5 6.6 9 78
62.0 24.0
105
71 938
938
130
38
0.1
Field Information
Applied
Lime
Recommendations
Sample No. Last Crop
Mo
Yr TIA
Crop or Year
Lime
N
P205 K0
Mg Cu
Zn
B
Mn See Note
T2089 Fes/OG%fini,M
1st Crop: Fes/OG/1'im,M
.6T
120-200
80-100 0-20
0 0
0
0 12
2nd Crop:
Test Results
Soil Class HM% W/V CEC
BS%
Ac pll P-I K-I
Ca% Mg%
Mn-I Mn-AI (1) Mn-AI (2) Zn-1
Zn-AI
Cu-I
S I
SS-1 NON-N NI&N Na
MIN 0.51 t1.89
5.5
75.0
1.4 5.5 19 78
44.0 23.0
93
73 128
128
41
41
0.0

N�A.gonomic I3ivision
4300 Reedy Creek Road lWeigh,NC
27607-6465
(919)- 733-2655 Grower: Stephens,
Keith
Re ort No: 37449 P 2
Field Information
Applied
Lime
Recommendations
Sample No. Last Crop
Mo
Yr T/A
Crop or Year
Lime
N P105 &0
Mg Cu
Zn
B
Mn
See Note
25744 Corn,Si]4,e
1st Crop: Mi11et,Pearl
0
140-180 0 0
0 0
0
0
3
2nd Crop:
Test Results
Soil Class HM% W/V CEC
BS%
Ac pH P-I
K I
Ca%
Mg%
Mn-1 Mn-AI (1) Mn-Al (2) Zn-1
Zn-AI
Cu-I
S I
SS-1
Na-N N&N Na
MIN 0.25 0.89 10.E
92,0
0.9 6.1 142
190
60.0
23.0
286 187 572
572
143
39
0.1
Field Information
Applied
Lime
Recommendations
Sample No. Last Crop
Mo
Yr T/A
Crop or Year
Lime
N P105 &0
Mg Cu
Zn
B
Mn
See Note
T1879 Fes/QG/1'im,M
1st Crop: Fes/OG/Tim,M
I.3T
120-200 140-160 70-90
0 $
$
$
12
2nd Crop:
Test Results
Soil Class HM% W/V CEC
BS%
Ac pH P-1
K-1
Ca%
Mg%
Mn-1 Mn-Al (1)Mn-AI (2) Zn-I
Zn-AI
Cu-1
S I
SS-1
Na-N NXA
MIN 0.04 0.92
4.2
52.0
2.0 4.9 0
30
35.0
14.0
12 24 8
8
10
642
tl.I
Field Information
Applied
Lime
Recommendations
Sample No. Last Crop
Mo
Yr T/A
Crop or Year
Lime
N M5 &0
Mg Cu
Zn
B
Mn
See Note
TDURS 1'es/OG/I'ini,M
1st Crop: Fes/OG/Tim,M
0
120-200 70-90 0
0 0
0
0
12
2nd Crop:
Test Results
Soil Class HM% W/V CEC
BS%
Ac plf P-I
K-I
Ca%
Mg%
Mn-1 Mn-AI (1)Mu-AI (2) Zu-I
Zn-AI
Cu-1
S 1
SS-1
NC8-N NHI-N Na
MIN 0.36 0.93
7.4
81.0
1.4 5.9 23
236
47.0
18.0
115 88 281
281
77
216
(}.0

May S, 2002
To Whom it May Concern:
Jackie Billings will be assisting myself with the recordkeeping of my Waste
Storage Records. He may be reached at the following address and phone number.
1209 US HWY 21
Hamptonville, NC 27020
3 3 6-468-2617
Signed,
,C
Keith Stephens
Signature
Jacki illinEs
O.C. DelaL*. of ER
MAY 2o�z
i
Wins on_Salenrl
L AW9ionaj C)ffic&
a

W ar�Rp William Michael Ross Jr Se eta,,
X +!i North Carolina ent of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
—f Acting Director
fl 'C Division of Water Quality
April 17, 2002
CERTIFIED MAIL 7099 3400 0006 9313 7236
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Final Schedule of Compliance
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This letter is to acknowledge the Division's receipt of your response regarding a submittal date and
appropriate documentation required for validating adherence to each item on "Attachment A: Schedule of
Compliance." The Division has reviewed your requested timetable and finalized the Schedule of Compliance for
your signature.
Please sign, date, and return the completed schedule to the Winston-Salem Regional Office (WSRO)
within ten (10) days of receipt of this letter. Your response should be mailed to my attention at the address
shown on the letterhead. If you have any questions concerning the Schedule of Compliance, please contact
Melissa Rosebrock or me at [phone].
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
- .Rocky Durham —-
Marlene Salyer --- DSWCD WSRO
NNrSRO Facility Files
Central Files
NI. C. Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107-2241
Water Quality Section Phone: [phone] FAX: [phone] Internet: http://wq.ehnr.state.nc.uS
_tt, 1.4310/
Customer Service
-eog 623-7748

Attachment. A: Schedule of Compliance
Stephens Dairy #86-23, Surry County
April 17, 2002
ANIMAL WASTE MANAGEMENT RECORDS. -
A. Provide name, telephone number, and address of individual(s) to assist operator in training of
proper land application of animal waste techniques and animal waste application recordkeeping.
Documentation: Letter signed and dated by Mr. Stephens and person(s) assisting Mr. Stephens
Date to be submitted: April 20, 2002
B. Correctly resample waste from current waste storage pond. Also sample animal waste material
that is land applied directly from the barn(s) (i.e. has not been stored in waste holding structure).
Documentation: Appropriately labeled waste analysis reports
Date to be submitted: April 29, 2002
C. Submit each month's waste application records (SLUR-1, SLUR-2, SLD-1, SLD-2, waste analysis)
by the 151h day of the month following application until a Certified Animal Waste Management
Plan (CAWMP) is obtained. Example: All waste application records for April 2002 must be
postmarked by May 15, 2002.
Documentation: Completed application forms and associated waste analysis
Date to be submitted: Within 15 days of the end of each month
D. Submit soil analysis reports for all fields that received animal waste in 2001.
Documentation: Appropriately labeled soil analysis reports
Date to be submitted: July 1, 2002
WASTE STORAGE FACILITY CONSTRUCTION:
A. Obtain final Waste Utilization Plan (WUP) confirming the number of cattle to be confined and
milked at the facility.
Documentation: Signed and dated WUP
Date to be submitted: July 31 2002
B. Submit copies of all lease agreements.
Documentation: Copy of all signed lease agreements
Date to be submitted: July 31, 2002
C. Obtain new site topographic survey for proposed construction site
Documentation: Survey report
Date to be submitted: July- 31. 2002
D. Conduct soils investigation for proposed construction site
Documentation: Written soils investigation report
Date to be submitted: Julv 31. 2002

•
1
Stephens Dairy - Attachment A: Schedule of Compliance
April 17, 2002
Page 2
E. Obtain dam "Hazard Verification" by Winston-Salem Regional Office Division of Land
Resources, Land Quality Section
Documentation: Written verification
Date to be submitted: May not need dam safety Hermit
F. Submit waste storage pond design plan to Raleigh, Land Quality Section for approval.
Documentation: Approval to Construct
Date to be submitted: August 10. 2002
G. Obtain contractor for the waste storage pond construction.
Documentation: Written contract signed and dated by Mr. Stephens and contractor
Date to be submitted: Will bid out construction
H. Submit name, address, and telephone number of persou(s) selected to do the actual grading for
construction of the waste storage structure.
Documentation: Dated letter signed by Mr. Stephens and grader
Date to be submitted: August 10. 2002
L Submit written progress reports once construction has begun and until dam is vegetated.
Documentation: Letter from Mr. Stephens to Regional Office, describing specific work that has been
done or is already completed
Date to be submitted: Starting August 10, 2002 (Add 120 days to submittal date if dam safety. _ep rmit is
required)
J. Obtain "As -Built Inspection" by Winston-Salem Regional Office Division of Land Resources,
Land Quality Section.
Documentation: Signed copy of Inspection Report
Date to be submitted: August 29. 2002 (Add 120 days to submittal date if dam safely permit is required)
K. Obtain "Approval to Impound" Permit from Raleigh, Land Quality Section.
Documentation: Copy of Permit
Date to be submitted: August 29. 2602 Add 120 days to submittal date if dam safety permit is required.
By my signature, I agree to comply «ith the submittal dates, terms, and conditions of this Schedule of
Compliance.
(Print or Type) Owner
Date
(Signature) Owner

Attachment A: Schedule of Compliance
Stephens Dairy #86-23, Surry County
March 18, 2002
ANIMAL WASTE MANAGEMENT RECORDS:
4.C. Dept. of EHNR
APR o 1 2002
Regional Offic"
A. Provide name, telephone number, and address of individual(s) to assist operator in training of
proper land application of animal waste techniques and animal waste application recordkeeping.
Documentation: Letter signed and dated by Mr. Stephens and person(s) assisting Mr. Stephens
Date to be submitted: All-i I 51cr' a, ob 1.
B. Correctly resample waste from current waste storage pond. Also sample animal waste material
that is land applied directly from the barn(s) (i.e. has not been stored in waste holding structure).
Documentation: Appropriately labeled waste analysis reports
Date to be submitted:
C. Submit each month's waste application records (SLUR-1, SLUR-2, SLD-1, SLD-2, waste analysis)
by the 151h day of the month following application until a Certified Animal Waste Management
Plan (CAWMP) is obtained. Example: All waste application records for April 2002 must be
postmarked by May 15, 2002.
Documentation: Completed application• forms and associated waste analysis
Date to be submitted: Within 15 days of the end of each month 4r, j r 36 ] bD2
D. Submit soil analysis reports for all fields that received animal waste in 2001. _
Documentation: Appropriately labeled soil analysis reports
Date to be submitted: pri 1 % h aY-CSG ► o
CA
WASTE STORAGE FACILITY CONSTRUCTION: II 41 o-� We- etm�,,j , ti,, do {c s 5-, y d-
W Wale- - $S+ s k a e an c 5
A. Obtain final Waste Utilization Plan (WUP) confirming the number of cattle to be confined and
milked at the facility.
Documentation: Signed and dated WUP
Date to be submitted: � 31,aooat
B. Submit copies of all lease agreements.
Documentation: Copy of all signed lease agreements
Date to be submitted: qIE4 3 1, -P a °
C. Obtain new site topographic survey for proposed construction site
Documentation: Survey report
Date to be submitted: 31 a aO a
D. Conduct soils investigation for proposed construction site
Documentation: Written soils investigation report
Date to be submitted: qu,& 3 a a oa

■ Complete items 1, 2, and 3. Also complete
A. Signature
item 4 if Restricted Delivery is desired.
❑ Agent
'X
■ Print your Hama and address on the reverse
P. 4111-❑ Addressee ,
so that we can return the card to you.
B. Received by f Printed Ne e) C. Date of Delivery
M Attach this card to the back of the mailpiece,
�=
l
or on the front if spade permits.'L`s'd
b." Is delivery address Aferent from item 1? ❑ Yes
1. Article Addressed to:'
It YES, enter delivery address below: 0 IVo
Mr K6ith Stephens
4 I ,
140 Lakeview Drive
3. Service Type
State Road NC 28676
�a')N4,ertified Mail ❑ Express Mail
egistered 114eturn Receipt for Merchandise
'70thn ad Mail ❑ G.O.D.
��-
4414kitrict Delivery? (Extra Fee) ❑Yes
2f Article
I
'
r�%aQ� � '•
i ff i j e I
PS'Fo--M
2595-01-M-2509

Stephens Dairy
Attachment A: Schedule of Compliance
March 18, 2002
Page 2
E. Obtain dam "Hazard Verification" by Winston-Salem Regional Office Division of Land
Resources, Land Quality Section
Documentation: Written verification
Date to be submitted: mad �O� need haw, �er",
F. Submit waste storage pond design plan to Raleigh, Land Quality Section for approval.
Documentation: Approval to Construct
Date to be submitted: Q t a a oa �
G. Obtain contractor for the waste storage pond construction.
Documentation: Written contract signed and dated by Mr. Stephens and contractor
Date to be submitted: W & ►r b; a o uj- conajrwC.fio
H. Submit name, address, and telephone number of person(s) selected to do the actual grading for
construction of the waste storage structure.
Documentation: Dated letter signed by Mr. Stephens and grader
Date to be submitted: aooZL t
I. Submit written progress reports once construction has begun and until dam is,vegetatd&
ll
Documentation: Letter from Mr. Stephens to Regional Office, describing specific wonkithat has been
done or is already completed
Date to be submitted:
J. Obtain "As -Built Inspection" by Winston-Salem Regional Office Divi
Land Quality Section.
Documentation: Signed copy of Inspection Repprto
Date to be submitted: A . 9 --V\d;
K. Obtain "Approval to Impound" Permit from Raleigh, Land Quality,'
Documentation: Copy of Permit aO
Date to be submitted: 1�, 5 ODOR
Land Resources,

A7jA�.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, P.G., P.E. Land Quality Section Michael F. Easley, Governor
Acting Director William G. Ross Jr., Secretary
November 14, 2002
Mr. Keith Stephens
110 Lakeview Road
State Road, North Carolina 28683
RE: �eiS&ephe�nsDa�iiryDam
Surry County
Yadkin River Basin
Dear Mr. Stephens:
This is in response to your submissions received on October 23, 2002 and November 12, 2002
of plans, specifications, and design data for the construction of the subject dam in Surry County
on a tributary to the Mitchell River in compliance with the Dam Safety Law of 1967. These plans,
specifications and design data were prepared by the Natural Resource Conservation Service
(NRCS). Also, Check No. 3130 in the amount of $200.00 serving as the minimum application -
processing fee was received on June 20, 2002.
This letter constitutes approval of the proposal to construct the subject dam according to the
plans and specifications received by this Division on October 23, 2002 and November 12, 2002
with the following stipulations:
Project construction shall be supervised by the Natural Resource Conservation Service.
2. During construction the Division of Land Resources may require such progress reports
as are deemed necessary.
3. Upon completion of the project, the Natural Resource Conservation Service shall inspect
the completed work and upon finding (a) that the work has been done as specified and
(b) that the dam is safe, shall file with the Division of Land Resources two sets of "as -
built" drawings and a certificate stating that the work has been completed in accordance
with approved plans, specifications and other requirements.
4. No water shall be impounded behind the dam until an approval to impound is issued by
the Division of Land Resources for operation of this dam.
5. You must notify Mr. Matthew Gantt, PE, Regional Engineer, North Carolina Department
of Environment and Natural Resources, Division of Land Resources, Land Quality
Section, 585 Waughtown Street, Winston-Salem, North Carolina 27107, telephone
number [phone], ten days before the start of construction.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 t 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal OppOunky 1 Affirmative Actlon Employer — 5090 Recycled 1 10% Post Consumer Paper

Mr. Stephens 0
November 14, 2002
Page 2
Enclosed are a copy of an Owner's Certification Form and an explanation of the final processing
fee calculation. An additional fee will be required when the Natural Resource Conservation
Service's certification is submitted if the construction cost exceeds $10,001.00. In any event, the
cost certification must be completed and returned with the certification by NRCS before an
approval to impound can be processed.
The Dam Safety Law of 1967 requires that project construction commence within one year from
the date of this approval, or the approval is void.
Sincerely,
Maxwell R. Fowler, PE
MRFlwhh
Enclosures
cc: James T. Burchette, CET
Matthew Gantt, PE
J. Richard Everhart
Donald R. Griffin, PE

14 11.2oo�t.
cW A TF Michael F. Easley, Governor
9 I r William G. Ross Jr., Secretary
�OR QG North Carolina Lment of Environment and Natural Resources
�!} Alan W. Klimek, P.E. Director
>_ Division of Water Quality
O 'C
Sheriff Connie R Watson
Surry County Sheriffs Office
210 North Main Street
Dobson NC 27017
SUBJECT: NOTICE OF SERVICE
Keith Stephens
Dear Sheriff Watson:
Please serve the attached Notice of Violation as follows:
Mr. Keith Stephens
140 Lakeview Drive
State Road NC 28675
October 8, 2002
npinl eb
N.C. Dept. of EHNA
wIni'r%r,-Sale-r 1
Regi4.,.ai OffcC8
It is our understanding that because we are a State agency, no fee is required for this
service. We would appreciate your returning the completed Return of Service form in the return
envelope provided herein.
The Water Quality Section appreciates this assistance from your department.
If you should have any questions or require additional information, please contact Melissa
Rosebrock at [phone].
Sincerely,
91�k' '-�
Steve Mauney
Acting Water Quality Supervisor
MR/vm
Attachments
cc: WSRO
d*�
NO EEVR
N. C. Division of Water QualityMater Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
1 800 623-7748

RETURN OF SERVICE
I certift that this NOTICE OF SERVICE was received on the Day of
2002 and gether with the Notice of V' lation was served as follows:
o he da of ,
2002, at the following place: Ngg� e%L - 6 A_e_
(Fill in address where copy delivered)
By:4 _e
(Serving 0 icer)
Check one of the following:
Personally delivering copies to the named individual;
RECEIVED
q M.:Dept. of EHN4
j OCT 7:9� 2W
I. Re� Vfice
Left with , who is a person of suitable age discretion and
who resides in the named individual's dwelling house or place of business.
******************************************************************************
If not served on the named individual, state reason:
Surry County Sheriff,
(Sheriff Signature) (Date)
Fee $: Waived (State Agency)
Please return this form to:
Paid by: N/A
NC Dept. Of Environment and Natural Resources
Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107-2241
jaq

Michael F. Easley, Governor
`O�� �pG William G. Ross Jr., Secretary
0
North Carolina Dent of Environment and Natural Resources
�] Alan W. Klimek, P.E. Director
H Division of Water Quality
0 -c
September 17, 2002
Certified Mail 7001 2510 00014778 5796
Return Receipt Requested
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation
Schedule of Compliance
Stephens Dairy, #86-23, Surry County
Dear Mr. Stephens,
This letter is to notify you that you are now in violation of the Schedule of Compliance that was
finalized on April 17, 2002. As you recall, the Schedule of Compliance was developed as a result of a Show
Cause Meeting, held February 12, 2002, with DENR and NC attorney General staff. You indicated in the Show
Cause Meeting that you recognized that the Stephens Dairy was not in compliance with the water quality
requirements and regulations and wanted an opportunity to resolve the water quality issues regarding animal
waste management at the Stephens Dairy. The Schedule of Compliance was developed to facilitate your
compliance with current and anticipated water quality requirements and regulations.
Per "Attachment A. Schedule of Compliance" (item C of the Animal Waste Management Records
section), you are to submit each month's application records by the 15'h day of the month following application.
July 2002 records were due August 15, 2002 and the waste application records for August 2002 were due
September 15, 2002. To date, none of the above items has been received. These �r�ords are to be submitted to
our office immediately. Additionally, copies of all signed, lease agreemen'fs; survey report; and soils '
investigation report (items B, C, and D of. the Waste Storage Facility Construction section) were due July 31,
2002. You should also submit these items as soon as possible.
In the absence of the requested documentation, the Regional Office will refer this matter to the Attorney
General's Office for review. Should you have questions regarding the Schedule of Compliance, please contact
Melissa Rosebrock or me at 336.771.4600.
Sincerely,
Steve Mauney
Acting Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWC MRO
Marlene Salyer - DSWC WSRO
Anita LeVeaux -- NC Attorney General's Office
WSRO Facility Files WICentral Files A
h 6fRNRR
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Rosa Ir., Secretary
North Carolina rtment of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 8, 2002
Sheriff Connie R Watson
Surry County Sheriffs Office
210 North Main Street
Dobson NC 27017
SUBJECT: NOTICE OF SERVICE
Keith Stephens
Dear Sheriff Watson:
Please serve the attached Notice of Violation as follows:
Mr..Keith Stephens
140 Lakeview Drive
State Road NC 28675
It is our understanding that because we are a State agency, no fee is required for this
service. We would appreciate your returning the completed Return of Service form in the return
envelope provided herein.
The Water Quality Section appreciates this assistance from your department.
If you should have any questions or require additional information, please contact Melissa
Rosebrock at [phone].
Sincerely,
,/-A
Steve Mauney
Acting Water Quality Supervisor
MWvm
Attachments
cc: WSRO
N5CUR
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
1 800 623-7748

F \N A rF Michael F. Easley, Governor
O ` q William G. Ross Ir., Secretary
North Carolina D or
ent of Environment and Natural Resources
t!J Alan W. Klimek, P.E. Director
> Division of Water Quality
L r
September 17, 2002
Certified Mail 7001 2510 0001 4778 5796
Return Receipt ReQuested
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation
Schedule of Compliance
Stephens Dairy, #86-23, Surry County
Dear Mr. Stephens:
This letter is to notify you that you are now in violation of the Schedule of Compliance that was
finalized on April 17, 2002. As you recall, the Schedule of Compliance was developed as a result of a Show
Cause Meeting, held February 12, 2002, with DENR and NC Attorney General staff. You indicated in the Show
Cause Meeting that you recognized that the Stephens Dairy was not in compliance with the water quality
requirements and regulations and wanted an opportunity to resolve the water quality issues regarding animal
waste management at the Stephens Dairy. The Schedule of Compliance was developed to facilitate your
compliance with current and anticipated water quality requirements and regulations.
Per "Attachment A: Schedule of Compliance" (item C of the Animal Waste Management Records
section), you are to submit each month's application records by the 15`h day of the month following application.
July 2002 records were due August 15, 2002 and the waste application records for August 2002 were due
September 15, 2002. To date, none of the above items has been received. These records are to be submitted to
our office immediately. Additionally, copies of all signed, lease agreements, survey report; and soils
investigation report (items B, C, and D of the Waste Storage Facility Construction section) were due July 31,
2002. You should also submit these items as soon as possible.
In the absence of the requested documentation, the Regional Office will refer this matter to the Attorney
General's Office for review. Should you have questions regarding the Schedule of Compliance, please contact
Melissa Rosebrock or me at 336.771.4600.
Sincerely,
Steve Mauney
Acting Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWC MRO
Marlene Salyer - DSWC WSRO
Anita LeVeaux — NC Attorney General's Office
W;�5R0.."Facility Files, r�
CentralFile---�- t - - — �vA
NCDENR
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
��` � 1 800 623-7748

Ir
(/� 1
Ci C
(�y y
L 2 2
gn
,ice ll U
1f^'d �%
cc
Postage
$
i~
Certified Fee
Postmark
Return Receipt Fee
Here
(Endorsement Required)
M
Restricted Delivery Fee
C3
(Endorsement Required)
C3 Tat
ra
Ln ru sear Mr Keith Stephens
si�ee 140 Lakeview Drive
4 or PC State Road NC 28675
C3 Crry ,
r`^
i

\PJ A Michael F. Easley, Governor
Q 9 William G. Ross Jr., Secretary
`OCR QG North Carolina D ent of Environment and Natural Resources
� Alan W. Klimek, P.E. Director
]_ Division of Water Quality
July 23, 2002
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Waste Application Records
Compliance Schedule
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
0
This letter is to acknowledge receipt of you'r-May and June 2002 animal waste application records by our
office on July 18, 2002. While most of the SLUR-2 forms appeared to be complete. I noted a couple of errors
that should be corrected as soon as possible.
Specifically, several of the nitrogen balances (column 8) on the SLUR-2 forms were not calculated
correctly. To derive the nitrogen balance in column 8, the PAN (plant available nitrogen) that was applied must
first be determined (column 7). Once this has been 'determined, you simply subtract the amount of PAN in
column 7 from the previous balance in column 8. 1 have reviewed all of the forms that were submitted and have
made corrections and/or comments. Copies are being returned to you for your review. Please note that several of
the fields are approaching a nitrogen balance of zero. Once these fields reach a balance of zero, no additional
animal or commercial nitrogen may be applied until the next crop cycle.
Additionally, be sure to specify the type of crop (Le. grazed or hay) and the correct tract number (i.e.
Chrystal Morphis T-2571) on the SLUR-2 form. It also appears that you still need to obtain a 2002 soil analysis
for the SLAU tract. I could not locate this soil report in your May 2002 submittal package.
The Winston-Salem Regional Office appreciates your diligence in these matters. Please contact the
Surry Soil and Water Conservation District or me for additional recordkeeping questions or assistance.
Sincerely,
r
l i�t.�✓�,L`� t�!��/rat L 'L.r;? .,
Melissa Rosebrock
Environmental Specialist
Enclosures
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
WSRO Facility Files
Central Files
Uf-UENR
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
1 800 623-7748

0
NCDENR
North Carolina Department of Environment and
Division of Land Resources
Charles H. Gardner, P.G., P.E.
Director and State Geologist
June 21, 2002
Land Quality Section
RECEIVED
M.C. Dept. of ENR
Mr. Keith Stephens J U L 16 zaoz
110 Lakeview Road {Kinston -Salem
State Road, North Carolina 286Wgglonal Office
RE: Keith Stephens Dairy Dam
Surry County
Dear Mr. Stephens:
Natural Resources
RECEIVED
J U N 2 4 2002
LAND QUALITY SECTION
FAYF. RIILLE REGIONAL OFFICE
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
This is to acknowledge receipt of your application dated June 17, 2002 for the construction of
the subject dam. The application was received in our office on June 20, 2002. The minimum
application processing fee of $200.00 (Check No. 3130) was also received on June 20, 2002.
I have enclosed information regarding payment of the additional application processing fee
which is required if the actual cost of construction of the dam is greater than $10,001.00.
Applications requiring an approval to construct a dam will be reviewed by this office. We
endeavor to respond to applications within 60 days of receipt of the application. Due to our
current workload, however, please be advised that it may take considerably longer than 60 days
to respond.
Please contact Mr. Matthew E. Gantt, PE, Regional Engineer at telephone number (336) 771-
4600; Ms. Tami V, Idol, El, Assistant State Dam Safety Engineer; or me at telephone number
[phone] should you have any questions concerning this matter.
Sincerely,
'J�
ames W. Caldwell EI
Assistant State Dam Safety Engineer
Land Quality Section
JW CI
Enclosure
cc: Mr. Matthew E. Gantt, PE
Mr. Larry Coble
Mr. Dick Everhart
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574! FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity I Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

r_1
LJ
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
May 31, 2002
MR. KEITH STEPHENS
140 LAKEVIEW ROAD
STATE NC 28676
r4o j*
D E N R
RECEIVED
N,C, Dept. of EHNR
JUFJ 01 2002
Wins4o;-I-Sa;eri,
R.,91ional Office
SUBJECT: Acknowledin
gment receipt letter
Civil Penalty Assessment of Violation
Case # PC 01-013 and PC 01-027
Farm # 86-23
Surry County
Dear Mr. Stephens:
This letter is to acknowledge receipt of your check No. 1064 in the amount of $826.00
received on May 30, 2002.
Payment of these penalties in no way precludes further action by this Division for future
violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone], extension'539.
Sincerely,
Steve Lewis
Non -Discharge Compliance/Enforcement
SL/sw
cc: Winston Salem Regional Office
Enforcement File # PC 01-013 and PC 01-027
Central Files
1617 Mail Service Center Raleigh NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% posi-consumer paper

Re: Stephens #86-23 Assessment Payments
Subject: Re: Stephens #86-23 Assessment Payments
Date: Fri, 17 May 2002 16:12:21 -0400
From: Melissa Rosebrock <Melissa.Rosebrock@ncmail. net>
Organization: NC DENR Winston Salem Regional Office
To: Steve Lewis <[e-mail]>
Thanks!!
Steve Lewis wrote:
Melissa - I talked to Keith Stephens yesterday. He's sending me a couple of payments.
Melissa Rosebrock wrote:
Tony ...... the assessment was 11/28/2001...... thanks for catching the error Steve M.
Melissa Rosebrock wrote:
Tony,
According to our database, Keith has only made one $408.88 dollar payment towards his $9909
assessment. The penalty was assessed 11/28/02...... he's almost four months behind now. I will let
you know if there is an update. Thanks for your continued assistance.
Melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional'Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: (336) 77 l -4630
1 of 2 5/17t2OO2 4:12 PM

1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Division of Water QuMity,
March 18, 2002
CERTIFIED MAIL 7099 3400 0006 9313 7304
RETURN RECEIPT RE UESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Compliance Schedule
Show Cause Meeting
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This letter summarizes the Show Cause Meeting, which you attended at the Division's request, on
February 26, 2002 in Raleigh. You indicated that you wanted an opportunity to resolve the water quality issues,
apparent and anticipated, regarding your animal waste management at the Stephens Dairy.
Key issues discussed included correcting your animal waste application techniques, the inadequacy of
your recordkeeping, and the proper construction of the new waste storage structure. In order to come into
compliance with State and Federal animal waste management regulations you will need to complete the attached
list (see Attachment A: Schedule of Compliance). Note that Attachment A is not an exhaustive list but is a
schedule facilitating your compliance with current and anticipated water quality requirements and regulations.
You indicated in the Show Cause Meeting that you recognize that the Stephens Dairy is not in compliance with
the water quality requirements and regulations. The Department of Environment and Natural Resources
(DENR) believes that adherence to this schedule will be a step towards bringing the dairy into compliance.
The Schedule of Compliance is self-explanatory. You should immediately make any corrections or
clarifications, then write in a realistic submittal date below each item. Below each requirement is listed an
appropriate document that may be submitted for validating adherence to the Schedule. If you believe that
another document would be more appropriate then you should note the same in your proposal. Return the
completed schedule to the Winston-Salem Regional Office (WSRO) within ten (10) days of receipt of this letter.
Please address your response to my attention at the address shown on the letterhead. Once received, DENR will
review your requested timetable, finalize the Schedule of Compliance, then we will return the final version to
you for your signature. DENR's belief is that you have already started working on measures to put Stephens
Dairy in compliance.
VNVAV*A
TC-6 M
Customer Service Division of Water Quality / Water Quality Section Gl
1 800 858-0368 585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr.state.nc.us �r /

•
•
Stephens Dairy
March 18, 2002
Page 2
In the absence of a completed response, the Regional Office will immediately refer this matter to the
Attorney General's Office. Nothing in our discussions or this Schedule shall restrict any right of DENR to take
any enforcement action against you for past or any future violations. If you have any questions concerning these
matters, please contact Melissa Rosebrock or me at [phone].
Sincerely,
ct- 4.—
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer — DSWCD WSRO
(.WSRO= Facility- Files
Central Files

•
Attachment A: Schedule of Compliance
Stephens Dairy #86-23, Surry County
March 18, 2002
ANIMAL WASTE MANAGEMENT RECORDS:
A. Provide name, telephone number, and address of individual(s) to assist operator in training of
proper land application of animal waste techniques and animal waste application recordkeeping.
Documentation: Letter signed and dated by Mr. Stephens and person(s) assisting Mr. Stephens
Date to be submitted:
B. Correctly resample waste from current waste storage pond. Also sample animal waste material
that is land applied directly from the barn(s) (i.e. has not been stored in waste holding structure).
Documentation: Appropriately labeled waste analysis reports
Date to be submitted:
C. Submit each month's waste application records (SLUR-1, SLUR-2, SLD-1, SLD-2, waste analysis)
by the 15t" day of the month following application until a Certified Animal Waste Management
Plan (CAWMP) is obtained. Example: All waste application records for April 2002 must be
postmarked by May 15, 2002.
Documentation: Completed application forms and associated waste analysis
Date to be submitted: Within 15 days of the end of each month
D. Submit soil analysis reports for all fields that received animal waste in 2001.
Documentation: Appropriately labeled soil analysis reports
Date to be submitted:
WASTE STORAGE FACILITY CONSTRUCTION:
A. Obtain final Waste Utilization Plan (WUP) confirming the number of cattle to be confined and
milked at the facility.
Documentation: Signed and dated WUP
Date to be submitted:
B. Submit copies of all lease agreements.
Documentation: Copy of all signed lease agreements
Date to be submitted:
C. Obtain new site topographic survey for proposed construction site
Documentation: Survey report
Date to be submitted:
D. Conduct soils investigation for proposed construction site
Documentation: Written soils investigation report
Date to be submitted:

0 9 k,,
Stephens Dairy
Attachment A: Schedule of Compliance
March 18, 2002
Page 2
E. Obtain dam "Hazard Verification" by Winston-Salem Regional Office Division of Land
Resources, Land Quality Section
Documentation: Written verification
Date to be submitted:
F. Submit waste storage pond design plan to Raleigh, Land Quality Section for approval.
Documentation: Approval to Construct
Date to be submitted:
G. Obtain contractor for the waste storage pond construction.
Documentation: Written contract signed and dated by Mr. Stephens and contractor
Date to be submitted:
H. Submit name, address, and telephone number of person(s) selected to do the actual grading for
construction of the waste storage structure.
Documentation: Dated letter signed by Mr. Stephens and grader
Date to be submitted:
I. Submit written progress reports once construction has begun and until dam is vegetated.
Documentation: Letter from Mr. Stephens to Regional Office, describing specific work that has been
done or is already completed
Date to be submitted:
J. Obtain "As -Built Inspection" by Winston-Salem Regional Office Division of Land Resources,
Land Quality Section.
Documentation: Signed copy of Inspection -Report
Date to be submitted:
K. Obtain "Approval to Impound" Permit from Raleigh, Land Quality Section.
Documentation: Copy of Permit
Date to be submitted:

Ice: Drafts:Stephens cover letter and compliance schedule
Subject: Re: Drafts:Stephens cover letter and compliance schedule
Date: Wed, 13 Mar 2002 16:35:52 -0500
From: "Anita Leveaux" <[e-mail]>
To: <[e-mail]>
CC: "Anita Leveaux" <ALEVEAUX@mailJus. state. nc.us>
Melissa, I tried to get up with you on the cell phone without much success. I would propose the following changes --
Dear Mr. Stephens:
This letter summarizes the Show Cause Meeting, which you attended at the Division's request, on February 26, 2002 in Raleigh. You indicated that you wanted an
opportunity to resolve the water quality issues --apparent and anticipated--regarding'your animal waste management at the Stephens Dairy.
Key issues discussed included correcting your animal waste application techniques, the inadequacy of your recordkeeping, and the proper construction of the new
waste storage . In order to come into compliance with State and Federal animal waste management regulations you will need to complete the attached list-- (see
Attachment A: Schedule of Compliance). Note that attachment A is not an exhaustive list but is a schedule facilitating your compliace with current and anticipated
water quality requirement% and regulations. You indicated in the Show Cause Meeting that you recognized that the Stephens Dairy is not in compliance with the
water quality requirements and regulations. DENR believes that acherence to this schedule will be a step towards bringing the dairy into compliance.
The Schedule of Compliance is self explanatory. You should immediately make any corrections or clarifications, then write in a realistic submittal date below
each item. Below each requirement you should list the appropriate document that should be submitted for validating adherence to the Schedule. If you believe that
another document would be more appropriate then you should note the same in your proposal, Return the completted schedule to the WSRO office within ten (10)
days of receipt of this letter. Please address your response to my attention at the address shown on the letterhead. Once received, DENR will review your requested
timetable, finalize the Schedule of Compliance and return the final version to you for your signature. DENR's belief is that you have already started working on
measures to put Stephens Dairy in compliance.
In the absence of a completed response, the Regional Office will immediately refer this matter to the Attorney General's Office.
Nothing in our discussions or this Schedule shall restrict any right of DENR to take any enforcement action against you for past or any future violations.
If you have any questions concerning these matters, please contact Melissa Rosebrock or me at (336) 7714600.
Sincerely.
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham -- DSWCD MRO
Marlene Salyer - DSWCD WSRO
WSRO Facility Files
Central Files
>>> Melissa Rosebrock <Melissa.Rosebrock @ncmail.net> 03/04/02 02;35PM >>>
Please see attached documents.
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
1 of 1 3/13/2002 6:27 PM

ri
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mr Keith Stephens
140 Lakeview Drive
State Road NC 28676
A: Sigrjgture
X y j�.,� ► . „ El Agent
1CJC+►�"J ❑ Addressee i
e ved by ( ' ed N e C. Date of Deliry
'
f�
D. Is delivery *dress dRerent from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number R N ► m pr,r.._
(Transfer from service label) /01'1 3MO ODa4 130 736f� --tb! ,SBpr
PS Form 3811, August 2001 Domestic Return Receipt 102585.O1-M-25081

•
Division of Water Quality
March 4, 2002
CERTIFIED MAIL 7099 3400 0006 9313 7304
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Compliance Schedule
Show Cause Meeting
Stephens Dairy, 986-23
Surry County
Dear Mr. Stephens:
This letter is to summarize our understanding of the Show Cause Meeting, which you attended at the
Division's request, on February 26, 2002 in Raleigh. Your participation in resolving the water quality concerns
and violations regarding animal waste management at the Stephens Dairy is appreciated.
As we discussed during the meeting, several items regarding correct animal waste application
techniques, adequate recordkeeping, and proper construction of the new waste storage structure warrant your
immediate attention. Attached, is a list of many tasks that you will need to complete in order to come into
compliance with State and Federal animal waste management regulations (see Attachment A: Schedule of
Compliance). Attachment A is not meant to be an exhaustive list of all the water quality requirements and
regulations, but is rather, an outline covering the current violations and concerns brought -up during the Show
Cause Meeting.
You should review the Schedule of Compliance, make any corrections or clarifications, then write in a
realistic submittal date below each item. Additionally, below each requirement is listed an appropriate document
that should be submitted for validating adherence to the Schedule. If you believe that another document would
be more appropriate then you should write in your proposal. This page should then be submitted to our office
within ten (10) days of receipt of this letter. Please address your response to my attention at the address shown
on the letterhead. Once received, our office will review your requested timetable, finalize the Schedule of
Compliance, then we will return the final version to you for your signature. Once signed, you will then mail the
signed Compliance Schedule to our office and should begin implementation immediately.
Note that, in the absence of a completed response, the Regional Office will recommend that injunctive
relief be taken against your facility immediately. Be advised also, that nothing in this letter should be taken as

•
E
absolving you of the responsibility and liability for any past violations that have not been assessed or for any
future violations.
If you have any questions concerning these matters, please contact Melissa Rosebrock or me at (336)
771-4600.
Sincerely,
Larry D. Coble
Water Quality Supervisor Z�..
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham— DSWCD MRO
Marlene Salyer — DSWCD WSRO
WSRO Facility Files
Central Files _ t
r

Attachment A: Schedule of Compliance
Stephens Dairy #86-23, Surry County
March 4, 2002
DRAFT DRAFT DRAFT
Im diately provide name, telephone number, and address of individual(s) to assist operator in training
of roper land application of animal waste techniques and animal waste application recordkeeping.
Documentation: Letter signed and dated by Mr. Stephens and person(s) assisting Mr. Stephens
Date to be submitted:
Submit soil analysis reports for all fields that received animal waste in 2001.
Documentation: Appropriately labeled soil analysis reports
Date to be submitted:
Correctly resample waste from current waste storage pond oanimal waste material that is land
applied directly from the barn(s) (i.e. has not been stored in waste holding structure).
Documentation: Appropriately labeled waste analysis reports
Date to be submitted:
Submit each month's waste application records (SLUR-1, SLUR-2, SLD-1, SLD-2, waste analysis) by the
151h day of the month following application until a Certified Animal Waste Management Plan (CAWMP)
is obtained. Example: All waste application records for April 2002 must be postmarked by May 15, 2002.
Documentation: Completed application forms and associated waste analysis
Date to be submitted: Within 15 days of the end of each month /l
Obtain dam "Hazard Verification" by Winston-Salem Regional Office Division of Land Resources, Land
Quality Section i5+
Documentation: Written verification
Date to be submitted:
Obtain new site topographic survey for proposed construction site
Documentation: Survey report
Date to be submitted:
(�Conduct soils investigation for proposed construction site
Documentation: Written soils investigation report
Date to be submitted:
Obtain final Waste Utilization Plan (WUP) confirming the number of cattle to be confined and milked at
the facility.
Documentation: Signed and dated WUP
Date to be submitted:

Submit terms for all lease agreements.
Documentation: Copy of all signed lease agreements, including length of terms
Date to be submitted:
Submit waste storage pond design plan to Raleigh, Land Quality Section for approval.
Documentation: Approval to Construct
Date to be submitted:
,Obtain contractor for construction of waste storage pond.
Documentation: Written contract signed and dated by Mr. Stephens and contractor
Date to be submitted:
Submit name, address, and telephone number of person(s) selected to do the actual grading for
construction of the waste storage structure.
Documentation: Dated letter signed by Mr. Stephens and grader
Date to be submitted:
Provide name and telephone number of c act person(s) involved in providing financial assistance for
constructional new waste storage strurture.
Documentation: Dated letter from . Stephens stating name and telephone number of financial assistance
contact person
Date to be submitted: 4
Submit written progress reports once construction has begun and until dam is seeded.
Documentation: Letter from Mr. Stephens to Regional Office, describing specific work that has been done or is
already completed
Date to be submitted:
Obtain "As -Built Inspection" by Winston-Salem Regional Office Division of Land Resources, Land
l0 Quality Section.
Documentation: Signed copy of Inspection Report
Date to be submitted:
Obtain "Approval to Impound" permit from Raleigh, Land Quality Section.
+ ' Documentation: Copy of Permit
Date to be submitted:

•
•
k��

Re: Stephens Lease Agreements
Is 0
Subject: Re: Stephens Lease Agreements
Date: Thu, 28 Feb 2002 08:01:05 -0500
From: Greg Goings <[e-mail]>
Organization: USDA-NRCS
To: Melissa Rosebrock <[e-mail]>
CC: Larry Coble <[e-mail]>
Melissa,
Keith had a Whitaker farm signed up on the old WUP. The new plan does
not have a Whitaker or McPearson tract. Let me know if you don't have
his WSP by Friday.
Greg Goings
Melissa Rosebrock wrote:
> Hey Greg,
> Do you know if Keith has any land signed up under the last name of
> McPhearson (owner) or Whitaker (leasee)? Chris Maison called to say that
> his aunt (owner) never signed up their 20 acres and Keith has previously
> applied waste there. I'm just checking.
> Thank you.
> Melissa
>
> Melissa Rosebrock
> NC DENR Winston-Salem Regional Office
> Division of Water Quality, Water Quality Section
> 585 Waughtown Street
> Winston-Salem, NC 27107
> Voice: [phone] ext 265
> FAX. [phone]
1 of I 2/28t2002 4:05 PM

