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990007_CORRESPONDENCE_20171231
■ 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 Louis Shore 2220 Shore Road Yadkinville. NC 27055 A., Received by (Please Print Clearly) B. Date of Delivery L o u. .3 4, r C �• g -O � C. Si nature X < ❑ Agent ❑ Addressee D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type *ertified Mall ' ❑ Express Mail ❑ Registered 11 .Return Receipt for Merchandise ❑ Insured Mail ❑ G.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 7o ?l 3!FAa _daoG 2.3/.; 717-3 PS Form 3811, July 1999 Domestic Return Receipt 102595.00 M 0952 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Uags Paid T ,S #arl4 VCI 'No.��10 �r • Sender: Please print your name, address, and ZIP+4 in this DEC Q 3 2001 NC DENR Winston-Salem WATER QUALITY SECTION- Re4iona l Uff}Ce ` 585 WAUGHTOWN STREET ' WINSTON SALEM NC 27147-2241 O'�J Il1IlIl11lllitllllttl!ltl�ll}l�E3Illllli'I�IIl�IFIlklllllllll� ■ Complete items 1, 2, and 3. Also comps. 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. Article Addressed to: Mr. Louis Shore 2220 Shore Road Yadkillviile, Ncc 27055 A. Sits ature X [/J ❑Agent dt:C,4 ffll� ©.Addressee stewed by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No tdkl 3. Ser0d Type Certified Mail O-E ress Mail ❑ Registered eturn Receipt -for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. 7001 2510 0001,,47178i15505 — PS Form 3811 August 2001 + Domestic Return Receipt 2ACPRI-09 Z-0985 UNITED STATES POSTAL SERVICE - First -Class Mail Postage & Fees Paid LISP SNITED STATES POSTAL SERVICE --IS W I Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NCDENR - Division of Water Quality Water Quality Section 585 Waughtown Street Winston-S;tlem NC 27107-2241 —M S''k5 Yadkin Soil and Water Conservation District NC Department of 2051 Agricultural Way Environmental Quality Suite 207 Received Yadkinville, NC 27055 AUG 17 2017 Ph. (336) 518-3929 Winston-Salem Regional Office August 15, 2017 RE: Shore Brothers Dairy Waste Pond Closure Melissa Rosebrock NCDENR-Division of Water Resources Water Quality Regional Operations Section Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 Dear Melissa Rosebrock: Please see included the closure form for Shore Brothers Dairy. Louis Shore recently completed.his waste pond closure. I've informed the NC Foundation for Soil and Water Conservation that you will be sending the closure form to them after notes have been made. Thank you for working with us on this waste pond closure project. Thank you, Leigh Calloway Yadkin Soil and Water V-AJ-� SA,,t- 7,8 AA� �`l7/zot7. U" �Animal Waste Storage Pond and Lagoon Closure Report Form (Please type or print all information that does not require a signature) General Information: Name of Farm: Shom &b4W_5 _V_w ram_ __- - Facility No: 00'7 Owner(s) Name: Lochs Sham_ Mailing Address: XQ0 Sire. 44, Phone No: &, la-7Wy_,( 53R County: VLl 416t, O eration Description(remaining animals only): aPlease 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 agoon closure, please provide the following information on the animals that will remain. Zero Qn i mats on Con tree.-Jv_ j0+- Operation Description: Type of Swine No. ofAnimals o Wean to Feeder o Feeder to Finish o Farrow to Wean o Farrow to Feeder o Farrow to Finish o Gilts • Boars TypeofPoultry No. ofAnimals o Layer o Non -Layer Type of Beef No. ofAnimals o Brood o Feeders o Stockers Other Type ofLivestock: Type of Dairy o Milking •Dry o Heifers o Calves No. ofAnimals Number ofAnimals: Will the farm maintain a number of animals greater than the G.S. § 143-215.1013 threshold? Yes o No a� Will other lagoons be in operation at this farm after this one closes? Yes o No a/' How many lagoons are left inuse on this farm?: n p rU- (Name) ftlekssa RosL 1 �Odc of the Water Quality Regional Operations Section staff in the Division of Water Resources' Wlrsyn - Sale ^ Regional Office (see map on back) was contacted on ! (date) for notification of the pending closure of this pond 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 NRCS 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 Lan wner PleasePrint): O rA i 's Signature: A. — Date: VIS12011 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 of Technical Specialist (Please Prink): X' [1 �s ;$CeA_ 11 skeefS Affiliation: AlkC 5 Address (Agency): 20S ! ftWgd4Wn I WNW �t tog Phone No.: l $- 39 Z Signature: J YadkiAUIi(QC ,rNIZ,7o$S Date: iS Return within 15 days following completion of animal water storage pond or lam o 'Quality N. C. Division of Water Resources Received DW Animal Feeding Operations Branch AUG j T 20�7 • 1636 Mail Service Center JZt� $//5-/ Z0J-7. Raleigh, NC 27699-1636 Winston-Salem /VA wQ r Regional Office PLC - 1 Nov 19, 2013 Rosebrock, Melissa From: Calloway, Leigh - NRCS, Yadkinville, NC <Leigh.Calloway@nc.nacdnet.net> Sent: Tuesday, April 25, 201711:35 AM To: Rosebrock, Melissa Subject: Updates Update: I've finished a.draft copy of Koopman's waste plan and sent it to him for review. I've received all of Smitherman's converted soil samples, Was not able to import the cvs files produced by the lab. I will now begin the process of matching samples to fields and then entering them one by one. I have on my calendar to call Cass next week. E(ouis is not actively working on his closure due to corn planting and too much rain I've not heard anything from Riley. Leigh This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. • 0 Nutrient Management Plan For Animal Waste Utilization 02-23-2017 This plan has been prepared for: Shore Brother's Darcy Lauds Shore 2220 Shore Rd Yadkinville, NC 27055 336-244-6536 This plan has been developed by: Leigh Calloway Yadkin Soil and Water 2051 Agricultural Way Yadkinvdlle, NC 27055 336-518-3929 Developer Signature Type of Plan: Nutrient Management with Manure Only Owner/Manager/Producer Agreement I (we) understand and agree to the specifications and the operation and maintenance procedures established. In this nutrient management plan which Includes an animal waste utilization plan for the farm named above. I have read and understand the Required Specifications concerning animal waste management that are Included with this plan. Signature (owner) Date Signature (manager or producer) Date This plan meets the minimum standards and specifications of the U.S. Department of Agriculture - Natural Resources Conservation Service or the standard of practices adopted by the Soil and Water Conservation Commission. Plan Approved By: Technical Specialist Signature Date -------------------------- ----------------------------------------------------------------••---------------...--------------------------------- 886164 Database Version 3.1 Date Pruned: 08-15-2017 Cover Page 1 Nutrients applied in accord,- mcewith this plan will be supplied fi om the following source(s): Commercial Fertilizer is not includ,A in this plan. U2 (Closure) waste pond is an animal waste storage structure that is no longer in operation and is being closed as part of a closure plan. There are an estimated 280,519 gallons in this structure prior to closure. Estimated Pounds of Plant Available Nitrogen Generated Broadcast 313 Incorporated 427 Injected 484 Irrigated 285 Max. Avail. PAN (lbs) * ActualPAN Applied (lbs) PAN Swplus/ Deficit (lbs) Actual Volume Applied (Gallons) Volume Surplus/ Deficit (Gallons) 313 332 -19 296,983 -16,464 11 Note--------- Iiz ............ . tan....ar.d.. •.. ----rce, ------m--eans---------ser----deli----------ed-so•-u---rc---.--------------------------------------------------- : source 1D, S means sdsc �uU uue * Max. Available PAN is calculated on the basis of the actual application method(s) identified in the plan for this source. 886164 Database Version 3.1 Date Printed: 08-15-2017 Source Page 1 of 1 0 • The table shown below provides a summary of the crops or rotations included in this plan for each field. Realistic Yield estimates are also provided for each crop, as well as the crop's P205 Removal Rate, The Leaching Index (LD and the Phosphorous Loss Assessment Tool (PLAT) Rating are also provided for each field, where available. If field's PLAT Rating is High, any planned manure application is limited to the phosphorous removal rate of the harvested plant biomass for the crop rotation or multiple years in the crop sequence. Fields with a Very High PLAT Rating should receive no additional applications of manure. Regardless of the PLAT rating, starter fertilizers may be recommended in accordance with North Carolina State University guidelines or recommendations. The quantity of P205 applied to each crap is shown in the following table if the field's PLAT rating is High or Very High. Planned Crops Summary Tract Field Total Acres Useable Aar Plat Rating Soil Series Crop Sequence RYE P205 Rennval obsAacre) Ambod ¢bsdune) 2521 4 19.81 19.50 Low NIA Cecil Mixed Cool Season Grass -Pasture 3 4 Tom 5 NIA PLAN TOTALS: 19.81 19.50 LC ; Polemial ,eachin Technkal Guidance 2 Low potential to contribute to soluble None nutrient leaching below the root zone. x 2 & Moderate potential to contribute to Nutrient Management (590) should be planned. �^ 10 soluble nutrient leaching below the root zone. High potential to contribute to soluble Nutrient Management (590) should be planned. Other conservation practices that improve nutrient leaching below the root zone, the soils available water holding capacity and improve nutrient use efficiency should be > 10 considered. Examples are Cover Crops (340) to scavenge nutrients, Sod -Based Rotations (328), Long -Term No-IM (778), and edge -of -Geld practices such as Filter Strips (393) and Riparian Forest Buffers (391). -Pu rin (ea Rating P Mafurgenteirl Recommendation . 0 - 25 Low No adjustment needed; N based application 25 - 50 Medium No adjustment needed; N based application 51 - 100 High Application limited to crop P removal > 100 Very High Starter P application only 886164 Database Version 3.1 Date Printed 8/15/2017 PCs Page I of I NOTE: Symbol * means user entered data. The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maxim i e nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied bymanum or other by-products, commercial ferll7izer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen tom each soiree is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. Waste Ufflization Table Year I Traci Field Soiree ID soil series Total Acres UM ACM crop RYE Apple. Period ir%,en PA Nurrieat Reed pbs/A) Comm Felt. Nutiint Applied abs/A) Res. 9WA) Appfic Method Manure PA Nutrient Appficd (WA) Liquid Mm=A pplicd (gas) Solid Mamie Applied (aetc) Liquid Manure Applied (Field) Solid Manure AMAW (Field) N N N N 100? gaVA Tons 1000 gals togs 2521 4 U2 1 19.81 I9.S0 Mixod Cool S== Qws-PasUme 3.4 Tons 81l -7/31 113 0 0 Bnoad. 