990012_ENFORCEMENT_20171231

0
STATE OF NORTH CAROLINA
DEPARTMENT OF]USTICE
ROYCOOPER. 11.0.Box 629 RFTI.YT0:JEN.NI:WjujF.i%IHAINER
ATTORNEY GENERAL RAin(m,NC27602 t:NVIRON)IUMI,DIVISIO.N
'M.: (919) 71C.6600
FAN:19191716)767
. lhnuscr @11rdoi.gov
November 15, 2016
Timothy Smitherman Certified Mail/Return Receipt Requested
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
Re: Assessment of Civil Penalty against Timothy Smitherman
PC-2015-0028
Dear Mr. Smitherman:
Enclosed is the Final Agency Decision of the Environmental Management Commission
assessing a civil penalty and investigative costs against Timothy Smitherman totaling
S11,247.26. According to North Carolina General Statutes § 143-215.5 and § 15013-45, Timothy
Smitherman may seek judicial review of the Commission's decision in the appropriate Superior
Court by filing a petition within 30 days of receipt of the written copy of the Final Agency
Decision. A copy of the judicial review petition must be served on the Commission's agent for
service of process at the following address:
Sam M. Hayes, General Counsel
Dept. of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition forjudicial review on meat the address listed in the letterhead.
If you do not appeal the Final Agency Decision, payment must be submitted to the
Department of Environmental Quality within 30 days of receipt of this final agency decision by
mailing a check made payable to the Department of Environmental Quality to
Mr. Bob Sledge . [Phone [phone]
Enforcement Coordinator
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you fail to pay the penalty within 30 days of receipt of the final decision document, the
Department will seek to collect the amount due through a civil action commended in Superior
Court.

Timothy SMtherman
N6Win66r-2016
Nige"!
Sincerely,
Jennie Wilhelm.'HAuser
Specia,l,DcOuty Attorney General atid
Counsel for the ErivironmWal'Managernent Commission
cc: Steyen L.Rowlan, Chair, EMC (dle,ctrdhically)
Lois Thomas -Spence, Recording Clerk,,EMC (electronically)
Debra Watts (electtonically)
SIferri Knight:(clectronically")
Jon Risgaardi DWR (electronically)'
nically)'
Bob,Sledgej D", (electronically);

r
STATE OF NORTH CAROLINA
BEFORE THE
REMISSION COMMITTEE OF THE
COUNTY OF YADKIN
ENVIRONMENTAL MANAGEMENT
COMMISSION
PC-2015-0028
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: )
TIMOTHY SMITHERMAN )
FINAL DECISION
THIS MATTER came before the Civil Penalty Remissions Committee ("Committee") of
the Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-
282.1, on July 14, 2016, upon the recommendation of the Director of the Division of Water
Resources ("DWR"), S. Jay Zimmerman, ("Director") Department of Environmental Quality
("DEQ") for entry of a final decision on the assessment of a civil penalty and investigative costs
against Timothy Smitherman totaling Eleven Thousand Two Hundred Forty Seven Dollars and
Twenty Six Cents ($11,247.26).
FACTUAL AND PROCEDURAL FINDINGS
On January 27, 2016, Timothy A. Smitherman was assessed a civil penalty of
$11,247.26 which included civil penalties totaling $9,000.00 and $2,247.26 for investigative
costs. The civil penalty was based on five violations on the Shady Grove Dairy farm as follows:
failing to make major changes to the Certified Animal Waste Management Plan (CAWMP) as
required by the Cattle Waste Management System permit; failing to maintain a 100-foot buffer
between land application area and wells that is not a monitoring well; failing to maintain a 200-
foot buffer between a land application area and a residence not owned by the permitee; failing to
prevent application of animal waste that caused excessive ponding; and failing to test and
calibrate waste application equipment prior to using it.

2
2. According to the United States Postal Services return receipt, Mr. Smitherman
received the assessment document on February 4, 2016.
3. On February 12, 2016, the Division of Water Resources ("DWR") received a
request for remission of the assessed civil penalty from Timothy Smitherman including a
Justification for Remission Request and Mr. Smitherman's Waiver of Right to an Administrative
Hearing and Stipulation of Facts.
4. The Director considered Mr. Smitherman's request for remission of the assessed
penalty and the justification submitted as well as the required statutory factors and found no
grounds to reduce the civil penalty assessment.
5. On April 20, 2016, Mr. Smitherman received the Director's Decision to deny a
partial remission of the civil penalty assessment since the Director did not believe the uncertified
waste structures and failure to calibrate violations were inadvertent or a result of an accident. The
Director believes the Petitioner planned the unpermitted waste structures and dragline systems to
be built. Also, the Director does not believe the ponding violation was inadvertent or an accident
since the ponding occurred in areas where the application of equipment traffic was heavy and had
the equipment been operated properly, the ponding would have been avoided.
6. Mr. Smitherman's request for remission and the Director's recommendation were
considered by the Civil Penalty Remissions Committee on July 14, 2016. Mr. Smitherman
requested to make an oral presentation; therefore, his request for remission was presented to the
Civil Penalty Remissions Committee based on both oral and written submissions from Mr.
Smitherman and from the Division of Water Resources.

3
CONCLUSIONS OF LAW
Having considered the facts contained in the record, the oral presentations from Mr.
Smitherman and DWR, and the factors set forth in N.C.G.S. § 143B-282.1(b) and (c), the Civil
Penalty Remissions Committee finds and incorporates herein the facts contained in the Findings
and Decision and Assessment of Civil Penalties as stipulated to by Mr. Smitherman. Additionally
the Committee concludes that the record supports the Findings of Fact. The Findings of Fact in
turn support the Conclusions of Law. The Committee further concludes that the Director properly
considered and applied the factors set forth in N.C.G.S. § 14313-282.1 in determining the amount
of the civil penalty and considering the request for remission. Pursuant to N.C.G.S. § 14313-
282.1(c), the Committee concludes that no grounds have been shown by Mr. Smitherman or are in
the record to support the request for remission or reduction of the penalty assessed by the Director
on January 27, 2016.
Upon duly made motion and vote, the Committee concludes that the civil penalty
assessment with investigative costs should be upheld in the total amount of Eleven Thousand Two
Hundred Forty Seven Dollars and Twenty Six Cents ($11,247.26) ($9,000.00 assessed for civil
penalties, plus $2,247.26 for investigative costs).
THEREFORE, IT IS ORDERED AND ADJUDGED that:
I. The assessment of the civil penalty and investigative costs in the total amount of
Eleven Thousand Two Hundred Forty Seven Dollars and Twenty Six Cents ($11,247.26) against
Timothy Smitherman is AFFIRMED.
2. This Final Decision and Order shall be served upon Mr.. Smitherman and upon
receipt hereof, the amount of Eleven Thousand Two Hundred Forty Seven Dollars and Twenty

Six Cents ($11,247.26) shall be paid to the Department of Environmental Quality within thirty
days as required by law.
This is theLO "day of November, 2016.
Qy�� —
Steven J. Rowlan, thairman
Environmental Management Commission

5.
C) RT[FICATE OF SERVICE
This is to certify that`I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Timothy A. Smitherman
Certified Mail Return Receipt and
ShadyG'rove Dairy
1040`Hoot Owl Hollow
East Bend,.NC,27,0i8
Mr..Joh.Risgaard
Electronically ion.riseaard(amcdenr.gov
WOOS Section Chief
Winston-Salem Regional Office
Sherri.Knight,,WQROS'
Electronically sherri;knight�nedeiv.€;ov
Winston=Salem Regional Office!
Debra J. Watts,'Superyisor.
Electronically .debra.wattsnnedenr.
Animal Feeding -Operations
DWR
Bob Sledge, Enforcement Coordinator
Electronically: bob.sledge a,ncilcnr. ov
Animal Operations
DWR
This,is the(_°- ay of November, 2016,•
ROY COOPER
Attorney General
Jennie Wilhelm Hauser
Special Deputy Attorney General
N.C. Department of Justice
P. O. Box 629
Raleigh, N;C: 27602
9,i gn16-6600

AGENDA ITEM: 16-07
REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT
DWR Case Number: PC-2015-0028 Region: Winston-Salem County: Yadkin
Assessed Entity: Timothy Smitherman, owner and operator of Shady Grove Dairy
CASE BACKGROUND ANDASSGSSMCNr
• June 4, 2015 DWR staff conducted a complaint investigation at Shady Grove Dairy and
observed an uncertified waste structure that was used to store animal waste. The 5�
uncertified animal structure was not a part of the Cattle Waste Management �o
System General Permit, had not been approved by DWR and failed to meet State
or Federal NRCS standards. The uncertified waste structure was not properly
operated and maintained and had been in use since 2012. DWR staff also
documented that Shady Grove Dairy applied animal waste within 135 feet of a
residence and within 60 feet of a well located on an adjacent property:
• June 18, 2015 DWR issued a Notice of Violation and Recommendation for Enforcement
• September 2, 2015 DWR investigated a second complaint at Shady Grove Dairy and observed two
additional uncertified waste structures (Butner Mill Road and Gypsie Road) and
a dragline system used for application of animal waste. The dragline system was
not listed in Shady Grove Dairy's Cattle Waste Management System General
Permit as an approved method of waste application and Shady Grove Dairy had
no calibration record for the dragline system. Excessive pending of animal waste
occurred from the application of animal waste.
• September 21, 2015 DWR issued a Notice of Violation and Recommendation for Enforcement
• January 27, 2016 Timothy Smitherman was assessed a civil penalty of $11,247.26 ($9,000.00 civil
penalty plus $2,247.26 investigative costs):
�J • $7,000.00 for failing to make major changes to the CAWMP as required by
the permit, and operating uncertified animal waste structures which fail to
meet NRCS standards.
• $500.00 for failure to maintain a 100-feet buffer between land application
area and wells that is not a monitoring well.
• $500.00 for failing to maintain a 200-feet buffer between a land application
area and a residence not owned by the permittee.
• $500.00 for failure to prevent application of animal waste that caused
excessive pending.
• $500.00 for failure to test and calibrate waste application equipment prior to
using it.
• February 4, 2016 Green card indicated delivery of the assessment document.
tEMLSSION REQUEST
• February 12, 2016 Waiver of Right to an Administrative Hearing and Stipulation of Facts Form
AND Justification for Remission Request form signed by Mr. Timothy
Smitherman.
• April 14, 2016 Mr. Smitherman did not submit a written request for remission of civil penalties;
therefore, the Director of DWR considered case file information and did not find
grounds to modify the original civil penalty assessment of $11,247.26.
Page t of 65

r 1 0`e.
• April 20, 2016 Green card indicated delivery of the remission decision document.
REQUEST FOR ORAL PRESENTATION
• Mr. Timothy Smitherman requested an oral presentation before the Environmental Management
Commission's Committee on Civil Penalty Remissions.
• Mr. Timothy Smitherman Farm (Shady Grove Dairy) has been cited for previous violations on this farm.
DWRRECONEVIMATION
• The Division of Water Resources opposes any remission or mitigation of the penalty.
Page 2 of 65

M Division of Water Resources
El. Division of Soil and Water Conservation
Other Agency
Facility Number.-990012 Facility Status:
Active Permit AWC990012 Denied Access
Inpsectbn Type: Compliance Inspection
Inactive Or Closed Date;;
Reasontor.VieN: Complaint
County: Yadkin ' Region. Winston-Salem
Date of Visit: ,06/04l2015 EntryTime: 1205pm
Exit Time: 1:00 pm Incidents
Farm Name: Shady Dairy
Owner Emell:
Owner: Tim A Smitherman
Phone: [phone]
Meiling Address: '1040 Hoot Owl Hollow
Essf Bend NC27018
Physical Address: 4408 Shady Grove Church Rd
East.Bend,NC 27018
Facility Status: ❑ Compliant Net Compliant
Integrator:
Location of Farm;
Latitude: 36° 13' S9" Longitude: 80"'31'�33"
US, Hwy 421 north to Baltimore Rd. exit. Left at top of (amp (north). Right onto ForbushlComelius Rd. Left onto Baltimore.Rd. Left '
onto Flint Hill 'Rd. left onto NC Hwy. 67. Right onto Fairground Rd:
Right onto Shady.Grove.Road.: Farm is on left.
Cuesbon Areas:
Waste Cat, Stow& Treat Waste. Application
Records and Documents
Other issues
Certified Operator: Maurice'Smitherman
Operator Certification Number: 21058
SecondaryOIC(s):
On -Sits Representgtive(sji Name
Title Phone
. 24 hourcontadt name. Tim Smithey ian
Phone:
On -site representative Maurice Smithenman
Phone: [phone]
Primary Inspector. Melissa Rosebrock
Phone:
Inspector Signature.
Date:
Secondary Inspector(s):
Inspection Suininary:
page: t
Page 3 of 65

Permit: AWC990012 Owner - Facility':Tim A Smitherman Facility Number: 990012
Inspection. Date:, 06/04/15 Inpsectlon. ype: Compliance Inspection Reason for Visit: Complaint
6. While investigating the application complaint, an uncertified waste storage structure was discovered on tract 3439 (Parcel
#153542) which is owned by Shady Grove Partners LLC and is used to store animal waste from Shady Grove Dairy. This is a
violation of condkions'l.3. and 11.1. of the permit. The uncertified waste structure is triangular in shape with dimensions of
approximalely 147' X 147"X 132'. At the time: of the investigation, the structure/hole was at least 8-10' deiep and contained 1-2' feet
of liquid waste. The "dam".ls 33 feet high on one side.
Per OIC, MauriceSmitherman, the uncertified waste structure/hole was constructed in 2012 during.a period of chronically wet
weather for the purpose of emergency storage of rattle waste. The waste structure was used again this Springto avoid potential
freeboard or discharge violations. The uncertified waste structure/hole is located approximately 100 feetdownsiope of a
hard -packed dirt farm road. An off-loading stationislocated alorig the farm mad and is constructed inground of PVC and concrete
and is designed to convey the waste by gravity from a slurry tank, through an underground 8" PVC pipe, to the uncertified waste
structure. On the downslope side of the;uncertified waste structure is a,suction hose and pump, designed to remove waste from
thestructuresoit can be land applied onto: surounding,flelds'intract3439.
40. Waste was applied within 135 feetofa.residenceinotowned by the permittee. Per the CAWMP, thepermittee Isto maintain a
200.:foot buffer between the land application area and a residenoe; therefore, this is a violation of permit condition.11,20..
10. Wastewas applied within 60 feet of a well located atNew: Home Methodist Church on Smithtown Road and within 90.feet of a
well located at residence at 3335 Smithtown: Road. Failure toabide by the'well set -backs Mated in the CAWMP is a violation of
permit condition 1.8.
11. Excessive pending was observed below the uncertified waste sWcture today and at the entrance to one of the application
fields within tract 3430.,Excessive pending Is a violation of condition 11.5. of the permit. The application records containedon the
requested/submitted SLUR-1. and SLUR-2 forms indicate thatthe overall PAN rateper acre was NOT exceeded The OIC had tried
to mitigate the odor and pending nearest the residences by filling the ponded waste just prior to our arrival today. Lookedmuch
better. No run-off observed. Previous crop was small grain and new crop is to be corn silage which is tobe,planted within a week
or so.
30. Freeboard records did not indicate %relation of waste levels,.and a May 2015 inspection documented that wastestorage ponds
#2 and #3 were almost empty. The owner nor OIC notified the WSRO that they were having trouble with the waste storage capacity
on the.farm this Spring.
34.. The WSRO will need to document that ALL animal waste is removed'pilor to the owner either. 1) filingin the uncert1fied waste
structure hole or 2) retro•fitfing the hole by having the structure meet NRCS standards for design and installation.
page: 2
Page 4 of 65

Permit AWC990012 Owner- Facility: Tim A Smitherman Facility Number. 990012
Inspection Date: 06/04/15 Inpsection Type: Compliance Inspection Reason for Visit: Complaint
Waste Structures
Dlelgnated Observed
Type. Identifier Closed Date Start Date: Freeboard Freeboard
Waste Pit
OLD ROOFED PIT
12/3716
9.60
Waste Pond
MATERNITY WSP -
16.00
Waste Pond
NEW LOWER#4
27.60
Waste Pond
NEW UPPER O
27.60
Waste Pond
OLD Al
27.60
Waste Pond
OLD A2
24.00
page: 3
Page 5 of 65

Perini(:. AWC990012 Owner -Facility: Tim.A Smitherman Facility Number: 990012
Inspection Date: 06/04/15 inpsection Type: Compliance Inspection Reason for Visit: Complaint
Waste Collection. Storage & Treatment.
yes No No No
4. Is, storage,capacity less than adequate?
❑
❑ ❑
.
If yes, is waste levelinto structuralfreeboard?
❑
5. Are there anyimmediate threats to the integrity of any of the structures observed (Le./ large
❑
❑ ❑
trees, severe erosion, seepage, etc.)?'
6.,Are there strictures on -site that are not properly addressed and/or managed'through'a
❑ ❑
❑
waste management or closure plan?,
7. Do any of the structures need maintenance or improvement?
❑
❑ ❑
. M
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
❑ ❑
to roofed pits, dry stacks and/or wet stacks).
9. Does any part of the waste management system other than the waste structures require,
❑
❑ ❑
0
maintenance or improvement?
Waste Application
yea Nb Na Ne
10.,Are there any, required buffers, setbacks, or compliance alternatives that need
M ❑ ❑ ❑
-maintenance or improvement?
11 Js there evidence of, incorrect! application?
❑ ❑
If yes,. check the appropriate box below.
ExcessivePonding?.
■
Hydraulic; Overload?
Frozen Ground?
❑
Heavy' metals (Cu',. Zn,: etc)?
❑
PAN?
❑
Is PAN > 10%/10 Ibs,?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable' crop window?
El
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Corn (51!eae)
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type5
Crop Type
Soil Type 1
Soil Type 2.
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
page: 4
Page 6 of 65

Permit: AWC990012 Owner -Facility: TimASmitherman Facility Number: 990012
Inspection Date: 06/04/15 Inpsection Type: Compliance Inspection Reason for Visit: Complaint
Waste Application
Yea No Na No
14. Do the receiving crops differ from those designatedin the Certified Animal Waste
❑M
❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑
❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
❑ 0
❑
determinationT
17. Does the facilitylack. adequate acreage for land application?�
❑
❑
❑
18.,Is there a.lack of properly operatingwaste application equipment?
❑
M ❑
❑'
Records and Documents
vas
No. Na No
19. Didthe facility fail to have Certificatisof Coverade'and Permit readily:avaitable?.
Cl
❑. ❑
20. Does the facility fail to hava�all components,of the CAWMP readily available?
❑
❑ ❑
M
If yes, check the appropriate box below.
WUP?'
❑-
Checklists?.
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does,record keeping need, improvement?
El
ME-20'
If yes, check the appropriate box below:
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?' -
❑
Weather code?
Rainfall,
❑
Stocking?
❑
Crop yields?
❑
120 Minute insoddons?
❑
Monthly and-1"Rainfall Inspections
❑
'Sludge.Survey
❑
22. Did the facility fail to:install and maintain a. rain gauge?
❑
❑ ❑
23. If selected, did the facility fail to install andmaintain rainbreaker on irrigation equipment
❑
❑ 0,
❑
(NPDES only)?
24..Did the facility fail to calibrate waste application equipment as required.by:the permit?
❑
❑ ❑
M
25. Is the facility out of compliancewithpermit conditions related to sludge? If yes, check the
❑
EIN
❑
appropriate box(es) below:
Failure tocomplete;annual sludge survey
❑
Failure to develop a.POA for sludge levels
❑
Non -compliant sludge levels imanylagoon
❑
page:
8
Page
7 of 65

AW
Permit: AWC990012 Owner - Facility : Tim A Smitherman Facility Number: 990012
Inspection Date: 06/04/15 Inppection Type: Compliance Inspection Reason for Visit: Complaint
Records and Documents
Yae
No Na N9
' List structure(s) and date of first survey indicatingnon-compliance:
26-. Did the Mciiity,fail to provide documentatlon.of an actively certified operator in charge?
Q
27. Did the facility Tail to secure a phosphorous loss assessment (PLAT) certification?
1100
0
Other Issues
Yas No No Ne
28.:Did the facilityfail',to properly dispose of dead animals within24 hours end/or document
0
0 0 M
and report mortality rates that exceed normal rates?
29. At the.time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
0 0
contact a.regional Air Quality,representative immediately.
--
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e:, discharge, freeboard problems, over -application)
31. Do subsurface Ilia drains exist at the facility?
0
■
If; yes, check the appropriate box below.
Application Field
Lagoon/ Storage Pond
Other
If Other, please specify
32. Were any additional problems.noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/Inspector fad to discuss reviewlinspectionmith on -site representative?
34. Does:the,facility require a follow-up visit by same'. agency?
❑ El 0,
page: ' 6
Page 8 of 65