Re: Fac# 86-23
Subject: Re: Fac# 86-23
Date: Mon, 25 Feb 2002 16:00:19 -0500
From: Melissa Rosebrock <Melissa.Rosebrock Ca) ncmaii.net>
Organization: NC DENR Winston Salem Regional Office
To: J R Joshi <[e-mail]>
CC: Greg Goings <[e-mail]>, Tony Davis <[e-mail]>
Thanks for your quick response JR. I felt certain that if you had ask the SWCDINRCS to provide
information that they would have done it ........ if the requested items were available. The owner of this
facility has not been particularly cooperative with us or with the county.
My suggestion is that you send Mr. Stephens another letter stating the information that is needed to process
his permit application since he is the one responsible. It is then his responsibility to request assistance
from the county. I would also copy the Surry SWCD on any correspondence because Mr. Stephens does not
always correctly convey to the SWCD what he needs and until recently was not picking up his certified
mail.
Just to keep you updated....... Mr. Stephens is currently in the process of expanding his facility and possibly
adding another WSP. He has more than twice the certified number of animals onsite (500+) and is skirting
an injunction with us. We will be having a Show Cause Meeting in Raleigh tomorrow with the AG's
Office, Steve, and Dennis. As of today, Mr. Stehens now has a WUP for 725 cattle but not a CAWMP
since a site survey, soils investigation, design, and construction still need to be done...... According to Sue,
he also needs to complete and expansion application ..... which I will provide to him tomorrow....... and this
will also put him into the NPDES category once a CAWMP is submitted.
Please let me know if you need any additional information.
Melissa
J R Joshi wrote:
Melissa,
I wrote you earlier that I spoke with Toni Davis re: the missing items
on the Stephens Dairy. I have gone back and forth on this permit so many
times that I thought I spoke to Toni. My notes do not specifically say
I spoke to Toni but I have spoken to Toni for many farms in that area
and thought he was the one I had talked to. This is no way meant to
hold Toni responsible but to convey to you that still have the missing
items. The original certification was signed by JR Everhart on /1/]999
I hope this clears the confusion. Please let me know if I can be of
further help.
J. R. Joshi
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27513 USA
Phone: [phone] ext 363 Fax: [phone]
1 of 2 2/25/2002 4:01 QM

Re: NO 86-23
Melissa Rosehrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
2 of 2 2/25/2002 4:01 PM

Stephens dairy (86-23)
0 0
Subject: Stephens dairy (86-23)
Date: Sat, 23 Feb 2002 09:03:15 -0500
From: J R Joshi <[e-mail]>
Organization: NC-DENR-DWQ
To: Melissa Rosebrock <[e-mail]>
CC: Marie Doklovic <[e-mail]>
Melissa,
Marie asked me Friday to check if there are nay items missing from the
Stephens Dairy Farm (86-23) from the permitting side of things. At that
time, I was having trouble locating my "review copy" of this file. I was
in a hurry to go pick up my daughter and hence couldn't do the search. I
have located the "review copy of the file. Here is a summary of this
file:
1. The original permit application was received 11/16/199 with most
items missing from the package.
2. Dianne Thomas, the reviewer at the time, wrote a letter asking them
to submit additional information. we receive some additional information
on May 03, 2000.
3. Following Dianne's departure, i did a review of the received items
and found the flowing items missing:
a. Technical specialist signature on the waste utilization plan.
b. page 2 of the waste utilization plan missing.
c. Discrepancy in PAN numbers.
d. Storage pond volume calculations
e. Operation and Maintenance Plan for the storage pond.
I spoke to Toni Davis, the technical specialist, on 7/13/2000. He
promised to send me the remaining items. He did send some but I am still
missing the following items;
a. Technical specialist signature on the waste utilization plan.
b. Storage pond volume calculations
c. Operation and Maintenance Plan for the storage pond.
I understand you have a hearing on Tuesday and it may not be a
sufficient time to resolve the permitting deficiencies before the
hearing. However, I will be glad to get this permit resolved as soon as
possible.
Please call if you have questions.
J. R. Joshi
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27513 USA
Phone: [phone] ext 363 Fax: [phone]
l of 1 2/25/2002 10:41 AM

I
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
r
February 21, 2002
MEMORANDUM.
To: Anita LeVeaux
From: Melissa Rosebrock Of --
Subject: Show Cause Meeting
Stephens Dairy #86-23
Surry County
Attached, please find a compilation of documents regarding what appears to be willful
and knowing non-compliance and a lack of cooperation by the Stephens Dairy in meeting the
requirements of their Certified Animal Waste Management Plan (CAWMP) and deemed permit.
Specifically, the following items are transmitted for your review:
-Chronological Timeline of Non-compliance
-Most recent DWQ Compliance Inspection Reports
-Most recent DWQ NOVs
-Most recent correspondence to owner and DWQ from Surry SWCDINRCS
regarding animal waste management and cattle expansion concerns
-Most recent response from owner
It is my understanding that you will be conducting the aforementioned Show Cause
Meeting to be held February 26, 2002 at 11:00 AM in the Archdale sixth floor conference room.
Please contact me at 336.771.4608 X265 for any additional information or clarification you may
need.
Attachments
cc: Dennis Ramsey — Supervisor, Non -discharge Branch
Steve Lewis — Non -discharge Compliance/Enforcement Unit
Winston-Salem Regional Office Facility Files
Central Files

Timeline of Non -Compliance at the Stephens Dairy:
1997 (November) - DWQ NOD issued for inadequate freeboard and poor condition of storage
pond discovered during DWQ Compliance Inspection.
1998 (February) - DWQ NOV issued for zero inches of freeboard discovered during a
complaint investigation.
1998 (November) - DWQ NOVINOI issued for exceeding the (then) certified number of 150.
Regional office investigates and reports that there are 240 animals on site. Operation is also
found to not have a CAWMP or a certified operator. Dam is found to be denuded and eroding.
1999 (March) — Facility is certified for 250 cattle.
1999 (November) - DWQ NOV issued for Invalid Operator's Certification. Operator is also
warned to obtain a revised CAWMP prior to stocking any additional animals.
2000 (April) - DWQ NOV issued for failure to keep adequate waste, application, and soil
records. Operator is also notified of violations involving run-off of waste and soil from concrete
and exterior lots; erosion of storage pond dam; lack of maximum liquid marker; and poor stock
trail conditions. Waste was being applied to fields not listed in the CAWMP. Response to DWQ
"10-day letter" was due May 1, 2000 and not received until May 16, 2000.
2000 (May) - DWQ/NOI issued for inadequate response to April 2000 NOV. Operator is also
told that the exterior lot is a violation of his CAWMP. This correspondence reiterates violations
involving lack of soil, waste, and application records. Problems with the stock trail, condition of
the dam, and exterior lot run-off are also noted. Owner is again told to install a maximum liquid
marker.
2001 (March) - DWQ NOV/NOI issued for exceeding certified numbers. March V inspection
documented 271 cattle while the inspection performed March 13`h verified 380 cattle. Previously
mentioned violations (see above) are again noted in the NOV/NOI. An additional source of
unpermitted discharge is also noted. Operator has still not taken any of the required soil or waste
analyses. March 1, 2001 inspection was performed as a result of a complaint alleging
overapplication of waste, odors, and excessive cattle numbers. March 13, 2001 visit was a
previously scheduled DWQ Compliance Inspection.
20011 (May) — This facility is inspected again as a result of another complaint regarding the
overapplication of animal waste. No overapplication of waste is noted, but the facility is found to
be operating with 464 cattle on site. Milk production records also showed daily milk production
to be increased approximately 1000 pounds since March 2001. DWQ NOV/NOI is issued for
exceeding certified numbers once again. The certified letter is served by the county sheriff since
Mr. Stephens did not pick-up letter at the post office.
2001 (June) — DWQ issues an assessment of a civil penalty against Stephens Dairy in the
amount of $5,436.46 for violations noted in March 2001 DWQ NOVINOI. Payment is due
August 1, 2001.
2001 (August) — Payment for June 2001 civil penalty assessment, or any response, is not
submitted by violator.

2001 (September) — Division of Soil and Water Conservation (DSWC) performs operational
review. DSWC notifies WSRO that facility has again increased the animal population to 518,
which is more than double the currently certified number of 250 cattle for this facility. Mr.
Stephens does not show -up for scheduled operational review, so waste application records are
not available for review.
2001 (September) — WSRO submits request for injunctive relief to Greg Thorpe.
2001 (November) — DWQ issues another civil penalty assessment for violation of certified cattle
numbers noted in May 2001 DWQ NOV/NOI. Certified letter is delivered by county sheriff and
in person by DWQ staff on January 16, 2002.
2002 (January) — Mr. Stephens requests and is granted a schedule for making partial payment
towards civil penalties of $9,908.90.
2002 (February) — DWQ receives payment of $408.88 towards civil penalty payment.
2002 (February) — DWQ sends letter to Mr. Stephens requesting him to appear for a Show
Cause Hearing on February 26, 2002.

MOST RECENT
DWQ COMPLIANCE INSPECTIONS

Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Date of Visit: 5/----- 1 Time: 11919 Printed on: 5/25/2001
Facility Number 86 23
0 Not O eralional 0 Below Threshold
[3 Permitted ® Certified 0 Conditionally Certified © Registered Date Last Operated or Above Threshold:
Farm Name: Ste lttuta.1hir County: SLt��ry................................................... W.SRQ........
R Y................................................................................
OwnerName: Kcith....................................... stful.tm.................................................... Phone No: { .C?. („ 20........................................................
Mailing Address: j.4Q.. aJkeyjew.aZ?dyv.......................................................................... 5AAt.C..RQiKd...N.0 .................................................... M.670 .............
Facility Contact: MAII.St.eptic1Rs.............................................. Title:................................................................ Phone No:.....................................
OnsiteRepresentative: ................................................................................ integrator:......................................................................................
Certified Operator.-Kciith.Sllwhew............................................................................... Operator Certification Number:..............................
Location of Farm:
Hwy. 21 North of Elkin to Popular Springs Rd. Turn right on Fax Welborn Rd. off of Popular Springs Rd., turn left after +
bridge and follow to the end.
❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude 35 • 17 43 Longitude 80 • 48 48
Design Current Design- Current - Design Current
Swine Capacity Population -Poultry Capacity Population.. Cattle Capacity Population
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
❑ Layer ® Dairy 250 464
❑ Non -Layer ❑ Non -Dairy
❑ Other
Total Design Capacity 250
Total SSLW `350,000
+'"DIY 0 "jfi%��, ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area l
i~ Number of Lagoons z � � t
:y }, F,
1 Holding Ponds„/ Sohd Traps 1 ❑ No Liquid Waste Management System ?> a> Iri it*v "r
Discharges >!Fc Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. if discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in galhnin?
d. Does discharge bypass a lagoon system`? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection Rc Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes IN No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 StruClUre 6
Ide nt i 1'ie i •: ...... V.aste.Pond..... ...............
Freebiwrd (inches): 60
05103101 Continued

Facility Number: 86-23 Date of Inspection 5/10/2001 Printed on; 5/25/2001 0�
0
5. Are there any immediate threats to the integnty of any of the structures observed? (ie/ trees, ere erosion, Yes No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ❑Yes ®No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ® Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ® Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ® Yes ❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No
12. Crop type Corn (Silage & Grain)
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ic/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
tl
'Mow 1<e y' + „ 8 rl O aOn
ra 1T�C ttl t� d1t10 aI
❑Field Copy ® Final Notes
Iwo
7. Waste structure looks better. Some repairs have been and still need to be made. Grading and straw noted.
8. and 27. Exterior lots (not allowed per the CAWMP) were still being used and were denuded.
_AL
9. Marker still not correctly set.
23. (Old form #25) Today's inspection was a result of an annonymous complaint call received by the Surry SWCD 5/9/01 which was
reported (as required) to the WSRO DWQ. The complaint alleged overapplication of animal waste on the field behind the trailers at the
farm. Today's inspection was unannounced and operator was not on site. Left field copy of this report in the office in the milk barn.
24. and 25. (Old form #26 and #27). Facility is still operating above certified number of 250. 464 total dairy cattle were counted on site
toda . Of this total, 336 dairy cattle were being confined, and 128 were on unapproved exterior lots.
Reviewer/Inspector Name Mel a Rosebrock
Reviewer/Inspector Signatu Date: $� Q
05103101 v rJ v Continued

,�tlyNumber: 86-23 f Inspection 5/10/2041 Printed on: 5/25/2001
ira
[ su
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below ❑ Yes ® No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
.or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
SWCD Staff were also present during the inspection. 1-1
J
05103101

40 Division of Water Quality
vision of Sol] and Water Conservation
ther Agency
ti
Type of Visit O Compliance Inspection O Operation Review Q Lagoon Evaluation
(Reason for Visit © Routine O Complaint O Follow up O.Emergency Notification O Other ❑ Denied Access
Facility Number 86 23 Datr (if' Vick: 1/16/zOt12 Time: 11945
O'.lot Operational O Below Threshold
❑ Permitted ® Certified E] Conditionally Certified E7 Registered Date Last Operated or Above Threshold: .......................
County: S
Farm Name: Ste hei's.DairUrr3.................................................. i ,SRQ........
OwnerName: Aft1h....................................... 5ifp.hens..................................................... Phone No: { .60K: «',........................................ ................
Mailing Address: 1.4.Q.Ls1tG.yjr.w.Dxxyg.......................................................................... Stake.1;.P.ad..NC................ ................ I................... 2b.6.76 .............
Facility Contact: tit~ixh.S.te hcits..............................................Title:.:.............................................................. Phone No:.7 .......................
Onsite Representative: �1itk1.,SX!<pth tis...........................................................................Integrator:......................................................................................
Certified Operator:,Kgatb.L.................................. S.tu icas.......................................... Operator Certification Number:20.32„
Location of Farm:
Hwy. 21 North of Elkin to Popular Springs Rd. Turn right on Fax Welborn Rd. off of Popular Springs Rd., turn left after +'
bridge and follow to the end.
❑ Swine ❑ Poultry IN Cattle ❑ Horse Latitude 3G • 17 43 Longitude F 80 •
Design Current
Design. Current
Design Current
Swine Capacity Population
Poultry
Capacity Population Cattle
Capacity Population
❑ Wean to Feeder
JE1 Layer
® Dairy
1 250 500
❑ Feeder to Finish
10 Non -Layer I
I❑Non-Dairy
❑ Farrow to Wean
❑ Farrow to Feeder
[[:]Other
❑ Farrow to Finish
Total Design Capacity
250
❑ Gilts
-
Total SSLW
350,000
❑ Boars
Number of Lagoons [ 0 ! I❑ Subsurface Drains Present Lagoon Area I❑ Spray Field Area
Holding Ponds / Solid Traps I ID No Liquid Waste Management System
Dicchar,ges & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at. ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed. was the conveyance man-made? El Yes ❑ No
h. If di`chargoi is observed. did it reach Water of the State" (If ves. notify DWQ) ❑ Yes ❑ No
c. ]f discharge i� observed. what is the estimated flow in ,al/min?
d. Does disch:3r_ce hvpass i Liuoon system:' (Ii'ves. notify DWQ)
2. is there evidence of past discharge from any part of the operation?
❑ Yes ❑ No
❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ® Yes ❑ No
1i rite 0illuciion & Ireatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ® No
Structure I SMJu turc 2 Structure ; Structure a Structure 5 Structure 6
ldentif ie:: .....M"asLe.l'ond..... ...............................
Frechoard t inches:: 42
05103101 Continued

Facility Number: 86-23 I
Date of Inspection Ln2402
5. Are there any immediate threats to the i.ty of any of the structures observed? (iel tr evere erosion,
s ge, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type Rye (Graze) Sudex (Hay) . Sudex (Graze)
❑ Yes
® No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
❑ Yes
® No
❑ Yes
® No
® Yes
❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ® Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ® No
c) This facility is pended for a wettable acre determination? ❑ Yes ® No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (iel irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
Oel discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems.noted which cause noncompliance of the Certified AR'MP?
® Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
�""�fti'"s,^rW.a^+ti n� w..ar.�:.:,�x; sya n�3:"'":.•,�iL`''. krasr+vv,? 'ta'�G:w'�34Mf�' rsd►,3=i��:�`cntva,it+k��ri�,�'t`
Comments (refer to gnesbod.#}:Y�Eiiplain a `Shari or.any;otherLcomments.:ri 6
yang�YES;answers�an/oryany,recomin"'
'�"�:S7p d.� �Z1-:l•a� 'y ;• i y ..Y :' .. AYE t'�+�iirlf. L� Y.�I.^-� .i i`^ �xS �1 {- d..i'�J�.'7'tYF'n• '�i
Use„�rawings of fac�l�ty}to�better� �tua�ons�(use addrt�o� pag�s�nec�ary) �� Fief Copy ®Fin�a,.l Notes .:,,.
Ala+�s � �M�:.
3. Still getting waste into surface water drain. Discharge into and from freshwater pipe has not reached waters of the State, yet.
A.
6. The current CAWMP does not include waste from the new freestall barn and the additional cattle onsite at this time.
7. Area on waste storage pond (next to parlor barn) still needs to be repaired where pipe from parlor is cleaned out.
8. Curbing around barns needs to be repaired/replaced to keep waste out of surface water drains.
11. Layer of waste, 4-5" thick, was noted on pasture at draw to creek. There is the potential for waste to run off and enter waters of the
State during rain events. Per operator, this area is to be scraped and excess waste removed today.
14a. The current CAWMP does not include enough acreage for the number of cattle at this facility.
15. Fields below the calf hutches that received waste in November 2001 still have no crop to utilize nutrients. Was sown in rve last
Reviewer/Inspector Name Melissa Rosebrock .
Reviewer/Inspector Signature Date: E
0510310I L I V I Continued

Facility Number: Sti-23 Date of Inspection F 1/16/2002
Odor ysues
• 0
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? El Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
115. (continued) week, per operator.
117. and 22. Not permitted, yet.
19. Need to update mortality checklist to include rendering.
Per operator, soil samples have been taken for 2002 but results are not back, yet.
No soil analysis was obtained for 2001.
No waste analysis was obtained within 60 days of October 2001 waste application events. Other applicationevents were ok.
25. Facility is still operating above the certified number of cattle for this facility.
Per operator, the WUP is currently being revised for 725 cattle and that the current waste storage pond will be expanded or
another one built for the additional cattle.
26., 29., 31., and 32. Questions are not applicable to this facility.
J
05103101

ivisio o Water Quality ,� 744 Kt :,f'it f
c'yy i~ rz ision of Soil and Water Conservation'
try er+AgencyIF`ttt��tlSF'1
_-.!l,.f T;.h,l tiY.f"w'%"��(.r Yt^ -
Type of Vlsit O Compliance Inspection% O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint Q Follow up O Emergency Notification O Other ❑ Denied Access
Date ul' Visit; 2/19/2002 fintr: 1015
Facility Number 86 23
I
Q Not Operational Q l3elmr Threshold
Permitted ® Certified [3 Conditionally Certified 13 Registered Date Last Operated or Above Threshold ..........................
Farm Name:,S.kl' Counts
cm
Pla.1biry.............................................................................................. . • sprry.................................................. WaSRQ
Owner Name:
Mailing; Address:14Q.LakP.Y.1.4m.Drkylr.........................................
Facility Contact: K1 1h,5 C.Phtm.............................................. .l'itle:
Onsite Represenla6ve: eAltt. X+~phcras..................
Certified Opera tor:.Kdtb.L.................................. S.tepbuas.......
Location of Farm:
Phone No: ( ). ��-�2 Q........................................................
SuLtv..9wt1 N-C.................................... I............... 2.07.6...---. ......
........... Phone No:
Integrator:..
Operator Certification Nu mber:,24$.32.............................
Awy. 21 North of Elkin to Popular Springs Rd. Turn right on Fax Welborn Rd. off of Popular Springs Rd., turn left after
)ridge and follow to the end.
❑ Swine ❑ Poultry ® Cattle ❑ Horse I.atitudc 1 36 4917 43 I•ongitude 80 48 48
Design Current
Swine Canacity Pnnulatian
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry Capacity Population Cattle Capacity Population
❑ Layer 109 Dairy 250
❑ Non -Layer JE1 Non -Dairy
❑ Other
Total Design Capacity 250
Total SSLW 350,000
Number of Lagoons 0 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
Holding Ponds / Solid Traps 1 ❑ No Liquid Waste Management System
Discharges R Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. if discharge is observed. was the conveyance man-made? ❑ Yes ❑ No
b. ]f discharge is observed. did it reach Water of the State? (It' yes, notify DWQ) ❑yes ❑ No
c. If dischart*e is ohscrved, what is the estimoied flow in talhnin?
d. Does dischcu•ge bypass a lagoon system'? (II'yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & I'realment
4. is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ® No
Structure l Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ......Wasie.P(md.....'.................................................
Freeboard (inches): 48
05103101 Continued

Facility Number: 86-23 _ Date of. Inspection 2/19/2002
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? []Yes No
(If any of questions 4-5 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ® Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? []Yes ® No
Waste Ate >lication
10. Are there any buffers that need maintenance/improvement? [:]Yes ® No
11. Is there evidence of over application'? ® Excessive Ponding ❑ PAN ❑ Hydraulic Overload ® Yes ❑ No
12. Crop type Rye
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)'? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ® No
b) Does the facility need a wettable acre determination? ❑ Yes ® No
c) This facility is pended for a wettable acre determination'? ❑ Yes OR No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit'by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
® Yes [:]No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
[]Yes ❑ No
❑ Yes ® No
[]Yes ® No
❑ Yes ® No
[:]Yes ® No
❑ Yes ® No
® Yes ❑ No
113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
C.i�L:s:�stSl"�`Y ."utA 1E1:iri"a�;�tsidil'�iF87 �
omments (refer to question #): Explain any'YES answers and/or any,recommen`ria ions or:any. other;comments.
U�syef drab' wings of.facthry}�gty to betterrexplain si�¢t�yu�pahonsus additional pag'�as.n�essarJ' : ❑Field Copy ®Final Notes
S
`��'7d'r yN�":5��•�.'.- Syr .� �FG�': -�� , _ �,g3ki: - � �� '� 'k .�, .{Y.�' i•
2. Past evidence of discharge from freshwater drain. Wooden curbing has recently been installed to keep waste from entering the drain.
_
Discharge should cease now. Repairs look good.
18. and 19. Did not look at records or count animals today.
Today's inspection was to follow-up, at owner's request, on repairs made as a result of the l/16/02 DWQ Compliance Inspection. Parlor
pipe has been extended and is no longer eroding side of WSP. Looks better. Wooden berms were recently installed around parlor barns
and sick cow barn to keep waste out of freshwater drain. Looks good.
w
Reviewer/Inspector Name Meli sa Rosebrock
Reviewer/Inspector Signatur i > . Date: 1—�
—2
05103101 L ✓ Continued

Facility Number: 86-23 Date of Inspection 2/19/2002
0 s
( dor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes [:]NO
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30, Were any major maintenance problems with the ventilation fan(s) noted'? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
7. If current WSP is not to be enlarged, then the dam needs to be re -graded and re -seeded.
.Waste was applied 1/29/02 to Durwood Stephens property (Tract 1918 Fields I and 2, 15.18 acres) that the owner has a signed
reement with. This tract is not yet a part of the WUP per Surry SWCD/NRCS and technical specialist. Per owner, he has a deed
this property.
15. and-25. Waste was applied to the old exterior lot (Tract 2089 Field 1) which is in the WUP but this field did not have a crop on it
yet. Per operator, waste was applied three weeks ago.
1. Waste was also applied too heavily to parts of this field.
J
05103101

Deranment of EnVironment aAmiural Resources
? Iichaei F. Easlcy, Governor
William G. Ross Jr., Secretary
CERTIFIED MAIL 7099 3400 0006 9313 7472
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation
Notice of Intent to Enforce
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
1� •
NCDENPv
Division of Water Quality
March 21, 2001
On March 1, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem
Regional Office performed a compliance inspection at the Stephens Dairy in Surry County. Tony
Davis of the Surry SWCD was also present during the inspection. This inspection .was performed as a
result of a complaint received by the Division of Water Quality's Winston-Salem Regional Office
alleging excessive odor from the farm, over -application of animal waste and the confining of more
than the certified number of cattle. Another compliance inspection was performed March 13, 2001 by
Ms. Rosebrock. Both Mr. Davis and Mr. Greg Goins with the Surry SWCD/NRCS were present
during the second compliance inspection.
Staff noted several violations and concerns regarding animal waste storage and handling on
your farm that require your immediate attention. The following items should be addressed in your
response:
1. On the date of the complaint investigation,'Staff counted a minimum of 271 confined
cattle at the dairy. Per an employee at the dairy, approximately 350 were being milked
daily. On the date of the compliance inspection, it was noted that 380 cows were being
milked on a daily basis. A review of the farm's milk production records also revealed
that approximately 23,000 pounds of milk is picked -up daily which is consistent with a
herd size of approximately 288 to 460.
Per your Certified Animal Waste Management Plan (CAWMP), you are only certified
for 250 cattle. Our records also indicate that this operation has previously been cited
for exceeding certified numbers (see 1998 DWQ Notice of Intent to Enforce). You
are, again, in violation of your CAWMP, deemed permit, and NCGS 143-2151.
585 Waughrown Street. Winston-Salem. North Carolina 27107-2241
Phone: [phone] FAX: [phone] interne[: www.enr.state.n_-.usi=_NlL•'
AN EQUAL OPPORTUNITY 1Ai•FIRMATIVE ACT10i\ EMPLOYER — 5t1';;, RECYCLED / 10:7.110ST C01VSlhllr]< !'f1PLlZ

Stephens Dairy
March 21, 2001
Page 2
2. On the date of the complaint inspection, at least 102 cows were being kept on an
exterior, late lactation lot. Your CAWMP does not permit the use of exterior
lots. Furthermore, this lot is completely denuded and is in need of extensive
maintenance and repair. Additionally, buffered areas between the denuded,
exterior lot and waters of the State are without adequate vegetation. This situation
has allowed for past discharges of animal waste and soil off the lot during rain
events, down a 50-foot channel, and into an unnamed tributary to the Mitchell
River (Class C waters).
Our records indicate that you were previously told to remove cattle from this
exterior lot or to have the CAWMP revised to include its use (see 1999, 2000
SWCD Operational Review, 2000 DWQ Compliance Inspection, and 2000 DWQ
NOV/NOI). A letter written by Talley Stephens on your behalf (May 12, 2000)
stated that the cows were to be moved from this exterior lot into a pasture that had
been leased. The above concerns are continued violations of your CAWMP
and deemed non -discharge permit.
3. A large amount of animal waste was observed coming off the concrete lot of the
freestall barn next to the milking parlor. The discharge has occurred as a result of
the waste not being contained on the concrete when the lot and barns are scraped
and during rain events. Consequently,'the stock trail adjacent to the freestall barn
also needs extensive maintenance and repair. Additionally, the current situation
allows for a potential discharge of unpermitted waste from the concrete lot, onto
the exterior lot, and into the UT to Mitchell River during rain events (see 1999
SWCD Operational Review, 2000 DWQ Compliance Inspection, 2000 DWQ
NOV/NOI and 1999 Burchette/Cartner letter to Mr. Dick Everhart). This is a
continued violation your CAWMP and deemed permit.
4. Feed and bedding containing animal waste was also observed to be getting into a
freshwater, surface drain near the sick cow barn. The waste is being discharged
onto the denuded, exterior lot. The situation allows for the potential of an
unpermitted discharge of waste into surface waters of the State, particularly if
conditions deteriorate further. The discharge of feed and bedding is a violation
of your CAWMP.
5. The interior of the waste storage pond (southeast corner) adjacent to the milk
parlor barn is severely damaged due to unfinished repairs, erosion, and poor
maintenance. This area of the dam was to have already been re -seeded and
repaired (see 2000 DWQ Compliance Inspection and 2000 DWQ NOV/NO]). The
damage is now compromising the integrity of the dam and poses an immediate
threat to the environment. This is a continued violation of NCGS 143-215.10E.

Stephens Dairy
March 21, 200I
Page 3
6. The northwest corner of the dam continues to have sediment eroding into it from
the new freestall barn site (see 2000 DSWC Operational Review/DWQ
Compliance Inspection, and 2000 DWQ NOV/NOI and 1999 Burchette/Cartner
letter). The damage is compromising the integrity of the dam and poses an
immediate threat to the environment. This is a continued violation of NCGS
143-215.10E.
7. A visual inspection of the operation also revealed that cattle are being confined in
a fenced area on the upper, inside slope of the dam. Cattle are to be removed from
this northeast corner of the waste storage pond immediately. This area is
completely denuded and is to be re -vegetated as soon as possible. This is a
violation of your CAWMP and deemed permit.
8. The waste storage structure still lacks an adequate maximum liquid marker (see
1998, 1999, 2000 SWCD Operational Reviews and 1997, 1998, 1999, 2000 DWQ
Compliance Inspections, and 2000 DWQ NOV/NOI and 1999 Burchette/Cartner
letter). This is a continued violation of your CAWMP, deemed permit, and
NCGS 143-215.1
9. It was difficult to accurately determine the freeboard for the waste storage pond
due to extensive damage and erosion on the spillway. Repairs need to be made
immediately. Note that you were previously copied on a letter stating that these
repairs needed to be made (see 1999 Burchette/Cartner letter). Non -maintenance
of the spillway is a violation of your CAWMP and deemed permit.
10. Waste from the animal waste storage pond has been applied to fields not in your
CAWMP. These fields are also lacking signed "Property Agreement" forms. This
continued violation of your CAWMP and deemed permit was also noted last
year (see 2000 DWQ Compliance Inspection and 2000 DWQ NOV/NOI).
11. While reviewing the farm's waste application records, it was noted that no animal
waste or soil analyses have ever been performed for this facility. Additionally,
waste application records for 2001 need to be updated. This is a continued
violation which has previously been brought to your attention (see 1999, 2000
SWCD Operational Reviews and 1999, 2000 DWQ Compliance Inspections, and
2000 DWQ NOV/NOI). Failure to have complete records is a violation of
NCGS 143-215.1 and your CAWMP, your deemed permit.
-M-, 'A

Stephens Dairy
March 21, 2001
Page 4
The Winston-Salem Regional Office is considering recommending an enforcement action
against you for the above referenced violations. If you have justification that these violations are
caused by circumstances beyond your control, or you have an explanation that you wish to
present, please respond in writing within fifteen (15) days following receipt of this notice. The
Winston-Salem Regional Office will review your response and forward it to the Water Quality
Section Chief with the enforcement package.
In the absence of any justification, the Regional Office will recommend that an
enforcement action be taken against your facility. Please address your response to my attention at
the address shown on the letterhead. Be advised that North Carolina General Statutes
provide for penalties of up to $10,000 per day per violation as well as criminal penalties for
violations of state environmental laws and regulations.
If you have any questions concerning this matter, please contact Melissa Rosebrock or
me at [phone].
Sincerely,
Larry D. Coble
' Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham— DSWCD MRO
Marlene Salyer — DSWCD WSRO
WSRO- acility•Files
Central Files 1dpoew u1nou o11sawoa EZZO-9-66-969ZGL b6$l iaq a Qwlod Sd
N
O
(J 6 0 ea Jp yJ UJ,
/9 cc
(Jped si eel } V i
eassajppv'B eNJLud):A l)V a's
z
10 a1et� ■
■
0O0 ❑ as;pueyajap@ i01 Jd1aaa wnJa mm
11eW sa�dxa ❑ 9LL9SZ �� puo21 a;LDS m
pa,nsul❑ an1.1a M� IAQJ'8-1 Obl w
pagiueas� pa�alsr6ad ❑ d 1 I °
U
edAi eoinaeg'gq SL12LJ 24s L141 A jN 9
m
jegwnN 8101PV 'eq :01 passaippv 010MV -0 a
&OA118a Pal01us8H ❑ 'Z
sseappV s,aassaJppV ❑ • t
:(081 eJJX0 ue J01) saolNas 6u1
-M01101 9y1 OA1030J 01 14SIM osle I
paianiIap 3
FT,e.,qPuw,n'u'
eaPue PaJeniIaP SUM epiue aye woyM of Moys pua jdpoaa wnlau ayl ❑
eto}Ye eye molaq eoaid1!ew ayl uo.palsenbay tdraoed wn;ad, aauM 0•{luued mu se.P eaeds 1! )aeq aya ua jo'aoeid1iew eyl Ja �uoiJ eye of uuol siyl4:14V �n6A oI Paea
lei U=$M leyl os uu01 s!41 Jo eslanal OqJ uo ssaippe Pue aweu maA luud ❑ ,.•y�
-. 'ql' Pue'ay'g swes! aaaldwoo m
•seoimas leuopppe JoJ Z Jorpue L swali eteldwoo QCL
+n
i ��, . @GN3S

4 W A riq - Michael F. Easley
0. . Governor
• �� r William G. Ross Jr., Secretary
/> =� Department of Environment and Natural Resources
0 '< Kerr T. Stevens
Division of Water Quality
Division of Water Quality
May 25, 2001
CERTIFIED MAIL 7099 3400 0006 9313 7151
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Complaint Investigation
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This letter is to summarize an inspection/investigation that was performed at your facility as a result of
an anonymous complaint received by the Surry County Soil and Water Conservation District (SWCD) Office on
May 9, 2001 alleging over -application of animal waste. As required by law, Surry SWCD forwarded the
complaint information to our office. On May 10, 2001 Melissa Rosebrock of the Division of Water Quality's
(DWQ) Winston-Salem Regional Office performed a compliance inspection at your farm to investigate the
allegations. Surry SWCD staff was also present during the investigation.
While DWQ staff found no evidence of improper or over application of animal waste, there were other
concerns that continue to warrant your immediate compliance. Please note the following items:
1. On the date of the complaint investigation, Staff counted at least 336 confined cattle at the dairy. An
additional, 128 dairy cattle were also observed on exterior lots. This is a total of 464 cattle being
maintained on a facility that is only certified for 250. Note also that the total number of dairy
cattle at this facility is at least 84 more than was counted during your compliance inspection of
March 13, 2001. A review of the farm's milk production records on the date of our investigation also
shows that approximately 1,000 more pounds of milk is being picked -up daily since the March
compliance inspection (see March 21, 2001 NOV/NOI). You are, again, in continued violation of
your CAWMP, deemed permit, and NCGS 143-215.1. Our records also indicate that you were
previously cited for exceeding certified animal numbers (see 1998 and 2001 DWQ Notice of Intent
to Enforce).
2. As stated above, at least 128 cows are being maintained on exterior lots. Your CAWMP does not
permit the use of exterior lots. These lots continue to be completely denuded and in need of
maintenance and repair. Additionally, buffered areas between the denuded, exterior lot and waters of
the State are without adequate, permanent, vegetation.
NCDENR
Customer Service
1 800 858-0368
Division of Water Quality / Water Quality Section
585 Waughtown Street Winston-Salem, NC 27107 rf�
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr.state,nc.us �f .J

Stephens Dairy
May 25, 2001
Page 2
Our records also indicate that you were previously told to remove cattle from these exterior lots or to
have the CAWMP revised to include their use (see 1999, 2000 SWCD Operational Review, 2000
DWQ Compliance Inspection, and 2000 and 2001 DWQ NOVINOI). The above concerns- are
continued violations of your CAWMP and deemed non -discharge permit.
3. Our investigation noted that some repairs had been made to the waste storage pond dam and spillway
area. Grading of previously damaged areas was also observed, as well as the application of straw to
the disturbed areas of soil. No permanent vegetation was evident yet on the denuded areas of the
waste storage pond dam.
4. The waste storage structure still lacks an adequate maximum liquid marker (see 1998, 1999, 2000
SWCD Operational Reviews and 1997, 1998, 1999, 2000 DWQ Compliance Inspections, and 2000
and 2001 DWQ NOVfNOI and 1999 13urchette/Cartner letter).
The Winston-Salem Regional Office is considering recommending another enforcement action against
you for the above referenced violations. If you have justification that these violations are caused by
circumstances beyond your control, or you have an explanation that you wish to present, please respond in
writing within fifteen (15) days following receipt of this notice. The Winston-Salem Regional Office will
review your response and forward it to the Water Quality Section Chief with the enforcement package. In the
absence of any justification, the Regional Office will recommend that an enforcement action be taken against
your facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000
per day per violation as well as criminal penalties for violations of state environmental laws and
regulations.
Please address your response to my attention at the address shown on the letterhead. If you have any
questions concerning these matters, please contact Melissa Rosebrock or me at [phone].
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer — DSWCD WSRO
WSRO Facility Files
Central Files

•
RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the
,2000, and together with the Civil Penalty
f�STi�L/i _ on the
2004, at the following place: !qd LAjgjE�i (,%L'). , 5-EL-rI
(Fill in address where copy delivered)
BY: z MCI
(Serving Officer)
Check one of the following:
RECEIVED �
Dept. of EF•!W
.SUN 2 8 2001
Mmhnston-SoIeifi
k xcar'a I C)Ifir.
Day of
Assessment was served as follows:
hag of I
Personally delivering copies to the named individual;
Left with 1AU-t%, who is a person of suitable age discretion and
who resides in the named individual dwelling house or place of business.
C -J
I1" not served on the named individual, state reason:
_(.UfLIE ff" /fit/ County Sheriff; 0
(Sheriff Signature) (bate)
Fee $: Waived (State Agency)
Please return this form to. -
NC Dept. Of Environment and Natural Resources
Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107-2241
Paid by: NIA

. • Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Division of Water Quality
February 4, 2002
CERTIFIED MAIL 7099 3400 0006 9313 7335
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Compliance Inspection
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This letter is to summarize the violations observed during a compliance inspection performed at your
dairy facility on January 16, 2002. Both Division of Water Quality (DWQ) and Surry County Soil and Water
Conservation District (SWCD) staff were present. A "Final Notes" copy of the compliance inspection form is
attached for your reference.
1. On the date of the compliance inspection, Staff counted at least 500 confined cattle at the dairy.
Since the dairy is only certified for 250, you are again, in continued violation of your Certified
Animal Waste Management Plan (CAWMP), deemed permit, and NCGS 143-215.1. Our
records also indicate that you were previously assessed for exceeding the number of animals
specified in the CAWMP (June and November 2001).
2. Feed and bedding waste containing animal manure was also observed to be entering a. freshwater,
surface drain near the sick cow barn and discharging onto an exterior lot. While the discharge of
unpermitted waste has not yet reached an unnamed tributary to the Mitchell River (Class C waters),
the situation allows for a continued potential, particularly during rain events. The discharge of feed
and bedding containing animal waste is a continued violation of your CAWMP that was
previously cited in a Notice. of Violation/Notice of. Intent to Enforce (March 21, 2001).
Additionally, several sections of curbing around the larger freestall barns also needs to be repaired or
replaced in order to keep waste from entering other freshwater drains.
3. Fields below the calf hutches,' which received waste in November, still have no crop available to
utilize the nutrients. Failure to "apply waste to a growing crop or to bare ground more than 30
days prior to planting" is a violation of your CAWMP. On the date of inspection it was noted
that waste had recently been overapplied on one of the fields mentioned above. In particular, a four
to five inch layer of waste was observed on the pasture area near the draw to an unnamed tributary to
the Mitchell River. As discussed during the inspection, there is a potential for the waste to run off
and enter surface water during rain events. Over application of waste is another violation of your
CAWMP.
A3,w
NCD. MR
Customer Service
1 800 858-0368
Division of Water Quality / Water Quality Section
585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr.state.nc,us

Stephens Dairy
February 4, 2002
Page 2
4. The waste storage pond still has areas that need to be repaired and permanent vegetation re-
established. In particular, the areas of the waste pond between the sick cow and freestall barns and
the "parlor pipe clean -out area" still need extensive work, including grading and re -vegetating. Our
records show that you were previously assessed for this violation (June 2001).
5. An annual soil analysis was not obtained for any fields receiving animal waste in 2001. Further, a
waste analysis was not obtained within 60 days for the October 2001 waste application events,
either. Failure to make records available upon request is a continued violation of your
CAWMP. Again, our records show that you were previously assessed for this violation (June
2001).
6. The current CAWMP does not include the waste from the additional cattle and new freestall barn.
This needs to be revised. The current CAWMP includes a checklist for burial as the only method of
mortality disposal. Since mortality is pick-up and taken to a rendering facility, this needs to be
revised in your CAWMP as well. Failure to abide by your CAWMP is a violation.
The Winston-Salem Regional Office is considering recommending yet another enforcement action
against you for the above referenced violations. If you have justification that these violations are caused by
circumstances beyond your control, or you have an explanation that you wish to present, please respond in
writing within fifteen (15) days following receipt of this notice. The Winston-Salem Regional Office will
review your response and forward it to the Water Quality Section Chief with the enforcement package. In the
absence of any justification, the Regional Office will recommend that an enforcement action be taken against
your facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000
per day per violation as well as criminal penalties for violations of state environmental laws and
regulations.
Please address your response to my attention at the address shown on the letterhead. If you have any
questions concerning these matters, please contact Melissa Rosebrock or me at [phone].
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer — DSWCD WSRO
MISRO Facility Files,
Central Files

MOST RECENT
CORRESPONDENCE FROM
SURRY COUNTY SWCD/NRCS
TO OWNER AND DWQ

USDA United States Natural Resources P. 0. Box 218
Department of Conservation Dobson, NC 27017
Agriculture Service Telephone: [phone]
To: Melissa Rosebrock
c
From: Richard Everhart
91---
Subject: Keith Stevens Dairy
Fallowing is a list of the assistance with dates provided to Keith.
Assistance
Provided Animal Waste Management Plan certification
covering the collection, storage and runoff control sections
for 150 dairy cows.
Provided Animal Waste Management Plan certification
for 250 dairy cows.
Met with Keith to discuss further expansion of the dairy
to 400 dairy cows. We had already completed a soils
investigation and site survey, but still needed a completed WUP
from NC Cooperative Extension Service.
March 21, 2001
RECENED
N.C. Dept. of E��NP
APR 0 3 "cool
Date
12/9/1997
3/1 /1999
1 1 /4/1999
On 9/27/00 Keith requested an expansion to 500. We 10/1 1 /2000
followed up with a letter outlining what he would need to
provide before we could proceed. This included locating adequate
acres for waste application and a new soils investigation because a
building pad had been graded over the borrow area for the previously
planned waste storage pond.
This outlines only highlights of the assistance provided relating to certification. If you
have questions or need additional information please let me know.