1 1S.23 0.00 296.9 0.00 Total Applied. 1000 pHons 296.9 Ma Total Protiaced. 1000 Sallow 280-S� Balance, I0p0 gapom -16.4 "RIM, Total Applied, tors jE g 0.00 Total. Prppo��d��uc��ed��, tons 0.00 waoawG tons ��= 0. 00 Notes: 1. In the tract column, — symbol means leased, otherwise, owned. 2. Symbol * means uses entered data. 886164 Database Version 3.1 Date Printed: 8/15/2017 WUT Page I of 1 • E The Nutrient Management Recommendations table shown below provides an annual summary of the nutrient management plan developed for this operation. This table provides a nutrient balance for the listed fields and crops for each year of the plan. Required nutrients are based on the realistic yields of the crops to be grown, their nutrient requirements and soil test results. The quantity of nutrient supplied by each source is also identified. The total quantity of nitrogen applied -to each crop should not exceed the required amount. However, the quantity of other -nutrients applied may exceed their required amounts. This most commonly occurs when manure or other byproducts are utilized to meet the nitrogen needs of the crop. Nutrient management plans may require that the application of animal waste be limited so as to prevent over application ofphosphorous when excessive levels of this nutrient are detected in a field. In such situations, additional nitrogen applications from nonorganic sources may be required to supply the recommended amounts of nitrogen. Nutrient Management Recommendations Test YEAR I N (Ibs/A) P2O5 (lbs/A) I K2O (Ibs/A) Mg (lbs/A) Mn (Ibs/A) Zn (lbs/A) Cu (lbs/A) Lime I (tons'A) Tract I Field 2521 4 Req'd Nutriaits 113 0 0 0 0 0 0 0 Acres App. Period 19.50 1 8/1-7/31 Supplied By: CROP Mixed Cool Season Grass -Pasture Starter 0 0 0 0 0 0 0 0 Commercial Fert. 0 0 0 0 0 0 0 0 Soil Series Cecil Residual 0 0 01 0 0 0 0 0 RYE I Sample Date 3.4Tons 1 02-10.17 1 Mawrel 171 26 16 15 1 1 11 E 0 P Removal Rating S lbs/ac. 11., 1 BALANCE 1 -961 26 161 151 11 1 1 0 NOTE, Symbol 0 means user entered data. 886164 Database Version 3.1 Date Printed: 8/10017 NMR Page I or 1 The Required Soil Test Values shown in the following table provide a summary of recommended actions that should be taken if soil tests indicate excessive levels of copper or zinc. Fields that receive manure must have an annual soil analysis for these elements High levels of zinc and copper can adversely affect plant gowth. Alternative crop sites must be used when the concentration of these metals approach excessive levels. Site life can be estimated by dividing the amount of copper and zinc to be applied in lbs/acre by 0.03 6 and 0.071, respectively and multiplying the result by 0.85. By adding this quantity to the current soil index for copper or zinc, we can predict life of the site for waste disposal. In addition to copper and zinc indices, this table also provides a summary of lime recommendations for each crop based on the most recent soil sample. Application of lime at recommended rates is mecessaryto maintain soil pH in the optimum range for crop production - Reouired Soil Test Values Tract Field Cave pH I lax Recmn. (topsiacne) CU-i Copper Rwammmdation Za-i Zinc Recommendation 2521 4 Mixed Cool Season Grass -Pam 62 0.0 428 None 9677None ---------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------- ------------ ------------------------------------- ---------- 886164 Database Version 3.1 Date Printed. 08-15-2017 STV Page 1 of 1 40 0 Required Specifications For Animal Waste Management 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste that reaches surface water is prohibited. 2. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application.lt Is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Management Plan when there is a change In the operation, increase in the number of animals, method of application, receiving crop type, or available land. 3. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4. Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the fleld (see USDA, MRCS Field Office Technical Guide Standard 393 - Filter Strips). 5. Odors can be reduced by injecting the waste or by disking after waste application. Waste should not be applied when there Is danger of drift from the land application field. 6. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (see "Weather and Climate In North Carolina" for guidance). -------------------------.......------------------------....----------------------------------------------..............--------------------.......----........ 886164 Database Version 3.1 Date Printed: 8/15/2017 Specification Page 1 i 0 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the soil surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10. Nutrients from waste sliall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11. Any new swine facility �dted on or after October 1,1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1,1995, shall not be applied closer that 25 feet to perennial waters. 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied is a manner not to reach other property and public right-of-ways. ------------------------------------- ---------------------- I...................................................... .......................... ---- I ................ 886164 Database Vernon 3.1 Date Printed. 8/15/2017 Specification Page 2 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly Into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site., 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc,, are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution, and erosion. 19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level behveen the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. ----------------------------------------------------------------------- ....... ------------------------------------------------------------------------------------ 886164 Database Version 3.1 Date Printed: 8/15/2017 Specification Page 3 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -deter mining nutrient, unless other restrictions require waste to be applied bfised on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina regulations. ------------------------------------------------------------------------------------------------------------- ------------------------------------------- 886164 Database Version 3,1 Date Printed: 8/15/2017 Specification Page 4 Mitchell, Patrick From: Mitchell, Patrick Sent: Wednesday, October 01, 20141:02 PM To: 'Ishore6i@yahoo.com' Cc: Rosebrock, Melissa Subject: Permit rescission under HB74 Louis, Per your request I am sending you the requirements for permit rescission contained within NC House Bill 74, see below. To initiate the permit rescission request you will need to make a written request to Mr. J.R. Joshi at mailing address: NC DENR-DWR, Animal Feeding Operations Branch, 1636 Mail Service Center, Raleigh, NC 27699-1636. Your request should include the reasoning for the rescission request (example: my average confined herd size for the past 3 years has been 52). You should also add statements addressing the requirements in HB74 below (i.e. remaining in compliance with rules contained within 2T .1303, maintaining necessary records, and providing pre -notification to the Division in the event of waste storage pond closure). Please be reminded that once the permit is rescinded, you or anyone else utilizing this facility will have to reapply for a permit in the event that 100 or greater head are stocked on the lots. If you should have any questions or need assistance with this process, please give me or Melissa a call. Thanks, Patrick HB74 02T .1306 (Closure Requirements) as provided in Section 20(c) of this act. SECTION 20.(c) Implementation. — Notwithstanding 15A NCAC 02T .1306 (Closure Requirements), any containment basin, such as a lagoon or a waste storage structure, permitted at a cattle facility under the Section 1300 Rules, shall continue to be subject to the conditions and requirements of the facility's permit until that permit is rescinded by the Division. Upon reauest of the Permittee, the oermit may be rescinded by the Division prior to closure of the containment basin if the average size of the confined cattle herd at the cattle facility. calculated on'an annual basis durine the three vears oriorto the reauest for rescission. is less than one hundred confined cattle. �equierrients;°stiallsa"ppl (2) The cattle facility shall be subject to the requirements of 15A NCAC 02T .1303 (Permitting By Regulation) and 15A NCAC 02T .0113 (Permitting By Regulation) until the containment area is closed in accordance with standards adopted by the. NRCS. (2) The farm owner shall maintain records of land application and weekly records of containment basin waste levels on forms provided by or approved by the Division. (3) Closure shall include prenotification to the Division and, within 15 days of completion of closure, submittal of a closure form supplied by the Division or closure forms approved by the Atsion that provide the same information required by the forms supplied by the Division. The Division shall have the authority to deny a request for permit rescission based on the factors set out in subsection (e) of 15A NCAC 02T .0113 (Permitting By Regulation). Patrick L. Mitchell, REHS, LSS Water Quality Regional Operations Section Division of Water Resources NC Department of Environment & Natural Resources Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. r-I LJ O�0� W AT �'9QG ` -e � V March 23, Shore Brothers Dairy Jack and/or Louis Shore 2220 Shore Road Yadkinville, NC 27055 SUBJECT: Assessment of Civil Penalties for Violation of Permit Conditions Seo. ' G210 nPC-04-001 Dear Mr. Shore: RECEI4 E0 Dept o/ ENR N.C, ichael F. Easley, Governor W ]liam G. Ross 1r., Secretary bAEnviro eni and Natural Resources A] W. Klimek, P. E. Director -Salern Division of Water Quality i al 0mo Cole n H. Sullins, Deputy Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED This letter transmits notice of a civil penalty assessed against Shore Brothers Dairy and/or. Jack and Louis Shore in the amount of $774.35 which includes $274.35 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 three items: 1. Submit payment of the.penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of. Mr. Daryl Merritt NC-DEPT. OF _ DWQ AND WiTU7 1617 Mail Service Center !f CJgPES�'' ' t?MALOFRCE Raleigh, North Carolina 27699-1617 MAR 3 1 2004 d�A N. C. Division of Water Quality 1617 NW] Service Center Raleigh, North Carolina 27699-1617 (919) 733.7015 Customer Service 1-877-623-6748 171 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered- (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Non -Discharge CompIiance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 • • AND Rex Gleason 919 North Main Street Mooresville, NC 28115 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the.petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during no}7mal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. Tll� original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: k . Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Non -Discharge Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Please indicate the case number (as found on page one of this Ietter) on the petition. • Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. PIease be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Mr. Daryl Merritt at (919) 733-5083, extension 581. Sincerely, Jeffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit JOP/ddm attachments cc: lYSooresvrlie Regiorial`dffi'�e Enforcement File Central Files STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF YADKIN File No. PC-04-001 IN THE MATTER OF SHORE BROTHERS DAIRY ) AND/OR JACK AND LOUIS SHORE } } FINDINGS AND DECISION FOR VIOLATION OF ) AND ASSESSMENT OF NON -DISCHARGE GENERAL ) CIVIL PENALTIES PERMIT AWG200000 } 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, Jeffrey O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Jack and Louis Shore own and operate Shore Bros. Dairy, a beef cattle and dairy . operation located on Shore Road in Yadkin County. B. Jack and Louis Shore was issued Certificate of Coverage AWC990007 under General Permit AWG200000 for the Shore Bros. Dairy on June 2, 2003, effective June 2, 2003, with an expiration date of October 1, 2004. C. Condition No. M. 3. of the General Permit states that "A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be conducted annually on each application field receiving animal waste. The results of the tests shall be maintained on file by the Permittee for a minimum of three years and shall be made available to the DWQ upon request." D. On November 5, 2001, DWQ staff conducted an inspection at the Shore Bros. Dairy. No soil fertility analyses were available for 2000. E. On November 16, 2001, DWQ issued a Notice of Violation/Notice of Intent to Enforce, noting that soil fertility analyses were not obtained in 2000. Mr. Shore was reminded to obtain soil fertility analyses before the end of December 2001 for the current year's requirements. F. On November 26, 2003, DWQ staff conducted an inspection at Shore Bros. Dairy. No soil fertility analyses were available for application fields that received waste in 2002. G. The costs to the State of the enforcement procedures in this matter totaled $274.35. Based upon the above Findings of Fact, I make the following: M CONCLUSIONS OF LAW: A. Shore Bros. Dairy and/or Jack and Louis Shore are "persons" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. Shore Bros. Dairy and/or Jack and Louis Shore violated Condition No. III. 3. of General Permit AWG200000 by failing to conduct a representative Standard Soil Fertility Analysis on each application field receiving animal waste in 2002. D. Shore Bros. Dairy and/or Jack and Louis Shore 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. E. The State's enforcement costs in this matter may be assessed against Shore Bros. Dairy and/or Jack and Louis Shore pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Supervisor of the Non -Discharge Compliance and Enforcement Unit, 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: Shore Bros. Dairy and/or Jack and Louis Shore are hereby assessed a civil penalty of: $ Soo, 00 for violating Condition No. III. 3. of Permit No. AWG200000 by failing to conduct a representative Standard Soil Fertility Analysis on each application field receiving animal waste in 2002 $ 274.35 Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. 2q Plot CA (Date) Jeffrey O. Poupart, Supervisor Non -Discharge Compliance and Enforcement Unit Division of Water Quality 0 • STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IREDELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. AWG200000 } STIPULATION OF FACTS FILE NO. PC-04-001 Having been assessed civil penalties totaling 774.35 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, 03/23/04, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) days from the receipt of the civil penalty assessment_ This the day of , 20 SIGNATURE ADDRESS TELEPHONE ,JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-04-001 County: Yadkin Assessed Party: Shore Brothers Dairy Permit No. (if applicable): AWG200000 Amount Assessed: $774.35 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Rieht to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: Mr. Steve Tedder NC Division of Water Quality Water Quality Section 585 Waughtown St Winston-Salem, NC 27107 Dear Mr. Tedder: Louis Shore 2220 Shore Rd Yadkinv_ille NC 27055 " This letter is in reference to the Notice of Violation /Notice of Intent to Enforce that resulted from the compliance inspection preformed by iVlelissa Rosebrock on November 26. 2003. at Shore Brothers Dairy Facility. Since the inspection at Shore Brothers Dairy on November 26. 2003, I have had the waste analyzed from the beet cattle part of the operation and have a copy enclosed along with records of previous waste applications, the waste utilization plan has been revised so as to include wheat where irrigation application occurs, soil samples have been sent to the NCDA & CS Sol] Testing Laboratory for analvses and have begun keeping weekly freeboard waste levels on the forms provided. Failure to do these things was an oversight on my part. I was not aware that the wheat for grazing was not in my waste utilization plan for winter waste application. Enclosed are copies of records, waste analy_ sis. freeboard records. and waste utilization plan. Sincerely. Louis Shore WASTE UTILIZATION PLAN Shore Brothers Dairy The animal waste on Shore Brothers Dairy is scraped daily into a waste holding pond which is designed to store waste from 250 dairy animals for six months. Approximate annual accumulation of waste is 1,356,600 gallons or 678,300 gallons every six months. These calculations are based on 70% confinement. The waste is land applied utilizing two different systems for application. The two systems are irrigation with a traveling irrigation system of liquid slurry and solids spread with a box spreader. The summary table includes all fields to which waste can be land applied either by irrigation or hauling. The solids are generated on a neighboring farm of 225 beef cattle. This is a shared responsibility where Shore Brothers Dairy hauls the solids and The Milk House is responsibile for the liquids. The waste is accounted for in The Milk House waste utilization plan. Shore Brothers Dairy will land apply solids on fields in this plan agronomically. Approximately 367 acres of land are available to apply the waste. Of the 367 total acres, approximately 310 acres are useable for actual waste applications. The waste system is managed such that there are 242 acres that waste can be hauled on and 73 acres where waste is irrigated. The cropping system which is utilized on Shore Brothers Dairy is a double cropping system of corn for silage and barley, corn grain and wheat with a rotation of soybeans every other year on some fields, orchardgrass hay and pasture, and fescue pasture and matua. Fall waste applications (Aug. - Dec.)are generally made to fields where corn silage and corn grain have been harvested prior to sowing barley and wheat. Waste can also be irrigated onto the matua in the fall. Waste applications are made to the matua/wheat throughout the year (Jan. -Dec.) utilizing irrigation. There is more than adequate land to make all waste applications. There is no additional commercial fertilizer applied to the small grain fields where waste is applied. At an application rate of halt the waste that could be applied there is still more than adequate land available for all waste applications. The Realistic Yield Expectations (R.Y.E.) on Shore Brothers Dairy are as follows: Crop R.Y.E. lbs. N/R.Y.E. lbs. PAN/ac Barley (grain) 80 bu. 1.6 128 lbs. N Wheat (grain) 60 bu. 2.2 132 lbs. N Corn Silage 15 Ton 12 180 lbs. N Corn Grain 100 bu. 1.25 125 lbs. N Soybeans 40 bu. 4.0 160 lbs. N Orchardgrass (grazed) 4 Ton 50 200 (.75)=150 1bs.N N Orchardgrass (hay) 4 Ton 50 200 El Wheat (grazed) 9 Ton 12 108 (.75)=81 ibs.N Wheat (silage) 9 Ton 12 108 (.75)=B1 1bs.N Corn Following Soybeans 100 bu 1.25 125-15 = 110 Fescue (grazed) 4 Ton 50 200 (.75)=150 1bs.N *Wheat (grain) following soybeans 60 bu. 2.2 1321bs.N-20 lbs. Pan/ac=1112 1bs.N Matua (grazed). 4 tons 50 200(.75)=150 1bs.N *PAN reduced 20 lbs./ac due to residual N from soybeans You must have the animal waste analyzed to determine the nutrient content within 60 days of application. Soil nutrients in all fields where waste will be applied must be analyzed annually. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. If at anytime you plan to add additional land to the plan for application of waste or make any type of changes to the plan, you need to contact your technical specialist to make an amendment to the plan. 1 • i Application Rate (gallons/acre) Applic. Rate (gal/ac.) = crop PAN requirement (lb) x 1000 acre lb.PAN/1000 gallons Barley = 128 lbs. PAN/ac. x 1000 = 12,800 gallons Grain 10 Wheat = 132 lbs. PAN/ac. x 1000 = 13,200 gallons Grain 10 *Wheat grain = 112 lbs. PAN/ac. x 1000 = 11,200 gallons after soybeans 10 Corn = 180 lbs. PAN/ac. x 1000 = 18,000 gallons Silage 10 Corn = 125 lbs. PAN/ac. x 1000 = 12,500 gallons Grain 10 Soybeans = 160 lbs. PAN/ac. x 1000 = 16,000 gallons 10 Orchardgrass = 150 lbs. PAN/ac. x 1000 = 15,000 gallons (grazed) 10 Orchardgrass Hay = 200 lbs. PAN/ac x 1000 = 20,000 gallons 10 Fescue = 150 lbs. PAN/ac. x 1000 = 15,000 gallons (grazed) 10 Matua = 15 lbs. PAN/ac x 1000 = 15,000 gallons 10 Wheat (grazed) 81 lbs. PAN/ac x 1000 = 8,100 gallons 10 *Nitrogen rate is reduced 20 lbs/ac due to residual N from soybeans. Approximate Annual Accumulation of animal waste from 250 dairy animals is 1,356,600 gallons. The total PAN produced from annual accumulation of waste based on waste analysis of 10 lbs. PAN/1000 gallons of waste is as follows: Pounds PAN = 1,356,600 = 1356.6 1000 1356.6 (10 lbs. PAN/1000 gallons) = 13,566 lbs. PAN produced annually Solid Waste Applications Application Rate (tons/ac) = crop PAN requirement (l.b/ac) lb PAN/Ton (from waste analysis) Orchardgrass Hay = 200 = 20 Ton 10 Soybeans = 160 = 16 