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Page 9 of 65
8/25/2015

Page 1 d2'
YADKIN COUNTY, NO
YR 2014 Rt73UWM BY CCJM@ ML RUN 12/22/14 TIME "7:44:41
SHADY GPM PARTNERS LLC
SHADY GROVE PARTNERS LLC Num: 0600
145337
1040 HDor CWL HOLIM RD
1040 HOOT OWL HX16i4 9D 593002755331
EAST BEND NO 27018
EMT 'SEND .NO 27010 NC 67. MY
P1at,Bk/Pg
1066688
1066688 5930 02 75
5331
Bldg No. Appraiser:-
'Appr Date:.
APPR; APPR DT:. LAND VALUE
233,400
Lip Desc:
Eff Yr:
USE CODE: OR, CHG.RESIDUAL L KISC,VALUS
360
Grade FAIR QUALITY Act Yr Bt:
DLSTRICT': 116 FALL OM -FIRE SLOG VALUE
_.
Q'
Stories/ RTS/
Bed/, Bth/ HBtK
NERD:10600 FALL''a'a:KTMSHI TCUAL VALUE
233{.700
Finished Area:
.ASV SgFU
Sales Sgrt 2017. Piiok YEAR
233,700
PAGE 1
ROM#:
.O0MQP w 'TYPE/CODE/OFSC' PCT UNITS RATE STAR: STR4 SIZB -. HGTB PEM CDs% COST 4Q@li
37,553
300
0
37,853
37,853
PPO1MM NOTES: SEE DB. 981/424 FOR BOUNDARY LINE A20mm 1' BOOR' PAGE or DATE 09 SALES PRICE'
906 375 WD 8/28/2008 N 296,500'
311, 633- SPL 1/02/1991.
PMUT NO
TYPE
DATE
Allow
BLOC WDE DESC UNITS EYB DT POT ADD.OEPR POT CGCD VALUE EKCD 8COMP
1 05 am TUB'18 X 18 1.00 1940 P02 75.00 S 100 100
2 04 BARN PAIR 18 X,32 1.00 1940 PD2 75.00 S 100 100
3 56 OLD HOUSE 1.00 1991 PO 50.00 9 100 100,
.00
IND LAND TOM ACRES: 59.610 VALUE PER ACRE: 3;915 TOT CURRENT'
R WNE TYPE/COOD LAND 01'Y' LAND, ACRES' LAND RATE DM UP" TOP%' IUC6 SIZB SHP4 ODN4 ADI FW E&W
1 AC w 13.750 13:950 5,000.00 .00 .00 100:00 .00 .00 .00 .W 68,750,
LUV.. IU w 13,750 630.D0 LV AD.T & VALUE.. :DO 8,662
2 AC O 45.860 45.860 3,590.27 .00 .00 100.00 .00 .00 .00 .00 164,650
LUV.. LU 0 45.060 630.OG LU ADI 6-VALUE.. .00 28,891
145337 NO 61 MY.
Page 10 of 65
8/25%201'5

I
.
J
„)N
y I t '4 + L•�

i
Homeowner's
mailbox and
drinking water
well.
r-
Animal waste from Shady Grove Dairy was
applied 60 feet from a well located -at New
[ Home Methodist Church on Smithtown
J Road. Church property is,adjacent.to
"] application field in tract 3439. Permit
requires that any application of animal
waste be at least 100 feet from a well.
Note excessive ponding of animal waste
neafhomeowner's mailbox.
Animal waste from Shady Grove Dairy was also applied 135 feet from a esidence located across the road from
tract 3439 on Smithtown Road and 90 feet from the homeowner's drinking water well. The permit requires a 200
foot setback from a residence.
Smitherman/Shady,Grove Dairy —Page 12
Page 12 of 65

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FA
NCDI R
North Carolina Department of Environment;and Natural Resources
Pat McCrory
Governor
June 18, 2015
IC * U71 1 u.:.- ; Wi _. , 4W i i s . i
Tim A. Smitherman
Shady Grove Dairy"
1040.Hoot Owl Hollow-
FastBend,.NC.27018
Donald van der Vaart
Secretary
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Conditions. Violations #NOV-201`5-PC-0158
Certificate of Coverage #AWC990012
Yadkin County .
Dear Mr. Smithermana
As you are aware; on June 2, .2015 staff of the Division of Water Resources' Winston-Salem
Regional Office (DWR-WSRO) received a complaint alleging that Shady Grove Dairy: 1) over
applied animal 'waste on crop fields near New, Home Methodist Church on Smithtown Road; 2)
caused; the ponding of animal waste near the mailboxes on Smithtown Road; 3) applied animal
waste too close to neighboring wells; and 4) had "dug a -hole to store waste". A final copy of the
inspection report is attached for your review. During the June 4, 2015 investigation, DWR-WSRO
staff person Melissa Rosebrock documented the following:
Violations
1) A waste storage structure was observed on tract 3439 (Parcel #153542) which is owned by
Shady Grove.Partners LLC. The structureds being used -for the storage of animal waste,from,
Shady GroveDairy. The uncertified waste structure is triangular in shape with dimensions
of approximately 147' X 147' X 132% At the, time of the investigation, the structure/hole was
approximately 8-10' deep and contained ,1-2' feet'of liquid waste. The "dam" is 34 feet high
on one side.
Per Operator. in Charge '(OIC), Maurice Smitherman, the uncertified waste structure was
constructed in 2012 during a period of chronically wet weather for the purpose of
emergency storage of cattle waste. The waste structure was used again this spring to avoid
the potential for high freeboard`and%or discharge violations.' Freeboard records indicate no,
violations this year and a May 2015 inspection documented that waste storage ponds #2 and
#3 were almost empty. The WSRO was not notified of any waste storage capacity issues this
spring.
450 West Hanes Mill. Road, Suite 300, Winston-Salem; N027105
Phone: [phone].\ Internet: www.ncvmterouality.ora Page 17 of 65
An Equal Opportunity\Affirmative Action Employer -Made in part by recycled paper

Sinithennan-NOI
June 18, 2015
Page 2
The uncertified waste structure is located approximately 100 feet downslope of a hard -
packed dirt faun road. An off-loading station is located along the farm road and is
constructed below ground and made of PVC and concrete and is designed to convey the
waste by gravity from a slurry tank; through an underground 8'` PVC pipe, to the uncertified
waste structure.. On the downslope side of the uncertified waste structure is a suction hose
and pump, designed to remove waste from the waste structure so it can be land applied onto
surrounding fields in tract 3439.
The uncertified structure fails to meet NRCS standards which is a violation of the
Certified Animal Waste Management Plan (CAWMP) and condition I.S. of the, Cattle.
Waste Management System General Permit. Failure to properly, operate and maintain
the waste collection,treatment, and storage facilities is also:a violation of condition I1.1.,
of the Permit:
2) Animal waste was applied onto fields along Smithtown Road located on tract 3439 within
135 feet of a residence. Failure to maintain a 200-foot buffer between the land
application area and a 'residence not owned by the permittee is a violation of ihe;
CAWMP and permit "condition U.20.
3) Animal waste; was, applied within 60 feet of:a well located at New Home Methodist Church
on Smithtown. Road and within 90 feet of a well located at a residence at 3335 Smithtown
Road. Failure to maintain a 100-foot set -back between the application of animal.waste
and a well ism violation of the CAWMP and permit condition I4.
4) Excessive ponding was observed below the uncertified waste structure. and at the entrance to
the application fields within tract 3439 on Smithtown Road. Excessive ponding is a
violation of condition H.S. of the Permit. Application records indicate,, however, that the
overall PAN rate per acre was not exceeded and staff documented that the OIC was trying to
mitigate the odor and ponding neat the residences by tilling -in the waste. Additionally, no
run-off of waste was observed and anew corn crop was to be planted within week.
Corrective Actions:
1) All animal waste must be removed from the uncertified waste structure within 30 days of
receipt of this Notice. Please contact the WSRO to document that animal waste has been
removed prior to filling the, uncertified waste structure hole with soil. As an alternative to
filling, the hole with soil, the structure'may be retro-fitted to meet current NRCS standards
for design and installation.
2) Required. setbacks and buffers MUST be designated or flagged for the fields along
Smithtown Road prior to any future waste application events. Your written response should
detail how youpropose to designate such areas. Please note that it is recommended that
setbacks and buffers be designated or flagged for all receiving fields.
Page 18 of 65

Smitherman-NOI
June 18,2015
Page 3
3) Please respond to this Notice stating how you will ensure that animal waste application rates
shall not result inexcessive ponding in the future.
This office is considering recommending an assessment of civil penalties against you for the above
referencedviolations. If you wish to present an explanation.for the violations cited, or if you believe
there are other, factors: which should be considered; please send such information to me in writing
within thirty (30) days,following receipt of this.letter. AU information w l'be reviewed, and if an
enforcement action is still deemed appropriate; your explanation will be forwarded to the'Director
with the enforceraint,package for consideration. Any written response(s)'should be sent to my
attention at the address shown on the letterhead.
Be advised that NC General Statutes provide forpenalties of up to $25,000 per day per violation as
well as criminal, penalties for violations, of state environmental laws and regulations. If you have
questions c. onceming.this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,
W. Corey'Basinger
Regional' Supervisor
Water Quality Regional Operations Section
Division of Water. Resources
Attachment
cc: NCDENR-DWR Animal Feeding Operations Program
��' 'plate ltems'1,j$endw7 AlapYcomplete^.
,Ita 4 M,�Restrlcted;Dellvery
Ia desired
' ❑ Agent
P t:youri namefenCfatldrasa''orkthey"revafae`t
,
; d' ` ;,: ,r ' O`Aatlreas'ee '
sO,thet we can-re`tum the card,;o'you
tr•Attacfi this oard�o'the bank of,ttie mailpleoe,: •.
,
B Reeelved by (Prinfed Name)
< < �s•.. '..
C Data of�Dellvery,
_ ..
or oh�the front it space
r , knx
rNticle Addreeaed to: '
D. 1. delivery eiitlnsee'maerentfioni aein l? nO
.
If YES. enterdelhrery address bedew... OiNo
Mr. Tirm" Smitherman
Shady Grove. Dairy
q
1040 Hopt Owl Hollow
r ;
East NC 27018
�e "., .•
a — 1YP
eNaed Mall' :O Fxpreee an
,.
i r OiRegletered� sO�Retum R IptrorMmchenrllae+
t7.lneured'Mep -❑COD
" tt••`-'' 0 H
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�4. ,Reetdot`ed DelNeryl (Exae Feej`` '
j
7009 2250 0004 108=3
J
6340
Page 19 of 65
n38i1; February12004 tt' `' pommuo RWm Recelpt _ . , &

Garoma, Miressa
From:
Rosebrock, Melissa
Sent:
Thursday, November 12, 2015 4:39 PM
To:
Maurice Smitherman
Cc:
Basinger, Corey; Knight, Sherri; Garoma, Miressa; Joshi,l.R:
Subject:
Call from Tim Re; Use of Uncertified "satellite" Waste Structures
Maurice,
I am following up with you since I do not have an email for Tim. I have spoken with Tim today but this is to
remind Shady Grove Dairy, in writing, that the three uncertified waste structures are not to be used for animal
waste storage until they have been retrofitted and certified to meet NRCS,standards.
Tim reported'that the small waste pond nearest the milk parlor has only 10 inches of freeboard but the other
certified structures have 4 feet of freeboard. I understand that Tim is concemed,about getting through the winter
with enough waste storage, but the waste "must.be managed and applied whenever weather and soil conditions
allow and not hauled to the uncertified waste structures. This, may mean that waste is hauled every few days
rather than saved and applied -all in one week or so. Once you transfer waste from the smallest waste structure to
a larger one, then you will be in compliance... which is the goal. Is there some hay or grass land that would be
better than small gain on wliich'to apply?,
I already discussed with Tim the need to have managed (emptied) waste from all the certified structures earlier
this Fall in preparation for the winter. He,said that all :but one structure was emptied. Obviously, having them
ALL emptied would have helped.
As soon as,the designs for the, uncertified waste structures are received by our office, we will review them as
quickly as possible, then you may work with your engineer on the construction that will bring them into
compliance and then may be used. A'. reminder that one civil penalty for using the uncertified waste structure
discovered in June is pending in.Raleigh and another from the other two discovered in September is possible.
I cannot give Shady Grove Dairy permission to violate the law. If there are any other alternatives that you want
us to consider, please contact me or our office and we would be glad to discuss them with you.
Sincerely,
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
rhelissa.rosebrock(a ncdenr:oov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem. NC 27105
Page 20 of 65

Rosebrock, Melissa
From:
Maurice Smitherman <mssmitherman@yadtel:net>
Sent
Monday; July 13, 2015-10:09 PM
To:
Rosebrock, Melissa
Subject:
Violations
Ms. Rosebrock,
I am writing you'in referenceto the recent vioiations!against Shady Grove Partners. Regarding the uncertified waste
structure on tract 3439 owned by Shady Grove Partners, the storage pond was built in 2012 due to above average
rainfall. The structure was not intended to hold waste forlong periods of time. The pond was basically used like a frac
tank. In addition, the.use of this system helps prevent compaction of the soil due to the heavy weight of the waste
spreading trucks. The uncertified waste structure has been completely cleaned out. Greg Goins has been contacted and
has agreed to assist Shady Grove Dairy in the proper steps to make the waste:structure, meet NRSC standards.
Also, regarding the violation of waste,application too close to residences and structures, Shady Grove Dairy has
purchased a range finder. The_range finder will be used to assess the accurate distance of 200feet of a residence and
100'feet of a well and the application of waste. We will use flags to mark appropriate distance as well.
In regards to the excessive. ponding of the waste, we have educated the employees of Shady Grove Dairy to the
importance of avoiding this in the.future.
Sincerely,
Maurice Smitherman
Sent from my iP.ad
Page 21 of 65

Assessment Factors
August 24, 2015
Violator: Timothy A. Smitherman—Shady Grove Dairy
Owner: Timothy A. Smitherman
Region: Winston-Salem:
1. The degree and extent of harm to the natural resources of the State, to public health or to
private property:
There is no evidence of harm to the natural.resources of the state or to public health. To date,
there have been no well,samples taken on the adjoining properties on Smithtown Road (i.e.
Wells within.the 106,foot setback) to determine harm to private property.
I The duration and gravity of the violations:.
Per the OIC, the uncertified waste structure has been in use since2012. The permittee has had at
least three announced inspections since 2012 at which there was the opportunity to discuss the
use of additional waste —storage —structures.
3. The effect on ground or surface water quantity or quality or on air quality:
To date; there is no evidence of a detrimental,impact upon.ground or surface water quality. The
air quality was impacted, however, for those neighbors with residences located within 200 feet
of the application area. Neighbors with mailboxes.located near the area where waste was
ponded, were also affected. The complainant stated that they had to walk in manure to get to
their mailbox.
4. The cost of rectifying the damage:
It would cost about$2;880-$3040 to fill the uncertified structure hole with soil (16 hours x
$100/hr for a trackhoe and $80490/hr for a loader). If the permittee were to retro-fit the
structure and bring it up to NRCS standards it would cost at least $20,000.
5. The -amount of money saved bynoncompliance:,
The violator did not save any money by non-compliance. In fact, it cost Mr: Smitherman several
hundred/thousand dollars to install the: 1) concrete drop box into which the animal waste was
off-loaded, 2) underground pipe to coiivey'the waste to the uncertified waste structure; and 3)
construction of the uncertified waste structure. The uncertified structure measures
147'k147'x132' in diameter and is 8-10 feet deep with a 3-4 foot dam on one side. Mr.
Smitherman also spent extra fuel by moving the waste from a certified structure on the farm to
the uncertified structure prior to land application.
There was no money saved by failing to abide by well and residence setbacks. Additionally, no
money was saved by excessive ponding. .
Page 22 of 65

Assessment Factors - Smitherman.
August 24, 2015
Page 2
6: Whether the violation was committed willfully or intentionally:
The WSRO believes that Shady Grove Dairy intentionally chose, to construct and use the
uncertified waste structure described in the NOV/NOI. The violator had three years after
constiuction to bring it to NRCS standards. Atno point during the 2012-2015 compliance
inspectionsZd the owner or OIC •mention to'\VSRO staff thaba new waste structure had' been
constructed or their desire to bring.it up to NRCS standards.
T The prior record of the violator in complying or failing to comply with programs over
which the Environmental'Management Commission has regulatory authority:
January 2660 —NOV for failing to have markers installed in any of the waste structures,
maintaining a waste structure not in the WUP, and runoff of waste (feed/silage) in the stream.
November 2001—NOV,for,failing'to record,aPAN `balance on fields receiving waste and
applying waste -on a field not in the WUP.
February2003 - Civil Penalty (including costs) of $1648:85 for failing, to maintain the liquid
level in the lagoon.at the level specified in'the CAWMP. Of this amount, $300 was remitted by
Alan Klimek in July. 2003.
August 2003 —Following an Operation. Review, a, referral was made to WSRO and an
NOV/NOI,issued for failure to maintain waste levels below the maximum and failure to:,install
a -marker, keep the dam mowed, update the CAWMP as required, and perform soil tests. After
responding to a request for information and completiomof POA (plan of action), enforcement
was not pursued and remained as amNOV. 2003 was "the year" of historically high freeboard.
November 2006 —Following an Operation,Review, a.referral was made to WSRO and an
NOV/NOI wasissued for failing to maintain waste levels below the,maximum, failure to notify,
of high freeboard, and failure to monitor and record weekly waste levels. After permittee
addressed issues and removed sand from waste pond, the violation was left as an NOV.
8. The costs to. the State of the enforcement procedures.
Investigator — I hours field,time and 24 hours enforcement time $ 805.75'
Corey Basinger - 1 hourfor enforcementreview$ 48.35
Administrative Costs $ 100.00
Total Cost $ 954A0
9. Type of Violator:
Timothy A. Smitherman owns and operates Shady Grove Dairy.
A. Violator's degree of cooperation (including efforts to restore) or recalcitrance:;
Both Maurice (OIC) and Timothy Smitherman (owner) have been very cooperative. Within a
few hours.of being notified of the land:application setback complaint, Maurice Smitherman
Page 23 of 65

Assessment Factors — Smitherman
August 24, 2015'
Page 3
tilled -in the cattle waste to lessen the odor and the physical impact of the manure. On June 4,
2015 the DWR-WSRO also requested a copy of the application records.for tract 3439 and our
office received these within four business days. When he was ask about the use of a "hole to
store waste" the OIC readily admitted that they had been using the uncertified waste structure as
a means to control freeboard levels when the soil was too wet to apply waste. Shady Grove
Dairy also removed.and land applied waste from the uncertified structure on tract 3439 (PIN#
593004541049) within 30 days as requested.
11. Mitigating factors:
The soil conditions were unusually Wet in the spring of 2012, perhaps motivating Shady Grove
Dairy to construct a new waste structure.
12, Assessment factors:
A. IWC ---- NA
B. Receiving Stream ----- NA.
C..S00JOC---------- NA
D. ,Copy of MP Screen ----- NA
E, Copy of Limits Page ---- NA
F. Damage ------ NA
Certification:
I certify that the information'.in this report is true to the best of my knowledge.
' (Date) Princioallfivestigator
Page 24 of 65

{ � r
M Division of Water Resources _
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 990012 Facility Status: Active:
Inpsection Typo: Compliance Inspection
Reason for Visit Complaint
Date of Visit: 09/02/2015' EntryTime: 12:45 pm Exit Time
Farm Name: Shady Grove Dairy
Owner: Tim A Smitherman
Parmltf AWC990012 ❑ Denied Access
Inecthie Or Closed Date:
County: Yadkin Region; Winston-Salem
2:15 pm Incident t
Owner Emalt
Phone:[phone]
Mailing Address: 1040. Hoot,Owl Hollow East Bend NC 27018
Physical Address; 4408 Shady Grave Church Rd East Bend NC27018
Facihty.'Statusr.. ❑'Compliant! Not Compliant Integrator:
Location of Farm: Latitude: 36' 13' 5V Longitude; 80° 31'93"
US Hwy 421 nodes to Baltimore Rd. exit.. Left at top of camp (north). Right onto. Forbush/Cornelius Rd. Left onto Baltimore Rd, Leff
onto Flint Hill Rd left onto NC Hwy. 67 Right onto Fairground Rd. Right onto. Shady Grove Road. Farm is on left.
peastioo Areas:
Dischrge & Stream Impacts Waate'Col, Stor,.& Treat Waste Application
Other Issues .
Certified Operator: 'Maurice W Smitherman - OperatorCertification Number: 21958
Secondary OIC(s)i
On -Site Reprosentative(s): Name Title Phone
24.hour contact name Tim Smitherman Phone:
On -site representative Tim Smitherman Phone:,
Primary Inspector: Melissa Rosebrodi
Inspector Signature:
Secondary Inspector(e):
Inspection Summary:
Phone:
Date:
page: 1
Page 25 of 65