0.
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Richard Everhart
District Conservationist
Dobson Field Office
PO Box 218
Dobson, NC 27017
SUBJECT: Request for Correspondence
Stephens Dairy, #86-23
Surry County
Dear Dick,
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
February 19, 2002
As you are aware, the NC Division of Water Quality continues to have serious concerns regarding the
animal waste management practices at the Stephens Dairy. In fact, two civil penalty assessments, totaling
almost $10,000, have already been issued by our Central Office.
In an effort to more fully understand the compliance efforts initiated by the Stephens Dairy, our office is
requesting copies of any recent correspondence (last two years) between your office and Mr. Keith Stephens
regarding animal waste management, expansion, and any waste management plan revisions.
As always, thanks for your assistance. Please let me know if you or your office requires additional
information regarding this matter.
Sincerely,
Melissa Rosebrock
Environmental Specialist
Winston-Salem Regional Office
cc: DWQ Non -Discharge Compliance and Enforcement Unit
WSRO Facility Files
Central Files
1� EN_ R
Customer Service Division of Water Quality / Water Quality Section
t 800 858.0368 585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr,state.nc.us

02/20/02 10:33 FAX [phone]
oprnamL (TOM
FAX TRANS ITTAL
LAL 9ERVM8 ❑DMIN MATION
SURRY SOIL AND WATER CONSERVATION DISTRICT
P.O. Box 218
Dobson, N.C. 27017
October 6, 1998
Keith Stephens
3145 Buck Shoals Rd
Union Grove, NC 28689
Dear Mr. Stephens:
The district has been working with you since early 1997 to
complete some items on your farm for 0200 certification and
for payment from our cost -share program. The office staff
have talked with you on several occasions about what would
need to be completed. On October 5 Tony Davis accompanied
Jeni Rankin to inspect the farm at 1:00, the time that you
had requested, Tngr; w;rg Plyual thingv nq�q� F-j�gvent
payment or certification of your operation, listed below are
things that must be fixed before we can assist you further,
1)There were 240 +- cattle counted on the farm and you are
only designed for 150. 2)There are cattle outside and you
had told us that all cattle would be confined. 3)The cattle
that are outside have destroyed vegetation and disturbed the
back of the dam. 4)There is a push -off ramp being used that
has not been poured in concrete as planned. 5)There is a
water trough in the drainage way beside the new building
that must be moved. When these things are taken care of we
will try to assist you with payment of cyst -share,
ogrtiftoation for o2oo and th@ roquirimuti tnat we would
have to address for an expansion that you have requested.
If you have any questions you can call the office at (336)
386-8751 ext.3.
Thank you for your cooperation,
Ted Holyfield

UNITED STATES NATURAL RESOURCES
DEPARTMENT OF CONSERVATION
AGRICULTURE SERVICE
January 8, 1999
SUBJECT: 0200 Certification
TO: Keith Stevens
PO BOX 218
DOBSON, NC
27017
Attached is a copy of a letter concerning your dairy
operation. Call if you have questions.
0
J.R. Everhart
District Conservationist

USDA. �
•
January 4, 1999
Natural Resources Conservation Service
111 ]ackson Street
PO Box 8
Yadkinville, NC 27055
Phone [phone]
Mr. Dick Everhart, District Conservationist
USDA — Natural Resources Conservation Service
Post Office Box 218
Dobson, North Carolina 27017
SUBJECT: Keith Stevens Dairy
Requirements for 0200 Certification
Based on Current Animal Population
Dear Dick:
On December 7 and 21, 1998, we meet with Tony Davis, Greg Goings and
Mr. Stevens on the dairy to discuss items that must be completed before the 0200
Certification Form can be completed and submitted to North Carolina Department of
Environment and Natural Resources, Division of Water Quality (DWQ). Also,
discussed were Mr. Stevens's plans to expand his milking herd.
The following are the items were discussed as the requirements to certify the
operation based on the current animal population of 250 Holstein milk cows.
1 . The diversion berm to direct the roof runoff from the newest freestall barn
into a pipe and catch basin must be reshaped and stabilized (see drawing for
location). The top of the berm must be graded (raised) to the same elevation
as the concrete stocktrail to ensure that the runoff is diverted away from the
waste storage.pond (WSP). The berm is to be seeded and mulched in
accordance with the attached Seeding Specification.
2. The concrete curbing along the concrete alleys and the outside edges of the
freestall barns is to be repaired to ensure that all waste is contained on the
concrete when the lot and barns are being scraped and during rainfall events.
3. A highly visible maximum liquid level marker must be installed at Elevation
92.9 relative to the Temporary Benchmark Elevation 100.0 established on
the corner of the concrete curb (see drawing for location).

Page Two .
Stevens Dairy
January 4, 1999
4. The Emergency Spillway (see drawing for location) must be
regraded/reconstructed. The bottom elevation is to be 93.8 and bottom
width is to be 12 feet, The side slopes are to be 3-ft. horizontal to 1-ft.
vertical.
5. The area on the north west end of the dam where fill material has been
placed must be sloped to provide a 3:1 outside slope. This area is to be
stabilized in accordance with the Seeding Specification.
6. The downstream slope of the WSP and the adjacent disturbed areas (see
drawing for location), the roof runoff diversion and the Emergency Spillway
must be limed, fertilized, seeded and mulched in accordance with the
attached Seeding Specification.
7. The recently excluded area (see drawing for general location) is to be repaired
seeded and mulched. Those areas with little or no permanent vegetation are
to be addressed in accordance with the attached Repair Seeding
Specification.
8. The WSP must be emptied in accordance with the Waste Utilization Plan
(WUP) to provide 120 days storage capacity. The liquid level will be
evaluated prior to completion of the Certification Form to ensure that
adequate capacity is available at that time the remainder of the storage
cycle.
9. The Lon Term Lease Agreements must be completed and the corresponding
fields and crops identified in order to complete the-WUFr 7Fese forms were
hand -delivered to Mr. Stevens's staff (per his request) by the Field Office
Staff on December 21, 1998.
A soils investigation and site survey were completed on December 21, 1998.
The site survey was used to determine if the available storage capacity in the
WSP is adequate for the current animal population of 250 Holstein cows. The
emptied WSP should provide 120 days storage including all animal waste, parlor
water and lot runoff.
The soils investigation was com feted to determine if the WSP could be
expanded to rovide story e for the tanned ex ansion to 400 Holstein cows at
100% confinement. The design for expanding the WSP will be camp ete at a
later date. It was discussed with Mr. Stevens that the operation must be
certified for the )dditional-cavacity and approval received from DWQ prior to
stocking the additional animals.

Page Three
Mr. Stevens
January 4, 1999
If you have questions or if we can provide additional information, please let
us know.
Sincerely,
Juo ddA�
J. Tommy Burchette
Civil Engineering Technician
Daphne M. Cartner, EIT
Division of Soil & Water Conservation
Enclosures: Site Maps, Seeding Specification, Repair Seeding Specification,
Capacity Determination
Cc: Keith Stevens
Tom Wetmore, Jr., ASTCFO
Angela Jessup
Greg Goings
Shannon Langley, DWQ - Raleigh
Larry Coble, DWQ — Winston Salem Regional Office
Carroll Pierce, DSWC - Raleigh

02/20/02 10:47 PAX 9103869828 001
USDA United States Natural Resources P. O. Box 218
Department of Conservation Dobson, NC 27017
Agriculture Service . _ Telephone: [phone]
February 20, 2002
To; Melissa Rosebrock
From: J. Richard Everha
Subject: Keith Stephens Correspondence
There are 3 letters to Mr. Stephens covered by the period of your request. I am faxing
copies with this transmittal.
O"UNAL FORM 49 (7-00)
FAX TRANSMITTAL swP&gW
T g63b I"
-- =- ... _... - - ,-- .--

' 02/20/02 15:57 FAX [phone]
USDA United States Natural Resources P. O. Box 216
Department of Conservation Dobson, NC 27017
AgNculture _ Service -Telephone; 336-386-8751
October 11, 2000
Keith Stephens
140 Lakeview Drive
State Road, NC 28676
Mr. Stephens:
For us to move forward with your request for a waste utilization plan and design for a
waste storage pond for a 500 head dairy operation, we will need you to designate land
for waste application. You will need to locate approximately 500 acres of haylaind, 600
acres of pasture or a combination of the two. Your existing plan covers approximately
155 acres of pastureland. On land you do not own we .will need an agreement signed by
the landowner providing you access for waste application as detailed in the plan.
When you have completed this process we will need to schedule a new soils
investigation of the site. A new investigation is needed due to the increase in the
proposed herd size from 400 to 500 head, and the fact that the building pad has been
graded on the planned borrow area and into the area planned for the waste storage pond
expansion.
As for approval of the building, we are not involved in the design or construction of the
building. We will not be able to determine if you have adequate resources for the
proposed expansion until you complete the above items. It is your responsibility to have
all required state permits prior to stocking additional animals.
If you have any questions or need additional assistance please call.
Richard Everhart
District Conservationist
Cc: Mike Sugg
Don Griffin
Tommy surchette
OP,nONAL FORM "(I•BO)

USDA United States Natural Resources P_ O_ Sox 215
=ter Department of Conservation Dobson, NC 27017
QM Agriculture _ Service _ Telephone:[phone]
December 19, 2001
Keith Stevens
140 bake view Drive
State Road, NC 28676
Mr. Stevens:
We received your letter concerning expansion of your operation on December 17. As 1
read it you are wanting to expand to 725 dairy cows. There will be 635 confined and an
additional 90 on pasture. This will require approximately 454 acres of pasture for waste
applications. Please call to set up a time to review your records. We will determine how
many additional acres you will need to develop your waste management plan.
J. Richard Everhart
District Conservationist

02/20/02 10:47 FAX [phone]
USDA United States Natura[ Resources P. O. Box 21a
Department of Conservation Dobson, NC 27017
Agriculture Service Telephone: [phone]
February 19, 2002
Keith Stephens
140 Lakeview Drive
State Road, NC 28676
Mr. Stephens:
There are several items that need to be addressed before we can proceed with any
design work on the waste storage pond for your proposed expansion.
We need confirmation on the number of dairy cows that will need to be considered in
the design of your waste storage pond. Your letter of December 11, 2001 indicated
there would be 635 cows at the dairy and an additional 90 cows on pasture. You noted
that 55 of these cows would be on sawdust pack with no manure entering the waste
storage pond. On a subsequent visit you indicated the waste storage pond should be
designed for 725 cows, but your plans were to eventually expand to 1000 cows. This
needs to be clarified in writing before we can proceed with your design.
There is a trailer within 750 feet of the site for the proposed waste storage pond. NRCS
policy requires Area and State approval for any exception to the 750 feet distance
requirement. You must have a notarized letter from the owner of the neighboring
dwelling giving you permission to construct a waste storage pond at the proposed
location. I will need a letter from the property owner, and if the property is rented
documentation that you notified the renter. I will also need contact information,
including phone numbers and addresses.
We will spend a considerable amount of time on this project. According to DWO
regulations you will have to get approval from NC Division of Water Quality for your
expansion. I would like you to get an indication from them, in the form of a letter, that
they will look favorably on your request to expand.
Finally I have some real concerns about your waste application plan and the fact that you
own less than 10% of the land that you will be applying waste on. The letters you have
giving you permission to apply waste have no time frame listed. This means that you
could loose the right to apply waste on this land at any time. Understand that it is your
responsibility to keep your waste utilization plan up to date. You will need to line up
new fields and request a new plan if any change in the status of the land occurs.
Call if you have any questions,
J. Richard Everhart, District Conservationist

MOST RECENT
OWNER/OPERATOR RESPONSE

• RE'ED
N.C. De f EHNR
MAY 16 2000
Winston-Salem
0.���� Regioi�0�'f-ic��l
q+u�C.,s
ID a ,�u���l�,c,�sl��u.�cC.o
F�P �.� ✓VC . � kn nA-)
b,�P- Lk CX- GO-ZfJ1,C4,
-/D /Ian
v � �cad � -�P
LA-f 014-- f&--z
Q
a,o b- 1v /z�ct
(fit v� a-u � v i
uw�-e�,1c� -Fa da G.,hco- f 4u-vr,,_. a kLe_ j CCk Ckd&-�`-blyLf Cc-W,6
GUu F'tit GV-Q of ou-F 6� `-htiz fl<.UdV-y A-P o f
v� C,- p mlw-Lf -f-hck-f ..&-)� fc.e.ec,k 1 ease
6LU � `IZILe Cc,cA,G� �z ozc.acP Gv7,�Q Ic �rc� S a.�ck fiu .�
f a c�'� h � a�v-Lcu. c�. c�n.� d 2�G, au.2OC G,,f
Ct, tLo P- 1����
,4�f
o-�- 64iams up f-ru wc,�u rtifi 146cr)4,
r�k I
Sd-, a-u..ecC c� v-u.. haAAe .�a�o�c�.��Caks az ca-�cL.(,c.s,
ina-� a,c.,� a� .331a-3(��-3aav

Re: stephens-sevice by sheriff
i i
Subject: Re: stephens-sevice by sheriff
Date: Wed, 20 Feb 2002 17:07:04 -0500
From: Steve Lewis <[e-mail]>
To: Melissa Rosebrock <[e-mail]>
The payments for the two penalties (PC 01-013 and PC 01-027) have been
combined into one payment schedule. We're crediting PC 01.-01.3 first
until it's paid off. His first check was received about Feb. 1.
Melissa Rosebrock wrote:
> hey Steve, when was the $4,472.44 assessment (pc 01-027 signed
> 11129101) received by keith? could you send me the confirmation? I'm
> looking for a date that payment or a response was due on this one.
> thanks again.
> Melissa
> Melissa Rosebrock
> NC DENR Winston-Salem Regional Office
> Division of Water Quality, Water Quality Section
> 585 Waughtown Street
> Winston-Salem, NC 27107
> Voice. [phone] ext 265
> FAX: [phone]
1 of 1 2/25/2002 10:49 AM

S'(FWAr�
9Q Michael F. Easley, Governor
,O G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
d Acting Director
Division of Water Quality
February 19, 2002
Mr. Richard Everhart
District Conservationist
Dobson Field Office
PO Box 218
Dobson, NC 27017
SUBJECT: Request for Correspondence
Stephens Dairy, #86-23
Surry County
Dear Dick,
As you are aware, the NC Division of Water Quality continues to have serious concerns regarding the
animal waste management practices at the Stephens Dairy. In fact, two civil penalty assessments, totaling
almost $10,000, have already been issued by our Central Office.
In an effort to more fully understand the compliance efforts initiated by the Stephens Dairy, our office is
requesting copies of any recent correspondence (last two years) between your office and Mr. Keith Stephens
regarding animal waste management, expansion, and any waste management plan revisions.
As always, thanks for your assistance. Please let me know if you or your office requires additional
information regarding this matter.
Sincerely,
Melissa Rosebrock
Environmental Specialist
Winston-Salem Regional Office
cc: DWQ Non -Discharge Compliance and Enforcement Unit
VSRO_Facility_Files
Central Files
PA
N 6IN7A
Customer Service Division of Water Quality / Water Quality Section �1
1 800 858-0368 585 Waughtown Street Winston-Salem, NC 27107 (p I
Phone: [phone] Fax: [phone] Internet: hftp://wq.ehnr.state.nc.us /

Keith Stephens check
Subject: Keith Stephens check
Date: Mon, 18 Feb 2002 15:45:27 -0500
From: Steve Lewis <[e-mail]>
To: Melissa Rosebrock <[e-mail]>
Only one check received - bookkeeping error - mixed up checks from his
farm and another farm. Sent the second receipt to clarify. I spoke to
Tally Stephens about it last week.
1 of 1 2/18/2002 4:06 PM

,,. W A T
�Q �p Michael F. Easley, Governor
`Q G William G. Ross Jr., Secretary
�? r North Carolina Department of Environment and Natural Resources
O Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Sheriff Connie Watson
Surry County Sheriff's Office
210 North Main Street
Dobson, N.C. 27017
SUBJECT- NOTICE OF SERVICE
Keith Stephens
Dear Sheriff Watson:
Please serve the attached Notice of Violation as follows:
Keith Stephens
Stephens Dairy
140 Lakeview Drive
State Road, NC 28676
February 11, 2001
FEB i' 2�ti2
winstOfi-sale'VO-1
.regional ofle".9 '
9
m
m
w
It is our understanding that because we are a State agency, no fee is required for this W
E.
service. We would appreciate your returning the completed Return of Service form in the return ,
envelope provided herein.
The Water Quality Section appreciates this assistance from your department.
If you should have any questions or require additional information, please contact Melissa
Rosebrock at [phone].
Sincerely,
Larry D. Coble
Water Quality Supervisor
MR/vm
Attachments
WSRO
AA
Customer Service Division of Water Quality / Water Quality Section
1 800 858-0368 585 Waughtown Street Winston-Salem, NC 27107
1` Phone: [phone] Fax: [phone] Internet: hftp://wq.ehnr.state.ne.us

RETURN OF SERVICE
I certis NOTICE OF SERVICE was received on the Day of
�`��•� ,200;,�and together with the Civil Penalty Assessment was served as follows:
-e-iZ&4­e c&-- on the /K day of 2�! ,
200Aat the following place: 140 24, S ,o N 2OMP,
(Fill in address where copy delivered)
By:
(Sere ng Offic )
Check one of the following:
Personally delivering copies to the named individual;
p
Left with , who is a person of suitable age discretion and
who resides in the named individual's dwelling house or place of business. N
If not served on the named individual, state reason:
(Sheriff Signature)
Fee $: Waived State Agency)
Please return this form to:
Surry County Sheriff,
Paid by: NIA
NC Dept. Of Environment and Natural Resources
Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107-2241
(Date)
m
m
-a
w
:p.
N
K
0�_13

Y.Y
State of North State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
MR KEITH STEPHENS
STEPHENS' DAIRY
140 LAKEVIEW ROAD
STATE ROAD NC 28676
Dear Mr. Stephens:
0
A41*
D E N R
February 12, 2002
Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # PC 01-013 & PC 01-027
Farm # 86-23
Surry County
SUBJECT:
This letter is to acknowledge receipt of check #2699 for $408.88 was received on
February 1, 2002.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
Sincerely,
jmmxWti
�eff Poupart, Supervisor
Nan -Discharge Compliance/Enforcernent
SLJtw
C Winston-Salem Regional Office
Enforcement Files PC 01-013 & PC 01-027
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

_.r
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES
FAX TRANSMITTAL
Water Quality Section
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, N.C. 27107
Phone: [phone]
TO
FAX NUMBER:
I a 601 U"
DATE:
a,-// *3 /o a --
Number of pages (including cover page):
Fax: [phone]
5

ft
•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
RECEIVIED
N.C. Dept. of EHNR
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
Dear Mr. Stephens:
FEB 13 2002
�it�S'(Cn f7c"1j'
1r?11'WA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Request for Show Cause Hearing
Stephens Dairy
Farm # 86-23
Surry County
Based on Stephens Dairy's extended history of noncompliance with your Certified Animal Waste
Management Plan (CAWMP), you are hereby requested to appear for a Show Cause Hearing. The
purpose of this hearing is for you to have the opportunity to provide information as to why the
Division of Water Quality (DWQ) should not pursue an injunction to require you to reduce your herd
size to 250 animals as specified by your CAWMP.
The hearing will be held on Tuesday, February 26, 2002 at 11:00 AM in Raleigh at the Division
of Water Quality in the Archdale Building, 512 N. Salisbury St. (directions attached). The hearing
will be in the a Floor Conference Room, Room 640B. In addition to DWQ staff, a lawyer from the
North Carolina Attorney General's Office will be present. You may have your attorney present if
you wish. Failure to appear at the hearing will result in an injunction being filed automatically.
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #5 2-01 -01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10`7o post -consumer paper
http.11h2o. enr.state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

III
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print -your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the maiipiece,
or on the front if space permits.
1. Article Addressed to:
Mr KeithS �hens
1140 Lakeview Drive
State Road NC 28676
A. Signature
I El Agent
X e, lz S1h 4 /LS ❑ Addressee
B. R[ec 'Ved/by Prfn d ame} C. Date of Delivery
D. Is delivery address diff6ront from Item 1? ❑ Yes
11 YES, enter delivery address below: ❑ No
3. Se Ice Type
rtified Mail ❑ Express Mail
Registered Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.Q.
4. Restricted Delivery? (Extra Fee} ❑ Yes
2. Article Number
(Transfer from service 1&6 070117 '3 9oa eov63 d 3 73 3 —' Q V I
PS Form 3811, August 2001 Domestic Return Receipt 102595-01A4-2509

•
•
Nothing in this letter shall relieve you of your responsibility to comply with applicable law,
including, but not limited to, State and Federal environmental laws, rules, and regulations. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty. Please contact Steve Lewis at [phone], ext. 539 or Linda Fitzpatrick at (919) 733-
5483, ext. 526 if you have any questions regarding this hearing.
Sincerely
Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
Water Quality Section
cc: Anita LeVeaux, AGO
Gregory J. Thorpe, DWQ
Co Winston-Salem Regional Supervisor
Melissa Rosebrock, WSRO
Farm File #86-23
Central Files
Public Information Officer

W A rFq�
U ,C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
February 11, 2001
Sheriff Connie Watson
Surry County Sheriff s Office
210 North Main Street
Dobson, N.C. 27017
SUBJECT: NOTICE OF SERVICE
Keith Stephens
Dear Sheriff Watson:
Please serve the attached Notice of Violation as follows:
Keith Stephens
Stephens Dairy
140 Lakeview Drive
State Road, NC 28676
1t is our understanding that because we are a State agency, no fee is required for this
service. We would appreciate your returning the completed Return of Service form in the return
envelope provided herein.
The Water Quality Section appreciates this assistance from your department.
If you should have any questions or require additional information, please contact Melissa
Rosebrock at [phone].
MR/vm
Attachments
G*h
DEW
Customer Service
1 800 858-0368
WSRO
Sincerely,
Larry D. Coble
Water Quality Supervisor
Division of Water Quality / Water Quality Section
585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr.state.nc.us

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the Day of
12001, and together with the Civil Penalty Assessment was served as follows:
on the day of ,
2001, at the following place:
(Fill in address where copy delivered)
(Serving Officer)
Check one of the following:
Personally delivering copies to the named individual;
Left with , who is a person of suitable age discretion and
who resides in the named individual's dwelling house or place of business.
If not served on the named individual, state reason:
Surry County Sheriff,
(Sheriff Signature) (Date)
Fee $: Waived State Agency) Paid by: NIA
Please return this form to:
NC Dept. Of Environment'and Natural Resources
Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107-2241

`02/11/2002 09:43 919-733-0059 NON -DISCHARGE COMP PAGE 02
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT
Dear Mr. Stephens:
r••
NCDEN
NORTH CAROL-INA DFFARTMENT OF
ENVIRONMENT AND NATURAL REgpURCES
)February 11, 2002
CERTIFIED MAX[..
RETURN RECEIPT REQUESTED
Request for Show Cause Rearing
Stephens Dairy
Farm # 86-23
Surry County
Based on Stephens Dairy's extended history of noncompliance with your Certified Animal "Waste
Management plan (CAWMP), you are hereby requested to appear for a Show Cause Hearing. The
purpose of this hearing is for you to have the opportunity to provide information as to why the
Division of Water Quality (DWQ) should not pursue an injunctions to require you to reduce your herd
size to 250 animals as specified by your CAWMP.
The hearing will be held on Tuesday, February'26, 2002 at 11:00 AM in Raleigh at the Division
of Water Quality in the Archdale Building, 512 N. Salisbury St. (directions attached). The hearing
will be in the 6`h Floor Conference Room, Room 640)3_ In addition to DWQ staff, a lawyer from the
North Carolina .Attorney General's Office will be present. You may have your attorney present if
you wish. Failure to appear at the hearing will result in an injunction being filed automatically.
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity 1Affirmative Action Employer
SO% recycled/ 10% post -consumer paper
http: //h2 o. enr. stare-nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

02/11/2002 09:43 919-7#59 NON -DISCHARGE COMP PAGE 03�
Nothing in this letter shall relieve you of your responsibility to comply with applicable law,
including, but not limited to, State and Federal environmental laws, rules, and regulations. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty. Please contact Steve Lewis at [phone], ext. 539 or Linda Fitzpatrick at (919) 733-
5083, ext. 526 if you have any questions regarding this hearing.
Sincerely
Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
Water Quality Section
cc: Anita LeVeaux, AGO
Gregory J. Thorpe, DWQ
Larry Coble, Winston-Salem Regional Supervisor
Melissa Rosebrock, WSRO
Farm File #86-23
Central Files
Public Information Officer

State of North Stoof North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
MR KEITH STEPHEN
STEPHENS DAIRY
140 LAKEVIEW ROAD
STATE ROAD NC 28676
Dear Mr. Stephen:
D E N R
February 7, 2002
N.C. Daipt. Of L, 71
FED f 1 cOuz
K4 al office
SUBJECT: Acknowledgment receipt letter
Civil Penalty Assessment of Violation
Case # PC 01-013 & pc 01-027
Farm # 86-23
Surry County
This letter is to acknowledge receipt of check #. 2699 for $408.88 was received
on January 31, 2002.
Payment of these penalties in no way precludes further action by this Division
for future violations of the State's environmental laws.
If you have any questions about this letter please call Steve Lewis at (919) 733-
5083 ext. 539.
Sincerely, ,
kdal
Jeff Poupart, Supervisor
Non -Discharge Compliance/Enforcement
SL/tw
cc: Winston-Salem Regional Office
Enforcement Files PC 01-013 & PC 01-027
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617Telephone [phone]FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

r.
G'r Ar
p • Michael F. Easley, Governor
William G. Ross Jr., Secretary
f7 North Carolina Department of Environment and Natural Resources
> Gregory J. Thorpe, Ph.D.
a 'C Acting Director
Division of Water Quality
Division of Water Qu ity
February 4, 2002
CERTIFIED MAIL 7099 3400 0006 9313 7335
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Compliance Inspection
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This letter is to summarize the violations observed during a compliance inspection performed at your
dairy facility on January 16, 2002. Both Division of Water Quality (DWQ) and Surry County Soil and Water
Conservation District (SWCD) staff were present. A "Final Notes" copy of the compliance inspection form is
attached for your reference.
1. On the date of the compliance inspection, Staff counted at least 500 confined cattle at the dairy.
Since the dairy is only certified for 250, you are again, in continued violation of your Certified
Animal Waste Management Plan (CAWMP),, deemed permit, and NCGS 143-215.1. Our
records also indicate that you were previously assessed for exceeding the number of animals
specified in the CAWMP (June and November 2001).
2. Feed and bedding waste containing animal manure was also observed to be entering a freshwater,
surface drain near the sick cow barn and discharging onto an exterior lot. While the discharge of
unpermitted waste has not yet reached an unnamed tributary to the Mitchell River (Class C waters),
the situation allows for a continued potential, particularly during rain events. The discharge of feed
and bedding containing animal waste is a continued violation of your CAWMP that was
previously cited in a Notice. of Violation/Notice of Intent to Enforce (March 21, 2001).
Additionally, several sections of curbing around the larger freestall barns also needs to be repaired or
replaced in order to keep waste from entering other freshwater drains.
3. Fields below the calf hutches, which received waste in November, still have no crop available to
utilize the nutrients. Failure to "apply waste to a growing crop or to bare ground more than 30
days prior to planting" is a violation of your CAWMP. On the date of inspection it was noted
that waste had recently been overapplied on one of the fields mentioned above. In particular, a four
to five inch layer of waste was observed on the pasture area near the draw to an unnamed tributary to
the Mitchell River. As discussed during the inspection, there is a potential for the waste to run off
and enter surface water during rain events. Over application of waste is another violation of your
CAWMP.
dNOR
aw
E
Customer Service
1 800 858-0368
Division of Water Quality -/ Water Quality Section
585 Waughtown Street Winston-Salem, NC 27107 �� 30
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr.state.nc.us

Stephens Dairy
February 4, 2002
Page 2
4. The waste storage pond still has areas that need to be repaired and permanent vegetation re-
established. In particular, the areas of the waste pond between the sick cow and freestall barns and
the "parlor pipe clean -out area" still need extensive work, including grading and re -vegetating. Our
records show that you were previously assessed for this violation (June 2001).
5. An annual soil analysis was not obtained for any fields receiving animal waste in 2001. Further, a
waste analysis was not obtained within 60 days for the October 2001 waste application events,
either. Failure to make records available upon request is a continued violation of your
CAWMP. Again, our records show that you were previously assessed for this violation (June
2001).
6. The current CAWMP does not include the waste from the additional cattle and new freestall bam.
This needs to be revised. The current CAWMP includes a checklist for burial as the only method of
mortality disposal. Since mortality is pick-up and taken to a rendering facility, this needs to be
revised in your CAWMP as well. Failure to abide by. your CAWMP is a violation.
The Winston-Salem Regional Office is considering recommending yet another enforcement action
against you for the above referenced violations. If you have justification that these violations are caused by
circumstances beyond your control, or you have an explanation that you wish to present, please respond in
writing within fifteen (15) days following receipt of this notice. The Winston-Salem Regional Office will
review your response and forward it to the Water Quality Section Chief with the enforcement package. In the
absence of any justification, the Regional Office will recommend that an enforcement action be taken against
your facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000
per day per 'violation as well as criminal penalties for violations of state environmental laws and
regulations.
Please address your response to my attention at the address shown on the letterhead. If you have any
questions concerning these matters, please contact Melissa Rosebrock or me at [phone].
Sincerely,
Larry D.
Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer — DSWCD WSRO
' WSROTacilityF'iles-
Central Files

T Division of Water Quality'
ivision of Soil and Water Conservation
ther Agency
Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason far Visit *Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 86 23 Date of'Visit: 1/16/2002 Time: 0945
Q Not Operational Q Below Threshold
Permitted ® Certified 0 Conditionally Certified 13 Registered Date Last Operated or Above Threshold:....... ..................
FarmName: Stli=A�! iN.Daiu'.Y......,.......................................................................... ............ County: SL1rry.............................................. .... W$RQ........
Owner Name: Kcilh....................................... ► 1epj1.eM........................I.,.......................... Phone No: � .C�. Cyr. �7�Q..........................................
Mailing Address: t40.Lahr~...ip.w. Ddyc........................................................................... S.tAtg..RQad..NC.................................................... 28.67.6 .............
Facility Contact: .............................................. Title:................................................................ Phone No: 33.&9Qj,.02Q2........................
Onsite Representative: XcAth.51cphttm ....................... Integrator:
.........................................................................................................................................
Certified Operator: Kekh.L ............................ ...... sUghm .......................................... Operator Certification Number:,Z48.32 .............................
Location of Farm:
3wy. 21 North of Elkin to Popular Springs Rd. Turn right on Fax Welborn Rd. off of Popular Springs Rd., turn left after A
)ridge and follow to the end. w
❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude 36 ` 17 Longitude 80 ' 48& F -4-87 Lf
Design Current
Swine Capacity Population
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current-,-,.- : r = Design", -. Current
Poultry Capacity Population - Cattle Capacity Population
❑ Layer ® Dairy 1 250 1500
❑ Non -Layer I I ❑ Non -Dairy
❑ Other
Total Design Capacity 250
Total SSLW 350,000
i,
Number of Lagoons 0 "' " ❑ Subsurface Drains Present ❑ Lagoon Arca ❑ Spray Field Area
Holding Ponds / Solid Traps I ❑ No Liquid Waste Management System
Discharges 8 Stream Impacts
1. is any discharge observed from any part of the operation? ❑ Yes, ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If dischari-,e is observed. was the conveyance man-made? ❑ Yes ❑ No
h. If dischan_�e is observed. did it reach Water of the State? (If yes. notify DWQ) ❑yes ❑ No
c. If dischar,*e is observed. what is the estimated flow in urallmin?
d. Does discharge hvpass a lu�_,00n system•! (lf've5. notify DWQ)
2. is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge.
[Vasty Collection & Treatment
4. is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure 5
lti� n t i l i c r: ......A'asie.P.ond......................................... .................................... ................................... ..
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
Structure 6
Freeboard i inches is 42
05103101
Continued

Facility Number: 86-23 Date of Inspection 1/16/2002
5. Are there any immediate threats to tstegrity of any of the structures observed? (ies, severe erosion,
Oepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4.6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste l' ati n
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type Rye (Graze) Sudex (Hay) Sudex (Graze)
❑ Yes
®'No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
❑ Yes
® No
❑ Yes
® No
® Yes
❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ® Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ® No
c) This facility is pended for a wettable acre determination? ❑ Yes ® No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
ReQuired RecordsDocuments
17, Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) 1
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
® Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
[3 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Comunents (refer�to ti a°#). xpWn,any YES answers an or any mmen tFi
�oer,mmeneld Copy ®Final Notes
3. Still getting waste into surface water drain. Discharge into and from freshwater pipe has not reached waters of the State, yet.
_
6. The current CAWMP does not include waste from the new freestall barn and the additional cattle onsite at this time.
7. Area on waste storage pond (next to parlor barn) still needs to be repaired where pipe from parlor is cleaned out.
8. Curbing around barns needs to be repaired/replaced to keep waste out of surface water drains.
11. Layer of waste, 4-5" thick, was noted on pasture at draw to creek. There is the potential for waste to run off and enter waters of the
State during rain events. Per operator, this area is to be scraped and excess waste removed today.
14a. The current CAWMP does not include enough acreage for the number of cattle at this facility.
15. Fields below the calf hutches that received waste in November 2001 still have no crop to utilize nutrients. Was sown in rve last
Reviewer/Inspector Name Melissa Rosebrock .
Reviewer/Inspector Signature Date:
05103101
L IV
Continued

Facility Number: 86-23 I)atc of Inspection 1/16/2002
Mor titiZbe
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours?
28, Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) -
3l. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
15. (continued) week, per operator.
17. and 22. Not permitted, yet.
19. Need to update mortality checklist to include rendering.
Per operator, soil samples have been taken for 2002 but results are not back, yet.
No soil analysis was obtained for 2001.
No waste analysis was obtained within 60 days of October 2001 waste application events. Other applicationevents were ok.
25. Facility is still operating above the certified number of cattle for this facility.
Per operator, the WUP is currently being revised for 725 cattle and that the current waste storage pond will be expanded or
another one built for the additional cattle.
26., 29., 31., and 32. Questions are not applicable to this facility.
J
05103101

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
Mr. Keith Stephens
140 Lakeview Road
State Road, NC 28676
Dear Mr. Stephens:
4 •
r. 0000Adnbwd�6j
NCDENR
NORTm CARoumA DEPARTM+Ev yoF;
ENv1RoWMENT AND N/TURAL R�90UReESIi ED
January 22, 2002 N.C. Dept. of ENR
JAN 2 5 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED)ffiCO
RE: Payment Schedule for Civil Penalty
Cases PC 01-013 and PC 01-027
Farm #86-23
Surry County
You have requested a schedule for making partial payments toward the total civil penalties
of $9,908.90 that were assessed by the Division of Water Quality on June 15 and December 12,
2001. The Division is agreeable to a twenty-four (24) month payment schedule beginning on
February 1, 2002 and continuing to January 1, 2004. There are twenty-three (23) payments of four
hundred twelve dollars and eighty-seven cents ($412.87) beginning on February 1, 2002 and one
final payment of four hundred twelve dollars and eighty-nine cents (S412.89).
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 1st
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.
iVailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
Air Equal Opportunity /Af rivative Action Employer
5090 recycled / 10% post -consumer paper
http://h2o.enr.state.tic. us
Location:
512 N. Salisbury St,
Raleigh, NC 27699-1617

Mail your payments to the address shown below to make sure that they are properly
recorded.
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
1f you have any questions, please call Mr. Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
Gregory I Thorpe, Ph.D.
Acting Director, Division of Water Quality
cc: Larry Coble, Winston-Salem Regional Supervisor w/o attachment
M�lissa_Rosebr ck, WSRO w/o attachment
File PC 0 1-0 13 w/ attachment
File PC 01-027 w/ attachment
Central Files w/o attachment

[Fwd: [Fwd: Keith Stevens]]
Melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
Subject: Keith Stevens
Date: Thu, 31 Jan 2002 18:04:26 -0500
From: Daphne Cartner <[e-mail]>
Organization: NC DENR Soil and Water Conservation
To: Melissa Rosebrock <Melissa. Rosebrock @ nc mail. net>
CC: Greg Goings <[e-mail]>,
Tommy Burchette <[e-mail]>
Melissa,
We went to Keith's farm on Tuesday to look at possible expansion of the
existing waste storage pond. In doing so 2 items came up.
1. Someone has set up a mobile home within 750-ft of the existing waste
storage pond. The NRCS standard allows for a variance of the 750-ft if
the owner of the home will sign a notarized statement agreeing to the
expansion that close to his home and the Assistant State Conservationist
for Field Operations must agree to it. If Keith can get this variance
through NRCS, will DWQ allow the expansion of the waste storage pond?
2. Once an agreement to the type of additional waste storage (either
expand the existing or construct a new wsp), it is my understanding that
an application for a permit to construct has to be summitted once the
design is complete. What needs to be in that package? I assume that
the farmer submits it. What type of review fees will need to be
included? Is there other pertinent information that we need to be aware
of in completing the design?
Thanks,
Daphne
Sue Homewood <[e-mail]>
Environmental Engineer
Division of Water Quality
2 of 3 .2/1/2002 10:54 AM

[Fwd: [Fwd: Keith Stevens]]
Subject: [Fwd: [Fwd: Keith Stevens]]
Date: Fri, 01 Feb 2002 10:53:07 -0500
From: Melissa Rosebrock <Melissa.Rosebrock @ncmail.net>
Organization: NC DENR Winston Salem Regional Office
To: Daphne Cartner <Daphne.Cartner@ncmail. net>
CC: Larry Coble <Larry.Coble @ nc mail. net>
Daphne, here's the website (scroll down to animal section) for the application Keith needs to submit prior
to expansion (see Sue's email below). You may give him a copy or I can send one, or Tony can download
the application and he can pick it up from their office. Whatever works best for Keith. After he has
completed the form for new or expanding operations I will complete the classification part (his facility
would discharge to an UT to Mitchell River, Class C waters of the State).
Let me know if you need anything else or have other questions.
Melissa
http://h2o.enr.state.ne.us/ndpu/ndpuapps.htm]
Subject: Re: [Fwd: Keith Stevens]
Date: Fri, 01 Feb 2002 10:21:12 -0500
From: Sue Homewood <[e-mail]>
Organization: DWQ
To: Melissa Rosebrock <[e-mail]>
melissa,
yes we would allow a variance if they get a notarized waiver.
they have to apply for a modification to their current permit before they can expand. the permit application
is on our website (one for New and Expanding systems). it will list all that they need to submit. there is no
fee.
hope that helps, its short because you are so good at understanding and catching on, but if you need more
info just ask.
41N
Melissa Rosebrock wrote:
Sue,
In response to Daphne's email regarding dairy expansion..... am I correct in saying that as long as the wsp
is at least 100 feet from a stream it is ok with us?
Also, we haven't had an expansion since I've been here so could you update me on the "permit to
construct" situation (question #2 in her email)?
Thank you ... again.
of 3 2/1/2002 10:54 AM

Stephens #86-23
Sub.iect; Stephens #86-23
w-a-. T..- nO Tom.. 01A^03 4A r-01OR ^Ron
VYlri• I VG, VV %JiMI LVVL iT�J{J.JJ -V.J V
From: Melissa Rosebrock [e-mail]>
Organization: NC DENR Winston Salem Regional Office
To: Steve Lewls cSIGYG.4G fJ@Ii�.1l+ail.rlGt�
CC: Larry Coble <[e-mail]>
Hey Steve, we need to follow-up on a couple of items regarding this facility:
1. Did you ever receive notice that the civil penalty assessment ($4,4, &.44) signed
11/29/01 was served by the Surry county sherriff? We have received no information
here.
2. Where are we regarding the request for injunctive relief that the WSRO sent up
9/28/01?
Thanks.
Melissa
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX; [phone]
1 of 1 1/15/2002 4:21 PM

•
•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
F-- C 1, F D
DEC 8 2ool Aq
00
..won
U.&I s'kc 0 t -'D "1') 1, 1)
Michael F. Easley, Governor 1 1 { o� f i C. � D � N ■
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROUNA DEPARTMENT of
ENVIRONMENT AND NarURAL RF-SoURcE5
December 12, 2001
Mr. Keith Stephens CERTIFIED MAIL
140 Lakeview Drive RETURN RECEIPT REQUESTED
State Road, NC 28676
SUBJECT: Assessment of Civil Penalties for
Violation of N.C.G.S. 143-215.1
Farm # 86-23
Surry County
File No. PC 01-027
Dear Mr. Stephens:
This letter transmits notice of a civil penalty assessed against Stephens Dairy in the
amount of $4,472.44 which includes $472.44 in investigative costs. Attached is a copy of the
assessment document explaining this penalty. 4
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 penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
,Mailing Address: Telephone (9I9) 733-5083
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative .Action Employer
50% recti sled/ 10% post-consutner paper
http://7z2o. enr.state.nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North .Carolina 27699-1617
OR
2. ,Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the _assessment
letter. 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 that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

0 0 1
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center'
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincere ,
Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
ATTACHMENTS
cc: Larry Coble, Winston-Salem Regional Supervisor w/ attachments
?*lissa:Rosebi-och WSRO w/ attachments
File # PC 01-027 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. N/A ) STIPULATION OF FACTS
FILE NO. PC 01-027
Having been assessed civil penalties totaling $4,472; 44
for violation(s) as set forth in the assessment document of the Division of Water Quality dated,
„November 29, 2001 , 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.
This the day of , 2001.
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SURRY
File No. PC 01-027
IN THE MATTER OF )
KEITH STEPHENS )
FINDINGS AND DECISION
FOR VIOLATION OF N.C.G.S 143-215.1 ) AND ASSESSMENT OF
AND 15A NCAC 2H .0217 ) CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water, Quality, I, Dennis
R. Ramsey, Assistant Chief of the Non -Discharge Branch of the Water Quality Section of the
Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Keith Stephens owns and operates Stephens Dairy in Surry County.
B. The Stephens Dairy was deemed permitted as a nondischarge facility on February
1, 1993 in accordance with 15A NCAC 2H .0217. An approved animal waste
management plan is required by 15A NCAC 2H ,0217 as a condition of being
deemed permitted.
C. The approved animal waste management plan certification for Stephens Dairy was
received by DWQ on May 17, 1999. The certified animal waste management plan
(CAWMP) states that the design of the waste collection, storage, and treatment
system at the facility is adequate for an animal population of 250 dairy cattle.
D. On May 10, 2001, DWQ staff inspected the Stephens Dairy in response to a
complaint. Staff counted a minimum of 464 cattle at the facility. Milk production
records showed daily milk production to be increased approximately 1000 pounds
since March 2001.
E. A waste utilization plan (WUP) is a required component of an animal waste
management plan in accordance with G.S. 143-215.10C(e).
F. The cost to the State of the enforcement procedures in this matter totaled $472.44.