Ton 10 Barley Grain = 128 = 12.8 Ton 10 Wheat Grain = 11.2 = 11.2 Ton 10 Corn Silage = 180 = 18.0 Ton 10 Corn Grain (after soybeans) = 110 = 11 Ton 10 Corn Grain = 125 = 12.5 Ton 10 Matua = 150 = 15 Ton 10 IRRIGATION APPLICATIONS (Oct. 1 - Mar. 31) • is Tract Field & Hydrant Useable Acres Soil Series . Crop Prior Crop Rite/At Gal Total Application (gallons) PAN Utilized. lbs. 2508 6,1 6.56 CfB2 Wheat (graz) Matua 8100 53136 531.36 2508 6, 2A 2.91 CfB2 Wheat (graz) Matua 8100 23571 235.71 2508 6, 2B 3.35 CfB2 Wheat (graz) Matua 8100 27135 271.35 2508 6, 2C 4.13 CfB2 Wheat (graz) Matua 8100 33453 334.53 2508 6, 2D 5.46 CfB2 Wheat (graz) Matua 8100 44226 442.2fi 2508 6, 2E 5.35 CfB2 Wheat (graz) Matua 8100 43335 433.35 2508 15, 3A 5.24 CfB2 Wheat (graz) Matua 8100 42444 424.44 2508 3, 3B 2.59 CfE2 Wheat (graz) Matua 8100 20979 209.79 2508 13,4 3.45 CfE2 Wheat (graz) Matua 8100 27945 279.45 2508 5,5A 2.57 CfD2 Wheat (graz) Matua 8100 20817 208.17 2508 5, 5B 2.28 CfD2 Wheat (graz) Matua 8100 18468 184.68 2508 13/5, 5C-1 2.04 CfE2 Wheat (graz) Matua 8100 16524 165.24 2508 13/5, 5C-2 3.59 CfE2 Wheat (graz) Matua 8100 29079 290.79 2508 13/5, 6A-1 1.74 CfE2 Wheat (graz) Matua 8100 14094 140.94 2508 13/5, 6A-2 3.38 CfE2 Wheat (graz) Matua 8100 27378 273.78 2521 5, 6B 3.56 CfD2 Wheat (graz) Matua 8100 28836 288.36 2521 5,7A 2.73 CfD2 Wheat (graz) Matua 8100 22113 221.13 2521 5, 7B 5.41 CfD2 Wheat (graz) Matua 8100 43821 438.21 2521 5,8 6.69 CfD2 Wheat (graz) Matua 8100 54189 541.89 Total 173.03 548414.73 5484.15 • IRRIGATION APPLICATIONS (Aug.1 --July 31)) Tract Field &. Hydrant Useable Acres Soil Series Crop Prior Crop Rate/AC. Gal Total - Application - (gallons) PAN Utilized 2508 6,1 6.56 CfB2 Matua Matua 15,000 98,400 984 2508 6, 2A 2.91 CfB2 Matua Matua 15,000 43,650 4365 2508 6, 2B 3.35 CfB2 Matua Matua 15,000 50,250 5025 2508 6, 2C 4.13 CfB2 Matua Matua 15,000 61,950 6195 2508 6, 2D 5.46 CfB2 Matua Matua 15,000 81,900 8190 2508 6, 2E 5.35 CfB2 Matua Matua 15,000 80,250 8025 2508 • 15, 3A 5.24 CfB2 Matua Matua 15,000 78,600 7860 2508 3, 3B 2.59 CfE2 Matua Matua 15,000 38,850 3885 2508, 13,4 3.45 CfE2 Matua Matua 15,000 51,750 5175 2508 5, 5A 2.57 CfD2 Matua Matua 15,000 38,550 3855 2508 5, 5B 2.28 CfD2 Matua Matua 15,000 34,200 3420 2508 13/5, 5C-1 2.04 CfE2 Matua Matua 15,000 30,600 3060 2508 13/5, 5C-2 3.59 CfE2 Matua Matua 15,000 53,850 5385 2508 13/5, 6A-1 1.74 CfE2 Matua Matua 15,000 26,100 2610 2508 13/5, 6A-2 3.38 CfE2 Matua Matua 15,000 50,700 5070 2521 1 5,6B 3.56 CfD2 Matua Matua 15,000 53,400 5340 continued LI • Tract Field # Useable Acres Soil Series: Crop Prior Crop Rate/Ac Total Application (gallons) PAN Utilized J 2521 5, 7A 2.73 CfD2 Matua Matua 15,000 40,950 4095 2521 5, 7B 5.41 CfD2 Matua Matua 15,000 81,150 8115 2521 5,8 6.69 CfD2 Matua Matua 15,000 100,350 10035 73.03 1,0951360 10,953.6 SOLID APPLICATIONS (fall applications) Sept. - April 15 Tract Field- Location Acres Useable Soil Crop Prior Crop Rate/ -1 Total PAN PANS - - # Acres Series Ac Application Produced Utilized _ w- _.. Tons (Tons) T2506 1 Tommy & Louis 22.1 120.0 CfB2 barley I corn silage 12.8 256 25.6 25.6 508 7 Henry's House 9.14 8.0 CfB2 barley corn silage 12.8 102.4 10.24 10.24 508 8 Bobby Bates 6.05 6.0 CfB2 wheat soybeans 11.2 67.2 6.72 6.72 T2508 9 Bobby Bates 2.39 2.39 CfB2 wheat soybeans 11.2 26.77 2.67 2.67 T3112 5 Sizemore Place 11.89 7.0 CfB2 barley corn silage 12.8 89.6 8.96 8.96 T3112 6 Sizemore Place 15.4 15.4 CfB2 barley corn silage 12.8 197.12 19.71 19.71 T3048 1 Collins Place 9.15 8.0 CfD wheat soybeans 11.2 89.6 8.96 8.96 T3048 2 Collins Place 9.09 9.0 CfB2 wheat soybeans 11.2 100.8 10.08 10.08 T3048 3 Collins Place 4.89 4.5 CdC2 wheat soybeans 11.2 50.4 5.04 5.04 T3048 4 Collins Place 2.93 2.5 CfD wheat soybeans 11.2 28 2.8 2.8 048 5 Collins Place 1.91 1.5 CfD wheat soybeans 11.2 16.8 1.68 1.68 T3048 6 Collins Place 4.05 3.5 CfD2 wheat soybeans 11.2 39.2 3.92 3.92 T3003 1 4.94 4.5 CfB2 wheat soybeans 11.2 50A 5.04 5.04 T3061 1 Troy Sneed 10.16 9.5 CdC2 wheat soybeans 11.2 106.4 10.64 10.64 T3061 2 Troy Sneed 1.24 1.0 CdC2 Wheat Soybeans 11.2 11.2 1.12 1.12 Tract Field Location Acres Useable Soil Crop Prior Crop Rate/ Total PAN PAN # Acres Series Ac Application Produced Utilized Tons Tons T3061 3 Troy Sneed 4.11 3.5 CdB2 wheat soybeans 11.2 39.2 3.92 3.92 T3061 5 Troy Sneed 8.82 8 CdC2 wheat soybeans 11.2 89.6 8.96 8.96 T3061 6 Troy Sneed 9.57 9 CdC2 wheat soybeans 11.2 100.8 10.08 10.08 586 1 Bryant Farm 11.43 11 CfB2 barley corn silage 12.8 140.8 14.08 14.08 T2586 2 Bryant Farm 3.88 3 CfB2 barley corn silage 12.8 38.4 3.84 3.84 T2586 3 Bryant Farm 8.31 8 CfB2 barley corn silage 12.8 102.4 10.24 10.24 T2586 4 Bryant Farm 8.24 8 CfD2 barley corn silage 12.8 102.4 10.24 10.24 T2587 1 Old Place 21.14 20 CfB2 barley corn silage 12.8 256 25.6 25.6 T2587 2 Old Place 9.97 6 CfD2 barley corn silage 12.8 76.8 7.68 7.68 T2587 5,6,7, Old Place 30.52 25 CfB2 barley corn silage 12.8 320 32 32 8 T2489 4 Nancy Holt 18.32 15 CfB2 barley corn silage 12.8 192 19.2 19.2 89 3 Nancy Holt 15.18 15 CfB2 barley corn silage 12.8 192 19.2 19.2 T2489 1 Nancy Holt 12.34 10 CfB2 Orchard Orchard 20 200 20 20 grass grass hay hay Total 277.16 244.29 3056.28 305.6 305.6 • SOLID WASTE APPLICATIONS (Aug. -July) Tra_ ct Field # Acres Useable -Acres Soil; Series Crop Prior Crop Rate/Ac Ton Total: Application (Tons) PAN Utilized Ibs. T2528 1, 2 17.6 8.0 CfC2 Matua Pasture Matua Pasture 15 120 12 T2489 Nancy Holt 1 12.34 10.0 CfB2 Orchard- grass hay Orchard- Grass hay 20 200 20 • • SPRING SOLID WASTE APPLICATIONS (FEB. — JUNE) Corn Silage Tract Field # Acres . Useable Soil ;Crop _ ;Prior Rate/Ac Total PAN Acres Series Crop -Ton ;Application 'Utilized - - ' (Tons) lbs. ' T2506 1 22.1 20.0 CfB2 Com Barley 18 360 36 Silage T2508 7 9.14 8.0 CfB2 Corn Barley 18 144 14.4 Sila e T3112 5 11.89 7.0 CfB2 Com Barley 18 126 12.6 Silage T3112 6 * 15.4 15.4 CfB2 Com Barley 18 277.2 27.7 Silage T2586 1 11.43 11.0 CfB2 Corn Barley 18 198 19.8 Silage T2586 2 3.88 3 CfB2 Corn Barley 18 54 5.4 Silage T2586 3 8.31 8 CfB2 Corn Barley 18 144 14.4 Silage T2586 4 8.24 8 CfD2 Corn Barley 18 144 14.4 Silage T2587 1 21.14 20 CfB2 Com Barley 18 360 36 Silage T2587 2 9.97 6 CfD2 Corn Barley 18 108 10.8 Silage T2587 5, 6, 7, 8 30.52 25 CfB2 Com Barley 18 450 45 Silage T2489 4 18.32 15 Cf132 Corn Barley 18 270 27 Silage T2489 3 15.18 15 CfB2 Corn Barley 18 270 27 Silage �i • SPRING SOLID WASTE APPLICATIONS (FEB. - R NE) Corn Grain Tract 1 Field # :Acres i Useable ;Soil :Crop :Prior Rate/Ac Total PAN: i Acres Sexier Crop Ton_ =Application Utilized t F (Tons) i lbs T2508 8 6.05 6.0 CfB2 Corn Soybeans 11 66 6.6 Grain T2508 9 2.39 2.39 CfB2 Corn Soybeans 11 26.29 2.6 Grain T3048 1 9.15 8.0 CfD Corn Soybeans 11 88 8.8 Grain T3048 2 9.09 9.0 CfB2 Corn Soybeans 11 99 9.9 Grain T3048 3 4.89 4.5 CdC2 Corn Soybeans 11 49.5 4.95 Grain T3048 4 2.93 2.5 CfD Corn Soybeans 11 27.5 2.75 Grain T3048 5 1.91 1.5 CfD Corn Soybeans 11 16.5 1.65 Grain T3048 6 4.05 3.5 CfD2 Corn Soybeans 11 38.5 3.85 Grain T3003 1 4.94 4.5 CfB2 Corn Soybeans 11 49.5 4.95 Grain T3061 1 10.16 9.5 CdC2 Corn Soybeans 11 104.5 10.45 Grain T3061 2 1.24 1.0 CdC2 Corn Soybeans I I 1.1 Grain T3061 3 4.11 3.5 CdB2 Com Soybeans 11 38.5 3.85 Grain T3061 5 8.82 8 CdC2 Corn Soybeans 11 88 8.8 Grain T3061 6 9.57 9 CdC2 Com Soybeans 11 27.5 2.75 Grain • • SPRING SOLID WASTE APPLICATIONS (April 1 - Sept. 15)) Soybeans Tract } :Field # . Acres Useable :Soil Acres ;Series ;Crop Frior Crop Rate/Ac Ton 1 Total Applcation:Utilzed (Tons) :FAN _- lbs . T2508 8 6.05 6.0 CfB2 Soybeans Wheat 16 96 9.6 T2508 9 2.39 2.39 CfB2 Soybeans Wheat 16 38.24 3.8 13048 1 9.15 8.0 CfD Soybeans Wheat 16 128 12.8 T3048 2 9.09 9.0 CfB2 Soybeans Wheat 16 144 14.4 T3048 3 4.89 4.5 CdC2 Soybeans Wheat 16 72 7.2 T3048 4 2.93 2.5 CfD Soybeans Wheat 16 40 4 T3048 5 1.91 1.5 CfD Soybeans Wheat 16 24 2.4 T3048 6 4.05 3.5 CfD2 Soybeans Wheat 16 56 5.6 T3003 1 4.94 4.5 CfB2 Soybeans Wheat 16 72 7.2 T3061 1 10.16 9.5 CdC2 Soybeans Wheat 16 152 15.2 13061 2 1.24 1.0 CdC2 Soybeans Wheat 16 16 1.6 T3061 3 4.11 3.5 CdB2 Soybeans Wheat 16 56 5.6 13061 5 8.82 8 CdC2 Soybeans Wheat 16 128 12.8 T3061 6 9.57 9 CdC2 Soybeans Wheat 16 144 14.4 SPRING WASTE APPLICATIONS (Feb. -June) Tract Field # Acres Useabl, 'Soil -Crop Prior Crop Rate/Ac Total _ PAN e Series Gal Application Urtilized Acres (gallons) lbs. Form SLD-1 Manure Solids Application Field Record For Recording Manure Solids Application Events on Different Fields Farm Owner Facility Number Spreader Operator Dale Field Size Tract # Field # (mmldd! r Crop Type y } (}}acres) Application Method 1 # of Loads Per Field Volume of Loads 2 (tons) t[11 7 la 1 0 drcAgr�,Arar i ' Sl = soil incorporated (dished); BR = broadcast (surface applied) ' Can be found In operator's manual for the spreader. Contact a local dealer if you do not have your aw,`r's manual. , 0 0 F0mM51-D'2 M�UUma8«AUdmApplication Flak}Reuuid One RnU)lot- Each Field Per Crop Cycle |/m10 HuW8ze (acfes)=(A) Fmmn*om Spreader Upmam/u - ------�----------------'--'---- Owner's Address AUd/uoe owou/uPlume 0 nve/ato/oPhoxuA | � -'__� __-_----`~-_-----_----__-- --_— ' Hom AnImidVYeam11a^oum"omPlan KnnxomoxNd|YVI C*uo0lm Loudi/U(--nv>=UH)� (2) [q�------' @\Tolal Weight Date 9 of I.oads Pet Field Weight of Loads (lolts) - ' Can uohw«Inopw*orv[hm*Nlot ilia apo^oo. U*/owNalocal ovdia.nYou .m/mxxa**yvxrww/w,:i/oomuo|, "See yuw,milnw|waste /xm/aoum/moplan lot sampling h At a m1ohimm,wuummlyo/^Is/utlm.o=Nd0000, mould applicalloo ovtJ1113. VV ---l---- �m,vovvn^|"o"v N`1a4 8 </ NCDA Agronomic Division 4300 Reedy Creek Woad Raleigh, NC 27607-6465 (919) 733-2655 Report No: W04699 W Grower: Shore, Louis Copies To: 2220 Shore Rd Yadkinville, NC 27055 wasteAnaivsisRepfft Farm;99-17 12/12/03 Yadkin County Sample Info. Ike Laboratory Results (pa per million unless otherwise noted) Sample ID: N P K Ca Mg S Fe Mn Zn CU B MO Cl C Total 25459 6044 15670 6770 4786 2811 909 143 193 58.8 17.0 120103 Cade:-NH4 IN -N -NO3 Na Ni Cd Pb Al Se Li pH SS C:N I)M% CCE% ALE tons 749 20.34 Description: OR-N Beef Surface Scraped Urea Recommendations: Nutrients Available or First Crop lbs/ton wet basis Other Elements lbs/ton (wet basis Application Method N M5 Kz0 Ca Mg S Fe Mn Zn CU B Mo Cl Na Ni Cd Pb Al Se Li Broadcast 4.3 3.4 6.1 1.7 1.2 0.69 0.22 0.03 0.05 0.01 T 0.30 • tt z Ev wLU � 0 m O Iw o, �° o c CD c3 Uj (A 0 Er Z wE��ti`I ►A ' Owner: — Number of Pond/Lagoon pans Date structure StructureD. Structure Structure Rainfall Initials of person �M I `R 1. Freeboard plus available storage capacity is the difference between the lowest point of a lagoon/storage pond embankment and the level of liquid, For lagoons/storage ponds with spillways, the difference between the level of liquid and the bottom of the spillway should be recorded. 