Permit AWC990012 Owner -Facility: Tim A Smitherman Facility Number. 990012
Inspection Date: 09/02/15 Inpsecion Type: Compliance Inspection Reason for Visit: Complaint
lahrough 3. Today's,visit was to investigates complaint received by our officealleging that two additional uncertified waste
structures were being operated by Shady Grove Dairy (Butner Mill Road and Gypsie Road). These are in addition to the previous
one reported and investigated in June2015.. No discharges Were observed from either of the uncertified waste structures
investigatedtoday. The actual dairyand surrounding fields were not'part oftoday's inspection and all questions marked"NE' or
"not evaluated" refer to the dairy and immediate vicinity.
6. Two additional uncertified waste' structures arein use by Shady Grove Dairy, One Is located off Butner. Mill. Road and the other
off GypsieRoad.. Both are located In Yadkin County and were constructed in2012, A geologist Is reportedl,yy to visit sites within two
weeks to begin certification process. C .e Q/'5 A5 5 Z`ix .
\b 5 a�'
Butner MITI Road - Waste is off-loaded into a concrete catch b is fr8nsferred to waste structure via underground pipe.
Dam is atJeast201ee1 high,.and encompassesapproximatel 0.36 a es In surfacearea. Structure is about 10 feet deep. Very
little waste (-1 foot) was in the. bottom of the structure. No'ew surface discharge or run-off. Structure is several hundred
feet uphill of any surface water. y 5 �k.
Gypsie,Road -Waste is of( loaded into a concrete catch basin and eonv the uncertified waste structure viva 489 foot
51
(approx.) underground pipe. The surface area of the structure Is about .46 a a with a dam height of at least 20 feet. Structure is
about 10 foot deep. About 1-2 feet of manure was: observed in the botlo. ere is a 300 foot grassed/vegetated buffer between
the dam and any surface water. No evidence of previous waste discharge or surface run-off.
9..Additional feedlot was discovered today in.a'field off Butner Mill Road, The lot was denuded. These: additional. cattle (approx. 20
heifers) need to be counted In the stocking recordsand listed in the: CAWMP...
12.. Receiving crops are small grain,. corn silage,. and triticale.
16. Evidence and confirmation of dragline system used for waste application was documented near both uncertified waste
structures. A dragline system is not mentioned in the CAWMP as an approved method of waste application. The WSRO is not
necessarily opposed to the use of this type of system, but it (hydrants, hose, pump, emergency cut-off, etc.) needs to be certified
by a technical specialist and/or engineer.
32. Several tons of waste were observed in the field at the Butner Mill Rd. site. Stockpiled waste was at least 10 feet high with
evidence of leachate. No water quality conoems due lo.run-off however the ground water not sampled today. This solid animal
waste needs to be applied immediately:
34.. WSROlstaff will need; to check on progress: towardcorrecting violations'. noted' above.
page: 2
Page 26 of 65

Permit: AWC990012 Owner -Facility: Tm A Smitherman Facility Number: 990012
inspection Date: 09/02/15 Inpsection Type: Compliance Inspection .Reason for Visit:. Complaint
Olefgnated Observed
Type. Identifier Closed Date Start Date Freeboard Freaboard
Waste Pit
OLD ROOFED PIT
12131/03
9.60
Waste Pond
MATERNITY WSP
18.06
Waste Pond
NEW LOWER #4
27.60
Waste Pond
NEW UPPER #3
27.60
Waste Pond
OLD#1
27.60O
Waste Pond
0LD #2
24.00
page: 3
Page 27 of 65

Permit: AWC990012 Owner -.Facility: TImA.Smitherman FacilityNumber 990012
Inspection Date: 09/02/15 Ihpsection Type: Compliance Inspection Reason for Visit: Complaint
Discharges & Stream Impacts
Yee No No No
1. Isany discharge observed from any part of the operation?
❑
❑
❑
Discharge. originated at
Structure
❑
Application Field
❑
Other
❑
P. Was conveyance man-made?
❑
❑ ❑
❑
b. Did discharge reach Waters,of the State? (ifyes, notify DWO)
❑
❑ ❑
❑.
c.. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWO)
❑
❑ ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
❑
❑.
3. Were there any observable adverseimpacts or potential adverse impacts to Waters of the
Cl
0 ❑
❑
State other than from a discharge?
Waste Collection: Storage &Treatment
Yee No N. No
4, Is storage capacity less than;adequate?
❑
❑ ❑
If yes, is waste level Into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.eJ large
❑
❑ Cl
a
trees, severe erosion, seepage, etc.)?
B., Are, there structures on -site that are not property addressed and/or managed through -a
❑ ❑
❑
waste management'or closure plan?
T Doany of the structuresneed maintenance or improvement?
❑
❑ ❑
6. Do any of the structures lack adequate markers as required by the permit? (Not. applicable
❑
❑ ❑
M
to roofed pits, dry stacks and/or wet stacks)
9. Doesany part of the waste: management system other than the waste structuresrequire
0
❑ ❑
❑
maintenance or improvement?
Waste Application
Yee No Na Me
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑ ,
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ MCI ❑
If yes, check the appropriate'box,below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PANT
❑
Is PAN > 10%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manurelsludge into bare.soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?'
❑
Application outside of application area?
❑
page: 4
Page 28 of 65

Penult: AWC990012 Owner - Facility : Tim A Smitherman Facility Number: 990012
Inspection Date: 09l02115 Inpsection Type: Compliance Inspection Reason for Visit:. Complaint
Waste Application
Yes No No No
Crop Type 1
Cad (siiegei
Crop Type 2
Smell Grain (Wheal, Barley,
oatj
Crop Type 3
Crop Type 4
Crop Type 5'
Crop Type
Soil Type1,
Soil Type 2
Soil Type 3
Soil Type 4:
Soil Type 5
Soil Type 6
14. Do the receiving crops:differ from those designatedin the Certified Anlmal.Waste
❑
❑
❑
Management Plan(CAWMP)7 "
15. Does the receiving drop and/or land application site need improvement?
❑
❑.
❑
16. Did the facility failjo secure and/or operate per the: irrigation, design or wettable acre
E
❑ ❑
❑.
determination?
17. Does the facility lack adequate.acreage for land application?
❑
E ❑
El
I& Is there a lack of properly operating, waste application equipment?
❑
❑
❑
Other Issues'
yss' No Na No
28: Didthe facility fail to properly dispose of dead animals within 24 hoursand/or document
❑
❑ ❑
and report mortality rates thatexceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? ifyes;l
❑
❑ ❑
contact wregional Air Quality representativedrnmediately.
30. Did the facility fail,to notify regional DWQ of emergency situations as requiredby Permit?
❑
❑ ❑
(i:e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the'facility?
Cl
11110
If yes, check the appropriate box below.
Application Field
❑
Lagoon /Storage'Pond.
❑,
Other'
❑
If Other„please specify "
32:. Wereany additional problems noted which.causenon-complianceof the Permit or
❑ ❑
❑
CAMP*?
33. Did the Reviewer/Inspector fail to discuss reviewlnspection with on -site representative?
❑
N ❑
❑
34. Does the facility require a follow' -up visit by same agency?
E
❑ ❑
❑
page: 5
Page 29 of 65

c
Location of June 2015 complaint investigation
Gypsie Road Site
The unpermitted waste structure located off Gypsie Road is one of two discovered
during our.September 2015 complaint investigation. The other is located off Butner
Mill Road and is described in later photos.
Note that tthe unpermitted. waste structure located off Gypsie.Road site is
approximately 1.37 miles from another unpermitted structure discovered during a
June 2015 (PC72015-0028) Timothy A. Smitherman/Shady Grove Dairy complaint
investigation. The permittee did not mention the two current unpermitted waste
structures during the June.2015• nvestigation.
All photos were taken on September 2, 2015. Yadkin County GIS aerial photos are
from 2014.
Page 1- Smitherman
Page 30 of 65

�.. � ♦ \1 �<s e1
a nr
- � c � ,ram r � � + M\. y- „ y~�* �'. ` t ` � i I� � r }� � s -.�� � -•

Per Timothy A. Smitherman; the.
unpermitted waste structure
located off Gypsie Road in Yadkin
County was constructed in:2012.
Property is owned by Shady Grove
Partners LLC (PIN 594000362982).
Pipe in photo is used to land apply
animal waste using a dragline
system at the Gypsie Road -site.
S
It
sill
The unpermitted4w sa to structure at the Gypsie
Road locati s approximately 81' X 368"X
147' with 4 acres of:surface area. The
structure is about 10 feet deep and contained
1-2 feet of manure on the date:of our
investigation.
Page 3- Smitherman
Page 32 of 65 ,

ar�w
The un permitted. animalwaste.structure in afield off Gypsie
Road has_a dam height of at least 20 feet.
Page 4 - smitherman
Page 33 of 65

Butner Mill Road Site
Waste is.off-loaded into a concrete.
catch basin and transferred to the
Unpermitted waste structure via an
underground PVC pipe. Note plume of
waste:enteririg unpermitted structure
which was constructed in 2012. The
uncalibrated dragline system is in use in
the top portion of the photo. Property
is owned by Timothy A. Smitherman.
Page 5 - Smitheman
Page 34 of 65

.Close-up of concrete catch basin where animal waste is off-
loaded from a tanker truck into an in -ground tank. Waste is
then conveyed via an underground plastic pipe into the
unpermitted animal waste structure located off Butner Mill
Road.
Page 6 - Smitherman
Page 35 of 65

G.J
Note Winston-Salem Regional Office staff standing on dam of
unpermitted animal waste structure in middle of corn field
located off Butner Mill Road. Dam is'atleast 20 feet tall and.is
overgrown with weedy but non -permanent vegetation.
The unpermitted animal waste structure•at the Butner Mill Road location \p o� 0^
is approximately 78'x123'x165' and encompasses approximately � ')' �
acres of surface area. The structure is about 10 feet deep and contained �S
one foot of waste on the date of our investigation.
Dam
Page 7-Smhheanan
Page 36 of 65

,
n
s,
i
Y
a`
'
at

Close-up of animal waste application at Butner Mill Road site using dragline system that is not in Certified. Animal
Waste Management Plan (CAWMP) and was not calibrated prior to use. Photo is from Yadkin County GIs dated
2014
Page 9 - Smitherman
Page 38 of 65

North Carolina Department of Environmental Quality
Pat McCrory
Governor
September 21, 2015
=MD MAIL4701+"1710000219
RETURN RECEIPT REQUESTED
Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend;.NC 27018
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Conditions Violati6ns'#NOV-2015-PC-0250
Certificate of Coverage #AWC990012
Yadkin County
Dear Mr. Smitherman:
Donald van der Vaart
Secretary,
RECENEfNNC=-QJT)WR
JAN 1$ 2016.
Water Quality
Reglo9el Operations Section
On September 2, 2015 staff of the Division of Water Resources' Winston-Salem Regional Office
(DWR-WSRO) investigated a compiaint.alleging that Shady Grove Dairy had built and was using
two uncertified waste structures. These are in addition to the previous unpermitted.'waste structure
discovered in a June 2015 complaint investigation. The following violations and concerns are
described below.,A,final copy of the September inspection report is also attached for your review.
Violations
1., During the;September 2,2015 investigation;.DWR-WSRO staff persons Melissa Rosebrock and
Michael Shepherd documented the presence of two uncertified waste structures constructed and
being maintained by Shady Grove Dairy.. One structure is located off Butner Mill Road
(PIN#586900569530) and the other off Gypsie Road (PIN#594000362982). Both, structures are
in.Yadkin "County and were reportedly constructed in 2012.,
Regarding the Butner Mill Road waste structure - Animal waste is off. -loaded into a concrete
catchbasin and.Js transferred to the waste structure via an underground pipe. -The dam. of this
uncertified structure is at least, 20 feet high and encompasses approximately 0.36 acres in
surface area: The dimensions are approxirriately 78'kl23'xl65'. This structure is about 10 feet
deep and on the date of our investigation, containedabout a foot of waste in the bottom.
Concerning the Gypsie: Road animal waste structure - Waste is again offaoaded into a concrete
catch basin and conveyed to the uncertified structure via a 489 foot (approximately)
underground pipe. The surface area of thewaste structure is about'0.46 acres with adam height
of at least feet. This structure is' about 10.foot deep and contains 1-2 feet of manure. The
450 West,Hanes MIN Road, Suite 300, Wlnston-Salem;:NC 27105,
Phone: [phone] \•Internet: wwvr.ncvvaterguallN orz page 39 of 65
Are Equal Opportunity,\Affirmative Action' Employer- MadelIn part by recycled paper

Smithenmm-NOI
September 21, 2015
Page 2
uncertified structures located off Butner Mill, and Gypsie, "Roads fail to meet. NRCS
.standards and are.therefore in violation of the Certified'Animal Waste Management Plan
(CAWMP) and condition I.3. of the Cattle Waste Management. System General Permit.
Failure to properly operate and maintain the waste collection, treatment, and storage
facilities is also a violationof condition 11.1. of the Permit.
2. There is evidence and confirmation of a dragline system being used for animal waste application
near both uncertifiedwaste structures. The dragline system is not detailed in Shady Grove
Dairy's CAWMP as an approved method of waste application and there is no record of field
calibration. Failure to make required "major changes" to the CAWMP is a violation of
permit condition I.3. while the failure to test and calibrate all waste application equipment
is a violation.of condition II.24:
Additional Concerns
1. Several tons of cattle waste was observed in the field at the Butner Mill Road site. The
stockpiled waste was at least 10 feet high with evidence of leachate flowing from the stockpile.
There;were no surface water quality concerns,due to run-off however.
2. A feedlot was, discovered in a denuded lot off Butner Mill Road. The additional cattle
(approximately 20 heifers) should be counted in the stocking records and listed in the CAWMP.
Corrective Actions:
All animal waste must be removed from the uncertified waste structures described in this Notice
within thirty (30) days. Per discussions with Ms. Rosebrock on September 2, 2015, it is our
expectation that you have already begun removal of the waste. A record of all. applications made
with waste from the two uncertified structures must be recorded' on ]RR-1 and IRR-2 forms and
the. plant available nitrogen (PAN) balance calculated for each crop and field. A copy of the
2015 records must be submitted to the WSRO within thirty (30) days of receipt of this Notice,
along with a description of your plans and progress towards retro-fitting and bringing the
structures up to NRCS standards.
2. If Shady Grove Dairy intends to continueusing,the dragline system, it must be properly certified
by a technical specialist and/or engineer. Your written response should also include a detailed
description of the waste application system(s) you intend to use at both the Butner Mill and
Gypsie.Road sites (hydrants, hose, pump, emergency cut-off, etc.).
3. The dragline application system must be calibrated and the data sheet submitted to the WSRO
within thirty (30) days. A. copy of the "Field Calibration Procedures for Hose -Drag Wastewater
Equipment" is attached for your use.
4. Stockpiled waste at the Butner Mill Road site must be applied immediately and applications
recorded on SOLID-1 and SOLID-2 forms. The plant available nitrogen (PAN) balance must,
also be, calculated for each field receiving the waste.
Page 40 of 65

•• .
Smithermaa-NOI
September 21, 2015
Page,
This office is considering recommending a civil penalty .assessment for the above referenced
violations. If you wish to present an explanation for the violations cited, or if you believe there are
other factors which should be considered; please send such information to me in writing within
thirty (30) days following receipt of this letter. All information will be reviewed, and if
enforcement action is still deemed appropriate, your explanation will be forwarded to the ,Director
with the enforcement package for consideration. Any written response(s) should be sent to my
attention, at the address shown on the'letterhead.
Be,advised that NC General Statutes providefor penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state, environmental laws and regulations. If you have
questions concerning this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,.
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division -of Water Resources
Attachment,
cc: NCDENR-DWR Animal Feeding Operations Program
Yadkin County SWCD/NRCS
WSROYacility Files
i Mr. Timothy A. Smltherman
i Shady Grove Dairy
1040 Hoot Owl Hollow
t East Bend, NC 27018
yF
j 7013. 171❑ 0002 1922 2644 9 . y/_ i 7'PAJAlhlQ

Zimbra Page 2 of 2
From : Maurice Smltherman . Sun' -,,Oct 18;'2015 03 32 PM
<[e-mail]> N.C. RECEIVE
EIIPt c ENa
SubOCT
ject : Manure waste +•
f. 2 3' 2055
To Shonda>Smitherman uwMsronl q�E�
<[e-mail]> REClowoa oFFlce
This letter is in response.to the uncertified waste
structures located off Butner Mill and Gypsie Road in East Bend,
North Carolina. The structures were not used as storage
structures. The sites were used as a frac tank to apply manure
through a dragline system. These sites were used coming out of.
winter months to apply on small grains. The reason being, to
,prevent soil compactions which are a major cause of yield loss
here in the Piedmont. None of the manure from the above listed
sites has reached a nearby stream or creek. Nor'has there been
any manure overflow from Shady Grove Dairy.
The stockpile of cattle waste at the Butner Mill location
that was observed has been spread. The site and field has now
been sown in small grains. The "feedlot" that was observed is:a
catch pen. Occasionally during winter months, hay is fed there.
The dairy heifers at this location are Handled several times
during there stay here of approximately 16 months:in a pasture.
This methodology of having a place to catch heifers is a common
practice all across America. A feedlot would require a much
larger area.
The dragline system has a flow meter and an emergency cut
off valve. The gallons were totaled for the field and divided
by acreage..
Shady Grove. Dairy is working closely with Sam Bingham on
getting -the 'above listedsites to meet NRCS standards. Soil has
been tested and surveys taken. However, due to a recent 7
inches of rain, the process has taken longer than anticipated.
Finally, after many failed' attempts in the past and after Sam
Bingham' made contact with the office, the NRCS office located in
Yadkinville has, agreed to assist Shady Grove'Dairy in getting
the (CAWMP)' up to date,
Sincerely,
Maurice Smitherman/Shady Grove Dairy
Sent from my iPad
JAN 13 20%
Water Quality
Reglonal opemdons gecdon
Page 42 of 65
httpsJ/login.yadt6l.netl/printmessagelid=r-:7346&tzAmerica/New York 10/19/2013

Assessment Factors
January 7, 2016
Violator: Timothy A. Smitherman — Shady Grove Dairy Inc.
Owner: Timothy A. Smitherman
Region: Winston-Salem
Case Number: PC-2015-0047
1. The degree and extent of harm to the natural resources of the State, to public health or to
private property:
There is no evidence of harm to the natural resources of the,state, or to public health or private
property.
2. The duration and gravity of thewiolations:
Per Mr. Smitherman, the uncertified waste structures have been in use since 2012. The permittee
has had at leasf three announced inspections since 2012 at which time there was the opportunity
to discuss the use of, and proper certification of, the additional.off-site waste storage structures.
3. The effect on ground or surface water quantity or quality*or on air quality:
To date, there is no evidence of detrimental impact upon ground or surface. water quality.
4. The cost.of'rectifying the damage:
It wouldcost about $6,000,to fill the uncertified structure holes with soil.(16 hours x $100/hr for
a,.trackhoe and $80490/hr for a loader). If the,permittee'were to retro-fit the structures and bring
them up to NRCS standards it wouldcost at least $40,000 per structure.
5. The aniount of money saved by noncompliance:
The violator did not save any money by non-cornpliance:.In fact, itcost Mr. Smitherman several,
hundred/thousand dollars to install the: 1) concrete drop boxes into which the animal waste is
off-loaded, 2) underground pipes to convey the, waste to the, uncertified waste structures; 3)
construction of the uncertified waste structures; and 4) installation of the hydrants for the
dragline system at each of thetwo uncertified waste structures. Mr. Smitherman also spent extra
fuel by moving the waste from a certified structure on the farm to the uncertified structure prior
to land application.
6. Whether the violation was committed willfully or _intentionally:
The WSRO believes that Shady Grove Dairy willf tlly'and' intentionally, chose to. construct and
use the uncertified waste structures described in the NOV/NOI. The violator had three years
after construction to bring them up to NRCS standards. At no point during the 2012-201 S
compliance; inspections did the owner or OIC'mention to DWR-WSRO staff that new waste
structures had been, constructed or their desire: to bring them,up to NRCS standards, While
investigating the use of the first unpermitted waste structure in June'2015 DWR-WSRO (PC-
2015-0028).DWR-WSRO.staffspecifically ask the OIC if there 'was anything else we needed to
know' and the OIC replied "no. "
Page 43 of 65