•
•
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Keith Stephens is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. As defined at 15A NCAC 2H .0203(12), deemed permitted means that a facility is
considered as having a needed permit and being compliant with the permitting
requirements of G. S. 143-215.1(a) even though it has not received an individual
permit for its construction or operation.
D. The above -cited instance of exceeding the number of animals specified by the
CAWMP is a violation of the 15A NCAC 2H .0217 non -discharge deemed permit
and G.S. 143-215.1.
E. Keith Stephens may be assessed civil penalties 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 may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Keith
Stephens pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Assistant Chief of the Non -Discharge Branch of the Water Quality 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, Keith Stephens is hereby assessed a civil penalty of:
$ pOO, D for violation of 15A NCAC 2H .0217 and G.S. 143-215.1
by exceeding the number of animals specified in the
CAWMP.
$ 472.44 Enforcement costs
/'
$ • `� y�z 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. I (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 for the enforcement procedures.
--Z9-o /
(Date) Dennis R. Ramsey, P.E.
Assistant Chief
Non -Discharge Branch
Water Quality Section
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF SURRY
•
DEPARTMENT OF ENVIRONL N[ENT
AND NATURAL RESOURCES
FILE # PC 01-027
NOTICE OF SERVICE
IN THE MATTER OF )
KEITH STEPHENS )
TO: SURRY COUNTY SHERIFF'S OFFICE
POST OFFICE BOX 827
DOBSON, NC 27017
YOU ARE HEREBY REQUESTED to serve the attached Letter in the above entitled
action on the individual listed below:
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
Directions: Not available
This the 12th day of December , 2001.
By:
':�a" e. ��-
Steven C. Lewis
Environmental Specialist
NC Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
RaieiBh, NC 27699-16I7
[phone] ext. 539

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
NUchael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
December 12, 2001
Surry County Sheriff s Office
Attn: Ms. Freddie Stanley
Post Office Box 827
Dobson, NC 27017
SUBJECT: NOTICE OF SERVICE
Keith Stephens
Dear Ms. Stanley,
JWAk
1EL
• •
NCDENR
WoRrH CARoumA DePARTme r oR
ENVIRcj4mz r AND NA;rURAL PX-MOURCES
At your earliest convenience, please serve the attached documents on:
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
It is our understanding that because we are a State agency, no fee is required for this service.
We would appreciate your returning the completed Return of Service form in the return
envelope.
The Division of Water Quality appreciates this assistance from your department. If you have
any questions or need additional information, please contact me at [phone], extension
539.
Sincerely,
Steve Lewis
cc: Melissa Rosebrock, WSRO
File # PC 01-027
Mading Address: Telephone [phone] Location.
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-0I Raleigh, NC 27699-I617
An Equal Opportunity /Affirmath-e Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. enr. state. nc. us

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the
and together with the document(s) was served as follows:
Date Served:
Designated Recipient: Mr. Keith Stephens
Place of Service: 140 Lakeview Drive
(fill in address) State Road. NC 28676
By:
(Serving Officer)
Check one of the following:
day of , 2001
By personally delivering copies to the named individual
By leaving copies of the Notice of Service and original Ietter at the named
individual's dwelling, house or place of business with a person of suitable age
and discretion then residing therein. Name the person with whom the copies'
were left:
If not served on the named individual, state reason:
Surry County Sheriff
(Sheriff Signature)
Service Fee Paid Waived State agencvl Paid By N/A
Please return this form to:
Steve Lewis
Div, of Water Quality
1617 Hail Service Center
Raleigh, NC 27699-1617
(Date)

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
September 28, 2001
MEMORANDUM:
To: Greg Thorpe
From: Larry D. Coble
Melissa Rosebrock
Subject: Request for Injunctive Relief
Stephens Dairy #86-23
Surry County
Please find below, a timeline of events outlining a long history of willfull noncompliance
and lack of cooperation by the Stephens Dairy in meeting the requirements of their Certified
Animal Waste Management Plan (CAWMP) and deemed permit. The Winston-Salem Regional
Office's request of a "complaint for injunctive relief' against the Stephens Dairy is based on the
most recent site visit conducted September 17, 2001 which again documents that this facility is
operating above cattle numbers specified in the CAWMP for the fourth time this year. Please
note also, that at each visit, the cattle numbers were documented to be increasing.
Timeline of Non -Compliance:
1997 (November) - DWQ NOD issued for inadequate freeboard and poor condition of storage
pond.
1998 (February) - DWQ NOV issued for zero inches of freeboard.
1998 (November) - DWQ NOV/NOI issued for exceeding the (then) certified number of 150.
Regional office investigates and reports that there are 240 animals on site. Operation is also
found to not have a CAWMP or a certified operator. Dam is found to be denuded and eroding.
1999 (March) — Facility is certified for 250 cattle.
1999 (November) - DWQ NOV issued for Invalid Operator's Certification. Operator is also
warned to obtain a revised CAWMP prior to stocking additional animals.
2000 (April) - DWQ NOV issued for failure to keep adequate waste, application, and soil
records. Operator is also notified of violations involving run-off of waste and soil from concrete
and exterior lots; erosion of storage pond dam; lack of maximum liquid marker; and poor stock
trail conditions. Response to DWQ "10-day letter" not received until June 15, 2000.
2000 (May) - DWQ/NOI issued for inadequate response to April 2000 NOV. Operator is also
told that the exterior lot is a violation of his CAWMP. This correspondence reiterates violations
involving lack of soil, waste, and application records. Problems with the stock trail, condition of
the dam, and exterior lot run-off are also noted. Operator is again told to install a maximum
liquid marker.
�'zy �l

0, 0
Request for Injunctive Relief
Stephens Dairy
Page 2 1
2001 (March) - DWQ NOVINOI issued for exceeding certified numbers, again. March V
inspection documented 271 cattle while the inspection performed March 13" verified 380 cattle.
Previously mentioned violations (see above) are noted in the NOV/NOI. An additional source of
unpermitted discharge is also noted. Operator has still not taken any of the required soil or waste
analyses.
2001 (May) — This facility is inspected again as a result of a complaint regarding the
overapplication of animal waste. No overapplication of waste is noted, but the facility is found to
be operating with 464 cattle on site. Milk production records also showed daily milk production
to be increased approximately 1000 pounds since March 2001. DWQ NOV/NOI is issued for
exceeding certified numbers once again.
2001 (June) — DWQ issues an assessment of a civil penalty against Stephens Dairy in the amount
of $5,436.46 for violations noted in March 2001 DWQ NOV/NOI. Payment is due August 1,
2001.
2001 (July) — WSRO submits a request for another civil penalty assessment for violation of
certified cattle numbers noted in May 2001 DWQ NOVINOI. To date, this assessment request
has not yet been considered by the Director.
2001 (August) — Payment for June 2001 civil penalty assessment is not submitted by violator.
2001 (September) — Division of Soil and Water Conservation (DSWC) performs operational
review. DSWC notifies WSRO that facility has again increased the animal population to 518,
which is more than double the currently certified number of 250 cattle for this facility.
The Winston-Salem Regional Office considers this facility to be a continuing threat to the
environment. Specifically, the operator of the Stephens Dairy has failed to obtain acceptable
lease agreements for enough land onto which to apply animal waste for more than 250 cattle.
Additionally, the existing waste storage pond was designed for a maximum of 250 cattle with
only a 120-day storage capacity. As we enter into the winter months in the Winston-Salem
Region, this facility's lack of storage capacity and application sites will become even more
critical.
We have continued to assess this facility with no acceptable response. The WSRO
believes that injunctive relief is now needed in dealing with this facility. We have also spoken
with Steve Lewis and Jeff Poupart and they have both suggested that we pursue this situation
through legal channels. Additionally, we have also spoken with council (Anita LeVeaux) and she
is in agreement that injunctive relief is now necessary in order to assure that this facility de-
populates to certified cattle numbers (250). We request that you immediately initiate appropriate
action from your office and forward this package to the Attorney General's Office,
Environmental Division, with a request for injunctive relief.

Request for Injunctive Relief
Stephens Dairy
Page 3
The following items are also being transmitted for your review:
A) Two copies of the most recent inspection (Operational Review performed by
the Soil and Water Conservation District).
B) Photographs depicting newly built freestall barns.
Please contact Melissa Rosebrock in our office at [phone] x265 for any additional
information you may need.
Attachments
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Wins on_Salem Reg�orial_Off cl e FaciiityRiles::
Central Files

Type of Visit "r O Compliance Inspection *Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other 0 Denied Access
Facility Number 85 23 Date of Visit: 9/17l20U1 Time: 13:OU Printed on: 9/27/2001
O Not Operational Q Below Threshold
13 Permitted ® Certified [3 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: .........................
Farm Name: SUAlaemsDa]tt'.y..............................................................................................County: S .11xx3:.................................................... Q........
Owner Name. Aft;iilix....................................... Stephim.................................................. ... Phone No:(3().468-216.4...................................
Mailing Address: 3145.>hut~kSh pis-Rud................................................................... Uz 10M.G.Kan....NK............................................... MOO .............
Facility Contact: ................. Title: ................ Phone No:...................................................
Onsite Representative: ..Chrb.,(be.d5mAW................................. ... Integrator:...... ...................
Certified Operator:Rdth....................................... S.t.whelas .......................................... Operator Certification Number: Z4 ,,,,,.,.,,,,,,,.,,
Location of Farm:
Hwy. 21 North of Elkin to Popular Springs Rd. Turn right on Fax Welborn Rd. off of Popular Springs Rd., turn left after
de
j
bridge and follow to the end.
❑ Swine ❑ Poultry ® Cattle [I Horse Latitude 36 • 17 43 Longitude 811 • 48 • 48 •11
Curreint ° =°ems =;r, 'Desigtit {-jeCurrent n ;Design"'t:�:aCu'rrent
rSrWine �3 Y. iriiy YCa� acit wPo ulation r Poultry4r xi,.Ca acit� ' Po"emulation 'Cattle , ,' '
. _ ,Ca aci _ Po' tilatian
i* �5j?rS''�*t7 r�o•�s xic,i'�?+, 'x*�t��luurracsVYshU3.{{Ik
r; ❑ Other >�fi '34 ?yam Yi-i�X.F*
" "` b r �' r''4i�? -;•'TotalDesi Capacity 250
,i.+ry
350,00
i'. f
Erwur
�t`'"r ❑Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
ns yi
v[y ong Ponds /'Solid Traps 1 , t ❑ No Liquid Waste Management Systemrs,}cl
7 �r� -
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
❑ Layer
®Dairy 250
51$
❑ Non -Layer
'•�
❑Non -Dairy
Discharees _ Stream Impacts
I. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made'? ❑ Yes ❑ No
6. If discharge is observed, did it reach Water of the State'? (if yes. notify DWQ) ❑ Yes ❑ No
c. Ifdischarge is observed, what is the estimated flow in gal/min'?
d. Does discharge bypass a lagoon system'? (if yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ® Yes. ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: ................................... ..................... ...........................................................................................................................................................
Freeboard (inches): 22
05/03/01 Continued

Facility Number: 86-23
Date of Inspection 9/17/2001 Printed on:
9/27/2001
ti
5. Are there any immediate threats to the into
of any of the structures observed? (ie/ treesore erosion,
❑ Yes
® No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? ® Yes ❑ No
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ® Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ® Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ® No
Waste Application
10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No
12. Crop type Fescue (Hay)
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
Required -Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
® Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Coo e an o 0 it
r af�fa be exp am i d tt alp n') ❑ Field Copy ® Final Notes
2. Evidence of some discharge from piles of solid waste that are piled in a couple of areas outside the barns. Also, some evidence
small amount of discharge that spilled over concrete curbing.
6. The amount of waste from the new barns and additional cows is not accounted for in the current waste utilization plan.
7. Waste pond embankment needs to be mowed and weeds need to be killed for easy visual inspection and control of vectors.
8. Washing machine water needs to be routed to the waste pond. ( This is the washer for the milk room only).
18. Mr. Stephens was not present for the review and the waste utilization plan and records were not available for review. I called Mr.
Stephens the first week in September and left a message that I would be here today and to call and reschedule if today was not
onvenient. 1 also called and talked to his wife this a.m. to remind Mr. Stephens 1 would be here today. Cont. P. 3
p Name , .„�+ , 3
Reviewer/Inspector ' _ .� � ` `"
RockyD'urham ,- ,.. .E
Reviewer/Inspector Signature: Date:
05103101 Continued

y1Namber: 86-23 to of Inspection 9/17/2001
Printed on: 9/27/2001
Odor 1suck
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below
liquid level of lagoon or storage pond with no agitation?
27. Are there any "dead animals not disposed of properly within 24 hours?
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon?
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
31. Do the animals feed storage bins fail to have appropriate cover?
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
❑ Yes ❑ No
❑ Yes IN No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
21. Need to designate a operator in responsible charge far the facility. I left a designation form to send in to Raleigh.
# 25. Facility is still operating above the certified number of cattle for the facility. Cattle should be reduced to the original number
until the facility can be certified and the waste plan updated for the additional cattle. Received a NOV from the DWQ for this
violation last year and this year as well.
Questions were left blank that could not be answered due to no records being available during the review.
J
05103101

�1. •. j .- I� 1 (� fib /-�`t
�' R �J j''�'. L,v, �,a '�F'7.r,. S ��� )}.� i=�Y'3 ���r'•A i a- f�f� �1
�te$`n 7'-, •- _.ry �`�,•-_ � — 7 � � .. ja_ ` � _ , . • i'..-; : �. i : iaz.*+-7 ryes =� _

-
_ _ _ _ - .. - - _ . .��----�•,•'L�N:. me.µ-'"`.
f�{ru
' } T,wro.
�',Z
i' —. �;.'� _ , •e �. Ffw - - 'r ,-.. '��A��y '� '�`� ri Ta ,�'� FS•'#'... rS
�R
JS
V �� � �.7 - s X xL � �- .- 5 :;�,♦ s �3b'
m�'� � 1��� e�' �7� "'�'�f��"r=y �;,� �-• n - � � _ -� -
A-3 ,,, �r - F .r.4 " x�r,,��r^^t..+,�,'+2•cr 'stysY+r�s3;-fir �eg� -r, z
__ -.DES - � --�i� � - -"'� - _ jra r ...i,��•�r .,� �`•,n ti•g� � i� � �., Q.xs.r-- ;��.
rNFL
It
-
wat
�:r----�,y
z6a,
' LL _ � � _t sus- ^�� ; �a' .- �•� .
4 a .f
-
plo- YS
- -
r.
: .. -- tea." _. :.: -,. � -=fir. ^ �� - _ ' '_ _ •r.* - � ' �_ '-' � _
mil. �L -��-�.Y�'fi'i... aaZ.-:a 4�y_.^,y A4-
l8_. �-;....�•-'-r� �•� - �� ili�y
1� - -

!n ri 1 i•
i
[rj •d� x y � � N� n 41i �t _ t�� .1k �T[��(RY� ., �, . �Rj� ��
`F"; �i' t ..�.ap 1{IfII � �a.�,�` �S'�� M1Y i��•1 ��y. ,f i';i¢,5��. � /�}��l '-t:;�,..-�• _.-�.w i�:,-'r"'- �'

- � . - - '• r n _ - -r ' N ..*� P .i �. ; t � z � n�ir � � '•>t'- myr .� ,-} y '� s ; -'' ' . k� 'ry�,_ s
- - ... 4. *�. _y � g�J r �' ' - t 1 � 'max""•.' •`� t3' �'iT�'• �'^ 'S, .. � .r `' <� _ z;.'.
... - • - _ � �' ., i ��- -•�t'z �. 3a�;� L s��hw�� d'C,- �.� per.-. �.a�^c �Y ff �• �^'..r-t.. a:
r' = �'' -s'•• -. 5 � r .'^-: •- � � �� _ � - � '= i`t •4a CC 7r ��"S.�'v 4 '�''tl'_L �.� h ro r � ����_'. -
Nf. �� ' •sa-r sh 'rl.- c:�%'z •�' ra i _s, 1�L__"'r�:rf;'r T;•';ik�b "'�-IrF~.;'dea..a. :s"' -fa ram-. i'
..�' ^'r' 1� r F c r +•rf-,f rs+� : ajy "-+ ✓ -� ` �` �r,C:.%. _ rr t„ rF 5 y��;`r'y' L�
. ». -S.-
• r_
rTr
hi *; xf
TR
44
- , [[ � S " -�ewk1 » w,-iY•` A _ t!''�'� v� _ �; - i� Y Y r �1D"'�j�M't � :� ��y�' .��.�.it..± -- _
-- w +„T 1 w — � � F' ' '��--w� 1 4 ?� 4 �� —' �-"�`• � n a'F' `/ h i.. ...� • - . � V _.. �•9 � !}« w .r'- 1 _. � - '
- / �. _ ram— -•a. •'�x:.� .. �,. ti _

?.. .. r T
' ' •� �- ,[! ;,s _�_ � rt�
• - .. - '_ _'y^ _' ,��•:-..�.�.r.. i_..-.-✓ -: 7�•.'ti "'-�_•C' _ _ "�'.-.+�-�►,�4J.w.. �.'�Y`J" .. „ew.•d �I.r .. i
• w-. � .. � .=f-•� - .,, 1�;„-_sue=.a-�`" ....._ir
rx a�
� ....� a;.. «, •`� � �? !/ ,�- ,y �;:tiJ` err _ .,
IV
Ao
� •.F . f'ly� �cK ra.: � � � Pf ��T,. �'./ r xis --
��.•�.'-",� �' �-r ,tee �a+f�« ,t`t�� ; . •.�-- 1 •
_42
-�_•J� i�! � il� � ter`! 'r� a f J• <'•+:,s� � A''{� �P�•'1t� i �� ,N,�
a: i, ► i..� _ � . .AY' r�-'�---��Yc`7�J-tit �i •t
„! i ,•(r', � ��'•��.i� �{ �'rt ..�;�'� y�1+-� 4��� �� �-�elr�-{.'�` `?� iSa'a1�i••,y• S 'tE""t•H.`�•
G t % l4 ate« y . ". y
�''� •�I � 'ti .lt� s.%�i•y tr �'�n� ;��•� �` ���1-���� it
'�:-f•-•^...�'�i�.r��r�=a.�"�_ _�'. .::i-:l �s'r!,..r_:.!"'�r�' _ •.r:atf�i��'-y.'�i1.,'..idf.�

F- ; .--l+lr ems..-r �: - - #� �-+�• ^".�.�-•c - •^` 4ro7-l..b _ r'�'
� - .. � �-7 �•� _ _ ,/ ^ _ r.��_ �...t` �: �.vrw � law." �,..=-_��:.
r-yr -. e: *..�� �- ��1 ^ �! : •` . 11+Y �r � _�,r�.C,,,.`T'wxa - a-.r �► - ' -+-��.:
�� �� � � - �' � �J _ .ter � �x �t".. Y � � T.-j.�r- �'�w� .=� l-> 4:.., � � � �...►. '�^�Y"�e
;Now-`^Lw���'�xW- ter•`' ��=L�• t�
�' 'X s � fy� r �+j yam- "t i► eti.— h+ - " .l - �i���'4.►/
'_ - �.�;". !!- yr' .. _ - �` "' 1 ���""��I �� ���-�'�.?���,J�,.�- �`� ��'"=;� !w - _ •�:.�[.= �%1'.,iY.�� �.."�. LSi,
- '�" �r'•!:� _ i 1 '.i"•„��yA��,��'•�-r-.4` r'`�•+' �,�..a,�.- i-�•x'ws•.+► YA ��a+'��a•rt ��r�yy�-� �,
"- . y a r► ..`1.9. Y. -_ •.� ` -i�+� - "."aif� 11 ..-•�rh.A •�•a+� .a .�� ,.,Y.-,�" i •z •'�• •,':l'
Y 1f s - �+� ',��, - ..• � `.� �_ i`+ �� ��lf • ."��• •�� �' �...g. ' .1�'++�'y}� A�'°.'��a""y�-�.}�"'tilbf _ �`Y"�''^ � � 1
47,
/"� !�_, _ - �,ir- _ 1 '��� r.�•.�y 1��7'{ ti '�'Sa-�. t `! �. :� �. �.•�'•��¢��'� �' `� _"x^� r�\: .tip �' �.
i j`r � ^,,;_ . i Ir` -�`'� .! G.,���•�.�', `' f �-a ►'.,,.,�'!s'«Yr"1�--y� �r-fi��y��s:, ��g_��.�•I•`. :; ; "'.•1T'�..��"�.�`�• ^: ��
i+�"w•, Y " g �a.- � ��_ -- �f,�,����..-j��{�� •'y'w'yi�• '� a f�-1 y � � ` � � b. � "�� �� r � _ �"w•� '!
�P'.+:s�?d�sC:r�•.� iy _ lr ��.� • ' r~�� n�_ E`7C%'�� �r ���- -�,,i- .���i�y!'� �: � _--�>_ '<:� :�•:rs .-, �� �p
�� rr � - � � • . ,G• _� `�,,++��^^ y, � �._ pia f"�� ' ,�
- - r� � :lirJ''';. - _ -_ y- �iY� �. s1-• „�F .�� -.;� � +.r-"R..�r�•, �r, V�r ":y.;��_ ,- ��'���yTi'� �� / - _ ��' f _tl � •"• �.?_�:'
F.Qti �� - f''�"'Xt,•s +J�. '`f�Y�/'r C�. ✓q•�.�.������ �i��r` � �lni Y�'�.C,��� �r � �.��
''�.w.'I-�.ili���7� ��' � •.� �.+DIY �I�r"':.+ �: �,l .� ,�f� �.r� J�FY- ��",�r �_1 j�

,r,art Qr Ali iIli ' 1 "`� -��•, „�' r�d!
�j p.�+J l �,i�.l 1•. ., 1. ii + �' 1- 1 It � J,�a •"fix '� �•�/' ' � ����3�!�'3rM � }'•-I,:,-j!1 �S"}
1 .�` •-, _, I 1 . l�Yt 1 ,:,??"k E•!�•►. r r I ,t r I i�+, � l yyg ,
I }i ''{ _Ti -r � -F �•ry," 1„yf �y d �'+ yQ � k '�{� '�,+w'� F
1 1 1 , I y,l� � � •�+S.,t, '�� C,:k. „ j ,c 'n mar,,: �'YA^R �1 •n+ C }�
1 t.r 4 I k , f !}.• t jf 1 J+ittll 9..�� R'�r'+ti�gyp. "F': �' r�1� 4 Ai"} ,s�P'
fY+i 4• hi girl, �° r3i'�� �` �i
rs. l l [ ! , r ' ' t� y; ,� .$ 1 r !" E�:-,[ { � 4••+ �40` 4 _ ; �` ��� 'd�, '�'#•ir A n �; ' dt ry�t'�� t � k
t• r. � "� _ ; �1�+�,� 4, a.i � ! v�, r Sa r�r ��..�{ dYt�,��/tp
_. !,�'. •.\ � y� �a lll� ,�� t.. , ,a 1 �'�e��jJJ ti. F �� R,r i +h ki��
'�t � I t .•►. , _.i+Tn j ;�, 1' f�'�'+'y ! ��rF'"•+ L'. • •;` +�'' 1 ; Ib �j.•- .]. �• 1'�,�pp �
t � • 1 i' R� i,(• t Rif
��r+�w' � �,` ,,•� ,•'�%r I.v'•I.Sf�4`�tt{ �4.f.+(i}!�,�� i��} •p•'r.'1•• r `' ,1 '+ I r•
�•r• tlr,1. .+• .{s'r i _ ��,'+ •ri' (� ti Nr, 1 �•1
lwE� YS V,k•�''L•,
{1 r•. ,I.I f� , ,...
F i,l ' '#,'�r�`c"! '•if;'j r/w,} 1 ! 'rlh3'ti�1.{61p9 ;r[� ..'t1,'..' 1 R, d 11
i`d ,'i� 1 �, l Aj•}'>'� 11 tT�.� .a qh`t,�.� �. �'-a�Ay �+ i
+T'�4 . • 4 1, 1 1•.-� , 1 �r 5 + 1' I,
Zi
r r + i
wI4�qai � . [ tl r
Fnrl,� sT! c7 ��i `�;"
�, tr 1, !f� r4y+� !�! ��t Y +f ti 1 �•�< �� �,i{i <`,1•'y,i
•��"• �l` ,��!I.'�� 'i ����s�r rrf"�kl�ii I'''i''li •�•'q�. T' �.;' '�/�yI ,=1'' r, ,�,.-,� � '
•\s 1r�, +�i4,''y �.�::�'-�'w =h,. !i r?f f.r� •. _'1st 1R. ��lr,r, M'•j1!ki'YI" I�„` .R •`
\��� tl, rr i , ,. ♦ Ste! 3,\. �+r+'. ,1 r 4. i N`it +• `�L. .'r �r,, .Jr rl}'?, .I` �,11t'�
4 '''�'' 1 �' •I�'{ ,\ �.'.rr.t��P • ,'k:i•, 11,�1�'S.V',4'r�`'{rr:rr:'r _ •1
, ��•yt�'litt }.f't, 10111,„r: .r if ,. F •, '+•-,�
' 1,'1t [_,' 4'1�}`•{1•��, +•. �i,�;' j': R.%��r .'f: .r,11skf1 ' is r1",H.•rt:1 �M'~ Ej• •�Y•f'` `4
.�� ,'4t+`, S•i+1 tV.`�,�`1,�q'l r4yr t' T I. Ltk'7! !r'N'••_�.+ r�Cl' :rirR��j� mow.•
', 9'}, yr�`! al i�.a�`i- !'.1�'�f�,•++r14��. �.�`,•�v5•,�r'��t',•y''rlr•'Hi'rA•,trwrJ'+}j�frd-�1,t•'i'
�,t 1, '+� �'1�':',l�k:l +� r�i �, .i ,%�� ,•'si° •l ,t�+. 1 4j rrY ,. ,,tr'� 1 . , , 4.F 'pl ki {;'i" �.1 �•,
+tt .�,. r �t' 3n4 y ` i r !` � . •� t • t� I � �r 1 �� i4 r 'w Ir. , + a
Y i;'1'I, 1.,.,�1,':.. {•R tJ4R I t '1�i� ,'I ;ly�r?�.,+t �' .�r ,, rS�A. i1 t'.1' .y�'11�3�'r +
r +:�I 1,1Y � IW j .. � r i �! � +r' !'•' .1 "r'+ t;r 'x?"• i[+ t. ' x y'
A'�,.i l'.;,. � ,�,' I ` w i•��t- '.R 3'�rf rl • f rI ��,.Y"1Jr �`"4w
All
7•�
�r11.'TiT'4�j11,', xjyyY•'.` t t 't,t4, ..�J
,11{rra��ay
�!1"'6t,Ftir {r1,4 kr[', 4kj }I'.r�1,y �t 'ti•,. 4 +!i
i `a"•I � �v ! . ,, 1 t� i t 3$. � �t ��i } , t° Ib ! �� ! ;'r, �,, . � ��t
r4 "'r . ! ti'arlel''� 1 % y1 i•t' � 1 yl � Y
r��'TY,.�M :' - \! , t�f �'tl+i I flla�.tl\'t y}+�r.l-;',I�� ,�� Sj��4�~eR�1r ���i" ry',:t 1•'r' ! •
� r, � �.t� � ! �` ,�' r - �rl • r k � i1'} G�1`1 f�l ei�.'# .�• i=. r f f°{ ` �r 1 ��41 T �►r�:]i} , ' Is..l �,,;.A^^,, '
`��.�• lI ;S1 ' '{ 1Ifi Sy ' � .S rr'• ''r ~!i1k1r'��}.rw\i! yir'iw :r�'1 , f.N�•, �My"'!�'i,f'�r, ` e
+1�' - t ' ! A �'+y� ' r r' 1 ' i. • r, } ,�;{ ;�.1.• !r' '1-ors .1, •' ,�„ '�
'1�t
1 } l ' S i f ^1' . •`'-:~ •,nit Y r )'1 , ! r 1 r •' jv +
i 1�'rr!••'�M'..'t �i�_Y�l•�],,1.�•/'••� , ��'f1,llr � 3`�-kl�-0ly��i 1,1 d ,}+\ j� 11�4�•
r ��� �r ti� �1�1t � "'rs '�+1: [•�,y+'.. `7 �i . .'%?'1' 1.. ��.:• �� , fii�d�

t
14 1. Y
� m +•f�_ ' '*' � � '" 9� � "`'-t �' �r r:'`- ;� pr' r,�»
v+-3 T
k_.• ,p `s1t �
� �'i �a >> .r'� - �-� - ,•x
i, `{s% 2 +tiIto!a"�q .P.• p cz`� ''" � r
^d, a
t ��+ ..i.. T3j_.�.i Y -- may"' :1�. s"'�' t '1 - •,.,t 4L �'(.� .1} Ha cA3'a+5j _S t`+ ;�+i� s','"r,.-r� 4 ? • • _
�'Vg.:
C4.. x�7.e...��a_�-f�: �"a',,. `ti,Zrti-�� �+'•i .�..s_. _`� _ - -
�
71,
�."tx�,�.f•' - '. -. r� .-`*t . a..1 � >``�>'t'M'l��.�;�.K 'a sF$' � ss - .fir_: ,_. "� `� �.' ` ", _
r�
ARL
Q. r� �` .� a`= _ _• _ .' Jam.. _ '�, � n o .....P_ � �..'�.
" .� .• ,' O � ' '• � _ �'�pr" 'o -'- �-;-' � �.° � "�� tom' � - - -,k :
a
-41
76,
74
C'n 79T , 'DWI�i` �'
-'-^`"?n},r" c t ". i. o .• _ "fir a,a _- k rta
mn.�,

AtA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Mr. Keith Stephens
Stephens Dairy
140 Lakeview Dr.
State Road, North Carolina 28676
.J
Dear Mr. Stephens,
William G. Ross Jr., Secretary
Division of Soil and Water Conservation
September 25, 2001
SEP 2 8 2001
I IWin;sc':)f,-SaIer i
SUBJECT. Operation Review eC�i0r-jai officlo
Stephens Dairy
Facility No. 86-23
Surry County
On September 17, an Operation Review was conducted of Stephens Dairy, facility no. 86-23, This Review, undertaken in
accordance with G.S. 143-215,10D, is one of two visits scheduled for all registered livestock operations during the 2001 calendar
year.
During the operation review, the following items were noted:
• The facility is operating above the certified number of cattle for the facility at 518 head.
• The facility does not have an operator in responsible charge designated.
• The waste pond embankment needs to be mowed for easy visual inspection, control of weeds, and control of vectors.
• There was evidence of some discharge from piles of bedding and solid waste, which is uncovered.
As you are aware, operating above the certified number of cattle is a violation of your certified animal waste management
plan. I urge you to reduce your cattle numbers to your certified number of 250 head and contact your technical specialist to have
your waste utilization plan updated for the number of.cattle you wish to utilize at the farm. Once the waste utilization plan has
been developed, work should begin to increase the storage capacity of the waste storage pond to accommodate the waste from the
additional cattle. Once the facility is certified for the additional cattle, then_ the cattle numbers can be increased to the new certified
number.
A copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as
discussed are noted in the comment sections
Please remember that in order for your facility to be in compliance with environmental regulations, animal waste cannot be
discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly
sized, maintained and operated under the responsible charge of a certified operator. ' -
The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not
hesitate to call me at 704166.3-1699 ext. 276 if you have any questions, concerns or need additional information.
919 North Main Street, Mooresville, North Carolina 28115
Prone: 704-663-16991 FAX: [phone] Int6met:'WW'W.enr.stite.nc.us/ENR
An Equal Opportunity 1 Affirmative Action Employer— 5D% Recycled 110% Post Consumer Paper

Sincerely,
Rocky D. Durham
Environmental Engineer 1
Enclosure
cc: Surry Soil and Water Conservation District;
Melissa Rosebrock, DWQ Winston-Salem Regional Office
DSWC Regional Files

AfiDivision of 1V:Iter• Qtwlity
Division of Soil and NV itcr Collserv:Ition
O Other agency
Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follew up O Emergency Notification Q Other ❑ Denied Access
Printed on: 9/24/2001
1Facilitv Number+_ 8G 23
. �,...a.. .. <:.,s.,... t7 1'frt 071.111in:tall 0 13e101+ Threshold
© Permitted ® Certitied ❑ Conditionally Certified ❑ Registered hate last Operated or , bu,'c'I'lEreshold: ••••............•
Farm Name, S.t.ehkl�AlS.I7.;txt:�'........................ (:u:,nt�: S.uxx'!:.............................,.................... �Y .........
Owner Name: Kdox.................. Sleakells ..................................................... }Bone No: Q3.61.04:2.10.4.............................................. I ........
,
[ailing Address: .1�4.?..11c.li.linh�ls..R2.tl.ci....................... .. U.kl k!a.G ray.q ................................................. 28.68.9 .............
hacilhy Contact................................................................................fide,:............ ....... .. Phollc 1u:
Onsite Reprountative:..Qlll iS..i�l�talSAt7.:111).................................................................... [ntt'1;raIor;......................................................................................
Certified 0per:►tor:lKt;.ltlt....................................... S.t.eAll[ tS.............. ................ ....... ..... 4)I:rratn:' i:rrtiticaril)n Nlitnbur-.248.32 .............................
Location of Firm:
3wy. 21 North of Elkin to Popular Springs Rd. Turn right on Fos Welhor•n Rd. off of PnpuL'u' Springs Rd.. turn left after
►ridge and follow to the end.
❑ Swine ❑ Poultry ®Cattle :]Horse Latitude I.f)nuitlrtie 30 • 48 48
Design Current
• '•, L7l lil ll l� CU IMMMII
❑ Wean to Feeder
❑ Feeder to Finish
Farro,v to Wean
Farrow to Feeder
10 Farrow to Finis t
Number of Lagoons
Holding Ponds 1 Solid Traps L� I
Design � Current
Poultry Ca ):tCEtN ICU )nlano❑
C.-it 'tIe
❑ Layei
❑ \Ion -Laver
❑ Othei
Design Current
Canacity Ponuiation
® Dairy SI8
❑ Non -Dairy
Total Design Capacity 250
Total SSLNA' 350,000
❑ Sul)snrfaee Drains PresetEt ❑ Lagoon Area ❑ Spray Field Area
❑ \n I_ I1;T' % aste.1l:lnuyement Svste7n
AL
►J
Discharges & Stream Irn1)acts
1. Is any discharge observed from any part of the operation'? ❑ Yes ® No
Dischar,_•e on inatetl at: ❑ Lagoon ElSpray Field E, Other
a. If discharge is observed. was the conveyance nian-made'? ❑ Yes ❑ No
b. If discharge is observed. did it reach Wurcr of flte Slaw? f 1I'ves. natify [)%V ❑Yes [I No
c. If discharge is observed, what is the estiniawd tl.osv in at!l'liiin?
a. Does discharge bypass'a lapokt systett)'? ([f yes. notity I)4i'Q) El Yes [I No
2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts m the Waters of the State othet"than from a discharge'? ❑ Yes ® No
Waste Collection & Tre:rtnterrt
4. Is storage capacity (freeboard plus storm stora'_>e) less than adequate? i� SpiIlwo ❑ Yes ® No
Slrii�;LlF't 1 struc!ta .;: L�E'iEcaFli'(' Strilcalr�c 4 llii:l ',_Ial'L'. . Strucntre 6
Idrntifiec.................................... ................
Freeboard {incltc•sl: 2'
_
05103101 Continued

Facility Number. 86-23 „ , 2 ;,r;"_ 9/24/2001
S. Are there any immediate threats to the�'1'Ctte-rity of Ztn% of tlze structures ohscry 9 (icse%lere erosion, ❑ Yes ® No
seepage, c tc. )
6. Are there structures on -site which are not properly addressed anclinr 1ttartaged Ihrou<,It a waste management or
closure plan? ®Yes ❑ No
(If any of questions 4-6 was ans,vered yes. and the situation poses art
immediate public health or environmental threat, nolifv 1)WQ)
7. Do any of the structures need maintenance/improyetnc tt:' ® Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ® Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
❑ Yes
® No
1''aste Apnli_cation
10. Are there any buffers that need maintenance/imlaro% entent'!
❑ Yes
® No
11. Is there evidence of over application? ❑ Exccssive Ponding ❑ PAN ❑ Hydraulic Overiaad
❑ Yes
❑ No
12. Crop type Fescue (Hay)
13. Do the receiving crops differ with those designated in the Certified Animal Wastc'vlanagement Plan (CAWMP)'?
❑ Yes
❑ No
14. a) Does the facility lack adequate acreage for land applicatiorl:r•
❑ Yes
❑ No
b) Does the facility need a wettable acre determination.'
❑ Yes
❑ No
c) This facility is pended for a wettable acre determination:'
❑ Yes
❑ No
15. Does the receiving crop need improvement?
❑ Yes
® No
16. Is there a lack of adequate waste application equipment!
❑ Yes
® No
Required Records & Documents
17. Fail to have Certificate of Coverage R General PCrnllt «r other Permit readily available?
❑Yes
❑ No
18. Does the facility faii to have all components of the CLcnt i"ied Animal �Visre Nlanauentent Plan readily available?
(ie/ WUP, checklists, design, maps. etc.)
® Yes
❑ No
19. Does record keeping need improvement? (ie/ irrigation. ti-eeboard. waste analvsis ,C soil sample reports)
❑ Yes
❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
® No
21. Did the facility fail to have a actively certified operaiur in charge?
® Yes
❑ No
22. Fail to notify regional D%VQ of emergency situations as rcrluired by General Permit.1
(ie/ discharge, freeboard problems. over application)
❑ Yes
❑ No
23. Did Reviewer•/Inspector fail to discuss review/inspection with on -site representative:'
❑ Yes
® No
24. Does facility require a follow-up visit by same agency'!
❑ Yes
® No
25. Were any additional problems noted which cause noncompliance of the Certified :11i%MP'? ® Yes ❑ No
113 No violations or deficiencies were noted during this visit, You will receive no further correspondence about this visit. —�
Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.
Use drawings of facility to better'explairi situations. (use additional pages as necessary):
❑ Field Copy ® Final Notes
# 2. Evidence of some discharge from piles of solid waste that are piled in a couple of areas outside the barns. Also, some evidence of �
small amount of discharge that spilled over concreie curbing.
# 6. The amount of waste from the new barns and rrrlrlitrurrrrl corns is not accounted I'm- in the current waste utilization plan.
# 7. Waste pond embankment needs to be mowed and weeds'need to be killed for easy Visual inspection and control of vectors.
# 8. Washing machine water reeds to be routed to the waste pond. ("Phis is the wasliei for the milk roorn only).
# 18. Mr. Stephens was not present for the review and the ssaste utilization plan and records were not available for review. I called Mr.
Stephens the first week in September and left a message that I would be here today raid to call and r•eschodulcr rf today was not
convenient. 1 also called and ralkecd to his wd f�, this a.nr. to rcr iw1 +1r. Stephens l irr rid he here torday. Cont. P. 3
Reviewer/inspector Nante Rocky Durham
Reviewer/Inspector Signature: Date:
05103101 Continued

facility Number: 86—!3 1)ate of sI:,i:v.: 9,117/2001 i,ri�uco on: 9/2412001
a db
Odor Issues
26. Does the discharge pipe from the confinement buildin1 to the storage pond or lagooa fail to discharge it/or below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agi(ation?
27. Are there any dead animals not disposed of properly within 24 hnnrS? ❑ Yes ® No
28. Is there any evidence of wind drift during land aphlic ttinn:' (i.e. residue on nei�shboring ve�,euuiun. asphalt. El Yes ®No
roads, building stntcture, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lapon•? ❑Yes ❑ No
30. Were any major maintenance problems with the ventilation fanfs) noted? (i.e. broken fan bells. missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No
Additional— omments and/or Drawings:
# 21. Need to designate a operator in responsible charge fnr the f icilim. l left a designation form to send in to Raleigh. +
# 25. Facility is still operating above the certified number ofcattle frnr the,ihcilit.. Cattle should be reduced to the original number
until the facility can be certified and the waste plan updatcd for the additional came. Received a NNOV from the DWQ for this
violation last vear• and this rear us ivell.
were left blank that could not be answci-ed due to uo rccord s i chic, available daring tho revicir,
05103101

9 ,
DEPARTM1F,, T OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
July 31, 2001
MEMORANDUM:
To: Jeff Poupart ��/
From: Larry D. Coblel
Melissa Rosebrockw
Subject: Recommendation for Civil Penalty
Stephens Dairy #86-23
Surry County
Please find, attached, documents supporting the Winston-Salem Regional Office's
request for yet another civil penalty assessment against the Stephens Dairy in Surry County. This
request is based on the facility's continued lack of compliance and cooperation and the most
recent site visit conducted on May 10, 2001 which found this facility to again be operating above
cattle numbers specified in the CAWMP.
On March 1 and 13, 2001 this facility was found to be operating at 271 and 380 cattle,
respectively. On March 21, 2001 Mr. Stephen's wife signed the "Return Receipt" card
acknowledging receipt of the NOV/NOI letter from our office for these violations (a civil penalty
assessment was subsequently issued). On May 10, 2001, DWQ staff visited this farm again and
found this facility to be operating with 464 cattle. Milk production records also showed daily
milk production to be increased approximately 1000 pounds since March 2001. Please note that
the CAWMP states that this facility is only certified for 250 cattle.
The Winston-Salem Regional Office considers this facility to be a continued and
immediate threat to the environment. We request that you initiate appropriate action from your
office and forward the package to the Water Quality Director for review.
The following items are being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) Two copies of a completed "Water Quality Enforcement Case Assessment
Factors."
C) Two copies of correspondence between the WSRO and the violator, including
"NOV/NOI 15-day letter." Violator did not submit a response.
D) Two, signed, copies of the most recent DWQ Compliance Inspection.
Please contact Melissa Rosebrock in our office at [phone] x265 for any additional
information you may need.
Attachments
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Winston,Salem_Regional-Office Facility -Files,
Central Files

•
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DrVISION OF WATER QUALITY
July 30, 2001
MEMORANDUM:
To: Jeff Poupart
From: Larry D. Coble
Melissa RosebrockN,i
Subject: Recommendation fc,- Civil Penalty
Stephens Dairy #86-23
Surry County
Please find, attached- documents supporting the 'Winston-Salem Regional Office's
request for yet another civil penalty assessment against the Stephens Dairy in Surry County. This
request is based on the facilirv's continued lack of compliance and cooperation and the most
recent site visit conducted on Nlay 10, 2001 which found this facility to again be operating above
cattle numbers specified in the CAWMP.
On March 1 and 13, 20D1 this facility was found to be operating at 271 and 380 cattle,
respectively. On March 21. 2001 Mr. Stephen's wife signed the "Return Receipt" card
acknowledging receipt of the _NOWNOI letter from our office for these violations (a civil penalty
assessment was subsequently tssued). On May 10, 2001, DWQ staff visited this farm again and
found this facility to be oper=ng with 464 cattle. Milk production records also showed daily
milk production to be increased: approximately 1000 pounds since March 2001. Please note that
the CAWMP states that this facility is only certified for 250 cattle.
The Winston-Salem Regional Office considers this facility to be a continued and
immediate threat to the environment. We request that you initiate appropriate action from your
office and forward the package to the Water Quality Director for review.
The following items are tieing transmitted for your review:
A) A complete;: "Findings and Decisions and Assessment of Civil Penalties."
B) Two copies of a completed "Water Quality Enforcement Case Assessment
Factors."
C) Two copies of correspondence between the WSRO and the violator, including
"NOWNO= 15-day letter." Violator did submit a response.
D) Two, signer. copies of the most recent DWQ Compliance Inspection.
Please contact Melissa Rosebrock in our office at [phone] x265 for any additional
information you may need.
Attachments
cc. DWQ Non -Discharge Coi;s7iiance and Enforcement Unit
Winston-Salem Regional :►:,ice Facility Files
Central Files

STATE OF NORTH CAROLLN-A
COUNTY OF SURRY
IN THE MATTER OF
KEITH STEPHENS
FOR VIOLATION OF N.C.G.S 143-215.1,
15A NCAC 2H .0217 AND
15A NCAC 2H .0224 (a)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 0�' UaA.
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the - Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Keith Stephens owns and operates Stephens Dairy in Surry County.
B. The Stephens Dairy was deemed permitted as a nondischarge facility on February
1, 1993 in accordance with 15A NCAC 2H .0217. An approved animal waste
management plan is required by 15A NCAC 2H .0217 as a condition of being
deemed permitted.
C. The approved animal waste management plan certification for Stephens Dairy was
received by DWQ on May 17, 1999. The certified animal waste management plan
(CAWMP) states that the design of the waste collection, storage, and treatment
system at the facility is adequate for an animal population of 250 dairy cattle.
D. On May 10,2001, DWQ staff inspected the Stephens Dairy in response to a
complaint. Stall counted a minimum of 464 cattle at the facility. Milk production
records showed daily milk production to be increased approximately 1000 pounds.
since March 2001.
E. A waste utilizarion plan (WUP) is a required component of an animal waste
management plan in accordance with G.S. 143-215.10C(e).
F. The cost to the State of the enforcement procedures in this matter totaled $372.44.