2. Freeboard plus available storage capacity must be recorded weekly in inches. % 0� 3. Recording rainfall in inches is highly recommended but not required unless specifically required as a condition of the facility's animal waste management plan or permit. 4. Optional: Sketch your lagoon(s)/storage pond(s) and the direction the wastewater flows from the houses to the lagoons on the back. NCDENR/DWQ: Fb02 form OtOF W AT �RpG >_ CERTIFIED MAIL 7001 2510 0001 4778 5505 RETURN RECEIPT REQUESTED Mr. Louis Shore 2220 Shore Road Yadkinville, NC 27055 Michael F. Fadey, Governor 0 William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources SUBJECT: Notice of Violation/Notice of Intent to Enforce Compliance Inspection Shore Bros. Dairy, Facility #99-7 Yadkin County Dear Mr. Shore: Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality December 3, 2003 This letter is to summarize the violations observed during a compliance inspection performed at Shore Bros. Dairy on November 26, 2003. As you recall, Melissa Rosebrock, with the State's Division of Water Quality Winston-Salem Regional Office (WSRO) conducted the announced inspection. While Ms. Rosebrock noted that excellent work had been completed regarding new stock trails, buffers, fencing, cattle drinkers, etc. to eliminate animal waste and sediment run-off from your operation, there are still several recordkeeping violations of the Cattle Waste Operation General Permit that warrant your immediate attention and action: In reviewing the animal waste application records, staff observed that no waste records had been maintained for the waste generated from the beef cattle part of your operation. Per your Certified Animal Waste Management Plan (CAWMP), the waste generated by the beef cattle is to be managed and land applied at.agronomic rates using a box spreader. DWQ, staff also noted a discrepancy between the actual receiving crop and the crop specified in the CAWMP. Specifically, onsite waste application records indicate that waste was irrigated onto wheat in March 2003. The CAWMP specifically states that matua grass is to be the receiving crop for animal waste applied by irrigation. The CAWMP must be revised if you wish this cropping system to be implemented again next year. Failure to abide by the conditions and limitations of the CAWMP is a violation of the Cattle Waste Operation General Permit (Section I, #2 and Section V, #5). 2. Staff also documented that soil analysis results were not obtained for any fields receiving animal waste in 2002. A review of your file also indicates that you were previously cited for failure to obtain required soil analysis in 2000 (see November 2001 DWQ NOV). Failure to have complete records is a violation of North Carolina General Statute 143-215.10C and the Cattle Waste Operation General Permit (Section III, #3.). f NCDENR N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, North Carolina 27107 (336) 771.4600 Customer Service �A rel 1-877-623-6748 • • Shore Bros. Dairy December 3, 2003 Page 2 P �� 3. A review of the animal waste records also revealed that weekly waste levels had not been recorded for the storage pond. Failure to record weekly waste storage pond levels is again, a violation of your permit (Section III, #2). The Winston-Salem Regional Office is considering recommending an enforcement action 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 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. 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. 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 (336) 771-4600. S" Sincerely, Steve W. Tedder Water Quality Supervisor-WSRO cc: DWQ Non -Discharge Compliance and Enforcement Unit Yadkin County Natural Resources Conservation Service/Soil and Water Conservation District Rocky Durham — DSWC MRO Nancy Keith — NC Cooperative Extension Service WSRO Facility Files Central Files OF W A TF9; Michael F. Easley, Governor 0 0� William G. Ross Jr., Secretary > North Carolina Department of Environment and Natural Resources 1 p Y Alan W. Klimek, P.E.,Director Division of Water Quality March 28, 2003 RECEIVED CERTIFIED MAIL N.C. Dept. of EHNR RETURN RECEIPT REQUESTED Jack & Louis Shore Shore Bros Dairy 2220 Shore Rd. Yadkinville NC 27055 Dear Jack Shore: APR - 1 2003 Winston-Salem, Regional otfice Subject: Application No. AWC900007 Additional Information Request Shore Bros Dairy Animal Waste Operation Yadkin 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) far this facilit), that was dated 911111999. The plan was written for a 250 head dain operation. Subsequent site visits made to your farm had suggested revising WUP based on irrigation design. If you have modified the WUP since then, please submit a coPy of most recent WUP and irrigation design that reflect correct number of animals, crops grown, field utilized and has f eld maps with acreage clearly, marked on the maps. 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. 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 (919) 733-5083, extension 363. cc: Winston-Salem Regional Office, Water Quality Yadkin'County Soil and Water Conservation District Permit File an Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Sincerely, J. R. Josh' Soil Scientist Non -Discharge Permitting Unit Internet http://h2o.enr.nc.state.us/ndpu Telephone (919) 733.5083 Fax (919) 715.6048 Telephone 1 800 623-7748 50% recycled/10% post -consumer paper AG'A WMENR DENR Customer Service Center An Equal Opportunity Action Employer _y AECMVeD 2245 Shore Road N.C. Deer DNA Yadl invilk; NC 27055- DEC 17 2001 Aftston•-Ssleny Regional Ofiic;d Dear r. Coble, Since receiving notification of violations, we have taken several steps toward correcting the current problems. Item # 1: I c ontacte.d David Graham to revs a our-ir-rigatio n "pulls" to match -the way I irrigate. Several changes had been made in the pastures that affected the way I irrigate. With the new design, it will make record keeping correspond with what I am actually .doing. The changes have been made, along with reaps and also wettable acre charts and traveling irrigation gun setting charts have been redone to go into my (CAWMP). This material is in my possession and will be used in my records when I receive n1y analysis on my waste. Item #2: Soil and waste samples have been taken and sent to Raleigh. Item #3: Land that was used for -waste application that was.not permitted, was because when the original maps were made, the land was not usable. Changes were made that allowed the land to be used and are now shown on the maps, permitted, and reflected in the CAWMP. Item #4: Waste samples and soil samples have been sent to Raleigh and when the results return, 2001 records can be updated and transferred to my IRR- 2 forms. This will be completed and forwarded to your office as soon as the analysis is returned. y Item #5: The Yadkin County SWCDIN RCS office has been contacted about the cattle kept on the other side of the road from the dairy. They are designing a system cf stock hails, fencing, and remote waterers to correct problems in the pasture. I am waiting to hear from them about cast -sharing money and final recommendations. The work will begin after these plans are in place. All of the items in the N. O.V. letter have been or are in the process of being addressed. As soon as the waste analyses returns, all the items can be addressed. If you have any questions, please feel free to contact me. Thank _your y_aur_time-and consideration. Sincerely, Louis Shore Shore Brothers Dairy F wA7- q " � r !7 � CERTIFIED MAIL 7099 3440 0006 9313 7373 RETURN RECEIPT REQUESTED Mr. Louis Shore 2220 Shore Road Yadkinville, NC 27055 SUBJECT: Notice of Violation Notice of Intent to Enforce Shore Bros. Dairy #99-7 Yadkin County Dear Mr. Shore: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina D rtment of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality November 16, 2001 On November 5,.2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office performed a compliance inspection .at the Shore Bros. Dairy in Yadkin County. Staff noted several violations and concerns regarding animal waste recordkeeping that'require your immediate attention. The following items should be addressed in your response: `a`1,'*yA,er` . WC—d NR Customer Service 1 B0o 858-0368 1. A review of your records indicates that the current waste application fields, patterns, acres, and irrigation "pulls" do not correspond to those in the irrigation design and Certified Animal Waste Management Plan (CAWMP). As described in the 2000 DWQ Compliance Inspection and Notice of Violation, these discrepancies were to be corrected as soon as possible. You should contact your irrigation specialist immediately to determine if the design may be revised to reflect your actual waste application procedures. The CAWMP should also be revised to reflect the new irrigation design. 2. While reviewing the farm's waste application records, it was noted that animal waste and soil analyses were not obtained for 2000. On the date of inspection, these analyses had not been obtained for 2001, either. This is a continued violation, which was previously brought to your attention (see 2001 SWCD Operational Review, 2000 DWQ Compliance Inspection, and 2000 DWQ Notice of Violation. `Failure to have complete_ records is a violation of NCGS . 143-215.1, your CAWMP, and your'deemed permit. - 3. Waste from your storage pond has also been applied to fields that were not in your Certified Animal Waste Management Plan (CAWMP). This is a violation of,your Certified Animal Waste Utilization Plan and NCGS 143-215.10C(e.)(7), since the waste plan cannot assure the balance between nitrogen application rates and nitrogen crop requirements. Division of Water Quality / Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 �� 7D Phone: (336) 771-4600 Fax: (336) 771-4630 Internet: http://wq.ehnr.state.nc.us Shore Bros. Dairy November 16, 2001 Page 2 4. Waste application records for 2001 need to be updated. Specifically, application information has not been transferred to an IRR-2 forms. This form is used to record the total annual waste application to one field per crop cycle. It provides for calculating the total nitrogen application to the field and comparing it to the recommended nitrogen -loading rate. Because of the discrepancy in the irrigation design and recordkeeping, we cannot confirm that you did not overapply animal waste to the receiving fields. This was also mentioned during the 2000 DWQ Compliance Inspection and subsequent 2000 DWQ Notice of Violation. Again, failure to maintain complete animal waste records is a violation of NCGS 143-215.1, the CAWMP, and your deemed permit. 