, 4,
Assessment Factors — Smitherman - PC-2015-0047
January 7, 2016
Page 2
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
January2000 — NOV for failing to have markers installed in any of the waste structures,
maintaining a.waste stiucture•not in the WUP, and runoff of waste. (feed/silage) in the stream.
November 2001— NOV` for failing to record a PAN balance on fields.receiving waste and
applying waste on a field not in the. WUP.
February 2003 — Civil Penalty. (including costs) of $1,648.85 for failing to maintain the liquid
level 'in'the lagoon at the level specified in the CAWMP. Of this amount, $360 was remitted by
Alan 10mek in July 2003.
August 2003 —.Following an Operation Review, a referral was made to WSRO and an
NOV/NOI issued for failure to maintain waste levels below the maximum and failure to: install
a marker, keep, the dam:mowed, update the CAWMP as required, and perform soil tests. After
responding to a request for information and completion of POA (plan, of action), enforcement
was not pursued and remained as, °an NOV. 2003 was "the year" of historically high freeboard.
November 2006 - Following an Operation Review; a referral was made to WSRO and an
NOV/NOI was issued for.failing to maintain waste levels below the:maximum,.failure to notify
of high freeboard, and failure to -monitor and record weekly waste levels. After permittee
addressed issues and removed sand from waste pond, the violation was leftas an NOV.
June 2015 — Pending civil penalty under review by DWR Central Office (PC-2015-0028) for
operating an'unpermitted waste structure, failing to maintain buffer strips, and applying waste
too close to. a well. Package was sent to Raleigh for assessment on August 25, 2015.
8. The costs to the State of the enforcement procedures.
Investigator- 2 hours field time and 30 hours enforcement time $1,127.36
Sherri V. Knight - 1 hour for enforcement review $ 45.22
Mileage - 42 miles @ '0.49 20.58
Total,Cost
9. Type of Violator:
Timothy A. Smitherman owns and operates Shady Grove Dairy Inc.
10. Violator's degree of cooperation (including efforts to restore).or recalcitrance:
Both Maurice (OIC) and Timothy Smitherman (owner) have been cooperative and cordial when
questioned. When ask in June.2015 about the use of a "hole to store waste" both Maurice and
Tim readily admitted that ,they had been using the first uncertified waste structure (PC-2015-
Page 44 of 65

Assessment Factors — Smitherman - PC-2015-0047
January 7, 2016
Page 3
0028) as a means to control freeboard levels when the soil was too wet to apply waste' but did
not mention the second and, third ones found. in September 2015 as described in this F&D
(PC-2015-0047). All requested: documents were supplied to WSRO in a timely manner by the.
permittee. Mr. Smitherman promptly contacted a professional engineer to begin the retro-fit or
certification process for the most recent two structures the day after our,September 2015
investigation.
11. Mitigating factors:
The soil conditions were unusually"wet in the spring of2012,'perhaps motivating Shady Grove
Dairy to construct additional waste structures. The farm has a history of non -compliant waste
levels in their certified structures, and the Regional Office believes the permittee constructed
these waste structures as an attempt to help manage the animal waste produced by,Shady Grove
Dairy, Inc.
12. Assessment factors:
A. IWC ---- NA
B. Receiving Stream ----- NA
C. SOCUOC—------- NA
D. Copy of NT Screen ----- NA
E. Copy of Limits Page ---- NA
F. Damage ------ NA
'Certification:.
I certify that the information in this report is true to the best of my knowledge.
01 �0-1 / 0, o:l 6 `'lit �i4
(Date) Principal Investigator
Page 45 of 65

Water Resources
_.
8N V IRONMENT0.1. OUAIITT
January 27, 2016
CERTIFIED MAIL -#7014 1200 0001 3432 6041
RETUR,VRECEIPT REQUESTED
Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend,.North Carolina27018
Dear Mr. Smitherman:
PAT MCCRORY
Gmenwr
DONALD R. VAN DER VAART*
seceemn•
S. JAY ZIMMERMAN
SUBJECT:. Assessment of Civil Penalties for Violation(s) of
N.C.General Statute(s) 143-215.1
Farm # 99-0012
Yadkin County
Enforcement File No. PC-2015-0028
O redo,
This letter. transmits notice of a civil penalty assessed against Timothy A. Smitherman in the amount of
$9;000.00, and'$2,247.26 in investigativecosts, for a total of $11,247♦26. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vestedin me by delegation provided by the Secretary of the
Department of Environmental Quality, Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
Within thirty days'of receipt ofthis notice, you must do one of the following:
1. Submit payment ofthe penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
,continuing or new violation(s). Please submit payment to the attention of..
Miressa Gamma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
.Raleigh, North Carolina27699-1636
M
Swe of Not li Carillina I' Envimnmenwl Quality I Water Reso mes
Wamr Quality Regional opentiore Section
1636;Maa'mmice Cemer I Raleigh Nonh Cambia 27699L 1636
919 807 6464 Page 46 of 65

Assessment of civil penalty
Timothy A. Smitherman
Enforcement # PCr2015-0028
Page 2 of 3
2l. Submit a written request for remissionincluding 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 remissionds
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
foreclosesthe 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 ii to the: Division of Water Resources at the address listed below. In determining
whether a remission request will be.approved, thefollowing factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS .143B-282.1(b) were
wrongfully applied,to the, detriment of the violator,,
(2) whether the violator promptly abated continuing environmental _damage resulting from the
violation;
(3) whether the violation was inadvertent or a-resultof 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 remainingnecessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
Writing. The Director of the Division of Water R'esouroes will review your evidence and inform .you
of their 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 Commi'ssion'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
completeand`thorough statement in support of your request for remission,
In order to request remission, you must complete and submit tie, enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and'Stipulationof Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." ;Both,forms should be submitted to the following',
address:
Miressa Garoma,
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center,
Raleigh, North Carolim.27699-1636
OR
3. File a,petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached, assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
Page 47 of 65

Assessment of civil penalty
Timothy A. Smitherman
Enforcement # PC-2015-0028
Page 3 of 3
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 normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00'p.m:, except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an atiached,file; (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is:required by NCGS §15013-23,2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Offrce;of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 2769947i4
Tel: [phone]
Fax: [phone]
One (1) copy of the petition trust also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this, notice, as evidenced
by an internal dateltime, received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a; civil action,
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
Ton Ri gaard�
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Sherri Knight, Winston-Salem WQROS Regional Supervisor w/ attachments
File'#'EC 2015-0028,,w! attachments
WQROS-Centtal Files w/ attachments
Yadldn County Health Department
Page 48 of 65

STATE OF NORTH CAROLINA'
COUNTY OF YADKIN.'
IN THE MATTER OF'
TIMOTHY A. SMITHERMAN
FOR VIOLATIONS OF CATTLE'WASTE
MANAGEMENT.SYSTEM
GENERAL PERMIT AWG206000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1,
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2015-0028
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES ..
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and
the Direetot. of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the' Water Quality Regional
Operations Sectionof the DWR, make the following;
.FINDINGS OF FACT:
A. Timothy A. Smitherman own and operate Shady Grove Dairy, a permitted cattle operation in
Yadkin County.
B. Timothy A. Smitherman was 'issued Certificate of Coverage AWC990012 by DWR, under
General Permit. AWG200000 for Shady Grove: Dairy on. October 1, 2014, effective upon
issuance„with-an expiration date of September 30, 2019.
C., Condition h3. of the General Penn it,AWG200000 states in part that "The facilities COC and its
CAWMP ace. hereby incorporated by reference into this General Permit. The. CAWMP must be
.consistent with all applica, ble'laws, rules, ordinances, and standards (federal, state and local).in
effect at the time of siting„design and certification of the facility. Any Violation of the,COC or
the CAWMP shall be considered a violation of this,General Permit."
"Major changes"; "revisions", and "amendments" to the CAWMP must be documented, dated,
and included as part of the CAWMP. "Major. changes" and "revisions" to the CAWMP shall be
submitted to'the appropriate Division Regional Office within thirty (30) calendar days of the
"major change" or "revision."
D. Section VII of the General Permit AWG200000 defines "Major changes to the CAWMP as
changes which include, but not limited to, the retrofit of a lagoon, installation of new irrigation
system, and similar type changes. Recertification is required for major changes and must be
approved,by the Division.
E. The COCissued on October 1, 2014 to Shady Grove Dairy states that "Per'NRCS standards.a
100-foot separation. shall be maintained between water supply wells and any lagoon, storage
pond, or any wetted area, of a spray field.
F. On June 4, 2015, DWR staff from, Winston-Salem Regional Office conducted a complaint
investigation of Shady Grove Dairy and, observed, that, an uncertified waste structure was being
Page 49 of 65

used to store animal waste. The uncertified structure is located on land owned by Shady Grove
Partners, LLC (PIN # 5930,04541049). On the date of the investigation, the structure contained
1-2 feet ,of liquid animal waste. Operator in charge (OIC) Maurice Smitherman confirmed that
the uncertified animal waste structure was constructed in 2012 during a period of chronically wet
weather for the purpose of emergency storage of cattle waste, The OIC confirmed that the
structure was used again in the spring of 2015 to avoid potential high freeboard and/or discharge
tta pethation. The certanimal structure fails to meet. State or Federal NRCS standards and is
no and has not been approved by DWR. The uncertified waste structure.is
not beingproperty
CAWMP L operated and maintained.
G: During September 2, 2015 complaint investigation, DWR staff observed that two uncertified'
waste 'structures were being used to store animal waste from Shady Grove Dairy. One of the
uncertifiedstructures is located on property off Butner Mill Road and owned by Timothy A.
Smitherman (PIN# 586900569530). The other is located on eland off Gypsie Road which is
owned by Shady Grove Partners LLC (PIN# 594000362982). Both uncertified structures are in
Yadkin County. On the date of the, investigation, the Butner Mill Road structure contained about
one foot of liquid animal .waste and the Gypsie Road structure contained one to two feet of
manure. Timothy A. Smitherman confirmed that the uncertified animal waste structures were
constructed in 2012 during a period of chronically -wet weather for the purpose of emergency
storage of cattle waste so as to avoid compacting the soils in the application fields. The
unceitifred waste structures have been in use since 2012.
H. The animal waste structures described above are not certified and fail to meet State or Federal.
NRCS standards and were not a part of the CAWMP, permit, or approved by DWR on the dates
of the investigations.
pp y "Animal waste shall not be
L Condition;I. 8. of the General Permit states in part th
at
applied within 100 feet an well with the exception of monitoring wells."
J. Condition,I1.20. of the General Permit AW6200000 states that "The permittee shall maintain
buffer strips or other'equivalent practices as specified in the facility's CAWMP near feedlots,
manure and feeding storage areas and land application areas." The facilities CAWMP states that
"Animal waste shall not be applied closer than 200-feet of dwellings other than those owned by
the landowner?"
K. During June. 4, 2015 investigation DWR staff documented that Shady Grove Dairy applied
animal waste onto tract 3439 and within 135' feet of the residence, and within 90 feet of a well,
both of which.are located across the road at 3335 Smithtown Road (PIN# 59301,2860370). This
residence is not owned by Mr. Smitherman or Shady Grove Dairy LLC and. the well is not a
monitoring well.,DWR staff also observed that animal waste. had been applied onto tract 3439
and, within 60 feet of a well located on an adjacent property (PIN# 593000852954). This well is
not•a monitoring well.
L. Condition 11.5. of the General Permit AWG200000 states that `°In no case shall land application
rates result in excessive ponding_or anyrunoff during any given application event."
M. The application of animal waste resulted in excessive ponding of animal waste below and to the
west of the uncertified waste structure and at the Smithtown Road entrance to application fields'
Iodated in tract 3439.
N; Condition M.N. df the General Permit AWG200000 states that"All waste' application equipment
must be tested and calibrated arleast once every two years. The results must be documented on
forms provided, or'approved "by, the Division"
Page 50 of 65

O. On September 2, 2015 D,WR staff' observedthat a dragline system was being used for the
application of animal waste near both of the uncertified waste structures. On the date of the
investigation, the dragline system was not listed in Shady Grove Dairy's CAWMP as an
approved method of waste application.
P: On September:2, 2015 Shady Grove Dairy had nojecord of calibration for the draglipe waste
application system.
Q. On June 18, 2015,.DWR issued a'Notice of V iolation/Notice of Intent to Enforce (NOV/NOI) to
Timothy^'A. Stritherman for: 1) improperly operating and maintaining an uncertified waste
storage structure in violation of the CAWMP; 2) failing to maintain required buffers and
setbacks from residence and wells; 3) applying' animal waste in a manner .which resulted in
excessive ponding.
R. The NOVINOI was sent by -certified mail and received on June 22, 2015. DWR-WSRO received
a^response from the violator on Julyl3, 2015,.
S. On 'September, 21,.2015, DWR issued a Notice of"Violation/Notice of Intent to .Enforce
(NOV/NOI) to Timothy A.. Smithennan for: 1) improperly operating and maintaining uncertified
.waste storage stictuie in violation of the CAVYW and the,perrait; 2) failing to make major
changes to the CAWMP; and 3) failing to test and calibrate waste, application equipment.
T. TheNOV/NOI was sent by certified mail ,and,receivedby Mr. Smitherman's wife. DWR-WSRO,
received a response from the violator on,October23; 2015.
U. The cost to the State of the enforcement procedures in this matter totaled $954.10.
Based upon the above Findings of Fact, I make the following:
Ii. CONCLUSIONS OF LAW:
A. Timothy A. Smitherman, are "persons" within'the meaning of N.C.G.S. 143-2I5.6A pursuant to
N.C.G:S..143-212(4).
9. Apermit for an animal waste management system is.required by N.C.G.S. 143-215.1.
C'.. The -above -cited failure to make major changes to the CAWMP as required by thepeinut, and
operating uncertified' animal waste structures which fails to meet NRCS standards violated
Condition No., I.3. of the GeneralPermit AWG200000.
D . The above -cited failure to maintain a 100-feet buffer between land application area and wells
that is nota monitoring well violated Condition No. I., 8,, of the General Permit AWG200000.
E. The above -cited.. failure to, maintain a 200-feet buffer between a land application area and a
residence not owned by the pemuttee violated Condition No. II.20 of General Permit
AWG200000:
F. The above -cited application ofaninial waste that caused' excessive ponding violated, Condition
No. IL.5. of the,General Permit.AWG200000. '
G. The abode -cited failure, to calibrate the dragline system prior to using it for the application of
animal waste violated Condition No.'.. 24. of the General Permit AWG200000.
Page 51 of 65

M N.C.G.S. 1437215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to'act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
1. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, .inspection or monitoring survey may be assessed against a person who
violates any regulations, standards; or limitations adopted by the Environmental Management
Commission or violates anyterms'orconditiions of any permit issued pursuant to N.C.G.S..143-
215.1, or special order or other document issued pursuant to N.C:G.S. 143-215.2.
J. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant, to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources, has the authority to assess'civi] penalties,in
this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following;
III: DECISION:
Accordingly, Timothy A. Smitherman; are hereby assessed a civil penalty of..
o�
$ 7 UU for yiolating Condition l3. of General Permit AWG200000 by failing to make
major changes to the CAWMP as required by the permit, and . operating
uncertifiedanimal waste sttuctures which fails to meet NRCS standards.
$ S for violating Condition h8 of General Permit AWG200000 for failure to
maintain a 100-Feet buffer between land application_ area and wells that is.not,a ,
monitoring well.
yY
for violating Condition II:20 of General Permit AWG200000 by failing to
maintain a 200-feet buffer between a land application area and a residence not
owned by -the pernittee.
Y
S fin! for violating Condition II.5 of General Permit AWG200000 for failure to
prevent application of animal waste that caused excessive.ponding.
S for violating Condition II.24 of General Permit AWG200000 for failure, to test
and calibrate waste application equipment prior to using it,
d
$ 2000TOTAL CIVIL PENALTY which is 'percent of the maximum penalty
authorized by N.C.G.S. 143=215.6A.
$ 2247.26 Enforcement costs
$ ��a i{7. 2G TOTAL.AMOUNT DUE
Pursuant.to N.C.G.S. 143' 215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of LaWand the factors set forth at N.C.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, onto
private property resulting from,the violation;
Page 52 of 65

(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 moneysaved 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; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and.investigative costs for any continuing violations occurring
after the assessment period, indicated above. Each day of a continuing violation may beconsidered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed' for ariyother rules and statutes for "which penalties have not.yet been assessed.
V. TRANSMITTAL:
These Findings of Fact,' Conclusions of.Law and Decision shall be transmitted to Timothy A. Smitherman,
in,accordance:with N.C.G.S. 143 21-5.6(A)(d). '
tla7 It&
(Date)
r
OIity Regional Operations Section
of Water Resources
Page 53 of 65

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Timothy A. Smitherman
County:. Yadkin
Case Number: PC-2015-0028
Permit Number: AWC990012
ASSESSMENT FACTORS
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;
There is no evidence of harm to the natural resources of the State or to public health. To date, there -have
been no well.samples taken;on the adjoining properties on Smithtown Road (i.e. wells within the 100feet
setback) to determine:harm to private property.
2) The duration and gravity of the violation;
Per Mr. Smitherman and the 01C, the uncertified waste strwaUw4,4Rs• been in use since 2012. The
permittee has had,at least three announced inspections since 2012 at which.there was the opportunity to
discuss the use o% and proper certification of, the additional waste storage eMuctu.w. 61r•,n{,,,�
3) The effect on ground or surface water quantity or quality or on air quality;
To date; there is no evidence of a detrimental impact upon ground or surface water quality. The air
quality was impacted,, however, for'those neighbors with residence located within 200 feel ofthe
application area. Neighbors with mailboxes located near the area where waste was ponded, were also
affected. The complaint stated that they had to walk; in manure to get to their mailbox:
4) The, cost of rectifying the damage;
It would cost about $60001 to fill the uncertif ed structure hole with soil (16 hours x $1,001hr for a trackhoe
and $804901hr for a loader). If the permittee were to retro-lrt the structure and bring it up to NRCS
standard it would cost.at least $40,000.
5) The amount of money saved by noncompliance;
The violator did not save anv money by non-compliance. In fact, it cost Mr. Smitherman several
hundred/thousand dollars to histall`the; ])concrete drop box into which the animal waste was off-loaded,
])underground pipe to convey the waste to. the uncertified waste structure; and 3)construction of the
uncertified waste structure: and 4) installation of the hydrants for the dragline. system at each of the two
uncertified waste structures. Mr. Smitherman also spent extra fuel by moving the waste from a certified
structure on -the• farm.to the uncertifted structure.prior to land application,
6) Whether the violation was committed willfully or intentionally;
Shady Grove Dairy intentionally chose to construct and use the uncertified waste structure. The violator
had three'years after construction, to bring it up to NRCS standards. At no point during the 2011-2015
compliance: inspection did the owner or 01C mention to WSRO staff that a new waste structure had been
constructed or their desire, to bring it up to NRCS standard. While investigating' the use of the first
discovered unperruitted waste structure in June 2015 WSRO stafspecifically asked the OIC if there 'was
anything else we needed to know' and the OIC replied "no. "
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
February 2003-Civil penalty' of $1648.85forfreeboard violation.
November 2006-NOVINOlforfreeboard violation; failure to notify of high freeboard; and failure to
monitor and record weekly waste levels.
8) The cost to the State of the enforcement procedures.
$2247.26
Date Jon aard
rev 1.0 - 8.31.09
Page 54 of 65

�vvinN ,•onopi craiV.u."W WIrIPO{V.
'item 4lfRestricted Delivery is desired: -
■ Print your name and address onthe"reverse
:im that we can return the catd.to you.
r Attach this card to the beck of;the mallpiece,
or on the front if apace permits:
t. Ait(de Addressed to: .......
Timothy A..Srriitkerman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend North Car I` 27018
r.
�:TJ_ •'.�° B Agent "
D, Is delivery address di ferent from Rom1? ❑ Yes
.If YES; enter delivery address below. ❑ No
C
O lnd i �1 service"rype
I O Certiaed Malle ❑ Priority Mali Express -
❑Registered ❑. Return Recelpt.for Merdrandise
b insured Mall ❑ Collect on Delivery
4. Restricted Delivery? (Exbs Fee) OIYes
2. AtdeNumbe 7014 1200 0001 3432 6042 t
f mpsrer from ssMcs leYw
PS_Foiin3811,.Ju1y Njp ,Domesdo Aeturn Recelpi.,. ..
S(Donjusfic
MWO Only;
ti'
®{���C,1�
USE
m
S
Poetepo
m
.`
CerUeed Fee
E3
Rftm necelpt Fee
tEadoreem rd Required)
Patmark
'Here,
,M
Restricted Delivery Fee
p
(End0M6P ant Requeed)
O
rq
Timothy A. Smitherman
nt 'Shady Grove Dairy
r 3
o
x „ter 1040 Hoot Owl Hollow
M1
"POBox.
SiFuiie East Bend,North Carolina 27018
r
Page 55 of 65

Water Resources
ENVIRONMENTAL QUALITY
February 16, 2016
Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, North Carolina27018
PAT MCCRORY
Governor,
DONALD R. VAN DER VAART
Secretan
S, JAY ZIMMERMAN
SUBJECT: Remission Request
Farm # 99-0012
Yadkin County
File No. PC-2015-0028
Permit No...AWC990012
Dear Mr. Smitherman
Director
This letter is to acknowledge receipt of your request, on February 16, 2016, for remission of the
civil penalty levied against the subject facility. The Director of the Division of Water Resources
Will review your, evidence and inform you of his decision in the -matter of your remission request.
If you have any questions, please call me at [phone].
Sincerely,
Miresoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc:" Sherri Knight, Winston-Salem WQROS Regional Supervisor
Tile # PC-2015-0028
WQROS Central Files,
Slate of North Carolina I. Environmental Quality i Water Resources(Water Quality Regional Operetiogs
1676 Mail service Career I Raleigh, North Carolina 27699.16J6
919 g076464 Page 56 of 65