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF L-%W:
A. Keith Stephens is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. As defined at 15A NCAC 2H .0203(12), deemed permitted means that a facility is
considered as having a needed permit and being compliant with the permitting
requirements of G. S. �143-215.1(a) even though it has not received an individual
permit for its construction or operation.
D. The above -cited instance of exceeding the number of animals specified by the
CAWMP is a violation of the 15A NCAC 2H .0217 non -discharge deemed permit
and G.S. 143-215.1.
E. Keith Stephens may be assessed civil penalties 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 may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
F. *The State's enforcement costs in this matter may be assessed against Keith
Stephens pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.I (b)(8).
G. The Director, Division of Water Quality, pursuant to delegation provided by 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, Keith Stephens is hereby assessed a civil penalty of:
$ for of one .(I) violations of 15A NCAC 2H .0217
and G.S. 143-215.1 by exceeding the number of animals
specified in the CAWMP.
$_ _372.44 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 ,% iolation 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 for the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: PC
Violator: Keith Stephens (owner)
Address: 140 Lakeview Drive
State Road, NC 28676
Surry County
Responsible Party: Keith Stepbens
Regional Office: Winston-Salem
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 violations:
The continued increase in the number of cattle has greatly impacted the holding capacity of the
waste storage pond, which is not in optimum condition as the dam lacks a consistent vegetative
cover.and the spillway ha- recently been repaired and graded. Since the operator still has no soil
or waste analysis records, it is difficult to determine whether the plant available nitrogen limit per
field has been exceeded during the application of animal waste. Per Surry County SWCD, the
current CAWMP does not contain enough owned/leased acres to accommodate the waste
produced by the increased cattle numbers.
The increasing numbers of animals also continues to impact the condition of the exterior
feedlot, accelerating the rare of existing soil and waste run-off problems.
2. The duration and gravity of the violations:
Based on observations dung the investigation by DWQ and Surry County SWCD/NRCS staff,
the operator of this facilirr has steadily increased the number of animals maintained on this
farm. This is based on in -,erection reports and site visits performed since 1999. Per Surry County
SWCD/NRCS, the waste storage pond as it exists, is not adequately sized to accommodate the
number of.animals on thi; site.
3. The effect on ground or surface water quality, or quantity or on air quality:
Unknown. To date, there 'nave been no substantiated reports of downstream impacts outside of
the area of investigation.
4. The cost of rectifying the damage:
Unknown. Costs would involve vegetating the dam, repair of the stock trails, cost of soil/waste
analysis, and grading/seed ing of the denuded exterior lot, and removing cattle to a herd size at
or below the certified nu.- ber.

0 10
5. The amount of money saved by noncompliance:
Unknown, however, the receipt of payment for the additional daily milk production attributed to
the increased cattle nu=Lbers may play a factor.
6. Whether the violation were committed willfully or intentionally:
We believe these violations to be committed willfully and intentionally. Mr. Stephens has been
notified several times since 1998 for violations of his Certified Animal Waste Management Plan,
including 1998 NOV/NOI, and June 2001 Civil Penalty Assessments for operating above
certified numbers. Thy notifications have always described the violations and specifically what
was needed to rectify the problems.
Mrs. Stephens signed thce green, "Return Receipt," on March 21, 2001 for a NOV/NOI
regarding populations of 271 cattle on March 1, 2001 and 380 cattle on March 13, 2001. DWQ
staff then visited the firm again on May 10, 2001 and counted 464 cattle. The certified number is
250.
7. The prior record of the riolator in failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
1997 (November) - DWQ NOD issued for inadequate freeboard and poor condition of storage
pond.
1998 (February) - DWQ NOV issued for zero inches of freeboard.
1998 (November) - DWQ NOV/NOI issued for exceeding certified number of 150. Regional
office investigates and r-eports that there are 240 animals on site. Operation is also found to not
have a CAWMP or a cc=dfied operator. Dam is found to be denuded and eroding.
1999 (November) - DWQ NO'\T issued for Invalid Operator's Certification. Operator is also
warned to obtain a revised CAWMP prior to stocking additional animals.
2000 (April) - DWQ NOV issued for failure to keep adequate waste, application, and soil
records. Operator is also notified of violations involving run-off of soil/waste from concrete lot;
erosion of storage pone dam; lack of maximum liquid marker; and poor stock trail conditions.
Response to.DWQ "I G-day letter" not received until June 15, 2000.
2000 (May) - DWQ/NOI issued for inadequate response to April 2000 NOV. Operator is also
told that the exterior lo= is a violation of his CAWMP. This correspondence reiterates violations
involving lack of soil, waste, and application records. Problems with the stock trail, condition of
the dam, and lot run-oi~ are also noted. Operator is again told to install a maximum liquid
marker.
2001 (March) - DWQ NOV/NOI issued for exceeding certified numbers, again. Previously
mentioned violations (see above) are noted in the_NOV/NOI. An additional source of
unpermitted discharge i, also noted. Operator has still not obtained any soil or waste analyses.
2001 Qune) -- DWQ Issues an assessment of a civil penalty against Stephens Dairy in the
amount of $5,436.46 fo_ Violations noted in March 2001 NOV/NOI.
8. The cost to the State oi' the enforcement procedures:
Central Office Review cnd Processing = $ 100.00
9 hours by investigator for investigating and
draftingreport(s) @ S21.34/hr. _ $ 192.06

•
Mileage @ 0.31 per mile for 98 Miles. _ 30.38
1.0 hour by Water Quality Regional Supervisor
for review @ $ 36.00/hr. = $ 36.00
1.0 hour for clerical support @ $14.00/hr. _ $ 14.00
Total = $ 372.44
9. Type of violator and general nature of business (i.e. individual vs. large corporation):
Individual landowner of dairy operation.
10. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
To date, owner has only: 1) obtained his animal waste applicator's license (2000) and 2) installed
electric fencing around exterior lot, approximately 100 feet from the creek.
11. Mitigating circumstances:
None.
12. Owner of property where the discharge occurred:
Keith Stephens
13. Pictures of discharge (optional):
Digital photos depicting various violations are attached. Violations include the past discharge of
unpermitted soil and animal waste from the exterior lot to a UT to Mitchell River, discharge of
waste from the concrete lot, the use of an unapproved exterior lot, and a severely damaged waste
storage pond dam without an adequate waste level marker.
14. Assessment Factors:
a) IWC: As no discharge flow into the unnamed tributary to Mitchell River codsted at the time
of the investigation this is not applicable.
b) Receiving stream: Unnamed tributary to Mitchell River, Class C Waters of the State.
c) Damage: None observed.

CERTIFICATION PAGE
I CERTIFY THAT THE INFORMATION IN THIS REPORT IS TRUE TO THE BEST
OF MY KNOWLEDGE.
M. Melissa Rosebrock

.f
Michael F. Easley
Governor
�^ William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Division of Water Quality
May 25, 2001
CERTIFIED MAIL 7099 3400 0006 9313 7151
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Complaint investigation
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This letter is to summarize an inspection/investigation that was performed at your facility as a result of
an anonymous complaint received by the Surry County Soil and Water Conservation District (SWCD) Office on
May 9, 2001 alleging aver -application of animal waste. As required by law, .Surry SWCD forwarded the
complaint information to our office. On May 10, 2001 Melissa Rosebrock of the Division of Water Quality's
(DWQ) Winston-Salem Regional Office performed a compliance inspection at your farm to investigate the
allegations. Surry SWCD staff was also present during the investigation.
While DWQ staff found no evidence of.improper or over application of animal waste, there were other
concerns that continue to warrant your immediate compliance. Please note the.followinly items:
On the date of the complaint investigation, Staff counted at least 336 confined cattle at the dairy. An
additional, :128 dairy cattle were also observed on exterior lots. This is a total of 464 cattle being
maintained on a facility that is only certified for 250. Note also that the total number of dairy
cattle at this facility is at least 84 more than was counted during -your compliance inspection of
March 13, 2001. A review of the farm's milk production records on the date of our investigation also
shows that approximately 1,000 more pounds of milk is being picked -up daily since the March
compliance inspection (see March 21, 2001 NOV/NOI). You are, again, in continued violation of
your CAWMP, deemed permit, and NCGS 143-215.1. Our records also indicate that you were
previously. cited for exceeding certified animal numbers (see 1998 and 2001 DWQ Notice of Intent
to Enforce).
.2. As stated above, at least 128 cows are being maintained 'on- exterior lots. Your CAWMP does not
permit the -use of exterior lots. These lots continue to be completely denuded and in need of
maintenance and repair. Additionally, buffered areas between -the denuded, exterior lot and waters of
T the -State are without. adequate, -permanent; .vegetation: -
�WE;7
F4—cbE :R
Customer Service Division of Water Quality / Water Quality Section
1 800 858-0368 585 Waughtawn Street Winston-Salem, NC 27107
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr.state.nc.us L,

Stephens Dairy
May 25, 2001
Page 2
Our records also indicate that you were previously told to remove cattle from these exterior lots or to
have the CAWMP revised to include their use (see 1999, 2000 SWCD Operational Review, 2000
DWQ Compliance Inspection, and 2000 and 2001 DWQ NOV/NOI). The above concerns are
continued violations of your CAWMP and deemed non -discharge permit.
3. Our investigation noted that some repairs had been made to the waste storage pond dam and spillway
area. Grading of previously damaged areas was also observed, as well as the application of straw to
the -disturbed areas of soil. No permanent vegetation was evident yet on the denuded areas of the
waste storage pond dam. r
4. The waste storage structure still lacks an adequate maximum liquid marker (see 1998. 1999. 2000
SWCD Operational Reviews and 1997, 1998, 1999, 2000 DWQ Compliance Inspections, and 2000
and 2001 DWQ NOV/NOI and 1999 Burchette/Cartner letter).
The Winston-Salem Regional Office is considering recommendin- another enforcement action against
you for the above referenced violations. If you have justification that these violations are caused by
circumstances beyond your control, or you have an explanation that you wish to present, please respond in
writing within fifteen (15) days following receipt of this notice. The Winston-Salem Regional Office will
review your response and forward it to the Water Quality Section Chief with the enforcement package. In the
absence of any justification, the Regional Office will recommend that an enforcement action be taken against
your facility. Be advised that North Carolina General Statutes now provide for penalties of up .to $25,000
per day per violation as well as criminal penalties for violations of state environmental laws and
regulations.
Please address your response to my attention at the address shown on the letterhead. If you have any
questions concerning these matters, please contact Melissa Rosebrock or me at [phone].
Sincerely,
1 �
Larry D. Coble
Water Qualify Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District -
Rocky Durham — DSWCD MRO
Marlene Salver --- DSWCD WSRO
WSRO Facility Files
Central Files

\11 r�R
QF Michael F. Easley
QG Governor
D William G. Ross Jr., Secretary
> r Department of Environment and Natural resources
P `C Kerr T. Stevens
Division of Wafer Quality
.Tune 14, 2001
Sheriff Connie Watson
Surry County Sheriffs Office
210 North Main Street
Dobson, N.C. 27017
SUBJECT: NOT; CE Dj SE .VICE
Keith Stephens
Dear Sheriff Watson:
Please serve the attached Notice of Violation as follows:
Keith Stephens
Stephens Dairy
140 Lakeview Drive
State Road, NC 28676
It is our understanding that because we are a State agency, no fee is required for this
service. We would appreciate your returning the completed Return of Service form in the return
envelope provided herein.
The Water Quality Section appreciates this assistance fro>» your department.
If you should have any questions or require additional ,ontact Melissa
Rosebrock at [phone].
MR/vm
- - - Attachments
NCDENR
Customer Service
1 800 858-0368
Sincerely.
Larry D. Coble
Water Quality Supervisor
Division of Water Quality / Water Quality Section
585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] Fax: [phone] Internet: httpa/wq,ehnr.state.nc.us

RECEIVED
� . De.N c . o f E r•l �j P,11
JUN2 8 2001
RETURN OF SERVICE
00b; trial Office
I certify that this NOTICE OF SERVICE was received on the Day of
12000, and together with the Civil Penalty Assessment was served as follows:
SST/ on the[ d of _i✓� - ,
200Q, at the following place:, jt{ 3 Lemc4t_E.�D� , _ ,S�-,TL - ,Ao , NL 2,C1,-7(p
(Fill in address where copy delivered)
By: , 4 M a ttj
(Serving Officer)
Check one of the following. -
Personally delivering copies to the named individual;
Left with ���1�'i �✓S , who is a person of suitable age discretion and
who resides in the named individual's dwelling house or place of business.
If not served on the named individual. state reason:
County Sheriff, /0? O
(Sheriff Signature) (bate)
Fee $: Waived (State Auency)
Please return this form to:
�~ NC Dept. Of Environment and Natural Resources
Water (duality Section
.585 Waughtown Street
- - - — Winston-Salem, NC 27107-2241 � J
Paid by: NIA
4
.6

•��#sr'''�'s�S t� I � i k x a, r a t �t f: r 1s ,T Y i s i � I ,' i i-
I
Type of Visit Q Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number
hale of 0915 Visit; S/lU/Z001 Time: Printed on: 5/25/2001
86 23
F Not Operational Q Below- Threshold
0 Permitted ® Certified 0 Conditionally Certified 0 Registered I7atc Last Operated or -Above Threshold: .................
Farm Name: Ste.Phen$.D?axt'X....................................... County: S.Urr.� .................................................... M.R.Q .......
OwnerName- KCIXiL....................................... SXcphehttS..................................................... Phone No:QQQJ66�3�11.0 ....................................
Mailing address: x4Q.�a,iC��:4.e.YF:.�2�AY.e................................ ................
Facility Contact: KPDXIlt.Stepbew..............................................Title:
Onshe Represent atnve:............................................ ...........
Certified Operator:&U.51cphct1tS................... ........
Locatinn of Farm:
Sut.t ..Rpad... NC .................................................... 2A6.7.6..............
Phone No:
Integrator-„
............ Operator Certification Number :...................................
:iwy. 21 North -of Elkin to Popular Springs Rd. Turn right on Fax Welborn Rd. off of Popular Springs Rd., turn left after
fridge and follow to the end.
❑ Swine ❑ Poultry ® Cattle ❑ horse Latitude 36 17 43 Lonritudc 80 48 48
Design Current
Swine Canacitv Ponulation
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current
Design Current
Poultry
Capacity Population Cattle
Capacity Population
❑ Layer
1
1
® Dairy
250
464
❑ Non -Layer
❑ Non -Dairy
❑ Other
Total Design Capacity
250
Total SSLW
L 350,000
Number of Lagoons 0 ❑ Subsurface Drains Present TO Lagoon Area 10 Spray Field Area
Holding Poiids7 Solid Traps 1 ❑ No Liquid Waste Management System
Discharges & Strum Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes l$ No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If dischar�le is observed, was the conveyance man-made? ❑Yes ❑ No
b. Ii'discharte is observed, did it reach Water of the State'? (If ves, notify DWQ) ❑yes ❑ No
c. It• discharge is observed. what is the estimated floty hi , dhnin"
d. D()es discharue bypass a lagoon system? (Ifyes. notify DWQ) i] Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
WasteCollection & Tre:►tmcnt
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ® No
StruCttlrC I. Structure ? Snnucutre Struclure -1 StruCttlrr Strtl;ture f,
Identifier: Wash .Pund.....................................................................................................................................................................................
Frechoanl (inches): 60
05103101 Continued

Facilfty Number: 86-23 1-. Date of Inspection F5/10/2001 1 - printed on: 5/25/2001
5. Are there any immediate threats to the into of any of the structures observed? (ie/ trees re erosion,
seep*etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level_
elevation markings?
Waste Application
10. Are there any buffers that need maintenance/improvement?
11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type Corn (Silage & Grain)
❑ YFs ® No
❑ Yes ® No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes [1 No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement?
16. is there a lack of adequate waste application equipment?
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
Oe/ WUP, checklists, design, maps, etc.)
I9, Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
21. Did the facility fail to have a actively certified operator in charge?
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
24. Does facility require a follow-up visit by same agency?
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes ® No
❑ Yes 9 No
❑ Yes ❑ No
❑ Yes []No
❑ Yes ❑ No
Yes ® No
Yes j$ No
[]Yes ® No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit -
it IIifeg
U ❑ FiM01 eld Copy ® Final Notes
7. Waste structure looks better. Some repairs have been and still need to be made. Grading and straw noted.
8. and 27. Exterior lots (not allowed per the CAWMP) were still being used and were denuded.
9. Marker still not correctly set.
23, (Old form #25) Today's inspection was a result of an annonymous complaint call received by the Surry SWCD 5/9/01 which was
reported (as required) to the WSRO DWQ. The complaint alleged overapplication of animal waste on the field behind the trailers at the
farm. Today's inspection was unannounced and operator was not on site. Left field copy of this report in the office in the milk barn.
24. and 25. (Old form #26 and #27). Facility is still operating above certified number of 250. 464 total dairy cattle were counted on site
today. Of this total. 336 dairy cattle were being confined, and 128 were on unapproved exterior lots.
Reviewer/Inspector Name Melis a Rosebrock
lleviewer/Inspector Signatu Date: s Q
05103101 Continued

Division of Water Quality
W71;STON-SALEM REGIONAL OFFICE
DID CALLER ASK TO REMAIN ANONYMOUS? Yes A NO
ME yes, skip to 'DIRECTIONS)
NAME OF CALLER: T A a T ,its S S1_L IL%L- - &,)rry 336 -3�6, 75�
ADDRESS: �-ib �0.kF Ur1�L } �I 1�L+�. LcJ�, lU 2 Er^ 7(-1 -1-- 41"itl
5 •-i-e.��lz�5
TELEPHONE NZDMER: -3 .alp hV l'1S i r. 3. 6 • 34,
DATE: 5111
TIME: AM
PM
DIRECTIONS:
SOURCE OF POLLUTION:
COUNTY.:
NATURE Or CALL:
REPORT REFERRED TO:
IZOiEDIaTE ACTION 'TAKEN:
it
.COMPLAINT RE

0
aUPI
3,34
J
t,4 ',d-tLa( CID- ksl�e&t

WArF
Michael F. Easley
Governor
r William G. Ross Jr., Secretary
> Department of Environment and Natural Resources
0 < Kerr T. Stevens
Division of Water Quality
July 17, 2001
N.C. Dept. of EHNR
Sheriff Connie Watson Mt, . n S
Surry County Sheriff's Office egio ni ojutq
210 North Main Street
Dobson, N.C. 27017
SUBJECT: NOTICE OF SERVICE
Keith Stephens
Dear Sheriff Watson:
Please serve the attached Notice of Violation as follows:
Keith Stephens
Stephens Dairy
140 Lakeview Drive
State Road, NC 28676
It is our understanding that because we are a State agency, no fee is required for this
service. We would appreciate your returning the completed Return of Service form in the return
envelope provided herein.
The Water Quality Section appreciates this assistance from your department.
If you should have any questions or require additional information, please contact Melissa
Rosebrock at [phone].
MR/vm
Attachments
WSRO
N DENR
Customer Service
1 800 858-0368
Sincerely,
Larry D. Coble
Water Quality Supervisor
Division of Water Quality / Water Quality Section
585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] Fax: [phone] Internet: http://wq.ohnr.state.nc.us

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the % Day of
1 _,tj l w 9,,1A01Ad together with the Civil Penalty Assessment was served
nA��/ on the - ky of , _
1, at the f6ffd vir4 place:
(Fill in address where copy delivered)
Check one of the following:
Personally delivering copies to the named individual;
follows:
Left with , who is a person of suitable age discretion and
who resides in the named individual's dwelling house or place of business.
If not served on the named individual, state reason:
Surry County Sheriff,
(Sheriff Signature)
Fee $: Waived State Agency) _
Please return this form to:
Paid by: N/A
NC Dept. Of Environment and Natural Resources
Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107-2241
(Date)

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
June 27, 2001
Surry County Sheriffs Office
Attn: Ms. Freddie Stanley
Post Office Box 827
Dobson, NC 27017
/ • •
-A46j
NCDENR
D4%nRowmENT AND NmuRAL RESOURCES
Re: Request for Service of Documents to
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
Surry County
Dear Ms. Stanley,
The Division of Water Quality (DWQ) is requesting personal service of the enclosed civil
penalty document on Mr. Keith Stephens at the above -referenced address because Mr. Stephens is
no longer accepting mail from DWQ. Enclosed please find a check in the amount of $5.00 for the
service fee. You will also find the original civil penalty document, two copies of the document, a
Notice of Service, a Return of Service and a self-addressed return envelope.
Please deliver the original document to Mr. Stephens. Please return one of the copies of the
document and the completed Return of Service form in the enclosed self-addressed envelope. The
other copy of the document is for your files, if you wish.
Thank you very much for your assistance in this matter. Please contact me at [phone],
ext. 539 if you need additional information.
Sincerely,
Steven C. Lewis
cc: Melissa RQsebiock; WSRf}
File # PC 01-013
Nailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh. North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Affirmative Action Employer
.50% recycled / 10% post-consunier paper
http: //l12a. en r.state. n c, us

•
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
Dear Mr. Stephens:
A 3WI
NY
NCDENR
NORTH CARouNA DEPARTMENT Or
ENVIRONMENT AND N.WRAL RESMRCE$
June 15, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
SUBJECT: Assessment of Civil Penalties for
Violation of N.C.G.S. 143-215.1
Farm # 86-23
Surry County
File No. PC 01-013
This letter transmits notice of a civil penalty assessed against Stephens Dairy in the
amount of $5,436.46 which includes $436.46 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. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax [phone]
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://7z2 o. en r.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

•
LJ
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. 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 that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform to Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

•
•
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a Copy of the petition to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Larry Coble, Winston-Salem Regional Supervisor w/ attachments
@Melissa Rosebrock, WSRO w/ attachments
File # PC 01-6I3 / attachments
Central Files w/ attachments
Public Information Officer w/ attachments

n
STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF
KEITH STEPHENS
FOR VIOLATION OF N.C.G.S 143-215.1,
15A NCAC 214.0217 AND
15A NCAC 2H .0224 (a)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC 0I -013
}
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Keith Stephens owns and operates Stephens Dairy in Surry County.
B. The Stephens Dairy was deemed permitted as a nondischarge facility on February
1, 1993 in accordance with 15A NCAC 2H .0217. An approved . animal waste
management plan is required by 15A NCAC 2H .0217 as a condition of being
deemed permitted.
C. The approved animal waste management plan certification for Stephens Dairy was
received by DWQ on May 17, 1999. The certified animal waste management plan
(CAWMP) states that the design of the waste collection, storage, and treatment
system at the facility is adequate for an animal population of 250 dairy cattle.
D. On March 1, 2001, DWQ staff inspected the Stephens Dairy in response to a
complaint. Staff counted a minimum of 271 cattle at the facility. An employee of
Stephens Dairy stated to staff that approximately 350 cattle were being milked
daily.
E. On March 13, 2001, DWQ staff conducted a compliance inspection at Stephens
Dairy. Mr. Stephens stated to staff that 380 cattle were being milked daily.

F. According to the CAWMP for Stephens Dairy, the facility is not certified for any
exterior lots.
G. On March 1 and March 13, 2001, staff observed cattle on an exterior lot at the
facility. On March 1, staff counted 102 cattle on the exterior lot. Staff observed
that the exterior lot was nearly devoid of vegetation. Staff observed evidence of
past discharge of animal waste and sediment from this lot to an unnamed tributary
to Mitchell River, which are Class C waters of the State in the Yadkin River
Basin.
H. A waste utilization plan (WUP) is a required component of an animal waste
management plan in accordance with G.S. 143-215.10C(e).
I. The WUP for Stephens Dairy states in part that a protective cover of appropriate
vegetation will be established on all disturbed areas including waste storage pond
embankments.
On March 1 and March 13, 2001, staff observed that there was a poor to non-
existent protective cover of vegetation on the waste storage pond embankments.
In addition, staff observed that cattle were fenced onto an area on top of the waste
storage pond embankment.
K. On these dates, staff also observed severe erosion and damage to the emergency
spillway and to two areas of the interior walls of the waste storage pond. In
correspondence from the Natural Resources Conservation Service dated January
4, 1999 and correspondence from DWQ dated May 31, 2000, Mr. Stephens had
been requested to establish vegetation on the embankments and to make repairs to
the spillway and the eroded areas of the waste storage pond embankments due to
the potential for compromising the integrity of the waste storage pond.
L. Records including testing of waste products and soil at crop sites and shall be
made available upon request to the Department of Environment and Natural
Resources pursuant to G.S. 143-215.10C(e)(8).
M. On March 13, 2001, DWQ staff requested a review of the facility's soil and waste
analyses records. Mr. Stephens failed to make available the requested records.
Mr. Stephens had also failed to make the records available during inspections in
1998, 1999, and 2000.
N. As of January 1, 1997, a certified operator in responsible charge is required to
operate an animal waste management system in accordance with I5A NCAC 2H
.0224 (a).
O. According to DWQ records, the certified operator in responsible charge of the
animal waste management system at Stephens Dairy resigned on May 2, 2000.

P. According to DWQ records, no certified operator in charge of the animal waste
management system has been designated at Stephens Dairy from May 3, 2000 to
April 18, 2001.
Q. The cost to the State of the enforcement procedures in this matter totaled $436.46.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Keith Stephens is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. A permit for this animal waste management system is required in accordance with
15A NCAC 2H .0217 and G.S. 143-215.1.
C. As defined at 15A NCAC 2H .0203(12), deemed permitted means that a facility is
considered as having a needed permit and being compliant with the permitting
requirements of G. S. 143-215.1(a) even though it has not received an individual
permit for its construction or operation.
D. The above -cited instances of exceeding the number of animals specified by the
CAWMP are violations of the 15A NCAC 2H .0217 non -discharge deemed
permit and G.S. 143-215.1.
E. The above -cited instances of cattle on an exterior lot not specified in the CAWMP
are violations of the non -discharge deemed permit and G.S. 143-215. L
F. The above -cited failures to establish a protective cover of vegetation on the waste
storage pond embankment as required by the WUP are violations of the non -
discharge deemed permit and G.S. 143-215.1.
G. The above -cited failure to make available records upon request is a violation of
the non -discharge deemed permit and G.S. 143-215.1.
H. For facilities permitted in accordance with 15A NCAC 2H .0217, an operator in
charge must be designated in accordance with 15A NCAC 2H .0224 (a).
I. The above -cited failure to designate a certified operator in charge of the animal
wastewater treatment facility violated 15A NCAC 2H .0224 (a).
J. Keith Stephens may be assessed civil penalties 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 may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.

•
K. Keith Stephens may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(4), which provides that a civil penalty of not more than ten
thousand dollars ($10,000.00) per violation may be assessed against a person for
failing to file, submit, or make available any documents, data, or reports required
by North Carolina General Statutes Chapter 143 Title 21.
L. The State's enforcement costs in this matter may be assessed against Keith
Stephens pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8)_
M. The Director, Division of Water Quality, pursuant to delegation provided by 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, Keith Stephens is hereby assessed a civil penalty of:
$ % a O O for _I of two (2) violations of 15A NCAC 2H .0217
and G.S. 143-215.1 by exceeding the number of animals
specified in the CAWMP
$ 11 o 00 for I_ of two (2) violations of 15A NCAC 2H .0217
and G.S. 143-215.1 by operating an exterior lot not
specified in the CAWMP
$ 1,000 for 1 of two (2) violations of 15A NCAC 2H _0217
and G.S. 143-215.1 by failing to establish a protective
cover of appropriate vegetation on the waste storage pond
embankment
$ S o O for violation of G.S. 143-215 by failing to make records
available
$ Soo for violation of 15A NCAC 2H .0224 (a) by failing to
designate a certified operator in charge for the animal waste
management system.
$ 5, oo a . no TOTAL CIVIL PENALTY, which is � �- percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 436.46 Enforcement costs
$ S, 4 3 Co . �tCQ 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 for the enforcement procedures.
- ►s-'ON -
(Date) Kerr T. Stevens, Director
Division of Water Quality

f
•
RE L UIT OF SERVICE
d Lat [his `N@a ! CE OF ; SE- RV''JCwasYz ecezvedvra�ti �e day of 2001
:,gttk ter with the document(s) was s, rved as follows:
I
1 nn aced Recipient: Mr. Keith Stepher
lace of Service: 140 Lakeview Drivt
State Road, NC 28( 76
1y personalsy Deliveriug to the Designated Recipi mi >; xn;:ki abo v 4 a ci
t 6,P No—icc of Scr�riYe and Orib;..n 1 ? rette-
B r leaving a copy of the Notice f Service and orig. n°J _etiL L - '.t
U.; L 6: ;l placc of abode -of the Dts• , iated ltecipieut f1.3mc"I a6vvc eNilil a jjui,cuu vi
.�i`able age and discretion then residing :herein. Write the name o:- die peiso,i w� li
z the copies were f elow.
-_- Designated Recipient WA 3 NOT served for the Mowing reason:
--U,76 ZY COUNTY, NORTH C kROLINA
�`�tce_-F4e k?ai Pr.
i
,.-- x:: tti ned —
NAME OF SHER1 FF
r
DEPUTY SHERIFF M1 AKING RETT IRn
I

1a:38 919-733-0059 NON-DISCHAF'GE COMP PAGE D t,
A 'YlY
4 f,
PP }TT}rr $�\��j, ITS ��j\ 4
1 1� A UP, V1 SL11 T C1" LI
I.
that this NOTICE OF SERVICE was received on the day of 2001 r
_C: togeti ter with the document(s) was sl rved as follows:
Designated Recipient: Mr. Keith Stephet 3
;'Luce of S ervice: 140 Lakeview Drivk
_ State Road, NC 2$t 16
_ iIy personally Delivering to the Designated Recipient riwntd ab(ivc a copy of
14e Notice of Service and Original Lette .
B � leaving a`copy of the Notice � f Service and original Lettcr at tl.e dweIIJji
. !'..'.4e Cad• L sual place oI anode of the Des', ,iiated kecipiefit l imed aL,Ovk� With a pef Suit O
=.citable a;;e and discretion then residing Therein. Write the name of the person with
0,—= the copies were f elow.
Designated Recipient WA 3 NOT served for the following reason:
`ii_„1R ZY COUNTY, NORTH C AROLINA
`service Fe e Paid
%?te Rece ived
;.;Ota med
NAME OF SHER)=^F e k /t%6
B y:&�� .L
,� �-� }�y}�'. � 4•� ,:.� ..Y.� DEP[I'I'X 5HI3RJFF M AKING RETL?Riv
U 2U61
r

1
919-733-0059
i
,STATE OF NORTH CAROLINA
k NT'( OF SURR'Y
f
I
" TUPE D 1ATTER OF )
EET.iEINS, )
NON-DISCMAF'GE COMP
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
FILE # PC 01-013
:: J: SUR�7R, Y COUNTY
y SHERIFF'S - )FFICE
-: }S .i OFFICE B OX 827
D:,,BSON, NC 27017
N01 ZCr r-IF SFPVICE
,
PAGE p3
""U AR"' HEREBY REQUESTED to : -rve the attached L etter in the above entitled
;>ction on the individual listed below:
.v r. Keith Stephens
;40 Lake•liew Drive
Ttate Roa 1, NC 28676
A=s the _ 27th day of June 2001.
By: .:2..... G
Steven --. Lewis
Enviro mental Specialist
NC De ►artment of Enviro iment and Natural Resources
Divisic x of Water Quality
1617 N ail Service Center
Raleigl , NC 27699-1617
(919) 7 t3-5083 ext_ 539
III fin
t �t s z °:.J,,.
a
f�
n
�I
"Gr
li•
;I
i
i
i
I
I i

e'NA7-F
Gr ` RAG Michael F. Easley
Governor
rWilliam G. Ross Jr., Secretary
> __j Department of Environment and Natural Resources
5 Kerr T. Stevens
Division of Water Quality
Division of Water Quality
May 25, 2001
CERTIFIED MAIL 7099 3400 0006 9313 7151
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Complaint Investigation
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This letter is to summarize an inspection/investigation that was performed at your facility as a result of
an anonymous complaint received by the Surry County Soil and Water Conservation District (SWCD) Office on
May 9, 2001 alleging over -application of animal waste. As required by law, Surry SWCD forwarded the
complaint information to our office. On May 10, 2001 Melissa Rosebrock of the Division of Water Quality's
(DWQ) Winston-Salem Regional Office performed a compliance inspection at your farm to investigate the
allegations. Surry SWCD staff was also present during the investigation.
While DWQ staff found no evidence of improper or over application of animal waste, there were other
concerns that continue to warrant your immediate compliance. Please note the following items:
1. On the date of the complaint investigation, Staff counted at least 336 confined cattle at the dairy. An
additional, 128 dairy cattle were also observed on exterior lots. This is a total of 464 cattle being
maintained on a facility that is only certified for 250. Note also that the total number of dairy
cattle at this facility is at least 84 more than was counted during your compliance inspection of
March 13, 2001. A review of the farm's milk production records on the date of our investigation also
shows that approximately 1,000 more pounds of milk is being picked -up daily since the March
compliance inspection (see March 21, 2001 NOVINOI). You are, again, in continued violation of
your CAWMP, deemed permit, and NCGS 143-215.1. Our records also indicate that you were
previously cited for exceeding certified animal numbers (see 1998 and 2001 DWQ Notice of Intent
to Enforce).
2. As stated above, at least 128 cows are being maintained on exterior lots. Your CAWMP does not
permit the use of exterior lots. These lots continue to be completely denuded and in need of
maintenance and repair. Additionally, buffered areas between the denuded, exterior lot and waters of
the State are without adequate, permanent, vegetation.
Ni=' E_NR
Customer Service Division of Water Quality / Water Quality Section
1 800 858.0368 585 Waughtown Street Winston-Salem, NC 27107 �� ,,J �✓'
Phone: [phone] Fax: [phone] Internet: http://wq.ehnr,state.nc.us

Stephens Dairy
May 25, 2001
Page 2
Our records also indicate that you were previously told to remove cattle from these exterior lots or to
have the CAWMP revised to include their use (see 1999, 2000 SWCD Operational Review, 2000
DWQ Compliance Inspection, and 2000 and 2001 DWQ NOVINOI). The above concerns are
continued violations of your CAWMP and deemed non -discharge permit.
3. Our investigation noted that some repairs had been made to the waste storage pond dam and spillway
area. Grading of previously damaged areas was also observed, as well as the application of straw to
the disturbed areas of soil. No permanent vegetation was evident yet on the denuded areas of the
waste storage pond dam.
4. The waste storage structure still lacks an adequate maximum liquid marker (see 1998, 1999, 2000
SWCD Operational Reviews and 1997, 1998, 1999, 2000 DWQ Compliance Inspections, and 2000
and 2001 DWQ NOV/NOI and t999 Burchette/Canner letter).
The Winston-Salem Regional Office is considering recommending another enforcement action against
you for the above referenced violations. If you have justification that these violations are caused by
circumstances beyond your control, or you have an explanation that you wish to present, please respond in
writing within fifteen (15) days following receipt of this notice. The Winston-Salem Regional Office will
review your response and forward it to the Water Quality Section Chief with the enforcement package. In the
absence of any justification, the Regional Office will recommend that an enforcement action be taken against
your facility. Be advised that North Carolina General Statutes now provide for penalties of up to $25,000
per day per violation as well as criminal penalties for violations of state environmental laws and
regulations.
Please address your response to my attention at the address shown on the letterhead. If you have any
questions concerning these matters, please contact Melissa Rosebrock or me at [phone].
Sincerely,
/LI-J Larry D. Coble
Water Qualify Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer — DSWCD WSRO
WSRO Facility Files
Central Files

rol
•
Sheriff Connie Watson
Sorry County Sheriffs Office
210 North Main Street
Dobson, N.C. 27017
SUBJECT. NOTICE OF SERVICE
Keith Stephens
Dear Sheriff Watson:
Please serve the attached Notice of Violation as follows:
Keith Stephens
Stephens Dairy
140 lakeview Drive
State Road, NC 28676
•
Michael F. Easley
Governor
William G. Ross Jr„ Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
,tune 14, 2001
It is our understanding that because we are a State agency, no fee is required for this
service. We would appreciate your returning the completed Return of Service form in the return
envelope provided herein.
The Water Quality Section appreciates this assistance from your department.
Il'you should have any questions or require additional infi�rin tic:;, p1,-ase ;on tact Melissa
Rosebrock at [phone].
M R/vin
Sincerely,
Larry D. Coble
Water Quality Supervisor
Attachments
� WSRO
MENOR
Customer Service Division of Water Quality / Water Quality Section
1 Soo 858-0368 585 Waughtown Street Winston-Salem, NC 27107
Phone: [phone] Fax: [phone] Internet: http:llwq.ehnr.state.nc.us

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE was received on the
12000, and together with the Civil Penalty
ST ce on the
200q, at the following place: lqo Lzm-"tom 'Dq- , .ST Ti
(Fill in address where copy delivered)
By:
(Serving Officer)
Check one of the following:
REC:E!VED
Dept. of EF•INA
JUN 2 8 2001
nston-Salerr1
...�Onal Office
Day oI'
Assessment was served as follows:
lQ.Yof,
Personally delivering copies to the named individual;
--zLeft with S'�ePO(XA✓S , who is a person of suitable age discretion and
who resides in the named individual's dwelling house or place of business.
if not served on the named individual, state reason:
f5w/.rJ<Fl�ft"/�S/iV County Sheriff; Ic ) (eD
(Sheriff Signature) (bate)
Fee $: Waived (State Agency)
Please return this form to:
NC Dept. Of Environment and Natural Resources
Water Quality Section
595 Waughtown Street
Winston-Salem, NC 27107-2241
Paid by: NIA