5. Cows were also being kept on an exterior lot across the road from the dairy. This lot was greatly eroded and void of vegetation. This concern was also noted during the 2001 Operation Review. Please note that, if permanent vegetation cannot be maintained on this pasture, then this area must be considered an animal feedlot, which would then subject it to the same regulations as your dairy operation. We strongly urge you to contact the Yadkin SWCD/NRCS for technical assistance regarding this matter. The Winston-Salem Regional Office is considering recommending an enforcement action against your facility for the above referenced violations. If, you have justification that these violations were caused by circumstances beyond your control, or you have an explanation regarding corrective action that you wish to present, please respond in writing within thirty (30) days following receipt of this Notice. Your response will be reviewed by Winston-Salem Regional Office staff and if an enforcement action is still deemed appropriate, your explanation/justification will be forwarded with the enforcement package to the Director for consideration. Please address your response to my attention at the address shown on the letterhead: In the absence of c any response, the Regional Office will recommend that an enforcement action be taken against your facility. 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. This office appreciates your prompt attention to these matters. If.you have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, Larry D. Coble Water Quality Supervisor cc: DWQ - Non -Discharge Compliance and Enforcement Unit Yadkin County NRCS/SWCD and Nancy Keith - North Carolina Cooperative Extension Service Rocky Durham - Mooresville NCDEHNR Regional Engineering Office Marlene Salyer-WSRO DSWCD WSRO Facility Files/Central Files 1115-161' Ate, ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: 9 9 — 7 _ County: :t is �: �: t * is is is �: * * �: �: * �: t :�: * 4; a: * �: t: �: t: is it t -.': d: w Y * ;_::: 3: k t f• '�::t: 3: t �; �::1: i; ;'; � d: �' :�: �: 1: �: is �: d: �: Y: OPERATOR IN CHAI Home IVIai1irg e ddress y 5 ..57X: a,- City- State iv'G Zip i `7 Certificate # Social Security # Zq3 ? 1� 1'i� Work Phon ,�' Home Phone_'%_ Signature Date j/'.�' 7r :': �: �: 7 �: 3: �: �: ;, -' 4:r. �: �- �; ;'; 3e s: �: �: �: �: 9: �::k d::k d; ::' y y s d: 7: 9: �: �: ;� ;� .,�• ;� ;� :: a; s y ;� � + _ a; ;: }: ;'- :?- ;: ;;. ;�. `. ;�; OWNER Mailing Address: 1 S r►,i City Ac State Zipa U-f':j ' Telephone# y y L-% Signature., �.t.-, Date k k �'c �: �:- :k �: 9: -1r � � 3: � 4: s': t �: * * * y �: 3r �: �: � t do it :: �: is �: �r 9: d: d: A a- + �::�: �: ': Y is 3: �: �: �: �: ;L ;� :�: F: s..•i. ;L ;� .,,,. y Please Mail to: WPCSOCC Division of Water Quality 1618 Mail Service Center Raleigh, N.C. 27699-1618 a/� NORT;:DAROLINA DEPARTMENT OF' ENVIRONMENTAND NATURAL RESOURCES NCDENR JAMES H. HUNT JR. GOVERNOR DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE October 4, 2000 CERTIFIED MAIL 7099 3220 0006 8502 6025 RETURN RECEIPT REQUESTED Jack and Louis Shore 2220 Shore Road BILL HOLMAN SECRETARY Yadkinville, NC 27055 KERR T. STEVENS• DIRECTOR �r J Dear Messrs. Shore: Subject: Notice of Violation Animal Operation Site Inspection Shore Brothers Dairy Facility # 99-07 Yadkin County Melissa Rosebrock of this Office conducted a site inspection at your facility on September 26, 2000. Although the waste handling system and other farm operations a = appeared in good condition, the record keeping system needs improvement. ' Staff noted that the information in your waste application records was not complete. Specifically, a waste analysis was not performed within 60 days of the .. March and July 2000 application dates. In addition, application information had not - been transferred to an IRR 2 form. This form is used to record the total annual �-" waste application to one field per crop cycle. It provides for calculating the total M nitrogen application to the field and comparing it to the recommended nitrogen - IT loading rate. Please contact the Yadkin County SWCD at 336.679.8052 or Nancy Keith with the Cooperative Extension Service at 336.679.2061 for assistance g. regarding calculations and record keeping. Additionally, a review of your records also revealed that the Certified Animal '°'" Waste Management Plan CAWMP acres do not match the irrigation design y that the irrigation acres do not match your pull patterns. Again, we would suggest you contact your technical specialist for assistance in clearing up this matter. a dti Mt-�. Failure to have the above components available and complete is a violation o►' your CAWMP. Please note that waste and soil analysis records once obtained, must be kept for a minimum of five years. Remember also, that waste applications � should be applied during the time the crop can utilize the nutrients in the waste. In _y general, waste should be applied no earlier than 30 days prior to planting. On the date of the inspection, it was also noted that you do not have a certified'. SSS WAUGMTOWN STREET, WtNSTON-SALEI♦„ NORTH CAROLINA 27107 PHONE 336-771-4600 FAX 336-771-4630 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER Page 2 Shore Brothers Dairy October 4, 2000 operator designated for your farm. 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. You are currently operating an animal waste system without a certified operator and are in violation of the General Statute sited above. Please complete the enclosed "Operator Designation Form" and return to this office within 14 days of receipt of this Notice. Staff will review the form., make copies, and forward the form to Raleigh for you. If you have any questions concerning this matter, please do not hesitate to contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, ,�Larry D. Cob e Water Quality Regional Supervisor cc: Yadkin County SWCD/NRCS Nancy Keith — NC Cooperative Extension Service DWQ-Nondischarge Compliance and Enforcement Unit Rocky Durham — NCSWCD MRO Marlene Salyer — NCSWCD WSRO Central Files WSRO Facility Files NORTH *OLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 2, 2000 Louis Shore 2245 Shore Road Yadkinville NC 27055 Re: Animal Waste Management Certification Renewal Certificate Holder: Louis Shore Dear Mr. Shore: DIVISION OF WATER QUALITY RECEIVED N.C. Dept. of EHNp OCT II2M0 WlnF.,,qle Fie ��,..� m 9 , jffice Senate Bill 1217, enacted by the North Carolina General Assembly in 1996, states "a certificate holder who fails to renew their certificate and pay the renewal fee within 30 days of its expiration shall be required to take and pass the examination for certification in order to renew the certificate". You were mailed an invoice in October 1999 notifying you that your certificate would expire December 31, 1999, and that a $10.00 annual renewal payment was due by that date. The 30-day grace period ended January 31, 2000. Since your payment was not received, your certificate expired effective December 31, 1999. Therefore, you do not possess a valid animal waste management certificate. Please note that without a valid certificate, law prohibits you from performing the duties of an operator in charge of an animal waste management system. Until you become certified again, you must designate a currently certified operator as operator in charge of your system. A designation form is enclosed. The next available opportunity to retake the Animal Waste Management System Operators certification examination will be December 14, 2000. An examination application is enclosed for your use. Please note that a completed examination application must be postmarked 30 days prior to the examination that you wish to take. If you have any questions regarding this matter, please call me at 919-733-0026, extension 313. Sincerely, Beth Buffington Technical Assist n Certification Unit enclosures cc: TAC Files Melissa Rosebrock, Winston Salem Regional Office WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION 1618 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLtNA 27699-1618 PHONE 91 9-733-0026 FAX 91 9-733- 1 338 AN EQUAL OPPORTUNITY / APPIRMATIVE ACTION EMPLOYER - 80% RECYCLEO/10% POST -CONSUMER PAPER State of North Caro Department of Envi ent and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Jack & Louis Shore Shore Bros Dairy 2220 Shore Rd. Yadkinville NC 27055 Dear Jack & Louis Shore: 1 UIWWA � • AM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES R�CMm December 30, 1999 N, C. Dept.of rzm JA N 9 q 2000 Regional c)i{ice, Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 99-7 Yadkin 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. IRRI, IRR2, DRYI, 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 (919) 733-5083 ext. 571. Sincerely r Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Yadkin County Soil and Water Conservation District Facility File I617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper State of North Carolina* Department of Environment and Natural Resources Division of Water Quality RF-r,r 1VF7D N.C. fit; t- of EHNR James B. Hunt, Jr., Governor SEIr ' ��� Bill Holman, Secretary Kerr T. Stevens, Director W,r,stnr-Salem Regional Office September 13, 1999 - SHORE BROS DAIRY 2220 SHORE RD. YADKINVILLE NC 27055 Attn: Jack Shore a M AMM 7,AM M NCDEN-R NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANb NATURAL RESOURCES Subject: Application No. AWC990007 Additional Information Request Shore Bros Dairy Animal Waste Operation Yadkin County Dear Jack Shore: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by October 13, 1999: 1. The waste storage pond capacity documentation submitted indicates that the capacity of the pond at your facility is 111,486 cubic feet. This was confirmed with Tommy Burchette with USDA/NRCS. The volume that is on your certification form is 12,929 cubic feet. The certification form will need to be redone to show the corrected volume of your storage pond in order for this facility to be permitted. Please submit the corrected certification form. 2. Information was submitted about the application rate for your irrigation system. However, the total application amount is also needed. This is usually on Table 1 of your irrigation design. This table was submitted in your initial application but the table was blank. Please contact your irrigation system designer and/or installer or your technical specialist for this information. Irrigation events are to be listed in the WUP as the maximum application allowable for that soil type from the time the pumps are turned on until the time they are shut off. It is currently recommended that total application amounts not exceed one inch in any application event for any soil type. 