STATE OF NORTH CAROLINA DEPARTMENT ORENVIRONMENTAL QUALITY
COUNTY OF YADKIN
IN THE MATTER OF ASSESSMENT ) WAIVEROF.RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
TIMOTHY,A.. SMITHERMAN )
PERMIT NO. AWC990012 ) FILE NO. PC-2015-0028
.Having been assessed civil penalties totaling $11,247.26 for violation(s) as set forth in the
assessment document.of thebivision of Water Resources dated, January 27, 2016, the, undersigned,
desiring to seek remission of'the civil penalty, 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 Resources within.
thirty (30) days of receipt of the'r otice of assessment. No new evidence in support of a remission
request will be allowed after, thirty (30) days from the receipt,of the notice of assessment:
This the /a'M day of . 2016
Signature
ADDRESS
/0�o Nz7ot Daa/ /7a//ocJ
}7C awld
RECEIVEDINCDE=WR
FEB 16 2016 TELEPHONE
Wateraua1V ;.3C�- / �f- 9 j7p
Rialcnal 0"rewris secoon
Page 57 of 65

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2015-0028 County: Yadkin
Assessed. Party: Timothy A. Smitherman
Permit No.: AWC990012 Amount assessed: $11,247.26,
Please use this form when requesting. remission of this civil penalty. You must also complete the
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 determining
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 notthe 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. By law [NCGS 133-215.6A(f)] remission of
a civil penalty may be gfanted when one or more of the following five factors applies. Please
check each, factor that youbelieve applies to your case and provide a detailed explanation,
in copies of supporting documents, as to why the factor applies (attach additionalpages.
as needed).
(a)
(b)
(the assessment factors are
listed in the civil penalty
assessment document);
violation (i. e., explain the steps that you took to correct the vlolation and prevent
fisture occurrences);
_. (c) the violation was inadvertent of 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:
RECENEDINCDEO/DWR
FEB 16 2016
Weter.Oualla
Regional Opw dons Section
\Rem, mq:
Page 58 of 65

� F �
Remission Request Summary and Recommendation
To: S. Jay Zimmerman
From: Sherri Knight Date: 02/23/2016Region: WSRO
ke4iew`ed by; Jon Ris aag rd ,JtC Date: 3 �a t / t t
WQROS Sectiotr 'ef(initials)'
Assessed Party: Timothy Stnitherman County: Yadkin,
Case No.: PC-2015-'0028 Permit No.:AWC990012
Case Backeround and Assessment
October 1, 2014 DWR issued.COGNo. AWC990012 to Timothy Smitherman for the Shady Grove Dairy:
June 4, 2015 On June 4, 2015 and September 2, 2015, DWR.staff from Winston-Salem Regional
and Officc.conducted a complaint investigation of Shady Grove Dairy and observed that an
September 2, 2015 uncertified waste structures were used to store animal waste. The uncertified animal
structures fails to meet State or'FederaLNRCS standards and is not a part of the.CAWMP
and has not been approved by DWR. The uncertified waste structure is not being
properly operated and maintained. The uncertified waste structureshave.beenin use
since 2012.
DWR staff also documented that Shady'Grove Dairy applied animal, waste within 135
feet of the residence, and within 60 feet of a well located on an adjacent property.:Ms
well is not a monitoring.well.
On September 2, 2015 D WR staff'observed thava dragline system was being used for the
application of animal waste.near both of the uncertified.waste structures. The dragline
system was not listed iniShady Grove Dairy's CAWMP as an approved method of waste
application. Shady Grove Dairy. ha&oo record of calibration for'the;dmgline waste
application system. The application of animal waste resulted in excessive ponding of
animal waste.
June 1812015 & Notice of Violation and Enforcement. Recommendation issued.
September 21,
2015
July 13 2015 & DWRX4tCFrecJd a;response'to the dated NOV
October 18, 2015
January 27, 2016 Timothy Smithermanswas assessed a civil penalty of $11P47.26 ($9000.00 civil penalty
plus $2247.26,investigative ;costs):.
• $7000.00 for failing.to make major changes to the CAWMP as required by the permit,
and operating uncertified animal waste structures which.fails to meet.NRCS
standards. t
$500:00 for failure,to maintain a,100-feet' 646er between land application area and
wells that is not a monitoring well.
• $500.00 for failing to maintain a 200-feet buffer between a land application area and a
residence not owned by the pemuttee.
• $500.00 for failure.to prevent application of animal waste that caused excessive
ponding.
• $500.00 for failure to test and calibrate waste application equipment prior to using it.
February 4, 2016 Green.card indicated delivery of the assessment document
m 1.0- 8.3 t.09

February 12, 2016 Remission request signed
February 16', 2016 Remission request received
Summary: Timothy Smitherman did not dispute constructing and using an uncertified animal waste structure;
applying animal waste. in a manner which caused excessive ponding, and failure to calibrate the dragline system
prior to using it, and feure.to maintain required setbacks to residence and well. Timothy Smitherman indicates
that the storage pond was built in'2012 due to above average rainfall and was not intended to hold waste.for long
periods of time. The pond was basically used like a.frac tank. In addition, the use of this system helps prevent
compactiomof the due to the heavy weight of the waste spreading trucks. The uncertified waste structure has
been completely cleaned out.
Enforcement History
2003 —Civil Penalty Assessment of $1648.85 for failure to maintain adequate freeboard.
August2001— NOV/NOI for failure to maintain adequate freeboard,, failure to install markers, failure to conduct
soil analyses.
November 2006 — NOV/NOI for failure to maintain adequate freeboard, failure to monitor and record waste
Remission Recommendation from Regional Office and Central Office
• DWR Winston-Salem Regional Office Recommendation (Check One)
Request.Denied
Full Remission, ❑ Retain Enforcement Costs? Yes ❑ No ❑
PartialRemission n (enter amount to remit)
Comment:
The violator consciously planned for the unpermitted waste structures and dragline systems to be built, -then
sought someone to do the construction, and then, paid for the construction and installation. These structures
were constructed in 1012 and the violator' did not,pursue certification of the structures until after the
violation was discovered. The facility has also been inspected every year since the installation of the draghne
system was installed and did not produce calibration records, eventhough he had calibration records for the.
honey wagons/trucks.
DWR Central Office Recommendation (Check One)
Request Denied 9
Full Remission ❑ .Retain Enforcement Costs? Yes ❑ No ❑
Partial.Remission ❑ $ (enter amount to remit)
Comment:
Page 60 of 65

WaterResourres
ENVIRONMENTAL QUALITY
April 14, 2016
CERTIFIED'MAIL - #701 S 1520 0000 7838 6155
RETURN RECEIPT REQUESTED
Timothy A;, Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, North Carolina 2701,8
Dear Mr. Smitherman:
PAT MCCRORY
Govenwr
DONALD R. VAN DER VAART
Senetan
S. JAY ZIMMERMAN
Subject: Request for Remissiori of Civil Penalty
Case No. PC-2015-0028
Farm #'99-0012
Permit Number AWC990012
Yadkin County
Dwelor
In accordance with North Carolina general Statute 143-215.6A(f), the Director of the, North
Carolina Division of Water Resources considered the information,you submitted in support of your
request for remission and did not,find grounds to modify.the civil penalty assessment of $11247.26
A copy of the Director'sdecision is Attached.
Two,options are available to you at this stage of the remission process:
1) You may pay, the penalty.
If you decide to pay the penalty please make your check payable" to the Department of
Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of, your
receipt of this letter to'the attention of:
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
1.636 Mail Service Center.
Raleigh, North Carolina 27699-1636
OR.
Slate ofNoNh Carolina I Environmental Quality I Water Resou a
Water Quality Regional Operations Section
1636 Mail service Center I'RaMigh, NoRh Caralim 27699-1636 Page 61 of 65
919 807 6464'

Remission of civil penalty
Timothy Smitherman
Enforcement # PC-2015-0028
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request..
If payment is not. received;within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and'the recommendation of the Director of the North
Carolina. Division of'Water"Resources will be delivered to the Committee on Civil Penalty
Remissions for. final agency decision.
If you or your' representative would like to speak before the Committee, you must complete
and return the attached Request.for Oral Presentation Form within thirty (30) calendar days of
receipt of this letter. Send the completed form to-
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
1636'Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you.make the request), if the Chairman determines that there is a compelling,
reason to require a presentation, you will be notified of when and where you should appear. If
a presentation is not required, the -final decision will be based upon the written record.
Thank you for' your cooperation in this matter.
[phone].
Attachments
cc: Winston-Salem Regional Office WQROS
File # PC-2015-0028
WQROS Central Files (AWC990012)
If -you have any questions, please contact me at
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Page 62 of 65

f ..
STATE OF NORTH CAROLINiRECENEDINCDEQ,IDWFENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF YADKIN MAY 13 Z016 DWQ Case Number: PC-2015 0028
IN THE MATTER OF ASSESSMWJer Quality Ragional "
OF CIVIL PENALTIES AGAINST: Operations Se);tion 'REQUEST FOR ORAL PRESENTATION
TIMOTHY SMITHERMAN )
I hereby request to maker an oral presentation before the Environmental Management Commission's Committee on Civil; Penalty
Remissions in the matter of the case noted above. .inmaking this,request I assert that I understand all of the following"statements:.
• This request will be reviewed by the Chairman of the Environmental Management Commission and maybe either grantedor denied.
• Making presentation will requirethe presence of myself and/or my representative during,a Committee meeting held in.Raleigh,
North Carolina.
• My presentation will'bc limited to discussion of issues and information submitted in my orieinal remission request, and because no
factual issues are in dispute, my presentation will be limited.to five•(5) minutes in length.
The North Carolina State Bar's AutlwitadPiuctice of Law C66unittee has ruled that the'appeaiahce in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar: Proceedings before the Committee on
'Remissions are quasi-judicial. You should consider how you intend to present your case. -to the Committee in light of the.State Bar's
opinion and whether anyone will bespeaking in a representative capacity for You or a business or governmental entity. If you or your
representative would like to speak before the Committee, you•must complete andremrn this form within thirty (30) days of receipt of
diii letter.
Depending on your status as an individual, corporation, partnership or municipality, die State Bar's Opinion "affects how your may
proceed Mth'your oral presentation. See www.ncbar.com/ethirs, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics.Opinion`3.
• If you are an individual or business owner and are granted An opportunity tq make an oral presentation before the Committee;
then you do not need legal representation before the Committee; however, if you intend on having another individual' speak
on your behalf regarding the factual. situations,such as an expert; engineer or consultant,, then;you must also be present at the
meeting in order to avoid violating the State Bar's Opini.on,on the unauthorized practice of law,,
If you, area corporation. partnership or municioalitv'and are granted an opportunity to make an oral presentation before the
Committee; then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a
license "if he or she is,not a, licensed attome.yi Presentation of facts by non -lawyers is permissible:
if you choose to request an oral presentation; please makeaure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2)' for corporations,
partnerships and municipalities; signed by individuals who wouldnot violate the State Bar's Opinion on the.pnauthorized practice of
law.
Aiso; be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee,is informed that a violation of the State Bar occurs.
This the CO •1, day of
/duo fb�,f ewl' 14116-"-1
ADpRESS
F s� A6e4)d}NC d''70/9
TELEPHONE(336 ) 1fy`f- 9970
Page 63 of 65

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2015-0028 Region: Winston-Salem County: Yadkin
Assessed Entity: Timothy A.'Smithehhan Permit: AWC990012
❑ (a) Whether one or more of the civil. penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from'the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
The DWR does not believe the "uncertified waste structure" and 'failure to calibrate" violations to be
inadverdent or an accident. The violator' consciously planned for the unpermitted`waste structures and
dragline systems to be, built, then, sought someone to do the construction, and then paid for their
construction;and installation. These'structures were. constructed in 2012'And the violator did not pursue
certification of the structures until after the violation was discovered. The facility has also been,inspected.
every year since the installation of the dragline "system was installed and, did not produce calibration
;records, eventhough he had calibration' records for the honey wagons/trucks.
While the required buffer distances are listed in the Certified Animal'. Waste Management Plan, it is
possible that the "buffer" violations.wem inadvertant since the violator had been applying waste to this
field, in the same manner, for several years with no complaints.
The DWR does not believe the 'ponding" violation to have been inadverdant or an accident. The
ponding occurred in areas where the application equipment traffic was especially heavy: at the
entrance/exit to the field off Smithtown Road, and below the dam of the uncertified structure, also.in the
field off Smithtown Road. The DWR believes, that if the equipment has been operated properly that
ponding would. not have occurred.
(d) Whether the violator had been,assessed civil penalties for any previous violations:
❑ (e) Whether payment,of.the civil penalty will prevent payment for the remaining necessary remedial
actions:
DECISION (Check One)
Request'Deniedx
Full Reinis"sion ❑ Retain Enforcement Costs? Yes []No ❑
Partial Remission ❑ S (EnterAmount Remitted)
VIM
__ d
Page 64 of 65
my 1.0-8.31.09

■ Print .your name;ana,..r--- ._-
so that,Ne can return, the eard to you.
■ Attach this card to'the�back ofthe ,mail{
or on the front if space permits.
t Arkrlw Addm u"d to:
Timothy. A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
Fast Bend; Nortli Carolina 27018
&'very Re�trkt•d DeIF!erY
7015, 1520 0000 7838 0155
PS Form 381;1,,Apr112015 PSN 7530-02-000-9053
to
ui
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� kAeoe�GeOEMetµ}wyrhErf
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to
r-I 'Timothy A. Smitherman
�0.
amr• 'Shady Grove Dairy
c3 -Mw-1040 Hoot Owl Hollow
ew,.iu East Bend, North Carolina 27018
❑ No
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Page 65 of 65

EMC Remission Hearing Case #PC-2015-0028
Shady Grove Dairy — AWC990012
Raleigh, NC
July 14, 2016
BACKGROUND:
Good afternoon Mr. Chairman and Committee Members. My name is Melissa
Rosebrock. I am a Senior Specialist with the Division of Water Resources in the
Winston-Salem Regional Office and currently serve as an animal waste inspector
and was the principal investigator in this case against Mr. Tim Smitherman,
owner/operator and permittee for Shady Grove Dairy.
The case before us today is actually a combination of two separate complaint
investigations, each resulting in a separate recommendation for enforcement.
However, since the two complaint investigations occurred within just a few
months of each other, it was decided, for efficiency, to combine all the violations
into one Civil Penalty Assessment, case # PC-2015-0028. This is the case before
you today.
The first investigation began on June 4, 2015, when our office responded to a
complaint and found that Shady Grove Dairy had applied dairy waste too close to
wells and a residence on Smithtown Road in Yadkin County. We also observed
excessive ponding of dairy waste in the application field. During our investigation
we also discovered that the permittee was using an animal waste structure that
had not been certified to meet Natural Resource Conservation tandards or 4M0 r' a°5
(NRCS) Standards and was not listed in his Certified Animal Waste Management
q
Plan w (CAWMP), and was therefore not permitted. The waste structure was
found to have been in use since 2012. During our investigation, I also asked
Operator in Charge Mr. Maurice Smitherman if "there is anything else we needed
to know" to which he replied "no." Please note Mr. Smitherman's July 13, 2015,
email response, located on page 21 of your packet, in which he mentions only one
uncertified waste structure.
Then on September 2, 2015, 1 responded to a second complaint against Shady
Grove Dairy in which we documented that two additional unpermitted animal
waste structures were also in use. One is located off Butner Mill Road, and the
other off Gypsie Road, both in Yadkin County. These two additional waste
structures have also been in use since 2012. We also documented that the new
dragline application system had not been calibrated.
Page 1 of 4

' ,ASSESSMENT:
.As a result of the com aint investigations and documented violations, the
Division issued a ivil penalty assessment on January 27, 2016, against Mr.
Smitherman, d/t5/a Shady Grove Dairy, in the amount of $9,000.00., including
$2,247.26 in investigative costs. The violations included:
• $7,000.00 for failing to make major changes to the CAWMP as required by the
permit, and operating uncertified animal waste structures which fail to meet
NRCS standards.
• $500.00 for failure to maintain a 100-foot buffer between the land application
area and wells that are not monitoring wells.
• $500.00 for failing to maintain a 200-foot buffer between a land application area
and a residence not owned by the permittee.
• $500.00 for failure to prevent application of animal waste that caused excessive
ponding.
• .$500.00 for failure to test and calibrate waste application equipment prior to
use.
REMISSION:
The permittee contends that the violations which resulted in the civil penalty
assessment were inadvertent or the result of an accident. The Division would
argue that the violations were indeed avoidable and could have been prevented if
the waste structures had been certified and approved prior to construction. This
would have entailed the design and installation per NRCS construction standards
and prior approval by the Division. The Region contends that the permittee
intentionally planned for the unpermitted waste structures and dragline systems
to be built, then sought out someone to build the systems, and then paid for the
construction and installation of the structures.
Excessive ponding of waste on the application field was neither inadvertent nor
the result of an accident. The use of the dragline system for& lilication requires
the use of a tractor, thus a driver is always present and capable of altering the
application rate or spray pattern, as necessary.
Additionally, the Region believes the permittee knew to calibrate the application
system since they had already been performing the required slurry tank
calibrations.
Page 2 of 4

Since January 2000; this facility has received four NOVs for permit violations and
one civil penalty that was assessed in February 2003 for failure to maintain
adequate freeboard.
SUMMARY:
In summary, the Division of Water Resources opposes any remission of the
$11,247.26 civil penalty levied against Timothy Smitherman d/b/a Shady Grove
Dairy on January 27, 2016.
Thank you for your time and I would be happy to answer any questions you may
have concerning this case.
Page 3 of 4

Possible Questions:
Higher Enforcement Costs
It took time to confirm the owner of the properties using the county GIS and then
to confirm that the fields containing the structures were in the Shady Grove Dairy
Permit.
Enforcement costs include two trips to each of the three unpermitted structures.
One trip was for the investigation and another to confirm that waste had been
removed.
The unpermitted waste structures are located 1.35 miles (Gypsie), 2.7 miles
(Smithtown), and 3.8 miles (Butner Mill) from the dairy (as the crow flies) off
unpaved farm roads. This case was essentially three "farm sites" with each having
permit violations.
The enforcement costs represent the combined costs for the two investigations,
the initial preparation of two separate enforcement packages, follow-up site
visits, aerial maps for various years, photos of the three sites, GIS tax records for
each of the three sites, business corporation research, etc.Q^ a� y� ^ o Uh ��
Why WSRO missed WSPs and Dragline System — We try to be as thorough as we
possibly can during the yearly compliance inspection. In this case the 2007 waste
plan includes 1,109 acres that are available for waste application and the
unpermitted structures are located in the middle of farm tracts.and not visible
from any paved roads. Therefore, we must rely on the permittee to do their part
and have their waste plan updated or revised as required by the permit.
Definition of Waste Structure -Attached
Waste Structure Design-NRCS Standards - Attached
Dragline and calibration -
Page 4 of 4

NC DEQ: July 2016 CP Grp I Agenda
Page 1 of 2
F> July 2016 CP Grp I Agenda
JuLy 2016 CP Grp I Agenda
Agenda
ENVIRONMENTAL MANAGEMENT COMMISSION
CIVIL PENALTY REMISSIONS COMMITTEE MEETING
Group I
512 North Salisbury Street
Archdale Building - Ground Floor Hearing Room - G19
Raleigh, North Carolina
July 14, 2016 (Immediately following EMC Business Session)
DIVISION OF WATER RESOURCES
General Statute § 138A-15 mandates that the Chairman inquire as to whether any member
knows of any known conflict of interest or appearance of conflict with respect to matters
before the Commission. If any member knows of a conflict of interest or appearance of a
conflict, please so state at this time.
Dr. Albert R. Rubin, Group I Chair, Presiding
The following agenda item is scheduled for oral presentation.
16-07_0Request for Remission of Civil Penalty by Timothy A. Smitherman,
Owner/Operator, Shady Grove Dairy (PC-2015-0028)
Yadkin County - Winston-Salem Regional Office (pp 1-65)
https://deq.nc.gov/node/83216 7/12/2016

NC DEQ: July 2016 CP Grp I Agenda
Page 2 of 2
IC: $2,247.26
Remit: $0.00
Total: $11.247.26
How can we make this page better for you?
httnc•//tlen nc anv/nnde/R471F 7/17/I)nIF