NORTH CAROLINA•
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES
WINSTON-SALEM REGIONAL OFFICE
TO:
FAX NUMBER:
FRUM:
DATE:
FAX TRANSMITTAL
Division of Water Quality
585 Wau�htown Street
Winston-Salem, NC 27107
Phone: [phone]
k4CDENR
Fax: [phone]
1/�- 733, DOS<
MAN
r
Number of pages (including cover page): C;L _ _ _
AIYr` RR_6 C 60N4/4 rc

Revised F&D for Stephens' Dairy
Subject: Revised F&D for Stephens' Dairy
Date: Fri, 27 Apr 2001 09:24:52 -0400
From: [e-mail]
To: Melissa Rosebrock <Melissa.Rosebrock@ncmail. net>
Melissa - I made major revisions to the F&D. Please check the Findings of Fact for any errors, (i.e. would
you swear in court that all those statements in the Findings are true?)
10 JHere's my reasoning for the changes I made to your F&D. ,
J1) He's deemed permitted.
2) A CAWMP is required to be deemed permitted according to the .0217 rules. Deemed permitted is
Jdefined as being compliant with 143-215.1 (even though you don't have an individual permit).
-�3) A waste utilization plan (WUP) is a required part of a CAWMP.
4) His CAWMP is for 250 cattle. He had 380. 2 days (March I and March 13), two violations of .0217
4.and 143-215. I. Don't know if Tommy would assess for both days or just one.
) His CAWMP does not allow exterior lots. 2 days, 2 violations. Same as 4).
Jai 6) The WUP does not address waste coming off the concrete lot or feed and bedding getting to the drain.
Definitely bad management, but not violations. 143-215.10E says that employees of state and local
government are required to report the violations. Does not say the owner is required to.
7) Erosion of the embankments and spillway. WUP only says that must be inspected regularly for erosion.
/Does not say you have to fix it or properly operate and maintain. I know it's stupid.
8) WUP does say that a protective vegetative cover will be established. 2 days, 2 violations. See _ 4).
9) No records when you requested them on March 13. 1 violation. He had Some Q ppt i ea-f O i rec.6d& 110 50i 1 fe54s.
•� 10) No designated operator. 1 violation. tAp- %S Cer-Vr�M--k13US4 ho.5A SeVt+ `tn4hede-slq hah'onvtrw,
.� 1 l) The WUP does not require a lagoon marker. No violation. (At Mr. Stephens' dairy in Iredell o., the
WUP does specifically require a marker.)
Talk it over with Larry and let me know what his recommendation is for penalties. Since we assessed
Stephens' dairy in Iredell this week, any penalty would be bumped up 20% if we use the penalty tree. Also,
Stephens' poor history (7 NOVs) and the length of time over which these violations have been occuring are
factors that Tommy will consider in assessment.
Name: 1—Stephens Dairy WSRO PC
01-013 F&D.doc
Stephens Dairy WS - 3 F doc Type: Winword File
(application/msword)
Encoding: base64
Download Status: Not downloaded with message
1 of 1 4/30/2001 12:00 PM

DEPARTMENOF ENVIRONMENT AND NATUIM RESOURCES
DIVISION OF WATER QUALITY
April 6, 2001
MEMORANDUM:
To: Jeff Po up
Frm: oD. Cobl"e
F� �u�
Melissa Rosebrock
Subject: Recommendation for Civil Penalty
Stephens Dairy #86-23
Surry County
The attached documents represent several years' worth of noncompliance observed at the
Stephens Dairy in Surry County. The violations observed at this facility range from operating
above certified numbers on two occasions, to unpermitted waste running off the site, to a waste
storage pond dam in need of immediate and extensive repairs.
Please acknowledge the numerous efforts by this office to prompt Mr. Stephens to abide
by his Certified Animal Waste Management Plan (CAWMP) and the environmental
requirements it contains. Note also the assistance of the Surry County Field Office in trying to
help Mr. Stephens deal with these matters over the years. Our facility files also document letters
(1998 and 2000) from the facility to the Winston-Salem Regional Office stating Mr. Stephens'
plans to addresses the concerns that we have noted.
The Winston-Salem Regional Office recommends that the Division seek a civil penalty
assessment. This request is based on the facility's lack of compliance and cooperation since 1998
and the most recent site visits conducted on March I and 13, 2001. Please note that this facility
was, again, found to be operating above cattle numbers specified in his CAWMP. The Winston-
Salem Regional Office considers this facility to be a continuing and immediate threat to the
environment. We request that you initiate appropriate action from your office and forward the
package to Tommy Stevens for his review.
The following items are being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) Two copies of a completed "Water Quality Enforcement Case Assessment
Factors."
C) Two copies of maps (topo and sketches) of the areas in question.
D) Photographs with descriptions.
E) Two copies of correspondence between the WSRO and the violator, including
"NOV/NOI 15-day letter." Violator did submit a response.
F) Two, signed, copies of the most recent DWQ Compliance Inspections.
G) Two copies of letter from NRCS outlining their previous assistance to
Stephens Dairy.
,�' 3 4/

Stephens Recommendation�Civil Penalty
April 612001
Page 2
Please contact Melissa Rosebrock in our office at [phone] x265 for any additional
information you may need.
Attachments
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Winston-Salem Regional Office Facility Files
Central Files

STATE OF NORTH CAROLINA
IN THE MATTER OF
KEITH L. STEPHENS
FOR VIOLATION OF
15A NCAC 2H .0217 AND
G.S. 143-215.10
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No.???
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
111110 1 W J kili01_0IORKII;W.-Te"
A. Keith L. Stephens owns and operates Stephens Dairy in Surry County.
B. The Stephens Dairy was deemed permitted as a nondischarge facility on February 1,
1993 in accordance with 15A NCAC 2H .0217.
C. On March 1, 2001 and March 13, 2001 DWQ staff inspected the Stephens Dairy. On
both occasions Keith L. Stephens was found to be operating Stephens Dairy above
the number of cattle specified in the facility's CAWMP.
D. On March 13, 2001 DWQ staff inspected the Stephens Dairy. Mr. Stephens failed to
have available adequate waste application records, nor any soil and waste analyses.
E. On March 1 and March 13, 2001 cattle were observed on an exterior feed lot,
expressly prohibited by the facility's CAWMP.
F. On March 1 and March 13, 2001 DWQ staff observed a large amount of animal
waste coming off the concrete lot that was not being contained or directed into the
waste storage pond as per the CAWMP, non -discharge deemed permit, and G.S.
143-215.10E.(a)(5).
G. On March 13, 2001 feed and bedding containing animal waste was observed
discharging into a freshwater surface drain which is a violation of the facility's

�J
CAWMP, non -discharge deemed permit, and G.S. 143.215.10.
H. On March 1 and March 13, 2001 the waste storage structure and spillway was
damaged so as to compromise the integrity of the dam and pose an immediate threat
to the environment.
1. On March 1 and March 13, 2001 the animal waste storage structure lacked an
adequate maximum liquid marker per the CAWMP and non -discharge deemed
permit.
J. Waste from the Stephens Dairy waste storage structure was applied to land that was
not in the CAWMP. These fields also Iacked signed property agreement forms.
K. The cost to the State of the enforcement procedures in this matter totaled $436.46.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Keith L. Stephens is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A Certified Animal Waste Management Plan and permit are required for this
animal waste management system and is required in accordance with 15A NCAC
2H .0217 and G.S. 143-215.10.
C. Operating above the number of animals specified in the CAWMP is a violation of
G.S. 143-215.10, the CAWMP, and deemed permit.
D. Records including testing of waste products and soil at crop sites, and waste
utilization plans, shall be made available upon request to the Department of
Environment and Natural Resources pursuant to G.S. 143-215.1OC(e)(8).
E. The above -cited instances of failure to make available records upon request are
violations of the 15A NCAC 2H .0217 non -discharge deemed permit and G.S.
143-215.10.
F. Failure to abide by the CAWMP and all of its provisions is a violation of the non -
discharge deemed permit and G.S. 143-215.10.
G. Failure to properly operate and maintain an animal waste holding structure is a
violation of the non -discharge deemed permit and G.S. 143-215.10.
H. Keith L. Stephens may be assessed civil penalties in this matter pursuant to
N.C.G.S. 143-215.6A(a)(4), which provides that a civil penalty of not more than

M
ten thousand dollars ($10,000.00) per violation may be assessed against a person
for: operating above certified animal numbers; failing to maintain the structural
integrity of a waste storage structure; and failing to file, submit, or make available
any documents, data, or reports required by North Carolina General Statutes
Chapter 143 Title 21.
I. The State's enforcement costs in this matter may be assessed against Keith L.
Stephens pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
The Director, Division of Water Quality, pursuant to delegation provided by 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:
DECISION:
Accordingly, Keith L. Stephens is hereby assessed a civil penalty of:
for ___. of 1 violations for -failing to make available
documents required by G.S. 143-215.10.
$ for _ of 2 violations for failing to maintain the structural
integrity of an animal waste storage structure as required by
G.S. 143-215.10.
$ for _ of 2 violations for failing to operate an animal
operation at or below certified numbers as required by G.S.
143-215.10.
$ for of 8 violations for failing to abide by the
CAWMP and deemed permit as required by G.S. 143-
215.10.
$ TOTAL CIVIL PENALTY, which is percent of
the maximum penalty authorized by G.S. 143-215.6A.
$ 436.46 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. 14313-282. 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 for the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

0
•
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type:
Violator: Keith Stephens (owner)
Address: 140 Lakeview Drive
State Road, NC 28676
Surry County
Responsible Party: Keith Stephens
Regional Office: Winston-Salem
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 violations:
The past discharge off the denuded, exterior lot has caused the introduction of an unknown
amount of nutrients and sediment into the receiving waters, that will cause or add to the
possibility of algal blooms and accelerated eutrophication of the waters of the receiving stream.
The increased numbers of animals has greatly impacted the condition of the exterior feedlot,
accelerating the rate of soil and waste run-off.
The increased number of cattle has greatly impacted the holding capacity of the waste storage
pond, which is in extremely poor condition already. Since the operator has no soil or waste
analysis records, it is difficult to determine whether the plant available nitrogen limit per field has
been exceeded during the application of animal waste.
2. The duration and gravity of the violations:
Based on observations during the investigation by DWQ and Surry County SWCD/NRCS staff,
the waste has been running off the unapproved exterior lot during rain events for at least two
years. This is based on inspection reports and site visits performed since 1999. Surface
conditions exist that allow for a continued discharge of soil and waste from the exterior lot
during rain events.
3. The effect on ground or surface water quality or quantity or on air quality:
Unknown. To date, there have been no substantiated reports of downstream impacts outside of
the area of investigation. This office has received several phone calls, however, regarding alleged
animal waste odors from the creek in the vicinity of this operation.
4. The cost of rectifying the damage:
Unknown. Costs would involve repair to the dam, additional berms around the concrete lot,
repair of the stock trails, cost of soil/waste analysis, and grading/seeding of the denuded exterior
lot.

5. The amount of money saved by noncompliance:
Unknown
6. Whether the violation were committed willfully or intentionally:
We believe these violations to be committed willfully and intentionally. Mr. Stephens has been
notified several times since 1998 for violations of his Certified Animal Waste Management Plan,
including a 1999 NOV/NOI for previously operating above certified numbers. These
notifications have always described the violations and specifically what was needed to rectify the
problems.
7. The prior record of the violator in failing to comply with programs over which the
Environmental Management Commission has regulatory authority:
1997 (November) - DWQ NOD issued for inadequate freeboard and poor condition of storage
pond.
1998 (February) - DWQ NOV issued for zero inches of freeboard.
1998 (November) - DWQ NOV/NOI issued for exceeding certified number of 150. Regional
office investigates and reports that there are 240 animals on site. Operation is also found to not
have a CAWMP or a certified operator. Dam is found to be denuded and eroding.
1999 (November) - DWQ NOV issued for Invalid Operator's Certification. Operator is also
warned to obtain a revised CAWMP prior to stocking additional animals.
2000 (April) - DWQ NOV issued for failure to keep adequate waste, application, and soil
records. Operator is also notified of violations involving run-off of soil/waste from concrete lot;
erosion of storage pond dam; lack of maximum liquid market; and poor stock trail conditions.
Response to DWQ "10-day letter" not received until June 15, 2000.
2000 (May) - DWQ/NOI issued for inadequate response to April 2000 NOV. Operator is also
told that the exterior lot is a violation of his CAWMP. This correspondence reiterates violations
involving lack of soil, waste, and application records. Problems with the stock trail, condition of
the dam, and lot run-off are also noted. Operator is again told to install a maximum liquid
marker.
2001 (March) — DWQ NOV/NOI issued for exceeding certified numbers, again. Previously
mentioned violations (see above) are noted in the NOV/NOI. An additional source of
unpermitted discharge is also noted. Operator has still not obtained any soil or waste analyses.
8. The cost to the State of the enforcement procedures:
Central Office Review and Processing = $ 100.00
12 hours by investigator for investigating and
drafting reports) @ $21.34/hr. = $ 256.08
Mileage @ 0.31 per. mile for 98 Miles. = $ 30.38
1.0 hour by Water Quality Regional Supervisor
for review @ $ 36.00/hr. = $ 36.00
1.0 hour for clerical support @ $14.00/hr. — S 14.00
Total = $ 436.46

9. Type of violator and general nature of business (i.e. individual vs. large corporation):
Individual landowner of dairy operation.
10. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance:
To date, owner has only: 1) obtained his animal waste applicator's license (2000) and 2) installed
electric fencing around exterior lot, approximately 100 feet from the creek.
11. Mitigating circumstances:
None.
12. Owner of property where the discharge occurred:
Keith Stephens
13. Pictures of discharge (optional):
Digital photos depicting various violations are attached. Violations include the past discharge of
unpermitted soil and animal waste from the exterior lot to a UT to Mitchell River, discharge of
waste from the concrete lot, the use of an unapproved exterior lot, and a severely damaged waste
storage pond dam without an adequate waste level marker.
14. Assessment Factors:
a) IWC: As no discharge flow into the unnamed tributary to Mitchell River existed at the time
of the investigation this is not applicable.
b) Receiving stream: Unnamed tributary to Mitchell River, Class C Waters of the State.
c) Damage: None observed.

CERTIFICATION PAGE
I CERTIFY THAT THE INFORMATION IN THIS REPORT IS TRUE TO THE BEST
OF MY KNOWLEDGE.
M. Melissa Rosebrock

Yl

Ex
•
Frae54-all Pia ry)
-rA�'al %vki6n4-onm
yt , tpaxtar
1 4 W-- 5
ton
pt-
Wtg- f'6M , Surma
e- n u a e-. ro t VI
-to-O-e-6 o r-
SOi s
S+e-p b
4 ;2- 3
Surr,

ul-3 N211:72�
....
# michael F. E cicy, GONTMOr
RnSc Jr_. Secremm
CERTIFIED MAIL 7099 3400 0006 9313 7472
RETURN RECEIPT REQUESTED
Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation
Notice of intent to Enforce
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
DENR
Division of Wate; Quality
March 21. ?001
On March 1, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem
Regional Office performed a compliance inspection at the Stephens Dairy in Surry County. Tony
Davis of the Surry SWCD was also present during the inspection. This inspection .was performed as a
result of a complaint received by the Division of Water Quality's Winston-Salem Regional Office
alleging excessive odor from the farm, over -application of animal waste and the confining of more
than the certified number of cattle. Another compliance inspection was performed March 13, 2001 by
Ms. Rosebrock. Both Mr. Davis and Mr. Greg Gains with the Surry SWCD/NRCS were present
during the second compliance inspection.
Staff noted several violations and concerns regarding animal waste storage and handling on
your farm that require your immediate attention. The following items should be addressed in your
response:
1. On the date of the complaint investigation, Staff counted a minimum of 271 confined
cattle at the dairy. Per an employee at the dairy, approximately 350 were being milked
daily. On the date of the compliance inspection, it was noted that 380 cows were being
milked on a daily basis. A review of the farm's milk production records also revealed
that approximately 23,000 pounds of milk is picked -up daily which is consistent with a
herd size of approximately 288 to 460.
Per your Certified Animal Waste Management Plan (CAWMP), you are only certified
for 250 cattle. Our records also indicate that this operation has previously been cited
for exceeding certified numbers (see 1998 DWQ Notice of Intent to Enforce). You
are, again, in violation of your CAWMP, deemed permit, and NCGS 143-215.1.
Sus Watlgiitown Street. Winston-Salem. North Caroiina 2710772-741
i;none: 336 — 771-46001 FAX: 336 —171-46301 interne:: �vww.en-_sta.e.nc.usr=,vk' � 3 �r
AW=QUAL OPPORTUNITY 1 AFFIRMATIVE ACTIO\ EAVLOYER - RECYCLED / Itl:-'- DUST

Stephens. Dairy.
March 21 2001
Page
2. On the date -of the complaint inspection, at least 102 cows were being kept on an
exterior, late lactation lot. four CAR'MP.does not permit the use of ek-terior
lots." Furthermore, this lot is completely denuded and• is in nei keed of ensive
maintenance and repair. Additionally, buffered areas between the denuded.
exterior lot and waters of the State are without adequate vegetation. This situation
has allowed for past discharges of animal waste and soil off the lot during rain
events, down a 50-foot channel, and into an unnamed tributary to the Mitchell
River (Class C waters).
Our records indicate that you were previously told to remove cattle from this
exterior lot or to have the CAWMP revised to include its use (see 1999, 2000
SWCD Operational Review, 2000 DWQ Compliance Inspection, and 2000 DWQ
NOV/NOI). A letter written by Talley Stephens on your behalf (May 12, 2000)
stated that the cows were to be moved from this exterior lot into a pasture that had
been leased. The above concerns are continued violations of your CAWW
and deemed non -discharge permit
I A large amount of animal waste was observed coming off the concrete lot of the
freestall barn next to the milking parlor. The discharge has occurred as a result of
the waste not being contained on the concrete when the lot and barns are scraped
and during rain events. Consequently, ,the stock trail adjacent to the freestall barn
also needs extensive maintenance and repair. Additionally, the current situation
allows for a potential discharge of unpermitted waste from the concrete lot, onto
the exterior lot, and into the UT to Mitchell River during rain events (see 1999
SWCD Operational Review, 2000 DWQ Compliance Inspection, 2000 DWQ
NOV/NOI and 1999 Burchette/Canner letter to Mr. Dick Everhart). This is a
continued violation your CAWMP and deemed permit.
4. Feed and bedding containing animal waste was also observed to be getting into a
freshwater, surface drain near the sick cow barn. The waste is being discharged
onto the denuded, exterior lot. The situation allows for the potential of an
unpermitted discharge of waste into surface waters of the State, particularly if
conditions deteriorate further. The discharge of feed and bedding is a violation
of your CAWW.
5.- The interior of the waste sforage pond (southeast corner) adjacent to the milk -
parlor barn is severely damaged due to unfinished repairs, erosion, and poor
maintenance. This area of the dam was to have already been re -seeded and
repaired (see 2000 DWQ Compliance Inspection and 2000 DWQ NOV/NOI). The
damage is now compromising the integrity of the dam and poses an immediate
threat to the environment. This is a continued violation of NCGS I43-215.10E.

r
' ~
� f � Stephens Dairy
March 21.2001
Paue
6. The northwest comer of the dam continues to have sediment eroding into it from
=tile : iiew''- freeslall barn: site • (see `'?000 DSVA.'C Operational Review/D)VQ
Compliance Inspection, and;2000 DV+'Q NOV/NOI and 1999 Burchette/Cartner
letter): The darriaae is compromising the integrity of the 'dam and poses an
immediate threat to the environment. This is a continued violation of NCGS
7. A visual inspection of the operation also revealed that cattle are being confined in
a fenced area on the upper, inside slope of the darn_ Cattle are to be removed from
this ' northeast corner of the waste storage pond immediately. This area is
completely denuded and is to be re -vegetated as soon as possible. This is a
violation of vour CAWIVIP and deemed permit
8. The waste storage structure still lacks an adequate maximum liquid marker (see
1998, 1999, 2000 SWCD Operational Reviews and 1997, 1998, 1999, 2000 DWQ
Compliance Inspections, and 2000 DWQ NOV/NO1 and 1999 Burchette/Cartner
letter). This is a continued violation of your CAWMP, deemed permit, and
NCGS 143-215.1
9. It was difficult to accurately determine the freeboard for the waste storage pond
due to extensive damage and erosion on the spillway. Repairs need to be made
immediately. Note that you were previously copied on a letter stating that these
repairs needed to be made (see 1999 Burchette/Cartner letter). Non -maintenance
of the spillway is a violation of your CAWMP and deemed permit.
10. Waste from the animal waste storage pond has been applied to fields not in your
CAWMP. These fields are also lacking signed "Property Agreement" forms. This
continued violation of your CAWMP and deemed permit was also noted last
year (see 2000 DWQ Compliance Inspection and 2000 DWQ NOV/NOI).
11. While reviewing the farm's waste application records, it was noted that no animal
waste or soil analyses have ever been performed for this' facility. Additionally,
waste application records for 2001 need to. be updated. This is a continued
violation which has previously been brought to your attention (see 1999, 2000
SWCD Operational Reviews' and 1999, 2000 DWQ Compliance Inspections, and
2000 DWQ NOV/NOI). Failure to have complete records is a violation of
NCGS 143-215.3 and your CAVVMP, your deemed permit.

Stephens Dairy
March ? 1. 2001
Pane 4
The)vVinston-Salem Regional Office is considering recomrnendini an enforcement action
againti you far the above referenced violations. If you have justification that these Violations are
caused by circumstances beyond your. control, or you have an explanation that you wish to
present, please respond in writing within fifteen (15) days follo-wing receipt of this notice. The
' inston-Salem Regional Office will review vour response and fom-ard it to the Water Quality
Section Chief with the enforcement package.
1n the absence of any justification, the Regional Office will recommend that an
enforcement action be taken against your facility. Please address your response to my attention at
the address shown on the letterhead. Be advised that North Carolina General Statutes
provide for penalties of up to $10,000 per day per violation as well as criminal penalties for
violations of state environmental laws and regulations.
If you have any questions concerning this matter, please contact Melissa Rosebrock or
me at [phone].
Sincerely,
� 0 . C.4--E.
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer — DSWCD-WSRO
WSRO-Facility -Files
Central Files

USDA United States Natural Resources P. 0. Box 218
Department of Conservation Dobson, NC 27017
Agriculture Service _ Telephone:[phone]
To: Melissa Rosebrock
From: Richard Everhart Y-��
Subject: Keith Stevens Dairy
Following is a list of the assistance with dates provided to Keith.
Assistance
Provided Animal Waste Management Plan certification
covering the collection, storage and runoff control sections
for 150 dairy cows.
Provided Animal Waste Management Plan certification
for 250 dairy cows.
Met with Keith to discuss further expansion of the dairy
to 400 dairy cows. We had already completed a soils
investigation and site survey, but still needed a completed WUP
from NC Cooperative Extension Service.
March 21, 2001
RECEIVED
N.C. Dept. of E NR
APR 0 3 '2001
Date
12/9/1997
3/1 /1999
1 1 /4/1999
On 9/27/00 Keith requested an expansion to 500. We 10/1 1 /2000
followed up with a letter outlining what he would need to
provide before we could proceed. This included locating adequate
acres for waste application and a new soils investigation because a
building pad had been graded over the borrow area for the previously
planned waste storage pond.
This outlines only highlights of the assistance provided relating to certification. If you
have questions or need additional information please let me know.
A

Severely damaged waste storage pond wall.

Fenced area for additional cattle. Note new barn and denuded embankment.

Newly fenced area for cattle on top of the waste storage pond. Note denuded embankment.

Cattle are fenced onto waste storage pond. Area is damaged and void of vegetation.

Smaller of two new cattle barns for additional cattle. Note waste
running off lot into the waste storage pond, eroding inside of dam.

Waste from freshwater surface drain. Note also the larger of the two new barns
for the additional cattle, damaged spillway and damaged waste pond wall.

�� 4� .
-� �. ,
.i. g,� .
. , -.
_ ._ - �—r.:.:��_
e _r .� ,,.
r - .w-,. � - --
..
_ _.. m_. .,,- -'�,_ -.� w-'.. pw,.a,. -.
. _ _ .- ._ _
.,,_
.. r... - -�.�.
_
_�
_. _ v. _
.. =
---.�.T.. --
- ,.�� - -
_ - -
� .�, � .0 � ,M � `
_ .5.E
- _
_.. _ ti y
.�.�
��
� �_. _
� a -.. � t ,,,.. � - -
��
._ _ � ..
_. � _ � ���--.� �r �
.. 'X4� � J: � x. /�-�-� „` t '�. �.' `mil �- � '
..
,— .. _� ,
�.� .» - _may {_
-Y
y' �..�,�.��.' , .
"" •fir -�._ .. �"„�5�� ?` � f� .�.. � _ Y � F ._ w
^ �
. r y�
--. - 'yam
� ^. � ��} r sx.�'c„ -..
S
y v � t ,ems `` �'�,.
^ � � _ -, s�
. .R l - -
..
_. � � .� -.0 q} .
_ _ .. .. �,_ S� �'"
� ,. ' -�
` r_ rdrT�.�` Y, M .� ; ��� � L ��)iSJ ��.�i,. � � �h3\#� .f �'� �5+. � .�,-�S �„ .,3 � ��_� �_,

I

e
i
>c
w v
Y
n.
_ ter.

"
s _
1
,
v
i
x 7
XF'

.'°. �►.. E.:'+—r . �^� � ,. .:a. _ � � �s�.,'' 9� �� � 4 � r �ter+ .

Ng
Waste and soil enter UT to Mitchell River here.
Sediment in stream.

•
USDA United States Natural Resources P. O. Box 218
Department of Conservation Dobson, NC 27017
Agriculture Service _ _ _ _ Telephone: [phone]
To: Melissa Rosebrock
From: Richard Everhart Y-��
Subject: Keith Stevens Dairy
Following is a list of the assistance with dates provided to Keith.
Assistance
Provided Animal Waste Management Plan certification
covering. the collection, storage and runoff control sections
for 150 dairy cows.
Provided Animal Waste Management Plan certification
for 250 dairy cows.
Met with Keith to discuss further expansion of the dairy
to 400 dairy cows. We had already completed a soils
investigation and site survey, but still needed a completed WUP
from NC Cooperative Extension Service.
March 21, 2001
RECEIVED
N.C. Dept. of EHNR
APR 0 3 2001
Winston-Sri`:ern
Regional Gif-hce
Date
12/9/1997
3/1 /1999
1 1 /4/1999
On 9/27/00 Keith requested an expansion to 500. We 10/11 /2000
followed up with a letter outlining what he would need to
provide before we could proceed. This included locating adequate
acres for waste application and a new soils investigation because a
building pad had been graded over the borrow area for the previously
planned waste storage pond.
This outlines only highlights of the assistance provided relating to certification. If you
have questions or need additional information please let me know.

NoniCarcdliI2
Department of Environmeni atural Resources.
? Iichael F. Easley, Governor
NN'illiam G. Rose Jr., 5ecretan-
CERTIFIED MAIL 7099 3400 0006 9313 7472
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation
Notice of Intent to Enforce
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
NCDENR
Division of Water Quality
March 21, 2001
On March 1, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem
Regional Office performed a compliance inspection at the Stephens Dairy in Surry County. Tony
Davis of the Surry SWCD was also present during the inspection. This inspection was performed as a
result of a complaint received by the Division of Water Quality's Winston-Salem Regional Office
alleging excessive odor from the farm, over -application of animal waste and the confining of more
than the certified number of cattle. Another compliance inspection was performed March 13, 2001 by
Ms. Rosebrock. Both Mr. Davis and Mr. Greg Gains with the Surry SWCD/NRCS were present
during the second compliance inspection..
Staff noted several violations and concerns regarding animal waste storage and handling on
your farm that require your immediate attention. The following items should be addressed in your
response:
On the date of the complaint investigation,'Staff counted a minimum of 271 confined
cattle at the dairy. Per an employee at the dairy, approximately 350 were being milked
daily. On the date of the compliance inspection, it was noted that 380 cows were being
milked on a daily basis. A review of the farm's milk production records also revealed
that approximately 23,000 pounds of milk is picked -up daily which is consistent with a
herd size of approximately 288 to 460.
Per your Certified Animal Waste Management Plan (CAWMP), you are only certified
for 250 cattle. Our records also indicate that this operation has previously been cited
for exceeding certified numbers (see 1998 DWQ Notice of Intent to Enforce). You
are, again, in violation of your CAWMP, deemed permit, and NCGS 143-215.1.
595 Waughtown Street. Winston-Salem. Nord; Carolina 27107-2241
Phone: 336— 771-46001 FAX: 336— 771-46301 intemet: �vw�ti .enr.state.n�.usrFNi�'
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER— 50-,;, R£CYC'LFD / 1{}1,10 POST C'O1,gS[1\€£'Ic

Stephens Dairy
March 21, 2001
Page 2
2. On the date of the complaint inspection, at least 102 cows were being kept on an
exterior, late lactation lot. Your CAWMP does not permit the use of exterior
lots. Furthermore, this lot is completely denuded and is in need of extensive
maintenance and repair. Additionally, buffered areas between the denuded,
exterior lot and waters of the State are without adequate vegetation. This situation
has allowed for past discharges of animal waste and soil off the lot during rain
events, down a 50-foot channel, and into an unnamed tributary to the Mitchell
River (Class C waters).
Our records indicate that you were previously told to remove cattle from this
exterior lot or to have the CAWMP revised to include its use (see 1999, 2000
SWCD Operational Review, 2000 DWQ Compliance Inspection, and 2000 DWQ
NOV/NOI). A letter written by Talley Stephens on your behalf (May 12, 2000)
stated that the cows were to be moved from this exterior lot into a pasture that had
been leased. The above concerns are continued violations of your CAWMP
and deemed non -discharge permit.
3. A large amount of animal waste was observed coming off the concrete lot of the
freestall barn next to the milking parlor. The discharge has occurred as a result of
the waste not being contained on the concrete when the lot and barns are scraped
and during rain events. Consequently, `the stock trail adjacent to the freestall barn
also needs extensive maintenance and repair. Additionally, the current situation
allows for a potential discharge of unpermitted waste from the concrete lot, onto
the exterior lot, and into the UT to Mitchell River during rain events (see 1999
-SWCD Operational Review, 2000 DWQ Compliance Inspection, 2000 DWQ
NOV/NOI and 1999 Burchette/Canner letter to Mr. Dick Everhart). This is a
continued violation your CAWMP and deemed permit.
4. Feed and bedding containing animal waste was also observed to be getting into a
freshwater, surface drain near the sick cow barn. The waste is being discharged
onto the denuded, exterior lot. The situation allows for the potential of an
unpermitted discharge of waste into surface waters of the State, particularly if
conditions deteriorate further. The discharge of feed and bedding is a violation
of your CAWMP.
5.. The interior of the waste storage pond (southeast corner) adjacent to the milk
parlor barn is severely damaged due to unfinished repairs, erosion, and poor
maintenance. This area of the dam was to have already been re -seeded and
repaired (see 2000 DWQ Compliance Inspection and 2000 DWQ NOV/NOI). The
damage is now compromising the integrity of the dam and poses an immediate
threat to the environment. This is a continued violation of NCGS 143-215.10E.

Stephens Dairy
March 21, 2001
Page 3
f. The northwest corner of the dam continues to have sediment eroding into it from
the new freestall barn site (see 2000 DSWC Operational Review/DWQ
Compliance Inspection, and 2000 DWQ NOV/NOI and 1999 Burchette/Canner
letter). The damage is compromising the integrity of the darn and poses an
immediate threat to the environment. This is a continued violation of NCGS
143-215.10E.
7. A visual inspection of the operation also revealed that cattle are being confined in
a fenced area on the upper, inside slope of the dam. Cattle are to be removed from
this northeast corner of the waste storage pond immediately. This area is
completely denuded and is to be re -vegetated as soon as possible. This is a
violation of your CAWMP and deemed permit.
8. The waste storage structure still lacks an adequate maximum liquid marker (see
1998, 1999, 2000 SWCD Operational Reviews and 1997, 1998, 1999, 2000 DWQ
Compliance inspections, and 2000 DWQ NOV/NOI and 1999 Burchette/Canner
letter). This is a continued violation of your CAWMP, deemed permit, and
NCGS 143-215.1
9. It was difficult to accurately determine the freeboard for the waste storage pond
due to extensive damage and erosion on the spillway. Repairs need to be made
immediately. Note that you were previously copied on a letter stating that these
repairs needed to be made (see 1999 Burchette/Canner letter). Non -maintenance
of the spillway is a violation of your CAWMP and deemed permit.
10, Waste from the animal waste storage pond has been applied to fields not in your
CAWMP. These fields are also lacking signed "Property Agreement" forms. This
continued violation of your CAWMP and deemed permit was also noted last
,year (see 2000 DWQ Compliance Inspection and 2000 DWQ NOV/NOI).
11. While reviewing the farm's waste application records, it was noted that no animal
waste or soil analyses have ever been performed for this facility. Additionally,
waste application records for 2001 need to be updated. This is a continued
violation which has previously been brought to your attention (see 1999, 2000
SWCD Operational Reviews and. 1999, 2000 DWQ Compliance Inspections, and
2000 DWQ NOV/NOI). Failure to have complete records is a violation of
NCGS 143-215.1 and your CAWMP, your deemed permit.

Stephens Dairy
March 21, 2001
Paae 4
The Winston-Salem Regional Office is considering recommendin, an enforcement action
against you for the above referenced violations. if you have justification that these violations are
caused by circumstances beyond your control, or you have an explanation that you wish to
present, please respond in writing within fifteen (15) days following receipt of this notice. The
Winston-Salem Regional Office will review your response and forward it to the Water Quality
Section Chief with the enforcement package.
In the absence of any justification, the Regional Office will recommend that an
enforcement action be taken against your facility. Please address your response to my attention at
the address shown on the letterhead. Be advised that North Carolina General Statutes
provide for penalties of up to $10,000 per day per violation as well as criminal penalties for
violations of state environmental laws and regulations.
If you have any questions concerning this matter, please contact Melissa Rosebrock or
me at {336) 771-4600.
Sincerely,
a C,v__
Larry D. Coble
Water Quality Supervisor
cc: DWQ Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham — DSWCD MRO
Marlene Salyer — DSWCD WSRO
AhSR0+gi61ity-F�lf i&
Central Files

Type of Visit O Compliance Inspection 0 operation Review U Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number 86 23 Date of Visit: 3113120Q1 Time: 1310
Not O erational 0 Below Threshold
13 Permitted 0 Certified © Conditionally Certified 0 Registered Date Last Operated or Above Threshold:............
Farm Name: StepbetDs.J tin'J:..........................................................................
Owner Name: Kteitb....................................... SUPhm ................................
Mailing Address: 1401AWdew.i.?irire.......................................................
Facility Contact: &M.,S1whteo ..............................................Title:.....
County: Sett:ry.................................................. .WStiO........
Phone No:
....... Stale.KQW..].![G..................................................... Z8.67.6t
... Phone No:
OnsiteRepresentative: Keith.51obvia.......................................................................... Integrator:.......................................................................................
Certified Operator: Keith.SteFhems................................................................................ Operator Certification Number: 2.4832 ............................
Location of Farm:
wy. 21 North of Elfin to Popular Springs Rd. Turn right on Fax Welborn Rd. off of Popular Springs Rd., turn left after
bridge and follow to the end.
❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude ®• 17 43 Longitude 1 80 • 48 14 4$ 66
Design Current
Design Current
Design Current
Swine Ca acit P,o ulation
Poultry
Ca acit Po ulation Cattle
Ca acit Po ulation
Feeder
❑Layer
®Dairy
250 380
Finish
❑ Non -Layer
❑ Non -Dairy
o Wean
o Feeder❑
PBoars
ethero
Finish
Total Designanneity
250
Total SSLW
350,000
Number of Lagoons r_ U I ❑ Subsurface Drains Present ❑ Lagoon Area JEJ Spray Field Area
Holding Ponds / Solitl Traps �1 ❑ No Liquid Waste Management System
Discharges X Stream Impacts
1. is any discharge observed from any part of the operation? ❑ Yes 0 No
Discharge originated at. ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ' ® Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ® Yes ❑ No
01/01/01 Continued

Facility Number: Sti-23 Ob Date of Inspection 1 3/13/2001
Write Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ® No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier: V� 1�.)PQMd..... ............
............................................................................................................................................................................
Freeboard (inches):...............20
..................................................................................................................................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ® Yes ❑ No
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan? Yes ®No
(If any of questions 4.6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement? ® Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenance/improvement? ® Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ® Yes ❑ No
Waste Application
10. Are there any buffers that need maintenance/improvement? ® Yes ❑ No
11. is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No
i
12. Crop type Sudex (Hay) Fescue (Graze) Rye
13. Do the receiving crops differ with those designated in the Certi ified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No
14. a) Does the facility lack adequate acreage for land application?' ❑ Yes ® No
b) Does the facility need a wettable acre determination? ❑ Yes ® No
c) This facility is pended for a wettable acre i determination? ❑ Yes ® No
15. Does the receiving crop need improvement? ❑ Yes ® No
16. Is there a lack of adequate waste application' equipment? ❑ Yes ® No
17.
Are rock outcrops present?
❑ Yes
❑ No
18.
Is there a water supply well within 250 feet of the sprayfield boundary? ❑ Unknown
❑ Yes
❑ No
Required
❑ On -site ❑ Off -site
Records & Documents
19.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
❑ No
20,
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
® No
21,
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
® Yes
❑ No
22.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
® No
23.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
® No
24.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
IN No
25.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
® No
26.
Does facility require a follow-up visit by same agency?
❑ Yes
® No
27.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
❑ Yes
® No
Qcloy hwo
28.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below
❑ Yes
® No
liquid level of lagoon or storage pond with no agitation?
29.
Are there any dead animals not disposed of properly within 24 hours?
® Yes
❑ No
01/O1/01
Continued

Facility Number: 86-23 Dof Inspection 311312fl01
30. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
roads, building structure, and/or public property)
31. Is the land application spray system intake not located near the liquid surface of the lagoon?
32. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.)
33. Do the animals feed storage bins fail to have appropriate cover?
34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover?
Printed on: 4/6/2001
❑ Yes ® No
[]Yes ® No
❑ Yes ® No
[]Yes ® No
❑ Yes ❑ No
Q No violations or deficiencies were noted during this visit, You will receive no further correspondence about this visit.
a
t ❑Field Copy ® Final Notes 0
Past discharge of soil and waste off the denuded, exterior lot to UT to the Mitchell River.
3. and #8. Feed and bedding waste is getting into a fresh/surface water drain by the sick cow barn and being discharged onto an exterior
lot.
. It was difficult to determine freeboard due to damage on and around the dam. Cows have been turned -out onto the upper, inside
slope, of the northeast corner of the waste pond and fenced in using electric wire fencing. Cattle need to be removed from dam
immediately. Vegetation needs to be established as soon as possible.
5. and #7. Dam is severely damaged and eroded in several places. Spillway area is also eroded and damaged. Soil from the new/larger
reestall barn area is also eroding into the waste storage pond. Extensive repairs need to be made immediately. Operator has been told o
his previously (see 2000 DWQ and SWCD reviews, 2000 DWQ NOV and NOI).
. Large quantity of animal waste is comming off the concrete lot onto the stock trail and denuded, exterior lot (see 2000 DWQ
inspection, 2000 DWQ NOV and NOI).
Marker is still not installed correctly. Operator was previosly told that he needed to install marker (see DWQ and SWCD reviews
1997-present, and 2000 DWQ NOV and NOI).
10. Vegetation in buffer area of exterior lot is very sparse. Need to re -seed buffer area to control run-off as soon as possible .
21. No soil or waste analyses were available for 1998-present. Operator has previously been told that he needs to take soil and waste
samples (see 1998, 1999 and 2000 SWCD reviews and 2000 and 2001 DWQ inspections, 2000 DWQ NOV).
27. Facility was operating above the certified number of 250 cattle on 311101. Facility was also operating above the certified number
on today's date. This facility has had previous problems with "being over certified numbers" (see 1998 DWQ NOI).
Cattle are still being kept on an exterior lot which is not allowed per the CAWMP. Operator has previously been told to to move cattle
off this lot or to have the CAWMP revised to include this lot (see 2000 SWCD and DWQ reviews, and 2000 DWQ NOV and NOI).
9. A dead cow was noted near the feed storage area. Operator says that the cow died yesterday and is to be picked -up by Lewis
Stevens today.
Reviewer/Inspector Name +Melissa osebrock
Reviewer/Inspector Signature: -1 � Date:
in
of/0I/01

Type of Visit Q Compliance Inspection O Operation Review Q Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
17
Facility Number 86 23 Elate. of Visit: 3/1/2001 'Time.: 1100
O Not Operational O Below Threshold
❑ Permitted a Certified [3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold:............
Farm Name: 5tcPhC0..T)A1rY..................... County: su rry..................................................1'.S'.SFO.......
........................................................................
Owner Name: Xglttl....................................... S.t ahells.................................................... Phone No: j3;36 ..46.8:216.4................
Mailing Address: 31.45..U.m&S.bWa.Ruutd.........................
.U.Won.fitvy.c.... N.0............................................... 1509 ..............
Facility Contact:...............................................................................Title:................ Phone No:
Onsite Representative: Gktrk.alti.I!'tat'.lsus................................................................... Integrator:.--....................................................................................
Certified Operator:Wtht...................................... Sloph,tKll,S........................................... Operator Certification Number:.........................................
Location of Farm:
Ilwy. 21 North of Elkin to Popular Springs Rd. Turn right on Fax Welborn Rd. off of Popular Springs Rd., turn left after A
)ridge and follow to the end. !
❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude 3b • 17 L 43 66 Longitude 80 • 48 { 48 f{
ign
Current
Design Current ' ', Design �s Current' `
Swine
Ca acit
Po elation
Poultry Ca acit Po elation Cattle Ca acit P,o u` llattion :.
❑ Wean to Feeder
❑ Layer
®Dairy
250
271
❑ Feeder to Finish
❑ Non -Layer
❑Non -Dairy
❑ Farrow to Wean
e
❑ Farrow to Feeder
❑ Other g
❑ Farrow to Finish
in Design C►apacity 250
❑ Gilts
❑ Boars
TOtai SSI.VV 350,000
Number of Lagoons 0 ❑ Subsurface Drains Present ❑ Lagoon Arta ❑ Spray Field Area
Holding Ponds /Solid Traps 0 ❑ No Liquid Waste Management System
Diadargu & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes ® No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. if discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) ❑ Yes ❑ No
c. if discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes ❑ No
2. Is there evidence of past discharge from any part of the operation? ® Yes ❑ No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No
01/01/01 Continued