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 October 13, 1999 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 (919) 733-5083, extension 364. cc: ()inston S eaI m-Regional Office; Water -Quality Permit File Sincerely, S Dianne Thomas Soil Scientist Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-715-604B 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 Kerr T. Stevens, Director Jack & Louis Shore Shore Bros Dairy 2220 Shore Rd. Yadkinville NC 27055 Attn: Jack Shore Dear Jack Shore: J_ L NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AN ATURAL RESOURCES June 8, 1994 HECEIVED N.C. Dept, of EHNR JUN�Q Winsteo, Rf-, ,..r:. Subject: Application No. Ai607 Additional Information Request Shore Bros Dairy Animal Waste Operation Yadkin County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by July 8, 1999: Please provide lagoon or waste storage pond capacity documentation (design, as -built calculations, etc.). Be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable. 2. Please contact your technical specialist and have irrigation parameters added to your Waste Utilization Plan (WUP) for the land that is irrigated. Irrigation events are to be listed in the WUP as the maximum application allowable for that soil type from the time the pumps are turned on until the time they are shut off. It is currently recommended that total application amounts not exceed one inch in any application event for any soil type. 3. When utilizing soybeans in a crop rotation, residual nitrogen should be accounted for in the next crop. It appears that the nitrogen residual from soybeans is not accounted for in the WUP submitted. Please contact your technical specialist to review your WUP and revise the WUP to account for residual nitrogen from soybeans, if necessary. 4. Please contact your technical specialist and have application windows (month specific) added to your WUP for each crop to be grown. 5. Please provide an Operation and Maintenance Plan. WUPs must be signed and dated by the facility owner, the manager and the technical specialist. I was unable to find a certification/signature page for the WUP submitted. Please provide a signed and dated copy of the revised WUP. Please indicate whether or not any land to be used for application is leased. If any land is leased, please _ provide a land lease or land use agreement that includes the tract numbers, field numbers and acreage amounts. 8. There were some discrepancies noted between the WUP tables and the maps. They were the following: -T2528, field # 1 WUP=8 ac., map=4.88 ac. -T2587, Feld #1 WUP=22 ac., map=21.14 ac. -T2587, field 93 WUP=25 ac., map does not show any acreage amount -T2508, field #2 WUP=16 ac., map=11.45 ac. Please contact your technical specialist to explain these, revise the WUP and add acreages to the map as necessary. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Application No. 99-0007 • Jack Shore Page 2 The WUP submitted does not calculate the amount of Plant Available Nitrogen (PAN) produced at this facility per year. Please contact your technical specialist and have PAN calculations added to your WUP. Also, a comparison of the amount of PAN produced and the amount of PAN utilized by the crops should be included (called the nitrogen balance). The amount of nitrogen utilized by the crops will need to be figured for each field and crop individually and then totaled. 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 submitfediin duplicate to my attention at the address below. The information requested by this letter must be submitted on or before July 8, 1999 or the Division will return your application as incomplete in accordance with 15A N.C. A.C. 2H .0200 and ybtir 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 (919) 733-5083, extension 364. Sincerely, Dlm�-s Dianne Thomas Soil Scientist Non -Discharge Permitting Unit cc: Winston-Salem'Regional•Off ice, —Water -Quality - Permit File -- f State of North Carolina Department of Environ t and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIF REQUESTED lack & ouis S 6- Shore Bros Dairy 2220 Shore Rd. Yadkinville NC 27055 Farm Number: 99 - 7 Dear Jack & Louis Shore: A4 • _ f s�47 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND N,arURAL RESOURCES April 6, 1999 RECEIVED N.C. Dept. of EHNR APR 12 1999 Winston-Salem Regional office You are hereby notified that Shore Bros Dairy, in accordance with G.S. 143-215.1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 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 Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Dianne Thomas at (919)733-5083 extension 364 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. Z , 2 /Z /& — — for Kerr T. Stevens cc: Permit File (w/o encl.) Winston-Salem Regional Office (w/o encl.) P.O. Box 29535. Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper N State of North Caroli 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Jack & Louis Shore Shore Bros Dairy 2220 Shore Rd. Yadkinville NC 27055 Dear Jack & Louis Shore: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 20,1998 RECEIVED N.C. Dept. of EHNR AUG 2 4 1998 Wi"s'ton- 8 a I e m Regional Cfrrce Subject: Special Agreement Facility Number: 99-7 Shore Bros Dairy Yadkin County Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, A. Preston Howar4Jr.,E. ATTACHMENTS cc: WSRO Regional Office Yadkin County Soil and Water Conservation District Facility File Central Files Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%o post -consumer paper NORTH CAROLINA ENVIR NMENTAL MANAGEMENT COMMISSION COUNTY OF YADKIN IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 99-7 JACK & LOUIS SHORE Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Jack & Louis Shore, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G. S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake aU necessary activities in order to obtain and implement a certified animal waste management plan by November 30, 1998. Farm Number: 99-7 • • Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the fast seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 99-7 • Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Shore Bros Dairy JA C le d (,o corC Date 13— ; - 900 For the North Carolina Enviro ental Management Commission: znen= 1 Date Jr- t�' s� �r.. Chairman of the Commission State of North Carolis 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jack & Louis Shore 2220 Shore Rd. Yadkinville NC 27055 Dear Jack & Louis Shore: 1�• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NauRAL RESOURCES July 17, 1998 RECEIVED N.C. Dept. of ENNR JUL_ 2 2 1998 WinGton- glom Regional oi]fice Subject: Special Agreement Certified Animal Waste Management Plan Shore Bros Dairy Facility Number: 99-7 Yadkin County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 12, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Jack & Louis Shore in order to allow additional time for Jack & Louis Shore to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5083 Fax 919-715.6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 0 . 0 Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 571or Ms. Sonya Avant at (919) 733-5083 ext. 571. Sincere y, A. Preston Howard, Jr. P.E. Attachment cc: Facility File — Non -Discharge ComphanceJEnforcement Unit DWQ Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIAMENTAL MANAGEMENT COMMISSION COUNTY OF YADKIN IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 99-7 JACK & LOUIS SHORE Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Jack & Louis Shore, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in, accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and, "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by November 30, 1998. Farm Number: 99-7 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER'S" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will -be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 99-7 i Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Shore Bros Dairy Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission .4 State of North Caro 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jack & Louis Shore Shore Bros Dairy 2220 Shore Rd. Yadkinville NC 27055 Dear Jack & Louis Shore: pojhx;w�1 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEIVED N:.C. Dept. of EHNR FEB 2 5 1998 winston-Saiorrt Regional OfHOO Subject: Request for Status Update Certified Animal Waste Management Plan Shore Bros Dairy Facility Number: 99-7 Yadkin 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 12I7, 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 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper also Ached is a form (Forr. 2198) that must be filled out if the facility Monger in operation or is below the threshold established in*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 (919) 733-5083 ext. 581. Sincerely, 01 A. Preston Howard, cc: Facility File — Non -Discharge CompIianeelEnforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/]0% post -consumer paper State of North'Carolo 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 N1EN10RANDUIM TO: Regional Water Quality Supervisor FROM: Shannon Langley A v 7 NCDE""R NORTH.-CAROLINA OEPARTMENT OF ENVIRONMENT ANp NATURAL RESOURCES �T'�P'll JF N.C. EHNR MAR 1 7 1998 Winston-Salem Regional office SUBJECT: Application for special agreement Please find attached a copy of application for special agreement for facility number 99-7-. If you have any questions, please call me at 733-5083, ext. 581. ATTACHMENT" TO D �4 L ;),ANTE'- P-O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50%a recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality APPLICATION FOR A SPECIAL AGREEMENT (INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING A SPECIAL AGREEMENT) I. GENERAL INFORMATION: , 1. Applicant (Owner of the Facility): 5,7 n re y& 71% ,- r S ,�(� L r 2. Facility No. • - 9 - 7 _ V 3. Facility Name: * / 4. Print or Type Owner's or Signing Official's ]`Tame and Title (the person who is legally responsible for the facility and its compliance): 5. Mailing Address: 2 -2 A-1 S _cn� A 4r e- %Iioet d //r�� State: % C Zip: city: d i�� b y Y s Telephone No.: (33 6. County where facility is located: ,y(��_�f�j_,I 7. Operation Type (Swine, Poultry, Cattle): Da- J r N 8, Application Date: -z-2 7 f II. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management ' Commission (EMC) may enter into'a special agreement with an operator who registered by September 1, 1996 with their local Soil and Water Conservation District office and who makes a good faith effort to obtain an approved animal waste management plan by December 31, 1997. This special agreement shall set forth a schedule for the operator to follow to obtain an approved animal waste management plan by a date certain and shall provide that the EMC shall not issue a notice of violation for failure to have an approved animal waste management plan so long as the operator complies with the special agreement. Operators who did not register by September 1, 1996 with their local Soil and Water Conservation District office or who can not document that they made a good faith effort to obtain an approved animal waste management plan by December 31, 1997, will not receive a Special Agreement from the EMC. These. facilities will be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to DWQ. 1. Date facility requested assistance from their local Soil & Water Conservation District k- /Z- FORM SPAG V98 Page 1 of 4 2. Efforts made since February 1, 1993 to develop and implement a certified animal waste management plan (Use additional sheets if necessary). This summary must include: A. All contacts made with technical specialist B. Dates and types of plans developed C. Contracts signed D. Fundsexpended E. Improvements made to the system F. Animals removed and not retoacked at the facility G. Other actions taken r 9-5 .? 7 91 97- d WAINi • . i s /- �;-- 91 FORM SPAG 1/98 . Page 2 of 4 11. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION: Please list each of the specific things that will be done at your facility to implement a certified animal waste management plan and the date you will have each activity completed. This must include a review of the possibility of not restocking animals that are scheduled to be removed from the facility until such time as a certified plan can be implemented. Please also list the date on which animals were most recently restocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). I ;hISA S'70CL7�YQ.fZ- lari7` ; ye-s2OCk dxL�,Z"S),0n $ "A- )I 1/ '1/] i Y! S44 // 1 Y►-1 l� Gt �l O " !" ids /P m e- /c- L _ldz �-�� e e o o 4 er-2� We- 42La_ h �� 6c Applicant's, Certification: I, Ld CA s S 45 { -e , attest this application for a Special Agreement with the EMC has been reviewed by me and is accurate and complete to the best of my knowledge. I understand if all required parts of this application are not completed and if all required s61212orting inforMation a d attachments are Dol included,i application 12ackage will be returned as incomplete -further moreI attest by_nmy signature that I L11 understand that if this facility is_I'ound_to be ineligible to enter into a special agreement with the EMC nothing in C0L,5i.S S � rye Print Name of Owner Date C Signature of N,ner FORM SPAG 1/98 Page 3 of 4 • 0 ieauired Items: One I original and two 1 copies ef t se colfipleted and a.ppro.priately exec led application, orm. along with anti attachments. THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFQKNIATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE COMPLIANCE/ENFORCEMENT UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 FORM SPAG 1/98 Page 4 of 4 y Numt►e ®� Operation type C)wne PackLouis ore a e Desaign Cap CAFO? arm=Name OrerOSairy County a In Previous Cases Address Ore . a invl e 3egioxrSR Reply Due:FMU etterDaie. Reply Received: rreceived App received P/1 2198 lResponded on time Waiting for government agency to design Plan developed but did not want to implement as developed on ois t sign u sheet? Waiting for Cost Share es ° No Inability to get a contractor Fbor weather Out of business Other Gommentsantacts €rom Animal Compliance Region comments Central Office and contacts Farn Number Lookup 99a7 Requested entension in writing? ° Yes ° No Stop processing! Removed Certified SA ry State of North Caro a Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Jack Shore 2220 Shore Road Yadkinville, North Carolina 27055 SUBJECT Dear Mr. Shore: WA kT?WA Ina �EHNR DIVISION OF SOEL AND WATER CONSERVATION May 23 tiveD ��� t 01 E�rl�1rk N,G 2 'a 01 w-,n,k0i► �1Ce Reg%oSzjeM na� Operation Review Corrective Action Recommendation Shore Bros. Dairy Facility No. 99-07 Yadkin County On May 12, an Operation Review was conducted of Shore Bros. Dairy, facility no. 99-07. This Review, undertaken in accordance with G.S. 143-215.100, is one of two visits scheduled for all registered livestock operations during the 1997 calendar year. The Division of Water Quality will conduct a second site inspection. During the Review, it was determined that waste was no being discharged to the waters of the State, and the animal waste collection, treatment, storage and disposal systems were property maintained and operated under the responsible charge of a designated operator. However, the following management deficiency was discovered and noted for corrective action: failure to install start pumping markers within the pond. This management deficiency needs to be addressed and corrected. You are encouraged to contact your certified technical specialist if additional assistance is needed. During ensuing reviews, this same deficiency will be re-examined to determine if corrective actions were implemented. In order for your facility to remain 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 maintained and operated under the responsible charge of a certified operator. Please remember that you are required to obtain and implement an approved animal waste management plan by the end of this year and have a certified operator. The plan must be certified by either a designated technical specialist or a professional engineer. For additional assistance with the plan or the certification course, please contact your local Soil and Water Conservation District Office or local Cooperative Extension Service Office. AJr 919 North Main Street, W FAX 704-663-6040 Mooresville, North Carolina 28115 Nvf CAn Equal Opportun€ty/Affirmative Action Employer Voice 704-663-1699 50% recycled/10% post -consumer paper Mr. Jack Shore :May 23, 1997 Page Two The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 704/663-1699 ext. 277 if you have any questions, concerns or need additional information. Sincerely, use C. merman 'Environmental Engineer I cc: Yadkin Soil and Water Conservation District C,ey,;Ba_ ssinger,_DWQ=Inspector-for-Yadkin_ Cow DSWC Regional Files Bh1���t�R�t��el�sec� a ID Routine 0 Complaint 0 Follow-up of DWQ inspectii Facility Number 99 7 FarmStatus: Rt:>±istercid......................................................... ................ Farm Name: SMre.Arvs.I' A!ry..........:...I.,.......................... ...................... Owner Name: In A.LaWr...................... Sxmrt:...... Follow-up,of DSWC review 0 Other Date of Inspection 5/I2/97 Time of Inspection 14:30 24 hr. (hh:mm) Total Time (in fraction of hours (ex:1.25 for I hr 15 min)) Spent on Review 2.25 or Inspection (includes travel and processing) County: YA............................................... 1?l,SRt?........ Phone No: 9.t0.tfiI9. 4ti3.......................................................... Mailing Address: 2220.5hoxe.Rd......................................................................................X.a1llkiit yadkWAILCAC .................................................... 270.55 .............. OnsiteRepresentative: .......................................................................................................... Integrator:....................................................................................... Certified Operator: ................................................... ..................................................... Operator Certification Number:................. Location of Farm: traile�.lYa�xfa.a� .Xad)iaYal�e.�an .S�laa �.Ra�... ■ Latitude 36 • 11 00 Longitude 80 'F 40 00 NotO erational Date Last Operated: ..........................:.......................1.................................................................. ....... Type of Operation and Design Capacity Swine Number ❑ Wean to Feeder El Feeder to Finish Farrow to Wean Farrow to Feeder Farrow to Finish General Poultry Number ❑ Layer ❑ Non -Layer ❑ Other Cattle Number IN Dairy 250 ILI Non -Dairy Number of Lagoons / Holding Ponds 1 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area 1. Are there any buffers that need maintenance/improvement? ❑ Yes 0 No 2. Is any discharge observed from any part of the operation? ❑ Yes ® No a. If discharge is observed, was the conveyance man-made:' ❑ Yes ® No b. If discharge is observed, did it reach Surface Water? (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 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 lagoonstholding ponds) require ❑ Yes ® No maintenance/improvement? Continued on back 6. Is facility not in compliance with any appl le setback criteria? s 7. Did the facility fail to have a certified ope r in responsible charge (if inspection after 1/109 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] Lagoon 2 Lagoon 3 ..................2......................................... I............... ...................... 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 bealth or environmental threat, notify DWQ) 13. Do any of the structures lack adquate markers to identify start and stop pumping levels? Waste Agolication 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 ............... CQM.(S!laJoCA Gz4izt1................Szavall.�rzazrt.� 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? ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No Lagoon 4 ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 23. Does facility require a follow-up visit by same agency? ❑ Yes ® No 24. Did Reviewer/inspector fail to discuss review/inspection with owner or operator in charge? ❑ Yes ® No Comments (refer to question #): Explain any YES answers ihd/or.any recommendations or,any other•comments. 99-7 :Use drawings of facility to better exptain situations.;(use additional pag6s as, necessary):;; ' Question 13: Pond does not have a visible pumping marker. Facility was in process of hauling waste while I was present. The operation appears in good order and there are setbacks from streams being maintaned. The pasture/loafing area is heavily denuded but buffers between lot and stream are intact. Any errosion/run-off from this area will go to a farm pond before leaving property or entering waters of the state. Reviewer/Inspector. Name V Reviewer/Inspector Signature: Date: cc: Division of Writer Quality, WajiFr Quality Sect!+ ,Facility Assessment Unit i 1114196