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
512 N. Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
July 14, 2016
9:00 a.m.
General Statute § 138A-15 mandates that the Chairman inquire as to whether any member knows of any
known conflict of interest or appearance of conflict with respect to matters before the Commission. If any
member knows of a conflict of interest or appearance of a conflict, please so state at this time.
Steven J. Rowlan, Chairman, Presiding
Preliminary Matters
1. Call to Order
2. Approval of minutes from Commission meeting on May 12, 2016 (attached)
II. Action Items
1. 16.30 Request for Approval to Proceed to Public Comment on the Report
for 15A NCAC 13A, Hazardous Waste Management for the Periodic
Review of Existing Rules in accordance with S. L. 2013.413
(DWM) Julie Woosley
POWERPOINT PRESENTATION
Attachment A —15A NCAC 13A Report p Al
2. 16.31 Request for Approval to Proceed to Public Comment on the Report
for 15A NCAC 13B, Solid Waste Rules for the Periodic Review of
Existing Rules in accordance with S. L. 2013.413
(DWM) Ellen Lorscheider
POWERPOINT PRESENTATION
Attachment A — Spreadsheet for Rule Subchapter 13B, p Al
3. 16.32 Request for Approval of Hearing Officer's Report and Adoption of
Proposed Amendments to Rules for Permits for Solid Waste
Management Facilities: 15A NCAC 13B .0200
(DWM) Ed Mussler
POWERPOINT PRESENTATION
1 of 3

Attachment A — Hearing Officer's Report pp Al-16
Attachment B — Fiscal Note March 24, 2016 pp B1-23
Attachment C —13B .0201 Amendment with Changes pp C1-2
Attachment D —13B .0206 Repeal p D1
Attachment E —13B .0207 Adopt with Changes p E1
4. 16.33 Request for Approval to Proceed to Public Comment on the
Report for 15A NCAC 13C, Inactive Hazardous Substance or
Waste Disposal Sites for the Periodic Review of Existing Rules
in accordance with S.L.2013.413
(DWM) James Bateson
POWERPOINT PRESENTATION
Attachment A —15A NCAC 13C (Columns F thru G Completed) p Al
5. 16.34 Request to Proceed to Hearing on Revision of Odor Control of
Feed Ingredient Manufacturing Plants Rule per S.L. 20.15.263 (536)
(DAQ) Joelle Burleson
Attachment A — Proposed Rules pp Al-3
Attachment B — Regulatory Impact Analysis pp 131-5
6. 16.35 Request for Approval of Hearing Officer's Report and Adoption of
Proposed Amendments to Stormwater Rules including new "Minimum
Design Criteria" and "Fast -Track Permitting Process"
(DEMLR) Annette Lucas/Commissioner Solomon
POWERPOINT PRESENTATION
Attachment A — Hearing Officer's Report
pp Al-378
7. 16.36 Draft Interbasin Transfer Certificate for Union County (Quasi-judicial)
(DWR) Kim Nimmer
Attachment A — Draft Union County Certificate pp Al-33
Attachment B — Union County IBT Petition pp B1-283
Attachment C — Signed Record of Decision for Union County IBT pp C1-10
Attachment D — Union County IBT EIS
PartI
Part II
Attachment E — Union County Appendix E - CD-1
Attachment F — Union County Appendix E — CD-2
Attachment G — Union County Appendix E — CD-3
Attachment H — Union County Appendix E — CD-4
Attachment I - Union County Appendix E — CD-5
Attachment J - 2014 303(d) Listing
2of3
pp D1-430
pp D431-845
pp E1-33
pp F1-905
pp G1-632
pp H1-536
pp 11-64
pp J1-942

III. Concluding Remarks
By Committee Chairs ✓
By Directors
By Commission Members
By Counsel
By Chairman
Adjournment 07-14-16
3of3

Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
990012 Facility Status:
Inpsection Type:
Compliance Inspection
Reason for Visit:
Follow-up
Date of Visit: 07/08/2016 Entry Time: 08:50 am
Farm Name:
Shady Grove Dairy
Owner:
Tim A Smitherman
Mailing Address:
1040 Hoot Owl Hollow
Physical Address:
4408 Shady Grove Church Rd
Facility Status:
.
Active Permit: AWC990012 ❑ Denied Access
Inactive Or Closed Date:
County: Yadkin Region:
Exit Time: 10:24 am Incident #
Owner Email:
Phone:
East Bend NC 27018
East Bend NC 27018
Winston-Salem
336-699-8136
❑ Compliant Not Compliant Integrator:
Location of Farm: Latitude: 36' 13' 59" Longitude: 80' 31' 33"
US Hwy 421 north to Baltimore Rd. exit. Left at top of ramp (north). Right onto Forbush/Cornelius Rd. Left onto Baltimore Rd. Left
onto Flint Hill Rd. left onto NC Hwy. 67. Right onto Fairground Rd. Right onto Shady Grove Road. Farm is on left.
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, 8 Treat Waste Application
Records and Documents Other Issues
Certified Operator: Maurice W Smitherman Operator Certification Number: 21958
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Maurice Smitherman Phone : [phone]?99�
On -site representative Maurice Smitherman Phone : 336999'9i99
Primary Inspector: M R sebrock Phone:
Inspector Signature: MI .(/`l �( �Y=� Date:
Secondary Inspector(s):
Patrick Mitchell
Inspection Summary:
page: 1

Permit: AWC990012 Owner -Facility: Tim A Smitherman Facility Number: 990012
Inspection Date: 07/08/16 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
The purpose of today's inspection is to check the status of the three uncertified waste structures in preparation for remissions
case on July 14, 2016. Questions/answers refer to satellite sites only and not to the actual dairy/milking facility and property.
NA=Nol Applicable and NE=Not Evaluated.
5. No immediate threats today but structures need to be retro-fitted and certified/permitted prior to storing waste again
6. The three uncertified waste structures need to be certified and permitted prior to any storage of waste.
7. Current status:
Smithtown Road - More fescue has established itself. Dam is intact with no seeping or leaks observed.
Gypsie Road - Dam is denuded in several areas but is intact with no visible leaking or seeping. There is lots of loose rock in and
on the dam. Fescue and ryegrass has started to grow in some places. Woody saplings observed on dam.
Butner Mill - Very little permanent vegetation, mostly broadleaves. Dam appears to be intact.
8. Waste structures will need waste level markers prior to certification.
24. Shady Grove dairy is maintaining record of gallons applied per field. Calibration to determine effective width and application
depth has not been determined as described in calibration procedure document AG-553-8 distributed by NCSU as required by
permit. DWR to send copy of AG-553-8 to OIC.
34. DWR to continue following progress of construction/retrofit. OIC says that as money becomes available they wish to complete
construction at Gypsie Road site first.
page: 2

Permit: AWC990012 Owner - Facility : Tim A Smitherman Facility Number: 990012
Inspection Date: 07/08/16 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Waste Pit
OLD ROOFED PIT
12/31/03
9.60
Waste Pond
MATERNITY WSP
18.00
Waste Pond
NEW LOWER #4
27.60
Waste Pond
NEW UPPER #3
27.60
WastePond
OLD#1
27.60
Waste Pond
OLD #2
24.00
page: 3

Permit: AWC990012 Owner - Facility : Tim A Smitherman Facility Number: 990012
Inspection Date: 07/08/16 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
Discharges & Stream Impacts
Yes No Na No
1. Is any discharge observed from any part of the operation?
❑
M ❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
❑ ❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑ ❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
J. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
❑ ❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
0 ❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
0 ❑
❑
State other than from a discharge?
Waste Collection. Storage & Treatment
Yes
No Na Ne
4. Is storage capacity less than adequate?
❑
0 ❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large
❑
❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
0
❑ ❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
0
❑ ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
M
❑ ❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
❑ ❑
maintenance or improvement?
Waste Application
Yes
No Na Ne
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑
M ❑
❑
maintenanceor improvement?
11. Is there evidence of incorrect application?
❑
❑ ❑
If yes, check the appropriate box below
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
page: 4

Permit: AWC990012 Owner - Facility : Tim A Smitherman Facility Number:
990012
Inspection Date: 07/08/16 Inpsection Type: Compliance Inspection Reason for Visit:
Follow-up
Waste Application
Yes
No No No
Crop Type 1
Corn (silage)
Crop Type 2
Other
Crop Type 3
Crop Type 4 .
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14, Do the receiving crops differ from those designated in the Certified Animal Waste
❑
N ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑
N ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
❑ ❑
determination?
17. Does the facility lack adequate acreage for land application?
❑
0 ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
E ❑
❑
Records and Documents
Yes
No Na No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑
❑ ❑
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑
❑ ❑
If yes, check the appropriate box below.
Waste Application? -
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
Stocking?
❑
page: 5

Permit: AWC990012 Owner - Facility: Tim A Smitherman Facility Number: 990012
Inspection Date: 07/08/16 Inpsection Type: Compliance Inspection Reason for Visit: Follow-up
Records and Documents
Yes No Na No
Crop yields?
❑
120 Minute inspections?
❑
Monthly and 1" Rainfall Inspections
❑
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
❑ ❑
M
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
❑ 0
❑
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
0
❑ ❑
❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
❑ M
❑
appropriate box(es) below:
Failure to complete annual sludge survey
❑
Failure to develop a PDA for sludge levels
❑
Non -compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
❑
❑ ❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ ❑
Other Issues
Yes
No Na No
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
❑ ❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
0 ❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
0 ❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
0 ❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑
❑
❑
34. Does the facility require a follow-up visit by same agency?
0
❑ ❑
❑
page: 6

Water Resources
ENVIRONMENTAL QUALITY
NC Department of
Environmental Quality
Received
JUN 2 4 2016
Winston-Salem ..
Regional Office
June 20, 2016
CERTIFIED MAIL - #7015 1520 0000 7838 4054
RETURN RECEIPT REQUESTED
Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, North Carolina 27018
SUBJECT:
Dear Mr. Smitherman:
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Request for Remission of Civil -Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Shady Grove Dairy
Case Number PC-2015-0028
Permit No. AWC990012
Yadkin County
Secretary
S. JAY ZIMMERMAN
Director
A final agency decision on your request for remission of the subject civil penalty will be made
by the Committee on Civil Penalty Remissions (Committee) of the Environmental Management
Commission (EMC) on Thursday, July 14, 2016.
No request for oral presentation was made. You may attend this meeting, but you will
not be permitted to speak regarding your case.
_ The EMC Chairman has considered the written record and determined that no oral
presentation will be made. You may attend this meeting, but you will not be permitted to
speak regarding your case.
X The EMC Chairman has considered the written record and determined that an oral
presentation is necessary. Please come prepared to present your remission request at this
meeting. You will be allowed approximately five (5) minutes to speak. Please be
the original remission request. Please note, the State Bar's recent Opinion regarding the
unauthorized practice of law affects your method of presenting at the Committee.
If you are an individual or business owner and are granted an opportunity to make an oral
presentation before the Committee, then you do not need legal representation before the
Committee; however, if you intend on having another individual speak on your behalf regarding
the factual situations, such as an expert, engineer or consultant, then you must also be present at
the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of
law.
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center[ Raleigh, North Carolina 27699-1611
919 707 9000

Mr. Timothy Smitherman
PC-2015-0028 CCPR Notification
p. 2
If you are a corporation, partnership or municipality and are granted an opportunity to make an
oral presentation before the Committee, then your representative must consider the recent State
Bar's Opinion and could be considered practicing law without a license if he or she is not a
licensed attorney. Presentation of facts by non -lawyers is permissible.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed
with the hearing of a case if the Committee is informed that a potential violation regarding the
unauthorized practice of law has occurred.
Time and Location of Meeting
The Committee will convene at 11:30 a.m. or immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission. The Committee
meeting will be held in the Ground Floor Hearing Room of the Archdale Building, located at 512
North Salisbury Street in Raleigh, North Carolina (see enclosed map).
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda
of the day and the amount of discussion given to each topic — meetings often extend into the
early afternoon. You are advised to arrive for the Committee meeting no later than 11:30 a.m. in
order to ensure your opportunity to listen to consideration of your case in the event that the
Committee begins at its appointed time. If the Commission meeting runs long and you need
refreshment or food, Division of Water Resources staff can direct you to local eateries.
If you have any questions concerning this matter, please call Miressa Garoma of the Animal
Feeding Operations Program at [phone].
merman, P.G., Director
of Water Resources
enclosure
cc: Winston-Salem Regional Office
Enforcement File
Central Files (AWC990012)

Water Resources
ENVIRONMENTAL OUALITV
NC Department of
Environmental Quality .
Received
APR 19 2016
Winston-Salem
Regional Office
April 14, 2016
CERTIFIED MAIL - #7015 1520 0000 7838 0155
RETURN RECEIPT REQUESTED
Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, North Carolina 27018
Dear Mr. Smitherman:
PAT MCCRORY
Gmenwr
DONALD R. VAN DER VAART
SecielarT
S. JAY ZIMMERMAN
Subject: Request for Remission of Civil Penalty
Case No. PC-2015-0028
Farm # 99-0012
Permit Number AWC990012
Yadkin County
Dr'eclnr'
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North
Carolina Division of Water Resources considered the information you submitted in support of your
request for remission and did notfind grounds to modify the civil penalty assessment of $11247.26.
A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of
Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your
receipt of this letter to the attention of:
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
M
Slate of North Carolina I Environmental Quality I Water Resources
Water Quality Regional Operations Scction
1636 Mail service Center I Raleigh, Nortlt Carolina 27699-1636
919 807 6464

Remission of civil penalty
Timothy Smitherman
Enforcement # PC-2015-0028
Page 2 of 2
2) You may decide to have
Committee on Civil Penalty
request.
the Environmental Management Commission's (EMC)
Remissions make the final decision on I your remission
If payment is not received within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty
Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation Form within thirty (30) calendar days of
receipt of this letter. Send the completed form to:
Miressa D. Garoma
NC DEQ-DWR
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If
a presentation is not required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact me at
[phone].
Sincerely,
,- ...
Debra J. Watts, Supervisor
Animal Feeding Operations and
Ground Water Protection Branch
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments
cc: Winston-Salem Regional Office WQROS
File # PC-2015-0028
WQROS Central Files (AWC990012)

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2015-0028 Region: Winston-Salem County: Yadkin
Assessed Entity: Timothy A. Smitherman Permit: AWC990012
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
The DWR does not believe the "uncertified waste structure " and 'failure to calibrate " violations to be
inadverdent or an accident. The violator consciously planned for the unpermitted waste structures and
dragline systems to be built;`then sought someone to do the construction, and then paid for their
construction and installation. These structures were constructed in 2012 and the violator did not pursue
certification of the structures until after the violation was discovered. The facility has also been inspected
every year since the installation of the dragline system was installed and did not produce calibration
records, eventhough he had calibration records for the honey wagons/trucks.
While the required buffer distances are listed in the Certified Animal Waste Management Plan, it is
possible that the "buffer ".violations were inadvertant since the violator had been applying waste to this
field, in the same manner, for several years with no complaints.
The DWR does not believe the 'ponding" violation to have been inadverdant or an accident. The
ponding occurred in areas where the application equipment traffic was especially heavy: at the
entrance/exit to the field off Smithtown Road, and below the dam of the uncertified structure, also in the
field off Smithtown Road. The DWR believes that if the equipment has been operated properly that
pending would not have occurred.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
DECISION (Check One)
(Request.Deniedg I
Full Remission ❑ Retain Enforcement Costs? Yes []No ❑
Partial Remission ❑ $ (Enter Amount Remitted)
rev 1.0-8.31.09

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2015-0028 Region: Winston-Salem County: Yadkin
Assessed Entity: Timothy A. Smitherman Permit: AWC990012
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
The WSRO does not believe the "uncertified waste structure" and 'failure to calibrate" violations to
be inadverdent or an accident. The violator consciously planned for the unpermitted waste structures and
dragline systems to be built, then sought someone to do the construction, and then paid for the
construction and installation. These structures were constructed in 2012 and the violator did not pursue
certification of the structures until after the violation was discovered. The facility has also been inspected
every year since the installation of the dragline system was installed and did not produce calibration
records, eventhough he had calibration records for the honey wagons/trucks.
While the required buffer distances are listed in the Certified Animal Waste Management Plan, it is
possible that the "buffer" violations were inadvertant since the violator had been applying waste to this
field, in the same manner, for several years with no complaints.
The WSRO does not believe the "ponding" violation to have been inadverdant or an accident. The
ponding occurred in areas where the application equipment traffic was especially heavy: at the
entrance/exit to the field off Smithtown Road, and below the dam of the uncertified structure, also in the
field off Smithtown Road. The Region believes that if the equipment has been operated properly that
ponding would not have occurred.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Thus far, the violator has paid an engineer a total of $4,500 towards design work that is needed to begin retrofitting
the time waste structures. The violator stated that the total cost for certifying the three waste structures will be
around $30,000 (phone call on 2/19/2016 and email on 2/22/2016). The civil penalty may not prevent payment
for the remedial actions, but it may impact the speed at which redial actions (i.e. design, construction, certification,
etc.) can take place.
There are no costs associated with correcting the "buffer, calibration, and ponding" violations in the future, so
the civil penalty will not impact any remedial actions.
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑No ❑
Partial Remission ❑ $ (Enter Amount Remitted)
S. Jay Zimmerman Date.
rev 1.0 - &.31.09

Rosebrock, Melissa
From:
3364141995
Sent:
Monday, February 22, 2016 3:37 PM
To:
3368137084
Subject:
Sam the Engineer has grading, concrete & materials estimated between 10,000-12,000
per site.

PAT MCCRORY
NC Departmentot ° cow ... o,
Environmental Quality
Received DONALD R. VAN DER VAART
FEB 17 2016 Secrrm
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Winston-Salem '*":-i+^"
; II Dh eclor
Regional Office
February 16, 2016
Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, North Carolina 27018
SUBJECT: Remission Request
Farm # 99-0012
Yadkin County
File No. PC-2015-0028
Permit No. AWC990012
Dear Mr. Smitherman:
This letter is to acknowledge receipt of your request, on February 16, 2016, for remission of the
civil penalty levied against the subject facility. The Director of the Division of Water Resources
will review your evidence and inform you of his decision in the matter of your remission request.
1f you have any questions, please call me at [phone],
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Sherri Knight, Winston-Salem WQROS Regional Supervisor
File # PC-2015-0028
WQROS Central Files
State ofNonh Carolina I Environmental Quality l Water Resoux&Water Quality Regional Operations
1636 Mail smie Center I Raleigh, Nordt Camlina 27699-1636
919 807 6464

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF YADKIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
TIMOTHY A. SMITHERMAN 1
PERMIT NO. AWC990012 ) FILE NO. PC-2015-0028
Having been assessed civil penalties totaling $11,247.26 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, January 27, 2016, the undersigned,
desiring to seek remission of the civil penalty, 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 Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the /0? N' day of 2016
Signature
FEB 16 2016
wenNnueiay
Regional operations Section
ADDRESS
TELEPHONE
13Ca— zl/cl— F,370

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2015-0028 County: Yadkin
Assessed Party: Timothy A. Smitherman
Permit No.: AWC990012 Amount assessed: $11,247.26
Please use this form when requesting remission of this civil penalty. You must also complete the
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 determining
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. By law [NCGS 133-215.6A(f)] remission of
a civil penalty may be granted 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 NCGS 143B-282 I were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or 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);
_X (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:
Vtem. req.
RECENEDMCDEOIDWR
FEB 16 2016
Water Quellpr
Regional Operations Bectlon

RECEIVED
N.C.DeDt.ofENR
i
:- JAN 2 9 2016
`Ninston-Salem
_Regional Office
Water Resources
ENVIRONMENTAL QUALITY
January 27, 2016
CERTIFIED MAIL - #7014 1200 0001 3432 6042
RETURN RECEIPT REQUESTED
Timothy A. Smitherman .
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, North Carolina 27018
Dear Mr. Smithennan:
PAT MCCRORY
DONALD R. VAN DER VAART
Seoetmv
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalties for V iolation(s) of
N.C. General Statute(s) 143-215.1
Farm # 99-0012
Yadkin County
Enforcement File No. PC-2015-0028
Direcmr
This letter transmits notice of a civil penalty assessed against Timothy A. Smitherman in the amount of
$9,000.00, and $2,247.26 in investigative costs, for a total of $11,247.26. 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 Environmental 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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
K0
Stale ofNonh Carolina I Environmental Quality l Water Resources
Water Quality Regiotul Operations Section
1636 Mail service Center I lialeigh, Nosh Carolina 27699-1636
919 807 6461

Assessment of civil penalty
Timothy A. Smitherman
Enforcement # PC-2015-0028
Page 2 of 3
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 Resources at the address -listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their 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 Resources also requests that you complete and submit
the enclosed "Justification for Remission Request:' Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
K'
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.