Facility Number: 86-23 Date of Inspection 3/1/2001
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier: ......................
.........AkjC.Fs7Alt)................................................................................. ....
Freeboard (inches): ................ 15...............
........................................................................................................................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a waste management or
closure plan?
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
7. Do any of the structures need maintenance/improvement?
8. Does any part of the waste management system other than waste structures require maintenance/improvement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
Waste Applicalign
10. Are there any buffers that need maintenance/improvement?
11. is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload
12. Crop type
❑ Yes
® No
Structure 6
...................................
....................................
® Yes
❑ No
❑ Yes
® No
® Yes
❑ No
® Yes
❑ No
® Yes
❑ No
% Yes
❑ No
❑ Yes
❑ No
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ® No
b) Does the facility need a wettable acre determination? ❑ Yes ® No
c) This facility is pended for a wettable acre determination? ❑ Yes ® No
15.
Does the receiving crop need improvement?
❑ Yes
® No
16.
Is there a lack of adequate waste application equipment?
❑ Yes
❑ No
17.
Are rock outcrops present?
❑ Yes
❑ No
18.
Is there a water supply well within 250 feet of the sprayfield boundary? ❑ Unknown
❑ Yes
❑ No
Required
❑ On -site ❑ Off -site
Records & Documents
19.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
❑ Yes
❑ No
20.
Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.)
❑ Yes
❑ No
21.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
❑ Yes
❑ No
22.
Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
❑ No.
23.
Did the facility fail to have a actively certified operator in charge?
❑ Yes
® No
24.
Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
❑ Yes
® No
25.
Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
® Yes
❑ No
26.
Does facility require a follow-up visit by same agency?
® Yes
❑ No
27.
Were any additional problems noted which cause noncompliance of the Certified AWMP?
® Yes
❑ No
Odor lmt.
28.
Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below
❑ Yes
® No
liquid level of lagoon or storage pond with no agitation?
29.
Are there any dead animals not disposed of properly within 24 hours?
❑ Yes
® No
01/01/01
Continued

l+dcilit' Number: 8ti_23 Q01- Inspection 3/1/2001 0 Printed on: 4/6/2001
30. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No
roads, building structure, and/or public property)
31. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No
32, Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No
33. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No
34. Do the flush tanks lack a submerged fill pipe or a permanenthemporary cover? ❑ Yes ❑ No
No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
,vw)1w l--lrl')1J_tulliLlwt!13litIQbLIUKL'=illlLl1ULI '1i1;!; -Vil1i
■ G, C4
t:2. Past discharge of soil and waste off exterior lot (approximately 50 feet) into creek. No flow on the date of inspection.
4. Was difficult to accurately determine freeboard due to damage on and around dam. Cows have been turned out onto the upper side
)f waste pond in a fenced area. Cattle need to be removed from dam immediately and permanently. Vegetation needs to be established
n this area as soon as possible.
6. and #7. Dam.has been severely damaged in some areas on the side adjacent to the freestall barn/push off ramp. Area needs to be
epaired and vegetation re-established. Erosion is still occurrring from area of newest, larger freestall barn into the waste pond. Area
seeds to be stabilized and vegetation established. Spillway area has been severely eroded and damaged when the waste pond is pumped
)ut. Area needs to be re -graded and vegetation established.
irl. Marker is still not installed. Needs to be installed immediately.
t10. It appeared that a 50' buffer (at minimum) had been established between the denuded exterior lot and the creek using electric wire.
was very sparse in this buffer area. Need to re -seed buffer to control run-off as soon as possible.
This visit was as a result of a complaint called into our office 219101 regarding odor from farm and possible overapplication of
. Caller also alleged that the farm was confining more than their certified number. Dropped by farm while 1 was in the area.
itor had just left.
Facility is to go through a regular compliance inspection soon. Will re -check operation again and review records at that time.
At least 102 cattle were noted on an exterior lot below the barns and waste pond. CAWMP specifically states that there are to be
exterior lots on this farm.
;ility was operating above their certified cattle number of 250.
reviewed milk records while at this facility today. Milk is being picked up each day and averages about 23,000 lbs. per day.
'oyee stated that they were milking about 350 at this time and that additional cattle had been brought in February 15, 2001.
r count of at least 271 confined cattle was very conservative or "gracious. "
Reviewer/Inspector Name
Reviewer/Inspector
Rosebrock
Date:
01/01/01

North Carolina
40
Department of Environment and Natural Resources
Water Pollution Control System Operator Certification Commission
Michael F. Easley, Governor
William. G. Ross Jr., Secretary
CoIeen H. Sullins, Chairman
February 20, 2001
Keith Stephens
3145 Buck Shoals Road '
Union Grove NC 28689
SUBJECT: Designation of Operator in Charge
Facility: Stephens Dairy
Facility M #: 86-23
County: Surry
Dear Mr. Stephens:
NCDENR
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the 1996 North Carolina General Assembly. This legislation requires
owner of a certified operator for each animal waste management system that serves 250 or more swine, 100 or
more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid
waste management system.
Our records indicate that you do not have a properly certified Operator in Charge (OIC) designated for the
above mentioned animal waste management system. By failing to designate an Operator in Charge, you are in
violation of N.C.G.S. 90A-47.2 and 15A NCAC 8F .0201(a) and are subject to the assessment of civil
penalties.
The enclosed Operator in Charge designation form must be returned to this office by April 1, 2001, or
appropriate enforcement action may be initiated. This office maintains a list of certified operators in your area
if you need assistance in locating a certified operator. Please be advised that nothing in this letter should be
taken as resolving you of the responsibility and liability for any past or future violations for your failure to
designate an appropriate Operator in Charge for your animal waste management system.
If you have questions concerning this matter, or if this office can be of further assistance, please call Beth
Buffington at [phone], extension 313.
Sincerely,
Dwight Lancaster, Supervisor
Technical Assistance and Certification Unit
Enclosure
RECEIVED
I.C. Dept. of EHNR
cc: TAC Facility Files MAR 2 7 2001
Non -Discharge Compliance/Enforcement Unit
Winston Salem Regional Office Winston-Salem
Central Files Regional Office
1618 Mail Service Center, Raleigh, North Carolina 27699-1618
Phone: 919 — 733-0026 1 FAX: 919 — 733-1338
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/ 10% POST CONSUMER PAPER

I\
spy vase
�u4
14
�S+e f' )e-A 5 b,
�urr court+
neobams.
Xi4 n 'Fraes+.11 13cLfrYn
Srn�i�� u� �Qrn
, Sir S�aX' d-rnir� con1 i�
w4% 0-4
. tq M 1 iG � 0'f
C l� ,e fi; �r�e +4 .11 io&rn
e ra
a
pe- d sdhaN-3 �g
�S'�8. T rZ1�Yi SUIf`ft3tCE�
1� en ude.A Fmsh ro i vti,
e o+
%- ;z
S dI w as��.- .
C lass C

I v
N
0 . 0
L CS +NOb r)QU)6arv)5,
ep
o?3
Surr, Coun+,
an uAe A
Tra e!54-a I I
'm
ee /Fre 5
Sup' vwAS*Q
pax
rA; R k C:r�+A�11D� r
e
OYN
Fre-5 ra

04J05i01 16:33 FAX [phone]
X.
122
rall I
Ir
00
187
JI
N Z7
7-14
or
u,
he :7 R
If
40o
..j L I
V.,
h,
nnn,
7—
k "K
401

Ke - 44A
86-23.
- . WNOQ OAT
}}l::i � �.fJ`.'� "till i ��y']� i}:�d,- a� � r_5 -`°- � 7'• l � � �� ,�'.!:
co
m
00

4a Cauetr� Pub
� -
,(1058
��\ • � \ f!`. -.� ,—'- � ~� �._ . _-. I Ala � ..l' f4
�' •II I� � \ /000
1 a =
N� - ��cp per- ��• _ �'} -
Ronald Southard
86-23
)067
Creek �a 00-
^1 �,
Ebenesq[ Ch
In Y 118 l a ,ols
It
135
100
1'• / 1135 s�� ba ,f e_' •foe I/
- — ae 1 Q • Ga
O
-
kin
410
JIM
no
O a �,• Ji'••• • ./ — � , t ,ram '' � __ _
t y I 1•, X wiU0w rJill00 u
°� •I• ',�4- t _i .1•• _! ` \ _ I Lake' y ..
.l- = . e 10L8 J• �
' I •i'.. OS ita
/ /,' JJ •+ 1 J •'r--�• -•'.T -- '-_ �� _ Wit, •Sl ,•`, A1" -�` ��—•�� � I IV
LLLVVVC(INNNIIJ///,.� • � / . ti � � C
- . f� .' • . �� •s%s - 4� � � —ax I
• 4.5 Alf, TO INTERSTATE 77 50' BROOKS CROSSROADS 9 Aef. (ELKIN : Elkin North
STATESvfLl-E 36 Mr, 4036 r a�..7SE
Ney SCALE I D
* I 0

JUL-14-1%S ISt34 FROM DEM WATER RH6 i' .-
•^
Site Raquims 3mmedCMAttention:
_F6
DMSION OF Xh-V ROA'NM1!'TAL MANAGEMMN7 No. a
ANMIAL FEML T OPERATIONS SrM VISITATION RECORD
DATE: 1995
Zimde: ►r s
Farm Nat DwaQ' 5 l! ar
Ma7€n Ate:: _,.E- Z X �2 .�•-� �'..L L�.�G .,..M.(- 2 �
-616�..�
(.kxtaty: Ufr
Yntejx7tC>r� o i n S PhMe:
Om Site Rem's atadve: Phone• 9io3 G �-
Physieal Addr+essli oeatian:
1 j* of Opemiou: swine _.,,_. Foiiltry �..� Cattle ✓
Design Capacity: ; 215. Number of Auinz on Site: i
DEM C o-Ocanon N=ber. ACE—.�— DEM 0ett3!-ea6oa Number. ACNEW—
Larinde:
q�sP a 3 �4� ,sas ClrckYesorNo
r•,, f%+. Animal 'Waste Iagaan have sufl5cisat irxbostd of 1 Foot + 25 yaar 24 bow stage event
(approximately 1 Foot + 7 inches) Yes or& ActW Fmboard: _ .C—Y .. & Incbes
`Vas any Seepagge observed from the lagoon(c)? Yes of o^Was any erosion obwYed? Yes or 16
Is adequate land available fee spray' or No Is the vova crop adequate? oc No UnknocLn
Crop(t) bdug utilized:
Does the facility meet SCS a.aimuta setback miudl? 200 Feet from Dwelli ptf* M No
100Feet from Went? �e dr No
Is the animal waste stockpiled within 100 Fees of USGS Blue Line Stream? Yes
Is animal wam land applied or =pray irrigated within ZS Fat of a USGS Map Blue Liza? Yes cc 60
Is animal waste discharged into waters of the state by u=-made ditch, flushing system, or other
iiau7tr sun -made dsvim? Yes ord§P If Yes, Please Explain.
Does the facility maintain adequate waste msaageraect records (volumes of r w=. land applied,
spray irripted cc rptd& image with 9 Yes or No
asl D lidoorammu:
llo,p S !A. DqMWqUSRO
Name signattae
cc: Facility Aurssmass Unh UK Attachmenu if Nee&&
4r*'jM �r

5ijrry Co.
Subject: Surry Co.
Date: Fri, 29 Sep 2000 13:48:07 -0400
Froin: Rocky Durham <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: Melissa Rosebrock <[e-mail]>
Hi Melissa,
I visited Surry county this week. Eddie and Ellen have not repaired
their roof and gutters as of this week. They told me that you were
checking on some state money that: they could possibly get to help repair
the roof and I told them I would check with you about it.
Keith Stephens has done some work since your inspection. He has
repaired curbing, moved his fence 100' or so off the creek and he said
he had seeded and mulched this area. I saw mulch, but not seed. He still
has cattle out on this exterior lot. He is trying to get permission to
start his new barn before building or expanding the waste storage pond.
He has not gotten that field added to the WUP that he spread on without
permission, but says he will not be spreading there anymore. He has
dumped a load of soil in the area beside the pushoff ramp that was
eroded, but has not done anything else to it. He still has a erosion
problem from the new barn embankment and I suggested that he may want to
build a earth berm and install a flexible slope pipe to solve this
problem until he can get grass established on this slope.
Hope you have a good weekend. Talk to you later. Let me know if you
find out something on that roof. See ya.
Rocky Durham - [e-mail]
Environmental Engineer
North Carolina Dept. of Environment & Natural Resources
Div. of Soil & Water Conservation
919 N. Main St.
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
Rocky Durham <Rocky,[e-mail]>
Environmental Engineer I
NC DENR- Mooresville
Div. of Soil & Water Conservation
I of 1 9/29/2000 3:40 PM

RECEIVED
N.C. Dippt. of EHI NR
k 5�eve17 s . a,- 3UC 1 l 2000-
Tie toe wJdlee
qua1; 'problems no d ofun-nJ r'n�frcc�cr,s 6j
a7wa. Problems no �cJ by F: e-M
plar,neJ measures �v Carrec�
en �c la ;S Yo,'d o-F veje�a. ,a., 8ve 4,
90 Cows us;n9 a3 a la- - A -ence w;v
be ; n,5 Fa 11eJ -6 �' 4c,• n u%r; er4s
rurvo FF., 71ke � IA-e,- Z�, -.P w .1l be;
OY W i Je.✓ or+, +)ie SoYgl buy,
w:11 be ,see-Jcd 4-rivk;s SummeY ad rye
a dd eJ 4k' s w; r4e,• ; -r' 4-lic 1 o� ; s
be; n3 us e J . A n-6ck f'r-a;1 w,'! l be
+ n,S�a l le j fn move raw s �ror*, {rres>r� 11
ba,•., 4 4-1-�, s 104.
Th e. cow s w,1 l be m o,rc J +a
new 4:�-eeS�aII bam Wlci Corn&4'e�. Vege;a�'an
w;ll be a)ice
Cows are Ynoved . A cnncre4-e -(�'eeJ bunk
W,41 be ins�alleJ a)on, roan -Far a 4:�!zd.'n3
area W}%Cn ++%e neW bar-ri Is cor,-,1o1e1-e.
44j

Fie, a .CaI-F' hLx�s . are ;m4allccl on wash
.51ane . No wader [jual,,# problems Weec
r1a�e� w 1-E, ..-�},, s �ys-I-e*►, . A new ca 1 f'
a � a we,h�- n-P a o o - (000 lbs . A dry
54-ac}K wash -re,. .54mranc -syb s� w � ! 1 e
Uses+ 4- r -iA oZrr. NP-CS W;I) Size
.9nj Prov;�e. inja. 7} e res-�
off' s c ld will be used 4cr
F='e l� � � � r�ew -�e�� 1]unk. wi 1) be � r�s-1•a 11e� a Zon�
ro a j. Lows w; l 1 be 47e=l once a J a,j and
4uYne.j back OLJ 4m� Braze
�,'elcl 8 Graz�n� �5y5�-em inS�Jle.�. �c .5 be;r
Used , looks 4-o be work.'�,� L-jel).
The '!-fey ��►-�� , -Feric,'rtq a n.1 +wo mock +)-a,I s w,' 1)
-}-Qwe- Care Off' -fie Wa-e,,- gaal;� prablems ;►i �,c/JA
-L.. when 4-1^e new -Fces4-,a/1 barn ; s ComPlc�ed Cows
w; l l no+ be , a-i ockccl a 4- a rare w kcy-c 44).-s -Pe W
Carl n0+ be Kepi ir1 3-ass, has a 3oa4
3 raz; n j p )an 5 -a -r J • -Th, s w: J 1 ; yn pr6v2 wA Ae
new -A-ees -a l) baYn be; n9 Cornp)de .

'71
-J:ra"

tFwd: 85-23] 0,
Subject: [Fwd: 86-23]
Date: Thu, 13 Jul 2000 09:23:54 -0400
From: Melissa Rosebrock <Melissa.Rosebrock @ncmail.net>
Organization: NC DENR Winston Salem Regional Office
To: Jaya Joshi <[e-mail]>
i have passed your message on to greg this morning.
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
Subject: 86-23
Date: Thu, 13 Jul 2000 08:28:19 -0400
From: J R Joshi <[e-mail]>
Organization: NC-DWQ
To: Melissa Rosebrock <[e-mail]>
Melissa,
Got your latest message. i will wait for their new WUP. In the mean
time, they also need to submit documents to show lagoon / storage volume
calcs and operation and maintenance plan for their farm. Please pass on
thsi info to them or greg when you happen to talk to them next...
Thans so much.
J. R. Joshi
North Carolina Division of Water Quality
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Phone: [phone] ext. 363 FAX: [phone]
E-mail: jaya_joshi@ncmail_net
1
,1 of 1 7/13/2000

Re: keith stephens #86-23
0 0
Subject: Re: keith Stephens #86-23
Date: Wed, 12 Jul 2000 16:08:00 -0400
From: Melissa Rosebrock <Melissa.Rosebrock @ ncmail. net>
Organization: NC DENR Winston Salem Regional Office
To: J R Joshi <[e-mail]>
thank you.
J R Joshi wrote:
.Melissa, I have the file for this facility. It appears that some
additional information has already been sent. i will review it today and
see if anything else is missing. He does not need to do anything as of
now but will keep you posted...
Melissa Rosebrock wrote:
> Just following up on a letter sent from Diane Thomas requesting more
> info from him to complete his application. I looked at the database
> and saw both of your names listed. Is there anymore info that either
> of you need from him at this time?? He says that he sent it but i am
> just checking up on him .... thank you. melissa
> Melissa Rosebrock
> NC DENR Winston-Salem Regional Office
> Division of Water Quality, Water Quality Section
> 585 Waughtown Street
> Winston-Salem, NC 27107
> Voice: [phone] ext 265
> FAX: [phone]
J. R. Joshi
North Carolina Division of Water Quality
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617.
Phone: [phone] ext. 363 FAX: [phone]
E-mail: [e-mail]
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
1 o1'2 7/12/2000 4:08 PM

•
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIvISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
May 31, 2000
CERTIFIED MAIL 7099 3220 0006 8505 7913
RETURN RECEIPT RE UESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation/Recommendation for Enforcement
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
This Office issued a Notice of Violation (NOV) to you on April 20, 2000 as a
result of violations noted during a compliance inspection conducted at your facility on
March 30, 2000. There were several items in the April 201h Notice that required your
written response to this office. The response was to indicate "the actions taken to correct
the noted problems." You were to submit a response to our office by May 1, 2000. To
date, we have received only a single correspondence, written by your wife, Talley,
addressing only three of the many concerns our office has regarding animal waste storage
and handling on your farm.
It was requested that the following concerns be addressed in your response:
1. Several permit application items and maps were to be submitted to Raleigh by
March 11, 2000. This is a violation of North Carolina General Statute
(N.C.G.S.) 143-215.10C, which requires the submittal of "an animal waste
management system plan approved_by a technical specialist. "
2. Cows were being kept on an exterior, late lactation lot. Your plan does not
include any exterior lots. This lot was also severely eroded and is in need of
extensive maintenance. Buffer areas were non-existent, allowing for the
discharge of animal waste into the adjacent creek. Again, this is a violation
of N.C.G.S. 143-215.10C. The letter written by Talley on your behalf (dated
May 12, 2000) stated that the cows were to be moved into a pasture that has
been leased. A follow-up site evaluation performed by Tony Davis and Julie
Elmore of the Surry SWCD on May 24, 2000 reported that the cows had still
not been moved from the exterior lot.
SOS WAUa HTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
3 is z,�
Mmn=xmry""" ;

•
•
Stephens Dairy
May 31, 2000
Page 2
3. Waste from your storage pond had been applied to several fields that were not in your Certified
Animal Waste Management Plan (CAWMP). According to discussions during the inspection,
these properties are not even owned by you (Motsinger and Medley properties). This is a
violation of your Certified Animal Waste Utilization Plan and N.C.G.S. 143-
215.1OC(e.)(7), since the waste plan cannot assure the balance between nitrogen application
rates and nitrogen crop requirements. A third application field (Southard property) needs a
"Property Agreement Form" that is signed by the owner, not the leasee. According to Talley's
letter of May 12, 2000, "There has also been an arrangement made on the Medley land...." If
so, a signed agreement should be sent to the Surry SWCD office. Your Waste Utilization Plan
should also be updated to include this acreage.
4. The concrete curbing along the outside edge of the "Group #1" freestall barn needs to be
replaced to ensure that all waste is contained on the concrete when the lot and barns are scraped
and during rain events..A. January 1999 letter from the Division of Soil and Water also stated
that the curbing was to be repaired. On March 30, 2000, waste and feed from the barn was
entering a clean -water drainage box. A plastic, underground pipe from this drainage box leads
to an outfall approximately 50 feet uphill from the creek. The current situation allows for a
direct discharge of unpermitted waste from the pipe and into the UT to Mitchell River (Class C)
during rain events. You should be aware that this a violation of North Carolina General
Statute (N.C.G.S.) 143-215.1(a) which states that: "No person shall do any of the following
things or carry out any of the following activities until or unless such person shall have applied
for and received from the Commision a permit therefore and shall have complied with such
conditions, if any as are prescribed by such permit...Make any outlets into waters of the State. "
The response letter written on your behalf stated that "All of the curbing around the walkways
and the lagoon pit is being arranged and should be completed in the next couple of weeks." As
of May 24, 2000, the Surry SWCD reports that the curbing has not been replaced.
5. Concrete curbing also needs to be repaired around the push -off area of the "Group #3" barn.
Solids are running off the lot into the waste pond from both sides of the push -off causing the
interior of the dam to erode. This area of the dam with the exposed pipe needs to be
repaired and re -seeded as well. Excess erosion can cause the waste storage pond to fill up
more quickly than expected as well as compromising the integrity of the dam. N.C.G.S. 143-
215.10E describes the deterioration of the lagoon system as a -violation requiring
immediate notification.
b. The northwest corner of the dam has sediment run-off coming into it from the proposed barn
site. Again, this has caused the interior of the dam to erode. See notes for #5 above.

Stephens Dairy
May 31, 2000
Page 3
7. No maximum liquid markers were visible for the waste storage ponds (see DWQ and NRCS
January 1999 reviews and Burchette/Cartner January 1999 letter). To date, the missing/damaged
markers have not been replaced.
S. The stock trail needs extensive maintenance and -repair.
9. Additionally, our office has received a request from Nancy Keith to be removed as certified
operator for your facility. As required by N.C.G.S. 90A-47, owners of animal operations with
animal waste management systems must designate an "operator in charge" for each of their
systems. As of May 2, 2000 you have been operating an animal waste system without a
certified operator. This is a violation of the general statute stated above.
The Winston-Salem Regional Office is considering recommending an enforcement action
against you for the above referenced violations. If you have justification that these violations were
caused by circumstances beyond your control, or you have an explanation that you wish to present,
please respond in writing within fourteen (14) days following receipt of this notice. The Winston-Salem
Regional Office will review your response and forward it to the Water Quality Section Chief with the
enforcement package. In the absence of any justification, the Regional Office will recommend that an
enforcement action be taken against your facility. Please address your response to my attention at the
address shown on the letterhead. Be advised that North Carolina General Statutes provide for
penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state
environmental laws and regulations.
If you have any questions concerning this matter, please contact Melissa Rosebrock or me at
[phone].
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: DWQ -- Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham - Mooresville NCDEHNR Regional Engineering Office
Nancy Keith -- North Carolina Cooperative Extension Service
WSRO Facility Files
Central Files

1
• RECED
N.C. Dept.. f EHNR
I�jeGc.li„,US. (�p5eIyl.00k� MAY 16 2=
Winston-Salem
R, egigpal Ti
� +tc-cs __Yfi) rl_u.t�
L,0- _AfUil k,�I nk) j
czf-
c�u� rc,�O, kCv-) b-ee�
�( �9 c C(c., cVvtd u.A_. `{max h o S.n j_ tk.F
LA-f
0
A4,,k.-ham- Jcw ao LecL rIA-C �b Ct -7�
�I ayu- ru r v i &t* aAk d !gin no r,J�t ev e
vw�-e v�cQ -1-a do c� C-_+ 4hUftA- . the .1� ak Jacf&f ro-wq
nuuccd-y A-P O f
vw�
cc,u-Lb : c�zou�ucQ �Q�cw�.c�s a,�.�cctu�
-� �h� alvz cC aid �G,a�.<..��c.h�
41Lz
ri
bo
�Olkc�-�-�`�-f"�"��W7�S o-� sIT"c,� c� fM IAJc�a� r,�-�i (� ���
Ub cud U ( Srt�.
�aks az ca-ice-e,2.s, VOL
�c,l canfit� -� rn.�c�f' a,u�' a�- �3� -310� - 3aa�

•
May 2, 2000
Sonya Avant
WPCSOCC
Division of Water Quality
PO Box 29535
Raleigh NC 27626-0535
Dear Sonya:
North Carolina Cooperative Extension Service
College of Agriculture and life Sciences
Yadkin County.Center
North Carolina Cooperative Extension
College of Agriculture and Life Sciences
PO Box 97
Yadkinville NC 27055
[phone] Fax: [phone]
MAY 0 3 2000
Winston -,Salem
Regioriai Office
I am writing this letter in reference to Stephens Dairy, #86-23, Surry County where Mr, Keith
Stephens is the owner of the operation.
I am currently designated as his certified operator; but effective this date, May 2, 2000, I
request to be removed as the certified operator of this facility.
If you have any questions concerning this matter, please do not hesitate to call me at (336)
679-2061.
Sincerely,
4t
Nancy Zeith
Area Specialized Agent - Dairy
cc: Melissa Rosebrock - DWQ - Winston-Salem Regional Office
Keith Stephens, owner of facility
Greg Goings - Surry County Natural Resources Conservation Service
Employment and program opportunities are offered to all people regardless of race, color, national origin, sex, age, or disability.
North Carolina State university, North Carolina A&T State University, U.S. Department of Agriculture, and local governments cooperating.

NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT AND
:NATURAL RESOURCES
WINSTON-SALEM REGIONAL OFFICE
lip
1&4 e
AMMON MIL Now
D.. EN R"".
FAX TRANSMITTAL
Division of Water Quality
585 Waughtown Street
Winston-Salem, N.C. 27107
Phone: [phone]
TO:
FAX Ni`TNMER:
FROM:.
DATE:
7
5 / n q /00
Number of pages (including cover page): a-'
COMMENTS:
11
Fax: [phone]

Re: Stephen} hairy
Subject: Re: Stephens Dairy
Date: Tue, 02 May 2000 12:21:19 -0400
From: Melissa Rosebrock <[e-mail]>
Organization: NC DENR Winston Salem Regional Office
To: Steve Lewis <[e-mail]>
CC: Sonya Avant <[e-mail]>, Larry Coble <Larry.Cob] [e-mail]>,
Rocky Durham <[e-mail]>
I was just getting ready to contact you. Stephens signed for his certified NOV letter on 4/21/00. By my
calculations his response letter was due yesterday. We have not received a verbal nor a written response.
How should we proceed next?
Additionally, this morning, I spoke with Nancy Keith, his certified operator at the time of the inspection
and she no longer wishes to be the operator for that farm. I instructed her to send a letter to Sonya stating
this fact and to copy me and the Surry Co. SWCD and to have Keith sign it as well. When the paperwork
goes through, he will not have a certified operator, either. He (and 1) are not scheduled to take our
operator's test until June 8. Do you want to wait until after he's had the opportunity to pass the test before
pursuing enforcement on this matter?
Thanks for your guidance. Melissa
Steve Lewis wrote:
Melissa - Just read the NOV you sent on this one. Please keep me
posted. This farm seems to be very poorly managed. They're over the
threshold too (unlike Radford) so the rules are clear.
Melissa Rosebrock
NC DENR Winston-Salem Regional Office
Division of Water Quality, Water Quality Section
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone] ext 265
FAX: [phone]
1 of 1 5/2/2000 12:28 PM

:/NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT AND
:NATURAL RESOURCES
WINSTON-SALEM REGIONAL OFFICE
FAX TRANSMITTAL,
Division of Water Quality
585 Waughtown Street
Winston-Salem, N.C. 27107
Phone: [phone]
TO
FAX rrtmDER: 33 � . 3 g � • 4 g a 8'
FROM:
DATE: _ GZ�In3I00
Number of pages (including cover page):
COMMENTS:
0
C
Fax: [phone]

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SAL,EM REGIONAL OFFICE
April 20, 2000
CERTIFIED MAIL 7099 3220 0006 8505 7739
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
140 Lakeview Drive
State Road, NC 28676
SUBJECT: Notice of Violation
Compliance Inspection
Stephens Dairy, #86-23
Surry County
Dear Mr. Stephens:
The purpose of this letter is to summarize the findings of your compliance
inspection on March 30, 2000. Melissa Rosebrock of the Division of Water Quality -
Winston -Salem Regional Office performed the inspection. Greg Goings of the Natural
Resource Conservation Service and Tony Davis of the Division of Soil and Water
Conservation District also accompanied staff.
While reviewing the files it was noted that 1999 application records, waste
analysis records and soil analysis data were not available. Additionally, waste application
records for 2000 need to be updated. Failure to have complete records is a violation of
North Carolina General Statute 143-215.10C. Please note that waste and soil analysis,
once obtained, should be kept for a minimum of five years.
Our files also indicate that several permit application items and maps were to be
submitted to Raleigh by March 11, 2000. This submittal had still not been made on the
date of the compliance inspection. We have sent a copy of this correspondence to the
Division of Water Quality Non -discharge Compliance and Enforcement Unit in Raleigh.
We urge you, therefore, to submit the requested documentation immediately.
A visual inspection of the farm revealed that you are keeping cows on an exterior,
late lactation lot. Your plan does not include any exterior lots. This lot was severely
eroded and would need extensive work on it, including buffers to be included in the
Waste Utilization Plan. Please note that Waste Utilization Plans (WUP) are to be
adhered to unless you contact your technical specialist to have this section amended.
568 WAUGHTOWN STREET, WINSTON-SALEM, NORTFI CAROLINA 27107
PHONE [phone] FAX [phone]o
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 150% RECYCLED/10% POST -CONSUMER PAPER
-44 nW& tiMl—

Stephens Dairy
April 20, 2000
Page 2
The visual inspection also revealed that waste from your storage pond had been applied several
fields that were not in your WUP. According to discussions during the inspection, these properties are
not even owned by you (Motsinger and Medley properties). Again, WUP are to be followed. A third
application field (Southard property) needs a "Property Agreement Form" that is signed by the owner,
not the leasee.
Staff also noted several other concerns that warrant your immediate attention and action:
1. The concrete curbing along the outside edge of the "Group #1" freestall barn needs to be
replaced to ensure that all waste is contained on the concrete when the lot and barns are
scraped and during rain events. A January 1999 letter from Tommy Burchette, Engineering
Technician and Daphne Cartner, DSWCD also stated that the curbing was to be repaired.
On the date of the inspection, waste and feed from the barn was entering a clean -water
drainage box. The missing curbing was to the side of the barn, partially covered with soil. A
plastic, underground pipe from this drainage box leads to an outfall approximately 50 feet
uphill from the creek. The current situation allows for a direct discharge of unpermitted
waste from the pipe and into the UT to Mitchell River (Class C) during rain events. Please
be advised that the non -permitted discharge of any type of wastewater to the waters of
the State is illegal as per North Carolina General Statute 143-215.1 and could subject
you to civil penalties of up to $25,000 per day per violation.
2. Concrete curbing needs to be repaired around the push -off area of the "Group #3" barn.
Solids are running off the lot into the waste pond from both sides of the push -off causing
the interior of the dam to erode. This area of the dam with the exposed pipe needs to be
repaired and re -seeded.
3. The northwest corner of the dam has sediment run-off coming into it from the site of the
proposed barn that has been cleared. Again, this has caused the interior of the dam to erode.
4. No maximum liquid markers were visible for the waste storage ponds (see DWQ and
NRCS January 1999 reviews and Burchette/Cartner January 1999 letter).
5. The stock trail needs extensive maintenance and repair.
A written response is to be submitted to this office within 10 days of receipt of this Notice
indicating the actions taken to correct the noted problems on pages one and two of this letter. This
written response should include an explanation of "when and how" the problems are to be corrected.
Please address the information to the attention of Ms. Rosebrock.

Stephens Dairy
April 20, 2000
Page 3
The Winston-Salem Regional Office appreciates your cooperation in this matter. If you have
any questions concerning this Notice, please do not hesitate to call her or me at (336) 7714608.
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc. DWQ — Non -Discharge Compliance and Enforcement Unit
Surry County Natural Resources Conservation-Service/Soil and Water Conservation District
Rocky Durham - Mooresville NCDEHNR Regional Engineering Office
Nancy Keith — North Carolina. Cooperative Extension Service
WSRO-Facility-Files
Central Files
w SENDER- I also wish to receive the
■ Complete items 1 and/or 2 for additional services. following services (for an
++� ■ Complete items 3, 4a, and 4b.
}
t ■ Print your name and address on the reverse of this form so that we can return this extra fee):
card to
you.
± r Attach this farm to the front of the mallpiace. or on the beds if space does not 1. ❑ Addressee's Address
y ppee
• ■ Zr eit•Retum Receipt Requested' on the mailplece below the article number. 2. 0 Restricted Delivery
r The Return Receipt will show to whom the article was delivered and the date t,onsupostmaster or fee.
delivered. lt ttf
Vi
0 3. Article Addressed to: 4a. Article Number 110 4 1�aD
_
OD 7
tr .
a 4b. Service Type
i Mr Keith Stephens I
E '
ElRegistered XCertified
i 140 Lakeview Drive
p�
❑ xpress Mail ❑ Ensured
State Road NC 2$676
Retum Receipt for Merchandise ❑ COD
�
Y 7. Date
I
O,
5. Received By: (Pfin me) 8. Addressee's Address (only if requested
and fee is paid)
Q
fi. Signatu : (Aocllwssee or nf)
X
`� PS Form 811, Decemb& 1994 1 Domestic Return Receipt

86-23
Subject: 86-23
Date: Fri, 03 Mar 2000 11:35:32 -0500
From: Dianne Thomas <[e-mail]>
Organization: Nondischarge Permitting Unit
To: Melissa Rosebrock <[e-mail]>
Hi Melissa -
I talked with Beth Buffington (919-733-0026 x313) today about Keith
Stephens Dairy. She works in the Technical Assistance and Certification
Unit. Mr. Stephens was certified at one point but that certification
expired around January 1, 1999. He has failed to renew since then. She
can send a letter telling him he must designate an operator. I suggest
calling her and discussing the options with her. She mentioned that if
there were other violations that you would be writing an NOV for anyway,
that you should include this, if not she might be able to send an NOV
from her office. I hope that this helps. I do suggest you give her a
call to see what the next step might be. Keep me posted. Have a great
weekend.
dianne
Dianne Thomas
Non -Discharge Permitting Unit
Water Quality Section
919-733-5083 x364 .�JV
j
p3/as/oa
oyehJv
C,9�)w�,�) cw� 14taaW-4'V_ �
qr� and nJo
J
N /i h 01
r
1 of 1 3/3/2000 3:27 PM

ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: County:
OPERATOR IN CHARGE W
Home Mailing Address Z d
City. State lJC Zip_ ;-;L �''�, .� Q
Certificate # Social Security # 3 -O
Work Phone ' 3 _;La61 Home Phone . b 9 7 - 0 3
Signature Date -3-
Mailing Address NO City__
State A Zip, 7Telephone# 3--,Z pL0
Signature Date a% j a o 0
Please Mail to: WPCSOCC
Division of Water Quality
P. O. Box 29535
Raleigh, N.C. 27626-0535

6
State of North Carolina
Department of Environment •
and Natural Resources f
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RF(7713 �rl�
February 10,2000 N.i^- :-pl. UI EHNlI
KEITH STEPHENS FEB 14 2000
STEPHENS DAIRY
3145 BUCK SHOALS ROAD I
UNION GROVE NC 28689 Winston-Salem,
Regional Office
Subject: Application No. AWC860023
Additional Information Request
Stephens Dairy
Animal Waste Operation
Surry_ County
Dear Keith Stephens:
The Non -Discharge Permitting Unit has completed a preliminary review of the subject application. Additional information is
required before we can continue our review. Please address the following by March 11, 2000:
We have received your completed application form. However, several more items are required before we
can issue your permit. Please see the attached page 2 of 4 of the application form. This is the required
items checklist. If you should need any help please contact your technical specialist or me.
Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please
reference the subject permit application number when providing the requested information. All information should be signed,
sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be
submitted on or before March 11, 2000 or the Division will return your application as incomplete in accordance with 15A
N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North
Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management
Commission.
If you have any questions regarding this request, please call me at [phone], extension 364.
Sincerely,
S
Dianne Thomas
Soil Scientist
Non -Discharge Permitting Unit
cc: Winston-Salem Regional Office, Water Quality
Permit File
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

,f M
2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application
system): _ 155 . Required Acreage (as listed in the AWMP): 147
2.4 Number of lagoons/ storage ponds (circle which is applicable):
2.5 Are subsurface drains present within 100' of any of the application fields? YES or ,'N�(please circle one)
2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or:' NO (please circle one)
2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only)
i
ES , or NO (please circle one)
What was the date that this facility's swine houses and lagoon were sited? / e7
What was the date that this facility's land application areas were sited? �;2_
3. REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
re_c,r4 v,6 K 3.1 One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
Vl.r , C,3i2' Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is land applied;
CXI Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility
does not have a CAWMP, it must be completed prior to submittal of a general permit application
for animal waste operations.
The CAWMP must include the following components. Some of these components may not
have been required ar the time the facility was certified but should be added to the
CAWMP for permitting purposes:
3°3:1 The Waste Utilization Plan (WUP) must include the amount of Plant Available
Nitrogen (PAN) produced and utilized by the facility.
3-3-2 The method by which waste is applied to the disposal fields (e.g. irrigation,
injection, etc.)
9'3`3- A map of every field used for land application.
•3�3:4 The soil series present on every land application field.
3:3:5 The crops grown on every land application field.
33:6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP.
3!3:7 The PAN applied to every land application field.
'13t3:° The waste application windows for every crop utilized in the WUP.
-343.9 The required NRCS Standard specifications.
,3=3-10 A site schematic.
3r371.1 Emergency Action Plan.
,3?3712 Insect Control Checklist with chosen best management practices noted.
"3t313 Odor Control Checklist with chosen best management practices noted.
-n'14 Mortality Control Checklist with the selected method noted.
"3 :,15•Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be
sure to include any site evaluations, wetland determinations, or hazard classifications
that may be applicable to your facility.
-3�3 16 Operation and Maintenance Plan.
If your CAWMP includes any components not shown on this list, please include the
additional components with your submittal.
Applicants Initials
/111Z S
lri
j
FORM: AWO-G-E 5/28/98 Page 2 of 4 86 - 23

State of North Ca ha
Department of En onment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Keith Stephens
Stephens Dairy
3145 Buck Shoals Road
Union Grove NC 28689
Dear Keith Stephens:
f
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
December30, 1999 N.C. Dept. Of EHNR
JAI 1 1 2000
Retg. 11]ndi G-rrice
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 86-23
Surry County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincerel
Kerr T. Stevens, Director
Division of Water Quality
cc: Winston-Salem Regional Office
Surry County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

•
NORTH AROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL, RESOURCES
WINSTON-SALEM REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 29, 1999
CERTIFIED MAIL. NUMBER Z 333 044 936
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
3145-Buck Shoals -Road -
Union Grove, NC 28689
SUBJECT: Notice of Violation - Invalid Operator's Certification
Keith Stephens Dairy
Surry County
Mr. Stephens:
J The purpose of this letter is bring to your attention the fact that your Operator's
Certification to land apply animal waste is no longer valid due to non-payment of the
annual fee. In order to renew your Certification you will need to take the Certified
Operator's exam which will be offered on March 9, 2000. An application for this exam
will be sent to you and needs to be completed and returned 30 days before you take the
exam. You will not need to take the 10 hour training class before the exam.
Until you are Certified you can not land apply animal waste from our farm and will need
Y Y PP Y Y
to have a Certified Operator apply the waste for you. The Division of Soil and Water
Conservation in Dobson (336-386-8751 ext. 3) can help you locate someone who may be
Ii able to apply your waste until you are recertified. Please -be aware that not designating a
Certified Operator is a violation of North Carolina General Statute 90A-7.2 and Title 15A,
North Carolina Administrative Code 2H .0224(a) apd'that you could be subject to
enforcement actions with the possible assessment of up to $25,000 per day per violation.
If you have any questions about recertification you can call Beth Buffington with the
Training and Certification Unit in Raleigh at 919-733-0026.
It is understood by the Division that you are planning to expand the design capacity of
your facility and currently are working on the Certified Plan for the expansion. Please
remember that according to .0217 Subpart (a)(1)(H)(vii) owners of new or expanded
facilities serving animals over the threshold numbers are required to obtain an -approved
animal waste management plan that covers the minimum criteria for design, construction,
operation and maintenance. A completed certification form signed by a designated
technical specialist must be submitted to DWQ before the additional animals are stocked
at the. feedlot.
585 WAUaHTOWN STREET, WINSTON•SA4EM, NORTH GARDLINA 27107
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER

Mr. Keith Stephens
November 29, 1999
Page #2
Your cooperation in this matter is greatly appreciated. Should you have any question or concerns,
please do not hesitate to contact Jenny Rankin of this office at [phone].
---------___-_-.Sincerely,.-_
Larry D. Coble
Regional Supervisor
cc: Non -Discharge Compliance Group
Central Files
WSRO