Assessment of civil penalty
Timothy A. Smitherman
Enforcement # PC-2015-0028
Page 3 of 3
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 normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers -for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
Jon Ri aard�
g
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Sherri Knight, Winston-Salem WQROS Regional Supervisor w/ attachments
File # PC-2015-0028 w/ attachments
WQROS Central Files w/ attachments
Yadkin County Health Department

STATE OF NORTH CAROLINA
COUNTY OF YADKIN
IN THE MATTER OF
TIMOTHY A. SMITHERMAN
FOR VIOLATIONS OF CATTLE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2015-0028
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality Regional
Operations Section of the DWR, make the following:
FINDINGS OF FACT:
A. Timothy A. Smitherman own and operate Shady Grove Dairy, a permitted cattle operation in
Yadkin County.
B. Timothy A. Smitherman was issued Certificate of Coverage AWC990012 by DWR, under
General Permit AWG200000 for Shady Grove Dairy on October 1, 2014, effective upon
/ issuance, with an expiration date of September 30, 2019.
✓ C. Condition 1.3. of the General Permit AWG200000 states in part that "The facilities COC and its
CAWMP are hereby incorporated by reference into this General Permit. The CAWMP must be
consistent with all applicable laws, rules, ordinances, and standards (federal, state and local) in
effect at the time of siting, design and certification of the facility. Any Violation of the COC or
the CA"P shall be considered a violation of this General Permit."
"Major changes", "revisions", and "amendments" to the CAWMP must be documented, dated,
and included as part of the CAWMP. "Major changes" and "revisions" to the CAWMP shall be
submitted to the appropriate Division Regional Office within thirty (30) calendar days of the
/ "major change" or "revision."
VD. Section VII of the General Permit AWG200000 defines "Major changes" to the CAWMP as
changes which include, but not limited to, the retrofit of a lagoon, installation of new irrigation
system, and similar type changes. Recertification is required for major changes and must be
approved by the Division.
JE. The COC issued on October 1, 2014 to Shady Grove Dairy states that "Per NRCS standards a
100-foot separation shall be maintained between water supply wells and any lagoon, storage
pond, or any wetted area of a spray field."
F. On June 4, 2015, DWR staff from Winston-Salem Regional Office conducted a complaint
investigation of Shady Grove Dairy and observed that an uncertified waste structure was being

used to store animal waste. The uncertified structure is located on land owned by Shady Grove
Partners, LLC (PIN # 593004541049). On the date of the investigation, the structure contained
1-2 feet of liquid animal waste. Operator in charge (OIC) Maurice Smitherman confirmed that
the uncertified animal waste structure was constructed in 2012 during a period of chronically wet
weather for the purpose of emergency storage of cattle waste. The OIC confirmed that the
structure was used again in the spring of 2015 to avoid potential high freeboard and/or discharge
violation. The uncertified animal structure fails to meet State or Federal NRCS standards and is
not a part of the CAWMP and has not been approved by DWR. The uncertified waste structure is
not being properly operated and maintained.
G. During September 2, 2015 complaint investigation, DWR staff observed that two uncertified
waste structures were being used to store animal waste from Shady Grove Dairy. One of the
uncertified structures is located on property off Butner Mill Road and owned by Timothy A.
Smitherman (PIN# 586900569530). The other is located on land off Gypsie Road which is
owned by Shady Grove Partners LLC (PIN# 594000362982). Both uncertified structures are in
Yadkin County. On the date of the investigation, the Butner Mill Road structure contained about
one foot of liquid animal waste and the Gypsie Road structure contained one to two feet of
manure. Timothy A. Smitherman confirmed that the uncertified animal waste structures were
constructed in 2012 during a period of chronically wet weather for the purpose of emergency
storage of cattle waste so as to avoid compacting the soils in the application fields. The
uncertified waste structures have been in use since 2012.
H. The animal waste structures described above are not certified and fail to meet State or Federal
NRCS standards and were not a part of the CAWMP, permit, or approved by DWR on the dates
of the investigations.
Condition I. 8. of the General Permit AWG200000 states in part that "Animal waste shall not be
applied within 100 feet of any well with the exception of monitoring wells."
J. Condition II.20. of the General Permit AWG200000 states that "The permittee shall maintain
buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots,
manure and feeding storage areas and land application areas." The facilities CAWMP states that
"Animal waste shall not be applied closer than 200-feet of dwellings other than those owned by
the landowner."
K. During June 4, 2015 investigation DWR staff documented that Shady Grove Dairy applied
animal waste onto tract 3439 and within 135 feet of the residence, and within 90 feet of a well,
both of which are located across the road at 3335 Smithtown -Road (P.IN# 593012860370). This
residence is not owned by Mr. Smitherman or Shady Grove Dairy LLC and the well is not a
monitoring well. DWR staff also observed that animal waste had been applied onto tract 3439
and within 60 feet of a well located on an adjacent property (PIN# 593000852954). This well is
not a monitoring well.
L. Condition II.5. of the General Permit AWG200000 states that "In no case shall land application
rates result in excessive ponding or any runoff during any given application event."
M. The application of animal waste resulted in excessive ponding of animal waste below and to the
west of the uncertified waste structure and at the Smithtown Road entrance to application fields
located in tract 3439.
N. Condition 11.24. of the General Permit AWG200000 states that "All waste application equipment
must be tested and calibrated at least once every two years. The results must be documented on
forms provided, or approved by, the Division"

O. On September 2, 2015 DWR staff observed that a dragline system was being used for the
application of animal waste near both of the uncertified waste structures. On the date of the
investigation, the dragline system was not listed in Shady Grove Dairy's CAWMP as an
approved method of waste application.
P. On September:2, 2015 Shady Grove Dairy had no record of calibration for the dragline waste
application system.
Q. On June 18, 2015, DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV/NOI) to
Timothy A. Smitherman for: 1) improperly operating and maintaining an uncertified waste
storage structure in violation of the CAWMP; 2) failing to maintain required buffers and
setbacks from residence and wells; 3) applying animal waste in a manner which resulted in
excessive ponding.
R. The NOV/NOI was sent by certified mail and received on June 22, 2015. DWR-WSRO received
a response from the violator on July 13, 2015.
S. On September 21, 2015, DWR issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to Timothy A. Smitherman for: 1) improperly operating and maintaining uncertified
waste storage structure in violation of the CAWMP and the permit; 2) failing to make major
changes to the CAWMP; and 3) failing to test and calibrate waste application equipment.
T. The NOV/NOI was sent by certified mail and received by Mr. Smitherman's wife. DWR-WSRO
received a response from the violator on October 23, 2015.
U. The cost to the State of the enforcement procedures in this matter totaled $954.10.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Timothy A. Smitherman, are "persons" within the meaning of N.C.G.S. 143-215.6A pursuant to
N.C.G.S.143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. The above -cited failure to make major changes to the CAWMP as required by the permit, and
operating uncertified animal waste structures which fails to meet NRCS standards violated
Condition No. 1.3. of the General Permit AWG200000.
D. The above -cited failure to maintain a 100-feet buffer between land application area and wells
that is not a monitoring well violated Condition No. 1. 8. of the General Permit AWG200000.
E. The above -cited failure to maintain a 200-feet buffer between a land application area and a
residence not owned by the permittee violated Condition No. 11.20 of General Permit
AWG200000.
F. The above -cited application of animal waste that caused excessive ponding violated Condition
No. 11. 5. of the General Permit AWG200000.
G. The above -cited failure to calibrate the dragline system prior to using it for the application of
animal waste violated Condition No. It. 24. of the General Permit AWG200000. j

H. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of
a permit required by N.C.G.S. 143-215.1.
1. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs of
any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S. 143-
215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
J. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources, has the authority to assess civil penalties in
this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Timothy A. Smitherman, are hereby assessed a civil penalty of:
uV
$ -7000 for violating Condition 1.3. of General Permit AWG200000 by failing to make
major changes to the CAWMP as required by the permit, and operating
uncertified animal waste structures which fails to meet NRCS standards.
sr-
$ sao for violating Condition I.8 of General Permit AWG200000 for failure to
maintain a 100-feet buffer between land application area and wells that is not a
monitoring well.
for violating Condition II.20 of General Permit AWG200000 by failing to
maintain a 200-feet buffer between a land application area and a residence not
owned by the permittee.
$ �a for violating Condition II.5 of General Permit AWG200000 for failure to
prevent application of animal waste that caused excessive ponding.
$ 5-00 for violating Condition 1I.24 of General Permit AWG200000 for failure to test
and calibrate waste application equipment prior to using it.
�J
$ 0C1 o TOTAL CIVIL PENALTY which is percent of the maximum penalty
authorized by N.C.G.S.143-215.6A.
$ 2247.26 Enforcement costs
$ I lam, 26 TOTAL, AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.l(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; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Timothy A. Smitherman,
in accordance with N.C.G.S. 143-215.6(A)(d).
(Date)
Section

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Timothy A. Smitherman
County: Yadkin
Case Number: PC-2015-0028
Permit Number: AWC990012
ASSESSMENT FACTORS
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;
There is no evidence of harm to the natural resources of the State or to public health. To date, there have
been no well samples taken on the adjoining properties on Smithtown Road (i.e. wells within the 100 feet
setback) to determine harm to private property.
2) The duration and gravity of the violation; S4t4 j fj t%A„x
Per Mr. Smitherman and the OIC, the uncertified waste swrH� been in use since 2012. The
permittee has had at least three announced inspections since 2012 at which there was the opportunity to
discuss the use of, and proper certification of the additional waste storage v-,,,juw. S{r. c4%. es
3) The effect on ground or surface water quantity or quality or on air quality;
To date, there is no evidence of a detrimental impact upon ground or surface water quality. The air
quality was impacted, however, for those neighbors with residence located within 200 feet of the
application area. Neighbors with mailboxes located near the area where waste was ponded, were also
affected. The complaint stated that they had to walk in manure to get to their mailbox.
4) The cost of rectifying the damage;
It would cost about $6000 to fill the uncertified structure hole with soil (16 hours x $1001hr for a trackhoe
and $80-$901hr for a loader). If the permittee were to retrofit the structure and bring it up to NRCS
standard it would cost at least $40,000.
5) The amount of money saved by noncompliance;
The violator did not save any money by non-compliance. In fact, it cost Mr. Smitherman several
hundred/thousand dollars to install the: ])concrete drop box into which the animal waste was off-loaded,
2)underground pipe to convey the waste to the uncertified waste structure; and 3)construction of the
uncertified waste structure; and 4) installation of the hydrants for the dragline system at each of the two
uncertified waste structures Mr. Smitherman also spent extra fuel by moving the waste from a certified
structure on the farm to the uncertified structure prior to land application.
6) Whether the violation was committed willfully or intentionally;
Shady Grove Dairy intentionally chose to construct and use the uncertified waste structure. The violator
had three years after construction to bring it up to NRCS standards. At no point during the 2012-2015
compliance inspection did the owner or OIC mention to WSRO staff that a new waste structure had been
constructed or their desire to bring it up to NRCS standard. While investigating the use of the f rst
discovered unpermitted waste structure in June 2015 WSRO staff specifically asked the 01C Jf there `was
anything else we needed to know' and the OIC replied "no. "
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
February 1003-Civil penalty of $1648.85 forfreeboard violation.
November 2006-NOU/NOI for freeboard violation, failure to notify of high freeboard, and failure to
monitor and record weekly waste levels.
8) The cost to the State of the enforcement procedures.
$2247.26
Date Jon aard
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF YADKIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TIMOTHY A. SMITHERMAN
PERMIT NO. AWC990012
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2015-0028
Having been assessed civil penalties totaling $11,247.26 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, January 27, 2016, the undersigned,
desiring to seek remission of the civil penalty, 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 Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of.a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the day of 2016
Signature
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2015-0028 County: Yadkin
Assessed Party: Timothy A. Smitherman
Permit No.: AWC990012 Amount assessed: $11,247.26
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in detennining
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. By law [NCGS 133-215.6A(f)] remission of
a civil penalty may be granted 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 NCGS 143B-282.IN were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or 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 foi);
(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:
\Rem. req.

313-1
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION PRACTICE STANDARD
MWASME#STOWAG EfFIAT ATMY
(No.)
CODE 313
DEFINITION
waste storage impoundment made by
xonstructingtan;ernbarikmentiand/dr
xce avating�a pit:Ofdpg,o_G_t+yifabricating�a��
structure.
PURPOSE
tT5temporarily�store wastes•such^as-manurea
wastewatef,'and contamin d runoff a�s a
�_�. - -
storage.function component df an agFicultu_al
_ _,f6l-
aaste management' system: .i?
CONDITIONS WHERE PRACTICE APPLIES
Where the storage facility is a component of
a planned agricultural waste management
system
• Where temporary storage is needed for
organic wastes generated by agricultural
production or processing
• Where the storage facility can be
constructed, operated and maintained
without polluting air or water resources
CRITERIA
General Criteria Applicable to All Waste
Storage Facilities.
Laws and Regulations. Waste storage
facilities must be planned, designed, and
constructed to meet all federal, state, and local
laws and regulations.
Location. To minimize the potential for
contamination of streams, waste storage
facilities should be located outside of
floodplains. However, if site restrictions
require location within a floodplain, they shall
be protected from inundation or damage from
a 25-year flood event, or larger if required by
laws, rules, and regulations. Waste storage
facilities shall be located so the potential
impacts from breach of embankment,
accidental release, and liner failure are
minimized; and separation distances are such
that prevailing winds and landscape elements
such as building arrangement, landforms, and
vegetation minimize odors and protect
aesthetic values.
• Where soils, geography, topography, and Waste storage facilities should be located as
other site conditions are suitable for close to the source of waste and polluted
construction of the facility runoff as practicable.
. To facilities utilizing embankments with an
effective height of 35 feet or less where
damage resulting from failure would be
limited to damage of farm buildings,
agricultural land, or township and country
roads.
. To fabricated structures including tanks,
stacking facilities, pond appurtenances, and
"hoop roofs," or truss arch shelters.
Non -polluted runoff, from outside drainage
areas, should be excluded from the facility to
the fullest extent possible. Non -polluted runoff
that cannot be excluded shall be included in
the storage volume.
Waste storage facilities should be located as
far from neighbor's dwellings and other public
use places as practical and shall be no closer
than the distances shown in the following
tables.
Conservation practice standards are reviewed periodically, and updated if needed. To obtain
the current version of this standard, contact the Natural Resources Conservation Service
NRCS,NC
February 2009

313- 2
Minimum Distance Table for all Animals Except Swine Facilities Sited Under
General Statute 106 - 801 through 805
is��*� " � ' �
;
i " - Minimum Distance from,�Facilities
a
Priblic or Private Use "'
°rU
OperatioNew
SrWSS0.1,
operatlon or,ezisting' awacilities ° 04/16/87 operation that is enlarging(no
inc°; SSW'°
Any public use area, church,
300 ft. 750 ft.
picnic area playground, etc.
Residence or place of habitation
300 ft. 750 ft.
other than owner or his tenant
"Blue line" or perennial water
100 ft. (New or Expanded) Treatment Facilities
Wells
100 ft. minimum - General Statutes
87-87 & 87-88. 15A02C.0107 (a) (1) (c)
Area specified by state or local
Greater of state/local or NRCS distance shown above
ordinance
' SSLW - Steady State Live Weight = Average weight per unit x number of units @ capacity.
Any exception to the above distances must be approved by the ASTC(FC) with concurrence
from the State Conservation Engineer.
The 750 ft. minimum distance must exist the day of the site investigation. Site evaluations are
valid for 12 months.
Minimum Distance for Swine Operations as Dictated by GS 106 - 801 through 805
(Applies to operations sited on or after 10/01/95)
+ &rLW-afflon
>= 1,500 ft. fromany occupied residence
wine Ho2,500 ft. from any school, hospital, or church
• 500 ft. from any property boundary
50 ftfrom any residential property boundary (any property with a
an Application residence on it)
1{ 50 ft. from any perennial stream or river other than an irrigation ditch
r orcanal
Storage Period. The storage period is the
maximum length of time anticipated between
emptying events. The minimum storage period
shall be based on the timing required for
environmentally safe waste utilization
considering the climate, crops, soil, equipment,
and local, state, and federal regulations.
A minimum of six (6) months storage is
required except when special management
practices or techniques permit otherwise.
In no case shall a design be developed with
less than 60 days of storage volume unless
the design is supported with a detailed, site -
specific water and nutrient budget, approved
NRCS, NC
by an engineer with appropriate job approval
authority. In such case, the hydraulic loading
evaluation and nutrient budget shall be
considered a part of the design of the waste
storage facility.
Design Storage Volume. The design storage
volume equal to the required storage volume,
shall consist of the total of the following as
appropriate:
(a) Manure, excess water, wastewater, and
other wastes accumulated during the
storage period
February 2009

ri
(b) Normal precipitation less evaporation on
the surface area (at the design storage
volume level) of the facility during the
storage period for the time of year which
results in the greatest storage
requirements
(c) Normal runoff from the facility's drainage
area during the storage period
(d) 25-year, 24-hour precipitation on the
surface (at the required design storage
volume level) of the facility
(a) 25-year, 24-hour runoff from the facility's
drainage area
(f) Residual solids after liquids have been
removed. A minimum of 6 inches shall be
provided for tanks
(g) Additional storage as may be required to
meet management goals or regulatory
requirements
Domestic and industrial waste from washdown
facilities, showers, toilets, sinks, etc., shall not
be discharged into waste storage facilities.
Inlet. Inlets shall be of any permanent type
designed to resist corrosion, plugging, freeze
damage and ultraviolet ray deterioration while
incorporating erosion protection as necessary.
If freezing is not a problem, an open inlet, such
as a concrete channel, may be used. If
freezing is a problem, the inlet shall consist of
a pipe having a minimum diameter of 15 cm (6
in) and a minimum slope of 0.5 percent, except
that a minimum diameter of 10 cm (4 in) may
be used for milking center waste. Required
pipe size is to be determined by the designer.
Access should be provided to the pipe for
rodding in case of blockage.
Outlet. No outlet shall automatically release
storage from the required design volume.
Manually operated outlets shall be of
permanent type designed to resist corrosion
and plugging.
Emptying Component. Some type of
component shall be provided for emptying
storage facilities. It may be a facility such as a
gate, pipe, dock, wet well, pumping platform,
retaining wall, or ramp. Features to protect
against erosion, tampering, and accidental
release shall be incorporated as necessary.
313-3
Accumulated Solids Removal. Provisions
shall be made for periodic removal of
accumulated solids to preserve storage
capacity. The anticipated method for doing
this must be considered in planning,
particularly in determining the configuration of
ponds and type of seal, if any.
Safety. Design shall include appropriate
safety features to minimize the hazards of the
facility. Ramps used to empty liquids shall
have a slope of 4 horizontal to 1 vertical or
flatter. Those used to empty slurry, semi -solid,
or solid waste shall have a slope of 10
horizontal to 1 vertical or flatter unless special
traction surfaces are provided. Warning signs,
fences, ladders, ropes, bars, rails, and other
devices shall be provided, as appropriate, to
ensure the safety of humans and livestock.
Ventilation and warning signs must be
provided for covered waste holding structures,
as necessary, to prevent explosion, poisoning,
or asphyxiation. Pipelines shall be provided
with a water -sealed trap and vent, or similar
device, if there is a potential, based on design
configuration, for gases to enter buildings or
other confined spaces. Ponds and uncovered
fabricated structures for liquid or slurry waste
with walls less than 5 feet above ground
surface shall be fenced and warning signs
posted to prevent children and others from
using them for other than their intended
purpose.
Erosion Protection. Embankments and
disturbed areas surrounding the facility shall
have a protective cover of vegetation
established. Temporary vegetation may be
used until permanent vegetation can be
established. Vegetation shall meet or exceed
the criteria in Critical Area Planting (342). The
vegetation shall be fenced, if necessary, for
protection.
Liners and Flexible Membranes. These
items shall meet the criteria in Pond Sealing or
Lining (521).
Erosion and Sediment Control Measures.
Plans for waste storage facilities shall include
temporary measures for the control of erosion
and sedimentation during the construction
period. Permanent vegetation will be
established on all disturbed areas.
NRCS,NC
February 2009