State of North Caroli*
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Keith Stephens
Stephens Dairy
3145 Buck Shoals Road
Union Grove NC 28689
Farm Number: 86 - 23
Dear Keith Stephens:
;fig
NCDENR
NORTH CAROL-INA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 15, 1999
Cf
j.
5 19g9
You are hereby notified that Stephens Dairy, in accordance with G.S. 143-215. IOC, must apply for coverage under
an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) days to submit the attached
application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session
1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the
Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be
returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your
facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the
application.
The attached application has been partially completed using information listed in your Animal Waste Management
Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on
the application before returning the application package. The signed original application, one copy of the signed application,
two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to
complete the application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
1617Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this letter, please call Susan Cauley at [phone] extension 546 or Ron
Linville with the Winston-Salem Regional Office at [phone].
Sincerely,
c
for Kerr T. Stevens
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

•
v SENDER:
f
r
f
w
■ Complete items 1 andfor 2 for additional services.
■ Complete items 3, 4a, and 4b.
Print
`J I also WISh t0 receive the
following services (for
■ your name and address on the reverse of this form
card to you.
an
so that we can return this extra fee):
I
d■
Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address
permit.
'Retum
;
■ Write Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery
■ The Return Receipt will show to whom the article
m I
c
delivered, was delivered and the date
Consult postmaster for fee.
N
E
b
3. Article Addressed to:
4a. Article Number
d
z3 3 p
;
r
Mr Keith Stephens'
4b. Service Type
5
°
3145 Buck Shoals Road
❑ Registered Certified
pc '
Union Grove NC 28689
❑ express Mail ❑Insured
e
alum Receipt for Merchandise ❑ COD
t
I
7. Date of Delivery
`o
oc
5. Received By: (Print fVame)
-/-9 J
8. Addressee's Address (Only if requested
m i
and fee is paid)
c
6. Signa re: (Addressee or Agent
x
PS Form 811, D mber 1 4 to2595-e8-B-0229
"T - _-
�I
Domestic Return Receipt

DEC 29 '98 10:51AM I P.2
Mofteus Dairy
3145 Huck MwWR R*W
Union Grove, NC 1860
Phone [phone] #Y4*th i
Dear Mr. Langley,
RECEIVK r01, 1998
OEC 7 1998
WA T FR QUALITY SECTION
This letter is a request for a Special Agreement to propose we have an cxtended period of time to obtain and
implement a Certified Animal Waste Management Plan. O� farm is Keith Stephens Dairy Farm in Sorry
County. We will be meeting with the state engineer on 17Cce4ber 7, so he can tell us exactly what we need to do
and where everything needs to be placed. We were told that *c need to request an extension bemuse we had not
done anything to resolve this matter, but know that we have done everything possible to resolve this matter, we just
have had to wait on this engineer who makes his schcdute thrpc months in advance.
Please consider our request and should you have any questions or problems we may be reached at the above address
or 336-468,2164.
Sincerely,
Keith L. Stephens
Owner/Operator

Stephens Dairy
0 4,
Phone [phone]
3145 Buck Shoals Road
Union Grove, NC 28689
a,
N.C. Dept. of. EHNR
C _ �g� DecemWr.01, 1998
Winston-Salem'. , t
RB'gional'"Office
This correspondence is in response to a letter I received a few days ago from your office concerning some issues at
my farm in Elkin, Facility ##86-23, Surry County. We are currently milking more cows than we are certified for,
but feel strongly that we are doing an exceptional job with our cow numbers. The lagoon is in excellent shape, the
push off ramp should be completed in two days, and the fence around the lagoon has been moved back to keep the
cows off of the lagoon dam. The heavily used areas have had gravel added and the pasture where the outside cattle
are in, is in extremely good shape. I was told last year by the soil conservation office I could put cattle outside as
long as they caused no harm or major erosion. My understanding was - 150 cows confined on concrete and I could
put others outside.
These extra cattle were put over at the Elkin farm from our Union Grove farm, not out of disrespect for the laws of
this office or any other government office, but our cash flow has been extremely difficult this year. By putting all
of the cows at Elkin, it eased some of our debt load and helped matters financially.
In your letter that I've received, it was commented that 1 was not making an effort to correct any of the problems.
That couldn't be farther from the truth. If your office would take a little more time and consideration to come out
to the farm more often, you could see all that I have done to address these issues and this matter could have already
been settled. I have talked with Tony Davis at my local conservation office too many times to count trying to get
answers from someone and still haven't. Instead I've had to wait for a state engineer who makes.a schedul6 3
months in advance and lives 15 minutes from my farm. I can't move this matter along any faster. At this point
it's up to him. I am trying to build new barns to update my facility so it is in compliance and can't do anything
until this engineer comes out. All of my financing is held up until then, Farming is very tough • we need some
help, not someone or some group holding us back.
I am all in favor of doing things the right way and protecting our land from hazardous problems. Take a little.
more time to get out to the farms and see what is really going on.
I hope to be seeing someone from your office who can get this matter settled as soon as possible. I will work with
whoever and do whatever needs to be done to have this all taken care of. If there are any further problems or
questions, I may be reached at home at 336-468-2164 or on my mobile at 704-880-5086.
Thank you for your time and attention to this matter.
Sincerely,
Keith L. Stephens
Owner/Operator

.ram
�'"''
�I
SENR
mC npl o Rome 1 �712?T4'AMWEs&'rwL.�� � :�
I-Wso wish to receive the
m
eCompreltt items 3, 4e, turd 46. _ a ,
■ PApt'y2,ur game and address on the reverse of thib)'drm-i !
we can retum We
following services (for an
extra fee}:
l
oer4 yyoou. ,� .,:.« .�
■Attach-ihis town to the from of the mallplece, or on the bads d apace does not
1. ❑ Addressee's Address
m
&Wdfo,Rewtrt,pieCelpr Requested• on the mail below the article number.
rp9 A�
2. ❑ Restricted Delivery
}
Aets�m' ecetpt will show to whom the snide was delivered
and the date
o•iha
delivered.' -
•Consult postmaster for fee.
p�
3. A,rtideAddreessed to:
4a. Article Number
¢ ;
tiaLO,
E
4
E
1
/J
4b. Service Type
Registered Certlffed
❑ V
❑ press Mail ❑Insured
71 C
Retum Recelpt for Merchandise ❑ COD
'
�6 �7
7. Date of Delivery
- �5 -V
0
5. Received Pdnt Name)
a. Addressee's Address (Only if requested
j 1
and fee is paid)
i
10259&97-Ml79 Domestic Retum Receipt

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
W[NSTON-SALEM REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 10, 1998
CERTIFIED MAIL NUMBER P-536 313 276
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
139 Westglow Road
Statesville, NC 28677
SUBJECT: Notice of Violation and Recommendation for Enforcement Action
Animal Feedlot Operations Inspections
Keith Stephens Dairy
Surry County
Mr. Stephens:
The purpose of this letter is to summarize the inspection of your dairy on October 5,
1998. Jenny Rankin with this office and Tony Davis with the Surry County Soil and Water
Conservation District were present for the inspection. Enclosed is a copy of the inspection
form for your records. Specifically, the inspection was conducted to determine the status of
your compliance with Title 15A, North Carolina Administrative Code 2H .0200 regulations,
which govern wastewater disposal systems which do not discharge to surface waters of the
State.
The inspection found that even though the animal waste storage pond had adequate
freeboard on the day of the inspection, there were several other violations.
The facility lacks a Certified Animal Waste Management Plan (CAWMP). A copy of
a letter dated February 20, 1998 from DWQ is enclosed to explain the repercussions
of not having a CAWMP.
On the day of the inspection there were over 240 animals on site. The facility has
a design capacity for only 150 animals. According to .0217 Subpart (a)(1)(h1)(vii)
owners of new or expanded facilities serving animals over the threshold numbers are
required to obtain an approved animal waste management plan that covers the
minimum criteria for design, construction, operation and maintenance. A completed
certification form signed by a designated technical specialist must be submitted to
DWQ before the additional animals are stocked at the feedlot. Being over the design
capacity is a violation which needs to be addressed immediately. Either the number
of animals on the site needs to be reduced to the design capacity or you need to work
with the NRCS and SWCD to have a Certified Animal Waste Management plan
developed for the increased number of animals on site.
The facility lacks a certified operator. Failure to designate an Operator in Charge of
your animal waste management system is a violation of N.C. General Statute 9OA- 7.2.
585 WAUGHTOWN STNEET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

•
Mr. Keith Stephens
November 10, 1998
Page #2
• There was a substantial discharge of waste near the storage pond where the spreader truck had
been over loaded and the waste spilled out of the truck and flowed in a ditch to a field.
Although, it did not make it to a stream on the day of the inspection, precautions need to be taken
to prevent the spreader truck from being over loaded in the future. There should be no discharge
observed from any part of the operation.
• The field on the back side of the dam of the storage pond is eroding and has very little vegetation
on it. This area needs to be revegetated to prevent erosion.
The Winston-Salem Regional Office of the Division of Water Quality is considering sending a
recommendation for enforcement action to the Director of Water Quality. You are requested to respond
in writing to the Winston-Salem Regional Office within 10 days of receipt or this letter, advising what
corrective actions have been or will be taken to prevent future illegal discharges. Your justification will
be reviewed and forwarded to the Director for his consideration. In the absence of justification, the
Director shall proceed with the recommendation for enforcement. Please be aware that continued
violations could subject you to enforcement action with the possible assessment of civil penalties of
up to $10,000 per day per violation. Please be advised that nothing in this letter should be taken as
absolving you of the responsibility and liability for any past or future violations.
In order to reduce or avoid a civil penalty, you should submit a request for a Special Agreement
in which you propose that you have an extended period of time in which to obtain and implement a
Certified Animal Waste Management Plan. This Special Agreement request should be sent to the
following address:
Attn. Mr. Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
You should also contact the Surry County SWCD and NRCS to help you on your Certified
Animal Waste Management Plan.
Your cooperation in this matter is greatly appreciated. Should you have any question or concerns,
please do not hesitate to contact Jenny Rankin of this office at [phone].
Sincerely,
Larry D. Coble
Regional Supervisor
cc: Tony Davis, Surry County SWCD
Non -Discharge Compliance Group
Central Files
WSRO

10/30/98 10:01 FAX [phone]
101381199E 09, 32 336771 $ DIU OF tJATER TY F'A�,E 0 02
01
NodfW ion of Change of Own hip
,Animal Waste Management Facility
(Ple asc type or print all information dint does not requite a signzwrz)
In accordance with the requirements of 15A NCJkC 2H .0217(a)(1)(H)(. ii) this form is ofticiai
notification to the Division of Water Quality (DWQ) of the transfer of ownership of an Animal Waste
Management Facility. This fortu must be submitted to 17 M no later =n 50 days following the mmsfer
of ownership.
fR11g rarmatian:
-tame of Fa =--S A
ility No: 8.--_
previous Owner(s) Name-, one NO:r,--
Ncw Owner(s) Name: hone No:3 - y
Maituig Ad&%m: )v 8691
Farm Location.- Fourteen Digic Hydrologic Unit: D 0
La6cudeiaad Longitude; 12— W 1 V- - . _U— Counry:
Please attach a copy of a country road wap with location identified and describe below (Be speeit`rc: road
names, directions, milepost, etc.):
c ' lion•
7jpd051-arte No. of Are maU Type ofPotetrry Na. ofAnErn4u 7_ipe of ute No.af1.nirrals
❑ Wean to i ooder 13 Layer
'Q Feeder to Fittisb C2 pullets z Deaf
0 Farrow re Wean
© Fanvw to Fearer
7 Fao *w to Fkash Orherr Type of Vvesrackr_ Nk�nner of A►iinsclr: �, �,,,,
Am=ge AvallabLe far Application:-,,_ �__ Required AcreaPe:
Number of Lagoons ! Sturaac Ponds: ._ Total Capaciry: Cubic
ei��>r eFs�7k�;i*i�#�###�Rrii###t#**>Re�c*s��F�***'k�f riw*�**�*frees::+u�iM� Ft+x#�$*.M*aerra�r**�t•MMa#
Owner J Marna ,er Agreement
t (we) verily chat all the above iniorms402is court% and will be up l=ed upon cbanging. I (we) understand the operation wd
maintenance prueedums established in the approved anima waste AaarsagcmwYt p18n for the farm, caused move and will
implement dteae pcosedums_ 1 (we) Mow mat arty expansion to the existing design eapaclty of the Waste treatment and
swmp system of co=6-ucdean of now facilities will zequim a new cmti5catioa to be zubaximd to tee Division of Water
Qaaiiry (DMQ) before rite new ZttiroAh arc swcked. I (we:) tend-mrs:$ad that ttteerc must be rto 4:9schat;e of art mal waste hrom
the t; =!x or nppac won spar m to suture wants or ;he state either ditudy throttgb a mw-ff=Ae coaveyanse or anm s storm
"=t Icu severe dry the 23-year. 244wur storm and thammun not be run-off f m the application of animal waste. I (wz)
eadersmad dart rim -off of poiintants from lounging atsd heavy use areas muss be; minimized using tachbical standards
dardopw by the Natural Rzoutces Ccttservatiao Service The approved plea wilt be sled at the Earn and at the DM= of the
Jowl $or'1 and Wauer [anservadoa Distrigt. I (we) know Ural any ciodlficadaa mast be approved by a t %+Itfcw gwdalist and
subrnitrd to the Svii and. Watcr C4etmrv=jn Distzict prior re iirtglamem-Won_ A change in 12md ownership faquires written
ttorillcatlort to Dwq os a new cerdricnim (if the approval plan is aLmgeQ within 60 trays of a title rransEme.
Name of Nt�r d O er'A 54AQA0W-6—
Sloamre: Date: i4!7- 3a
Name of Manttger(if different from owner);
Signature_ Date:
-• please sign and return this form to: r4. C. Di-fision Of Water Qualltv
Water Quality Section, Compliance Group
Raleigh, NC 21626-0335
% CO — Mar L 1"46 opTeoreu FORM w ('►.so)
FAX TRANSMITTAL tat MOB ow
T-jIIae I k 0,rik 'i R—Tw.L. . ! .i.i.

10/30/98 10:01 FAX [phone] (21 02
R.
,;l • y� ~; -az: ;,l1o••i "1+..'f�,.-F' f1L�/L1s ?Ja
to slm IE lull
".lr�•11 Jot
J ;t •rl 1 } y
..°� Y ri•^�• . ••�- ` :1 l.e J t" GOP - `� lam' 3 Mt ALL
Al
id } ��
Fb LIM \.IMMIL
• ry pier-11tif a J n
/ 4 62ti Oak
LAM
�• I*
lent CAMP\ia�'•I \� �I ti•
1
�e91I�l YL4 a B. a ,".'�! y 1. yy J!S 1iJL
JJ?LPL
S
LIM
im rya r,� .1 IJu `
11 .29
UZL
s
o..vi'— ELL
im
,ue
pp6SON
f y + al 101JM ..rJ-
' ~ '� i' •fsr 7 a rws , �'' I 'r g , i
1
�• • 4 ' yy !ice y}7 1 MM im LA '�•
lima
LnL
,� • im 111J v 1 +
b der GV T !y 4rC .S' I a� 1.1 �.•���I ^ ..J
!
r Y�1 A ! Jr +�
E a ]81 a• a "SLMIL
r, i `� (((\•••...����1�•••... 1� I 1•» _ N +i if � r q��'
F If•1 Je !``�`, •• llll _ IIN �' 11T >l, .-
ug
' , I
7w� ' 1 111'• } .Jq'J'
JaL
2
,f I , Ur
(� �LU
'! IL
im
• Y
a �n�� ,,��- t•l � �.� '�� ti - t:4DfflN
•^"'�•a'+':. .. ... •,.l.Lti zs•.. BLOW! CD. Lee. .t? •� 0 ��•
` �l'�• NtlS CAGY IP7,tM'��?`•`w.,i''r. \`
•Ili

State of North Carca
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Keith Stevens
Facility Number 86-23
139 Westglow Road
Statesville, N.C. 28677
Dear Mr. Stevens:
-Nci5ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 9, 1998 AtOEIVED
N.C. Dept. of ENNA
MAR 1 1 1998
Winston-F`.,I?� rrz
Subject: Change6iE4dab isWp U[ f i C f)
Facility Number 86-23
Surry County
We were recently notified of your purchase of the Ronald Southard Farm, which was previously
owned by Mr. Ronald Southard in Surry County. The Division of Water Quality (DWQ) has assigned this
farm facility number 86-23 which you will find on the attached sheets. Please reference this facility
number on all correspondence with DWQ that is in reference to this farm. Please complete the attached
Notification of Change of Ownership form naming you as the owner to the best of your ability so that we
may update our records. If this farm is no longer being operated for swine, please complete the attached
form and attach a note that the farm is no longer operated and that you would like the farm to be removed
from our Active Animal Operations Registration List.
As of January 1, 1997 all owners of animal operations with animal waste management systems had
to designate an Operator in Charge. A training and certification program for operators of animal waste
management systems is available. Please contact your local county extension agent for training dates and
times. As the owner of an animal operation with an animal waste management system, you must designate
an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not
intend to operate your animal waste management system yourself, you must designate an employee or
engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge,
whether you or another person, must sign the enclosed application form.
If you have any questions concerning this letter, please do not hesitate to call me at
[phone], extension 571.
Sincerely,
,Ac,� x. 6/l
Sonya L. Avant
Environmental Engineer
Attachments
Cc: Winston-Salem Regional Office -- Division of Water Quality
Surry County Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary f
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Keith Stephens
Old Ronald Souther Farm
139 Westglow Road
Statesville NC 28677
Dear Keith Stephens:
1 � �
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 20, 199 8 RECF—wFD
N.C. Dept. of'(-HNI(
MAR 0 5 1998
Winston-S$;c,m
Regional Oftice
Subject: Request for Status Update
Certified Animal Waste Management Plan
Old Ronald Souther Farm
Facility Number: 86-23
Surry County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate BiII 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 'Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

r ?;
Also attached is a form (FR 2/98) that must be filled out if the facilit* longer in operation or is
below the threshold established i05A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
f
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECELPT REQUESTED
Ronald Southard
Ronald Southard
Rt. 1 Box 49
Elkin NC 28676
Dear Ronald Southard:
FAA
Aria
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
RECEIVED
N.C. Dept. of E HNA
F E 0 2 5 1998
Winston-Salem
Regional office
Subject: Request for Status Update
Certified Animal Waste Management Plan
Ronald Southard
Facility Number: 86-23
Surry County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Afrirmative Action Employer 50% recycled/10% post -consumer paper

e `;
Also attached is a form (Fo 2/98) that must be filled out if the facility i onger in operation or is
below the threshold established OW NCAC 2H .0217(a)(1)(A). Facilities which . ,aintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit, Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
PIease be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special.
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at {919) 733-5083 ext. 581.
Sincerely,
01
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WINSTON-SALF-m REGIONAL OFFICE
DIVISION OF WATER QUALITY
February 3, 1998
CERTIFIED MAIL 4P-536 310 611
RETURN RECEIPT REQUESTED
Mr. Keith Stephens
139 Westglow Road
Statesville, NC 28677
SUBJECT: Notice of Violation
Facility No. 86-23
Surry County
Dear Mr, Stephens:
The purpose of this letter is to summarize the inspection of your dairy on
January 29, 1998. On this date, Jenny Rankin and Eric Black of the Winston-Salem
Regional Office investigated a complaint that your storage pond was overflowing.
Upon arriving at the facility, they observed that the storage pond did not have
adequate freeboard as required by the Title 15 A, North Carolina Administrative Code
2H .0200 regulations. The appropriate amount of freeboard for a storage pond with
a spillway is about 18 inches. This means that there should be about 18 inches
between the bottom of the spillway and the top of the liquid level in the pit. On the
day of the inspection there was absolutely no freeboard and any precipitation would
cause the storage pond to overtop. In the phone conversation that you had with Ms.
Rankin on January 30, 1998, you said that you would try to pump down the storage
pond on February 2, 1998.
Please be advised that any non -permitted discharge of any type of wastewater
to the waters of the State is illegal as per North Carolina General Statute 143-215.1.
Enforcement actions will be taken if you have a discharge to waters of the State. Also
if the freeboard of the storage pond is not lowered to the adequate level you will
receive future Notices of Violation. Please be aware that continued violations could
subject you to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
Attached is an inspection form for your reference. It lists some other
deficiencies that need to be addressed in your Certified Animal Waste Management
Plan. If you have any questions about how to handle these problems, please contact
5S5 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE[phone] PAX336-771-4631
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% jRECYCLEEDD110% POST -CONSUMER PAPER
'y�,�

Mr. Keith Stephens
February 3, 1998
Page #2
the Surry County Soil and Water Conservation District.
Your cooperation in this matter is greatly appreciated. If you have any questions
concerning this matter, please contact Jenny Rankin or Steve Mauney at [phone].
Sincerely,
Larry D. Coble
Regional Supervisor
cc: Shannon Langley
Tony Davis
Central Files
WSRO

0
p Routine 0 ComplainT p o ow -up of VWQ inspection p o ow -up of DSWC review p Other
Date of Inspection 1/29/98
Facility Number Time of Inspection 0 24 hr. (hh:mm)1
Farm Status: Registered
Farm Name: Kelttt.Slepliens.Dairy.......................................... ..... County-. Surry
...................................
WSRO
Owner Name: Keitb..Stephems........................................................................................... Phone No:(H):.7.1t4-S92.:.5Q3.5.4.W.):..7.1t4..59.2-2.1.U.7..........
Mailing Address: 139..W.estg1awJWad........................................................................... Sta:t Ville,.N.C...................................................... 2R6.7.7...............
Onsite Representative: Marcus,.Rodrigues................................................................... Integrator:......................................................................................
Certified Operator:Keith.Stnpltens.................. . Operator Certification Number:
.........................
Location of Farm:
Latitude ®� ©� ®�° Longitude
p of perational Date Last Operated: .......................................................................................................
Type of Operation and Design Capacity
General
I. Are there any buffers that need maintenance/improvement? []Yes N No
2. Is any discharge observed from any part of the operation? p Yes ® No
a. If discharge is observed, was the conveyance man-made? ❑Yes p No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) p Yes p No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes p No
3. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
4. Were there any adverse impacts to the waters of the State other than from a discharge?' ❑ Yes ® No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ® Yes p No
maintenance/improvement?

6. Is facility not in compliance with any i able setback criteria?
7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/l/97)?
p Yes ® No
® Yes []No
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Lagoons and/or Holding Ponds
9. Is structural freeboard less than adequate?
Freeboard (ft): Lagoon l Lagoon 2 Lagoon 3
0
10, Is seepage observed from any of the structures?
11. Is erosion, or.any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adquate markers to identify start and stop pumping levels?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type....................................................................................................................................................
16. Do the active crops differ with those designated in the Animal Waste Management Plan?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the cover crop need improvement?
19. Is there a lack of available irrigation equipment?
For Certified Facilities Only-
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
22. Does record keeping need improvement?
23. Does facility require a follow-up visit by same agency?
p Yes H No
® Yes p No
Lagoon 4
p Yes ® No
® Yes p No
® Yes p No
® Yes p No
p Yes p No
p Yes p No
® Yes p No
p Yes ❑ No
p Yes ❑ No
® Yes p No
p Yes p No
p Yes p No
® Yes ❑ No
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? p Yes ® No
Reviewer/Inspector Name envy, an m
Reviewer/Inspector Signature: Date:

•
__ _ .: µT.-.. •u:"d�,�,r �: :. :fir' ^7's'�:.,,,, :. __ _ _
Table 1_ �Anilnai #hreshoid.numbers ' .
„Aims Typei? "'1Vumber of Animals
j
l 00
Whe
'250
Noises' %rj
Sheep1,000
t 14
Poultry' liquid Waste -system"
• Registration: submission of a one -page form to DEM.
Farmers with waste management systems that serve
more animals than the numbers given in Table I must
submit the form by December 31, 1993.
• Approved Animal Waste Management Plan:. a plan
to properly collect, treat, and store or land apply animal
waste in an environmentally safe manner that is ap-
proved by a technical specialist designated by the Soil
and Water Conservation Commission. '
• Certification: farmers with waste management
systems that serve more animals than the numbers
given in Table 1 must submit a one -page form to DEM
indicating that their animal waste management plan has
been approved. Existing farms must be certified by
December 31, 1997. New and expanded farms must be
certified before animals are stocked.
• Perennial Waters: waters indicated by a blue line on
the most recent version of the U.S. Geological Survey
1:24,000 (7.5 minute) scale topographic maps. Maps of
perennial waters are available from -your local Soil
Conservation Service (SCS) office.
• Deemed Permitted: animal operations functioning
without discharge and meeting all other applicable
rules for the specific type of system are considered
permitted even though an individual permit for con-
struction and operation has not been received from the
Division of Environmental Management (DEM).
• Agronomic Rates: application of waste materials to
supply only the amount of nutrients that will be used by
the crop. Agronomic rates are determined through soil
testing, waste analyses, and knowledge of crop needs.
Applying nutrients at agronomic rates decreases the
likelihood of nutrient loss through leaching and runoff.
flow To COMPLY
All animal waste management systems, regardless of size,
must operate without discharge to surface waters of the
state, except in the event of rainfall greater than the 25-year,
24-hour storm. In order to be deemed permitted, certain
feedlots must meet additional criteria. The two main parts of
compliance are registration and certification. These are
explained further as, they apply to each type of system.
Poultry Waste Management Systems
Dry Litter Systems
Poultry farms that use a dry litter system are not required to
obtain an approved waste management plan; but they must
comply with the following:
1) Maintain records for one year, including dates the litter
was removed, the estimated amount of litter removed,
and the location of the sites where the litter was applied.
2) Apply litter within agronomic rates.
3) Maintain a buffer of at least 100 feet between perennial
waters and stockpiled litter.
4) Keep a record of the name, address, and phone number
of any third -party applicator.
Wet Systems
Facilities with a liquid waste system that serves equal to or
greater -than 30,000 birds must follow the appropriate
registration, approval, and certification procedures for
existing, new, and expanded waste management systems.
Pastures
Pastures are deemed permitted without registration and
certification if animal waste does not reach surface waters
by runoff, drift, or direct discharge. Certain pastures, such
as loafing areas, however, may qualify as feedlots. In that
case, registration and certification of an animal waste
management plan are necessary,
feedlots with Less than ,animal Threshold Numbers
The numbers given in Table I are considered threshold
numbers for animal populations. Animal waste management
systems that serve fewer animals than the numbers listed in
Table l are deemed permitted as long as they are operating
without discharge.

State of North Cana
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Steve W. Tedder, Chairman
Ronald Southard
Ronald Southard Farm
Rt. I Box 49
Elkin NC 28676
Dear Mr. Southard:
F ;6"
11�1`7
D E N .
�G 0 e Pt.G$'�'.4�a{��
DEC 3t1W
1Ninston-saiem
Regional Office
Subject: Classification of Animal Waste Management Systems
Facility: Ronald Southard Farm
Facility ID #: 86-23
County: Surry
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge (OIC) by January I, 1997, for each
animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more
horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management
system. Our records indicate that your facility is registered with the Division of Water Quality and meets
the requirements for designating an OIC.
A training and certification program is available for animal waste management system operators. For
information on the training programs please contact your local Cooperative Extension Agent. Operator
certifications are issued by the Water Pollution Control Systems Operators Certification Commission
(WPCSOCC). For information on the certification process, please contact the Technical Assistance and
Certification Unit at [phone]. The type of training and certification required for the operator of each
system is based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat
the animal waste. There are two types of animal waste management systems, type A and type B. Type A
animal waste management systems are generally used to treat waste generated by monogastric animals
which produce a low -fiber waste. Type B animal waste management systems are generally used to treat
waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and
certification an operator receives should correspond with the type of system(s) they intend to operate. For
more information on the classification of your system please contact the Technical Assistance and
Certification Unit.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not
intend to operate your animal waste management system yourself, you must designate an employee or
engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge,
whether yourself or another person, must possess a currently valid certificate of the appropriate type.
Sincerely,
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cd/AW OIC Designation
Enclosure
cc: Winston-Salem Regional Office
Water Quality Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

r State of North Carol*
Department of Environment,
Health and Natural Resources 1,..•
Winston-Salem Regional Office
James B."Hunt, Jr., Governor
IDIE,HNF;Z:,
DIVISION OF WATER QUALITY
November 10, 1997
Mr. Keith Stevens
139 Westglow Road
Statesville, NC 28677
SUBJECT: Notice of Deficiency
Animal Feedlot Operations Inspection
Keith Stevens Dairy
Facility No. 86-23
Surry County
Dear Mr. Stevens:
The purpose of this letter is to summarize the required inspection of your dairy on
October 30, 1997. Tony Davis with the Surry County Soil and Water Conservation District,
Marcus Rodriguez, and myself were present for the inspection. Attached is a finalized copy of
the Animal Operation Site Inspection form that was forwarded to Raleigh.
The inspection found that your storage pond did not have adequate freeboard and
needed to be pumped down. The area around the storage pond needs to be cleared of weeds,
revegetated with grass, and maintained. There are also some holes where animals burrowed
around the sides of the storage pond that need to be filled.
Your farm was inadvertently taken off the registration list,' but since this inspection has
been replaced on the list. This will require you to have a Certified Animal Waste Management
Plan filed with our office by December 31, 1997
On November 7, 1997 I performed a follow-up inspection to see if efforts had been
made to pump down the storage pond. I found that the storage pored was in the process of
being pumped down and land applied. Attached is a copy of the follow-up inspection form.
585 Woughtown Street, �4V�� FAX [phone]
Winston-Salem, North Carolina 27107-2241 r� An Equal Opportunity/Affirmative Action Employer
Voice 910-771-46M 50% recycled/10% post -consumer paper

•
Mr. Keith Stevens
November 10, 1997
Page #2
Please don't hesitate to contact me at the Winston-Salem Regional Office if you have
any questions or concerns.
Sincerely,
Jenny Rankin
Environmental Technician
cc: Central Files
WSRO
` ou. D aurc�o

State of North Carcl
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 3, 1997
Ronald Southard
Ronald Southard
Rt. 2 Box 362
State Road NC 28676
Dear Mr. Southard:
EDP_
PE
N.C. C3ept. of EHNR
APR 0 7 1997
Winston-Salem,
SUBJECT: Notice of Violation `egional QffiCa
Designation of Operator in Charge
Ronald Southard
Facility Number 86--23
Surry County
You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we, are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If'youhave. questions concerning this matter, please contact our Technical Assistance and Certification Group at
[phone].
Sincerely,
for
Steve W. Tedder, Chief
Water Quality Section
cc: Winston-Salem Regional Office
Facility File
Enclosures
P.O. Box 29535. N%ocAn
owFAX 919-733-2496
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmotive Action Employer
Telephone [phone] recycles/ I (No post -consumer paper

NORTH CAROLINA
DEPARTMENT OF�
ENVIRONMENT, HEALTH � r�
& E)F.=HNF;Z
NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
585 Waughtown Street
Winston-Salem, N.C. 27107
Phone: [phone]
TO:
FAX NUMBER: Qcv� \���—
FROM:
DATE:'
Number of pages (including cover page)
COMMENTS:
Fax: [phone]
��r
�1

State of North Rar
*rnment,
Department on
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Ronald Southard
Ronald Southard
Rt. 2 Box 362
State Road NC 28676
Dear Mr. Southard:
is
1 � •
a E �
April 3, 1997 `' � _
APR 0 ? 1397
WSnsl(c,i3-S@,kk�M
Office
SUBJECT: Notice ofViolation f `egIo�i
Designation of Operator in Charge
Ronald Southard
Facility Number 86--23
Surry County
You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we are sending you additional copies of the Operator in Charge Designation Forru specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at
[phone].
Sincerely,
for
Steve W. Tedder, Chief
Water Quality Section
cc: Winston-Salem Regional Office
Facility File
Enclosures �.
P.O. Box 29535, FAX [phone]
Raleigh, North Carolina 27626-0535 �C An Equal Opportunity/Affirmative Action Employer
Telephone [phone]% recycles/ 10% post -consumer paper

;EGIONPL OFFICE Fax:[phone]
-I< Tr•ans m i t Conf. . P—ep rt
Apr 16 '97
-+--
14:26
WS REGIONAL OFFICE --- 89103869828
No.
0009
Mode
NORMAL
Tirne
114511
Pages
3 Page(s)
Result
0 K

EHNR -
MANAGEMENT
TISA: 02H .0200
sewage disposal system. Pipelines or conduits, pumping stations and appliances appurtenant thereto will
not be considered to be building sewers if they traverse adjoining property under separate ownership or
travel along any highway right of way.
(9)
"C horizon" mesas the unconsolidated material underlying the soil solum, which may or may not be the
same as the parent material from which the solum is formed but is below the zones of major biological
activity and exhibits characteristics more similar to rock than to soil.
(10)
"Director" means the Director of the Division of Environmental Management, Department of
Environment, Health, and Natural Resources or his delegate.
(11)
"Dedicated site" means a site:
(a) to which residuals are applied at rates or frequencies greater than agronomically justifiable, or
where the primary use of the land is for residual disposal and crop or ground cover production is
of secondary importance,
(b) any residual disposal site designated by the Director, or
(c) where the primary use of the land is for the repetitive treatment of soils containing petroleum
products or petroleum contaminated residues and crop or ground cover production is of secondary
importance.
(12)
"Deemed permitted" means that a facility is considered as having a needed permit and being compliant
with the permitting requirements of G.S. 143-215.1(a) even though it has not received an individual
permit for its construction or operation.
(13)
"Division" or "(DEMY means the Division of Environmental Management, Department of Environment,
Health, and Natural Resources.
"Exit
(14)
animal waste management system"means any animal waste management system which:
(a) was completed and was being operated on the effective date of this Rule,
(b) serves a feedlot stocked with animals after the effective date of this Rule and has been deemed
permitted pursuant to 15A NCAC 2H .0217(a)(1), or
(c) serves a feedlot that has been abandoned or unused for a period of less than fourlean.
(15)
"Expanded animal waste management system" means animal waste treatment and storage facilities which
require an increase over the existing anima.] waste design treatment and storage capacity due to an increase
in animal population at the feedlot.
(16)
"Feedlot" means a lot or building or combination of lots and buildings intended for the confined feeding,
breeding, raising or holding of animals and specifically designed as a confinement area in which animal
waste may accumulate or where the concentration of animals is such that an established vegetative cover
cannot be maintained. The confinement period must be for at least 45 days out of a 12 month period and
not necessarily consecutive days. Pastures shall not be considered feedlots under this Rule.
(17)
"General Permit" means a permit issued under G.S. 143-215. 1 (b)(3) and (4).
(18)
"Groundwaters" means those waters in the saturated zone of the earth as defined in 15A NCAC 2L.
(19)
"Industrial wastewater" means all wastewater other than sewage and includes:
(a) wastewater resulting from any process of industry or manufacture, or from the development of any
natural resource;
(b) wastewater resulting from processes of trade or business, including wastewater from laundromats
and vehicle/equipment washes, but -not wastewater from restaurants;
(c) stormwater will not be considered to be an industrial wastewater unless it is contaminated with an
industrial wastewater,
(d) any combination of sewage and industrial wastewater;
(e) municipal wastewater will be considered to be industrial wastewater unless it can be demonstrated
to the satisfaction of the Division that the wastewater contains no industrial wastewater,
(f) Petroleum contaminated groundwater extracted as part of an approved groundwater remediation
system.
(20)
"Infiltration Systems" means a subsurface ground absorption system expressly designed for the
introduction of previously treated petroleum contaminated water into the subsurface environment.
(21)
"New animal waste management system" means animal waste management systems which are constructed
and operated at a site where no feedlot existed previously or where a system, serving a feedlot has been
abandoned or unused for a period of four years or more and is then put back into service.
(22)
"Process to Further Reduce Pathogens" or "PFRP" means a residuals stabilization process that reduces
pathogens to below detection levels. The procedures that may be utilized to meet this requirement are
contained in 40 CFR 257, Appendix Il which is hereby incorporated. by reference including any
subsequent amendments and editions. Copies of this publication are available from the Government
NORTH CAROLINA ADMINISTRATIVE CODE 10118196 Page 2

tod-t-S

k
►�i
N
i5
1�.
j

r�
r _ QrC1Sr rDte,
Y
1
� ,
��
Az

' RE0I=Ix'r-r-)
N.C. Dr:_' .. _.._....ri
MAR - 4 1997
Winston-Salem
Regional Office
1-L,,e � s 4~A�
We had
caw, aas;.,4 /eI as
6rc j Go;.,,lr
4/pC. 5 r v
<Z4 LQ�
TQ[n
sZs69MT6 XVI Et:so L6-ro/cU

�w
J
(I
1
00
N
GO
c�
m
ao
0
cs
-r;
w
-r
G
r-
co
�u
G

• ''�S• :i35 r'�c. I I ��- ..� �\ I - // _ {I5} li' i � j �-�`1. .,"� i � F� EI I 55t- t _ Iy j .fF
�E� � - 1 � - r-�If` l%�' I` i� y., �l� `\i 1-`r �.� lil•��` ,l� f r_'•�•r 1I •�
Q—k
14
,( +_y I. _Y• =
Pt
841f
•�� ��,' .I �'r -- � :.�.. J
VVV _ .k t*,G, S \1 �-?ia,--;e ,1 `4 11 �� /7�f` I rll� _ �` �n r(i �'• � tr ;•-
TI.:
;�5. . �_ I '�` ,'I. �r� I ,.Y• � . A _/ ��'�J_ � lam? �_ y ��M1� � r{e�
]j // Ij I+r
FL - •E1 IL1Y ���; .f' i':i ' _�� .•� '. :tom
(f'Pa� h` l•" I1 2� L •! r•SJ 'rw +r�.f`�� t y �, 9 't{,
I iyb. Cedarhrrak r+t+
i ly • C}yf s� �+ +\ i} r.
Cnunlry Club ,- fern
' -' '� • ~; S' ,'1, 11. } } -' nsa } , C'
vA , t. I. '--��__� j �� -•.y. - _ - `�•_ f,�j yam, y F= ,
:� � . - - � t• , I j II -�= 1 IrrA __ � _ .e rt ,� � t'' ` � {I � - �- GY's•r- �- �15
°e 1 i � •" � 4d 4•.f� � �. f IItII;'� _ lily:-- � .`'I ''if IA K
�Greea�GS'Rek� .b i1) ,� r!" (Y - - (I I�.1_'.IK.
0
�.I�it --� fr. y4. • r til L 1 ��;•,� � r I ")- �_ �. ' `-� ��.---,-----:,--�':c '1. .1 1'
Aq
, } 'N F'f I - Slvi�-`.CY'r-�, i \ -. �•r�{f �� I F - I k / 1 '�. 1
_ ----
c] � .. .;ri � I -� � � f �- ~ i7av _ ��- • "'
co-` � ,-.il I r ,�'u Il � 1�- �!]• ' rr:G7 _ .� ;'lal f\ ��.I 14 ` %'_ y >�.-
C h
North'I 4'.
�. 1' k F.Ip
nn.'3Tr{:I
�f11 r5 ii�¢', Opp ;:ray i`I I�If'+wl
�r#i f ;.� } ; �ii J1i (� Iii 15w_l..{; V fl i r.• _ r� �` �� 1.1�
f j _ ��! -5 '✓ I L � 6 "a l' -_�•' 1 �-__,r _ �.. ��4 l4i
� !.r .. {� - � rt��.' •,` 'I� _� " t , 1•y .."'•�,' � ,�yl `j •Y� �kljf.; 'I ' "�_�,�'F,• �l% �� r, � '�_ I }1.5!
fig
-} - 1 `II. 11.1 .~ 1 �- ` �k. �•� �f, ! � �� .. / yy 1+ ����.��� ryp� � , � r _ 5, -
�`'-•-cJ'i�2HN-- 4. .• ,i., \ `�, �I ---1 �tj., m•' rrrr.-:--y-:'rG1PLYl 'c`y 'j: t
�+
';� .. �Fll,lrf � /��,� � ���� .r: L_�_�---T`_=� - :ram-f• a-.�;�•�.- - ^_-`4a>Crgg��e_• r:� Elk
Ar in Dry m
r LTe r1, ra rae
Ir
` ii' , _ I -. `.�) � - ,I r �� J „ �S• i• � P r � I Vh _ .. I • � I l! K ��
- r --- 'il,��i ... �� i_ �.`�1.•r`- 1 -,j�I � i - , t) ,f' -` ti, •I r f
trig' 1 4ti: ••L . ''.•,' ... I _ r �Q�� 'i _. f _ f ! ` ,• : Oy7 _ � r _ • + ' �, i� +��} . � ' ,r
'kr 'I�y `r t45 -�1.. ' y ..\ . C� { E rL 0 f •r' :�:� '' `1-
�_•. ii 7i" ; 1� f/�� 5 i' _ l r. ��`j'� -: l� � R� ' J . � � � j1 -c 4 �- _ 1� �r • f4
�. � . '�'_= TCi��LV ^�S.'•' ! 'j/. �,l j � . 7 �JY 1 tl- •�✓�/-3���f�.�•/ n. a�_ - - ,:.�, {,
! ,�-

State of North Carolio
Department of Environment,
Health and Natural Resources
James B. Hunt, A, Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5,1996
Ronald Southard
Ronald Southard
Rt. 2 Box 362
State Road NC 28676
Dear Mr. Southard:
Al
(DEEHNF;�
Subject: Operator In Charge Designation
Facility: Ronald Southard
Facility ID #: 86-23
Surry County
R E-IVED,
N.C. �� ;�L. of EHNR
DEC 12 1995
—i Office
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an 01C.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 919/733-0026.
Sincerely,
/ /� ze,5—A"U,
FOR Steve W. edder
Enclosures
cc: Winston Salem Regional Office
Water Quality Files
Water Pollution Control System e.Voice 919-733-0026 FAX [phone]
Operators Certification Commission Nv.f C An Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/10% post -consumer paper