313- 4
Additional Criteria for Waste Storage Ponds
Hazard Classification. The area downstream
of the embankment must be evaluated
carefully to determine the impact from a
sudden breach of the proposed embankment
on both structural and environmental features.
This evaluation must consider all existing
improvements and those improvements that
may reasonably be expected to be made
during the useful life of the structure. The
results of this evaluation provides for the
proper hazard classification of the
embankment. Only hazard class (a)
embankments with a maximum effective height
of 35 feet are to be designed under this
standard. See Engineering Notekeeping, Field
Office Technical Guide Pond Standard (Code
378) or National Engineering Manual 520.21
for guidance concerning documentation of
hazard class determination.
Emergency Action Plan. An Emergency
Action Plan shall be prepared for each waste
storage pond. The plan will outline steps to be
followed in case of an emergency with the
storage pond such as overflow, breaching,
leakage, need for emergency land application,
etc. As a minimum it will contain the following
items for the owner/operator to carry out in the
event of an emergency:
• Call the Division of Environmental
Management (DEM) to report the problem.
Include name and phone number of the
appropriate regional office. If outside
normal business hours, call the NC
Emergency Management Office in Raleigh
and ask them to contact DEM. Give the
name of the facility, location and DEM
registration/ certification number.
• Call 911 or the Sheriffs Department if there
is danger to downstream property
(residences, road, etc.). Include phone
number.
• Contact contractor(s) of owner's choice to
begin repair of problem to minimize off -site
damage. Include names and phone
number(s).
• Contact the technical specialist who certified
the waste storage pond. Include phone
number. If this specialist is no longer
working, contact one who has design
approval.
NRCS, NC
A copy of this plan containing current
telephone numbers must be available at each
site. It should be posted in a readily available
location.
Site Investigation. A detailed site
investigation shall be made for each waste
storage pond prior to design. This
investigation should include, but not be limited
to, evaluations of distance from residences
and other private or public use facility,
proximity to the 100-year floodplain, perennial
streams as shown on the USGS Quad Sheet,
zoning jurisdiction of municipalities, utilities in
the construction area, wetlands, available land
for disposal, soils, and other environmental
factors.
If wetlands may be involved, contact the Corps
of Engineers and/or NRCS for a wetland
determination/delineation. If wetlands are
involved, a 401 water quality certification and a
404 permit may be needed.
During the site investigation or construction
phase, it must be verified that no subsurface tile
lines are present. On sites that are located on
cropland or land that has been cropped in the
past and is land with soil types that respond to
subsurface drainage, an observation trench along
the entire length of the embankment shall be
constructed to a minimum depth of 5 feet. The
observation trench may be excavated during the
soils investigation phase or during construction;
in which case, it may be incorporated into the
cutoff trench. The trench shall have a bottom
width adequate to accommodate the equipment
used for excavation, backfill, and compaction
operations, and the side slopes shall be 1:1 or
flatter. If any tile lines are present in the area of
the embankment they must be removed for a
minimum distance of 15 feet beyond the
embankment toe. If a tile line exists above the
embankment it shall be rerouted around the
pond.
Soil and foundation. The pond shall be
located in soils with an acceptable permeability
that meets all applicable regulation, or the
pond shall be lined. Information and guidance
on controlling seepage from waste
impoundments can be found in the Agricultural
Waste Management Field Handbook
(AWMFH), Appendix 10D.
February 2009

Locate the storage pond on soils of slow to
moderate permeability or on soils that can seal
through sedimentation and biological action.
Avoid gravelly soils and shallow soils over
fractured or cavernous rock.
A detailed soils investigation with special
attention to the water table and seepage
potential must be a part of each design. The
soils investigation must extend at least two feet
below the planned bottom. In the vicinity of the
embankment but not under it, the soils
investigation shall be to a depth equal to the
height of the embankment or until rock is
encountered. When poor foundation
conditions are anticipated, the investigation
shall extend to a depth determined by the
designer.
If adequate rapid self sealing is not probable,
special considerations such as mechanical
treatment, lining, or other techniques must be
considered and addressed in the design. A
liner, or equivalent sealant, is required in SIP,
SW, GP, and GW, or problem soils as
classified according to the Unified Soil
Classification System. A liner is also required
for most SM soils. A determination as to
whether a liner is needed for other soils will be
made during the on -site soils investigation
prior to the design.
If a liner is required and a clay liner is the
sealant of choice, it will be designed and
installed in accordance with Agricultural Waste
Management Field Handbook, Appendix 10-D
- Geotechnical, Design, and Construction
guidelines. Where a liner is required, a
qualified construction inspector must be on site
during construction as necessary to verify
proper liner construction or the liner must be
tested to verify a maximum hydraulic
conductivity of 1.25 x 10-6 cm/sec. (.003
ft/day).
When a liner is not required, the bottom and
cut slopes of the storage pond shall be
scarified to a minimum depth of six (6) inches
and compacted to decrease the permeability of
the soil. Compaction shall be with a
sheepsfoot roller or tamping roller at optimum
moisture content or wetter.
When an embankment is involved, samples of
the proposed fill material should be obtained
and tested. Tests required are at the
313-5
discretion of the designer. The test results
shall be used to determine the design
requirements for the embankment.
Since soils are not always consistent, small
areas of unsatisfactory material which were
not evident during the investigation may be
found during construction. They should be
over excavated and lined with clay or other
suitable sealant material as specified by the
designer. Other sealant or lining techniques
should be planned according to industry
accepted design, installation and operational
procedures appropriate for the selected
technique.
The pond shall have a bottom elevation that is
a minimum of 2 feet above the seasonal high
water table unless features of special design
are incorporated that address buoyant forces,
pond seepage rate and non -encroachment of
the water table by contaminants. The water
table may be lowered by use of perimeter
drains, if feasible, to meet this requirement.
Cutoff Trench. A cutoff of relatively
impervious material shall be provided under
the embankment if necessary for seepage
control. The cutoff shall be located at or
upstream from the centerline of the dam. It
shall extend up the abutments as required and
be deep enough to extend into a relatively
impervious layer or provide for a stable
embankment when combined with seepage
control. The cutoff trench shall have a bottom
width adequate to accommodate the
equipment used for excavation, backfill, and
compaction operations, and the side slopes
shall be 1:1 or flatter.
All foundation cutoffs shall be dewatered
before backfilling.
Maximum Operating Level. The maximum
operating level for waste storage ponds shall
be the pond level that provides for the required
volume less the volume contribution of
precipitation and runoff from the 25-year, 24-
hour storm event plus the volume allowance
for residual solids after liquids have been
removed. A permanent marker shall be
placed in the pool area to clearly indicate the
maximum level of waste that can accumulate
before removal of effluent must be initiated.
The marker shall be referenced and explained
in the O&M plan.
NRCS,NC
February 2009

313- 6
Embankments. The minimum elevation of the
top of the settled embankment shall be 1 foot
above the maximum design liquid surface in
the pond. This height shall be increased by
the amount needed to ensure that the top
elevation will be maintained after settlement.
This increase shall be not less than 5 percent.
The top of the embankment should have a
slight slope away from the pool area to reduce
drainage into the pool.
The minimum top width for embankments are
shown in Table 1. If the embankment top is to
be used as a public road, the minimum width
shall be 16 feet for one-way traffic and 26 feet
for two-way traffic. Guardrails or other safety
measures shall be used where necessary and
shall meet the requirements of the responsible
road authority. When the embankment top is
used as a road, provisions shall be made for
protecting the emergency spillway from
damage.
Table 1 — Minimum Too Widths
Total embankment Top Width,
Height, ft. ft.
up to 20 10
20 — 25 12
25 — 30 14
30-35 15
The side slopes shall be uniform from top to
bottom and shall be stable for soil conditions.
The combined upstream and downstream side
slopes of the settled embankment shall not be
less than 5 horizontal to 1 vertical, and neither
slope shall be steeper than 2 horizontal to 1
vertical Unless supported by a soil
investigation, excavated side slopes shall be
no steeper than 2 horizontal to 1 vertical.
Where embankments are to be mowed, 3:1 or
flatter slopes are recommended.
Compaction of the fill material shall be in
accordance with the specified design
requirements for compaction and moisture
content. As a minimum, compaction shall be
equivalent to, or better than, the following:
• Layers of fill shall not exceed 9 inches in
thickness before compaction.
• Route the hauling and spreading equipment
over the fill in such a manner that every
point on the surface of each layer of fill will
be traversed by not less than one tread
NRCS,NC
track of the loaded equipment traveling in a
direction parallel to the main axis of the fill.
• Clayey soils shall be compacted with a
"sheepsfoot" or tamping roller. (See
Appendix 10-D).
A qualified inspector designated by the
designer must be on site during construction,
as necessary, to verify proper construction.
Testing will be required as deemed necessary
by the inspector.
If needed to protect the face of the
embankment, special measures, such as
berms, rock riprap, sand -gravel, soil cement,
or special vegetation shall be provided (TR-56
and TR-69).
Inlet. Pipes and open inlets that convey waste
to the pond shall be designed and installed in
a manner that will prevent erosion of the pond
side slope. This will be accomplished by:
• extending the pipe or inlet beyond the slope
of the pond,
installing an armoring surface such as rock
riprap or concrete on the slope, or
• using a flexible pipe that will conform to the
surface of the slope and safely convey the
effluent into the pond.
Pipes. If any pipes are to be placed through
the embankment, the location and method of
installation shall be approved by the designer
of the embankment or a technical specialist
designated by the Soil and Water
Conservation Commission to design and
approve waste storage ponds. The installation
shall be certified by the inspector.
Emergency Spillway. Waste storage ponds
having a maximum design liquid level of 3 feet
or more above natural ground shall be
provided with an emergency spillway to
prevent overtopping. The crest of the
emergency spillway shall be located at the
same elevation as the top of the 25-year, 24-
hour storm storage. The emergency spillway
shall be placed in undisturbed soil when
possible. When it must be placed in fill
material, precautions shall be taken to insure
the integrity of the structure.
The emergency spillway shall pass a 25-year,
24-hour storm without overtopping the
embankment. There shall be a minimum of 1
February 2009

foot of freeboard above the designed depth of
flow in the emergency spillway. Where a
primary waste storage pond empties into
another waste storage pond and the liquid
level is positively controlled by an adequately
sized overflow pipe, no emergency spillway is
required for the primary waste storage pond.
Additional Criteria for Fabricated
Structures
Foundation. The foundations of fabricated
waste storage structures shall be proportioned
to safely support all superimposed loads
without excessive movement or settlement.
Where a non -uniform foundation cannot be
avoided or applied loads may create highly
variable foundation loads, settlement should
be calculated from site -specific soil test data.
Index tests of site soil may allow correlation
with similar soils for which test data is
available. If no test data is available,
presumptive bearing strength values for
assessing actual bearing pressures may be
obtained from Table 2 or another nationally
recognized building code. In using
presumptive bearing values, adequate
detailing and articulation shall be provided to
avoid distressing movements in the structure.
Foundations consisting of bedrock with joints,
fractures, or solution channels shall be treated
or a separation distance provided consisting of
a minimum of 1 foot of impermeable soil
between the floor slab and the bedrock or an
alternative that will achieve equal protection.
Table 2 - Presumptive Allowable Bearing
Stress Values'
Foundation
Stress
Crystalline Bedrock 1 12000 psf
Sedimentary Rock 1 6000 psf
Sandy Gravel or Gravel 5000 psf
Sand, Silty Sand, Clayey Sand
Silty Gravel, Clayey Gravel 3000 psf
Clay, Sandy Clay, Silty Clay,
Clayey Silt 1 2000 psf
313-7
' Basic Building Code, 12th Edition, 1993,
Building Officials and Code Administrators,
Inc. (BOCA)
Liquid Tightness. Applications such as
tanks, that require liquid tightness shall be
designed and constructed in accordance with
standard engineering and industry practice
appropriate for the construction materials used
to achieve this objective.
Structural Loadings. Waste storage
structures shall be designed to withstand all
anticipated loads including internal and
external loads, hydrostatic uplift pressure,
concentrated surface and impact loads, water
pressure due to seasonal high water table, and
frost or ice pressure and load combinations in
compliance with this standard and applicable
local building codes.
The lateral earth pressures should be
calculated from soil strength values
determined from the results of appropriate soil
tests. Lateral earth pressures can be
calculated using the procedures in TR-74. If
soil strength tests are not available, the
presumptive lateral earth pressure values
indicated in Table 3 shall be used.
Lateral earth pressures based upon equivalent
fluid assumptions shall be assigned according
to the following conditions:
• Rigid frame or restrained wall. Use the
values shown in Table 3 under the column
"Frame tanks," which gives pressures
comparable to the at -rest condition.
Flexible or yielding wall. Use the values
shown in Table 3 under the column "Free-
standing walls," which gives pressures
comparable to the active condition. Walls
in this category are designed on the basis
of gravity for stability or are designed as a
cantilever having a base wall thickness to
height of backfill ratio not more than 0.085.
Internal lateral pressure used for design shall
be 65 Ib/ft2 where the stored waste is not
protected from precipitation. A value of 60
Ib/ft' may be used where the stored waste is
protected from precipitation and will not
become saturated. Lesser values may be
used if supported by measurement of actual
NRCS,NC
February 2009

CTKR 1
pressures of the waste to be stored. If heavy
equipment will be operated near the wall, an
additional two feet of soil surcharge shall be
considered in the wall analysis.
Table 3 - Lateral Earth Pressure Values'
Equivalent fluid pressure (lb/ft'/ft of depth)
Soil
Above seasonal high
Below seasonal high water table
water table'
Unified
Free-
Frame
Free-
Frame
Description
Classification`
standing
tanks
standing
tanks
walls
walls
Clean gravel, sand or
sand -gravel mixtures
GP, GW, SP, SW
30
50
80
90
maximum 5°/u fines e
Gravel, sand, silt and
All gravel sand dual
lay mixtures (less than
symbol classifications
50% fines)
and GM, GC, SC, SM,
Coarse sands with siltSC-SM
35
60
80
100
and and/or clay (less
than 50% fines
Low -plasticity silts and
lays with some sand
and/or gravel (50% or
CL, ML, CL-ML
more fines)
Sc, SM, SC-SM
Fine sands with silt
45
75
90
105
and/or clay (less than
50% fines
Low to medium plasticity
silts and clays with little
and and/or gravel (50%
r more fines)
CL, ML, CL-ML
65
85
95
110
High plasticity silts and
lays (liquid limit more
H, MH
-
-
-
-
than 50
For lightly -compacted soils (85% to 90% maximum standard density.) Includes compaction by use of typical
farm equipment.
Also below seasonal high water table if adequate drainage is provided.
Includes hydrostatic pressure.
All definitions and procedures in accordance with ASTM D 2488 and D 653.
Generally, only washed materials are in this category
Not recommended. Requires special design if used.
Tank covers shall be designed to withstand
both dead and live loads. The live load values
for covers contained in ASAE EP378.3, Floor
and Suspended Loads on Agricultural
Structures Due to Use, and in ASAE EP 393.2,
Manure Storages, shall be the minimum used.
The actual axle load for tank wagons having
NRCS,NC
more than a 2,000 gallon capacity shall be
used.
If the facility is to have a roof, snow and wind
loads shall be as specified by local building
code. Where local building code does not
govern, the loads shall be as specified in
February 2009

7/
ASAE EP288.5, Agricultural Building Snow
and Wind Loads. If the facility is to serve as
part of a foundation or support for a building,
the total load shall be considered in the
structural design.
Structural Design. The structural design
shall consider all items that will influence the
performance of the structure, including loading
assumptions, material properties and
construction quality. Design assumptions and
construction requirements shall be indicated
on standard plans.
Tanks may be designed with or without covers.
Covers, beams, or braces that are integral to
structural performance must be indicated on
the construction drawings. The openings in
covered tanks shall be designed to
accommodate equipment for loading, agitating,
and emptying. These openings shall be
equipped with grills or secure covers for
safety, and for odor and vector control.
All structures shall be underlain by free
draining material or shall have a footing
located below the anticipated frost depth.
Fabricated structures shall be designed
according to the criteria in the following
references as appropriate:
• Steel: "Manual of Steel Construction",
American Institute of Steel Construction.
• Timber: "National Design Specifications
for Wood Construction", American Forest
and Paper Association.
• Concrete: "Building Code Requirements
for Reinforced Concrete, ACI 318",
American Concrete Institute.
• Masonry: "Building Code Requirements
for Masonry Structures, ACI 530",
American Concrete Institute.
Slabs on Grade. Slab design shall consider
the required performance and the critical
applied loads along with both the subgrade
material and material resistance of the
concrete slab. Where applied point loads are
minimal and liquid -tightness is not required,
such as barnyard and feedlot slabs subject
only to precipitation, and the subgrade is
uniform and dense, the minimum slab
thickness shall be 4 inches with a maximum
joint spacing of 10 feet. Joint spacing can be
313-9
increased if steel reinforcing is added based
on subgrade drag theory.
For applications where liquid -tightness is
required such as floor slabs of storage tanks,
the minimum thickness for uniform foundations
shall be 5 inches and shall contain distributed
reinforcing steel. The required area of such
reinforcing steel shall be based on subgrade
drag theory as discussed in industry guidelines
such as American Concrete Institute, ACI 360,
"Design of Slabs -on -Grade".
When heavy equipment loads are to be
resisted and/or where a non -uniform
foundation cannot be avoided, an appropriate
design procedure incorporating a subgrade
resistance parameter(s) such as ACI 360 shall
be used.
Additional Criteria for "Hoop Roof" Structures
General. In addition to the applicable criteria
for fabricated structures, the following criteria
shall be met.
Foundation. The foundation shall be
designed, approved, and sealed by a
professional engineer licensed to practice
engineering in North Carolina.
Walls. Engineered pony walls shall be
constructed along the sides for the purposes of
fastening the trusses and supporting the waste
stored in the structure. The walls shall meet
the manufacturer's design requirements.
Design. The design of the "Hoop Roof' (truss
arch shelter) shall be approved and sealed by
a professional engineer licensed to practice
engineering in the state of North Carolina.
Construction. The construction of the "Hoop
Roof" structure shall be approved by a
professional engineer licensed to practice
engineering in the state of North Carolina.
CONSIDERATIONS
Freeboard for waste storage tanks should be
considered.
Solid/liquid separation of runoff or wastewater
entering storage facilities should be
considered to minimize the frequency of
accumulated solids removal and to facilitate
pumping and application of the stored waste.
NRCS,NC
February 2009

Ink,
313- 10
Due consideration should be given to
environmental concerns, economics, the
overall waste management system plan, and
safety and health factors.
NRCS,NC
February 2009

Considerations for Minimizing the Potential
for and Impacts of Sudden Breach of
Embankment or Accidental Release from
the Required Volume.
Features, safeguards, and/or management
measures to minimize the risk of failure or
accidental release, or to minimize or mitigate
impact of this type of failure should be
considered when any of the categories listed in
Table 4 might be significantly affected.
The following should be considered either
singly or in combination to minimize the
potential of or the consequences of sudden
breach of embankments when one or more of
the potential impact categories listed in Table 4
may be. significantly affected:
1. An auxiliary (emergency) spillway
2. Additional freeboard
3. Storage for wet year rather than normal
year precipitation
4. Reinforced embankment -- such as,
additional top width, flattened and/or
armored downstream side slopes
5. Secondary containment
Table 4 - Potential Impact Categories from
Breach of Embankment or Accidental
Release
1. Surface water bodies -- perennial streams,
lakes, wetlands, and estuaries
2. Critical habitat for threatened and
endangered species.
3. Riparian areas
4. Farmstead, or other areas of habitation
5. Off -farm property
6. Historical and/or archaeological sites or
structures that meet the eligibility criteria
for listing in the National Register of
Historical Places.
The following options should be considered to
minimize the potential for accidental release
from the required volume through gravity
outlets when one or more of the potential
313 - 11
impact categories listed in Table 4 may be
significantly affected:
1. Outlet gate locks or locked gate housing
2. Secondary containment
3. Alarm system
4. Another means of emptying the required
volume
Considerations for Minimizing the Potential
of Waste Storage Pond Liner Failure.
Sites with categories listed in Table 5 should
be avoided unless no reasonable alternative
exists. Under those circumstances,
consideration should be given to providing an
additional measure of safety from pond
seepage when any of the potential impact
categories listed in Table 5 may be
significantly affected.
Table 5 - Potential Impact Categories for
Liner Failure
1. Any underlying aquifer is at a shallow
depth and not confined
2. The vadose zone is rock
3. The aquifer is a domestic water supply
or ecologically vital water supply
4. The site is located in an area of
solutionized bedrock such as
limestone or gypsum.
Should any of the potential impact categories
listed in Table 5 be affected, consideration
should be given to the following:
1. A clay liner designed in accordance with
procedures of AWMFH Appendix 10D with
a thickness and coefficient of permeability
so that specific discharge is less than 1 x
10-8 cm/sec
2. A Flexible membrane liner over a clay liner
3. A geosynthetic clay liner (GCQ Flexible
membrane liner
4. A concrete liner designed in accordance
with slabs on grade criteria for fabricated
structures requiring water tightness
NRCS, NC
February 2009

313- 12
Considerations for Imorovino Air Quali
To reduce emissions of greenhouse gases,
ammonia, volatile organic compounds, and
odor, other practices such as Anaerobic
Digester — Ambient Temperature (365),
Anaerobic Digester — Controlled Temperature
(366), Waste Facility Cover (367), and
Composting Facility (317) can be added to the
waste management system.
An anaerobic lagoon instead of a waste
storage pond should be considered for sites
located in rural areas where odors are a
concern. This should be especially considered
where odors would affect neighboring farms
having enterprises that do not cause odors
and/or neighbors who earn a living off -farm.
The recommended loading rate for anaerobic
lagoons at sites where odors must be
minimized is one-half the values given in the
AWMFH Figure 10-22.
Adjusting pH below 7 may reduce ammonia
emissions from the waste storage facility but
may increase odor when waste is surface
applied (see Waste Utilization, 633).
Some fabric and organic covers have been
shown to be effective in reducing odors.
For sites located near urban areas, practices
such as the following should be considered to
reduce odor emissions:
• Covering the storage facility with a suitable
cover
• Using naturally aerated or mechanically
aerated lagoons
• Using composting in conjunction with a solid
waste system rather than a liquid or slurry
system
• Using a methane digester and capture
system
NRCS,NC
PLANS AND SPECIFICATIONS
Plans and specifications shall be prepared in
accordance with the criteria of this standard
and shall describe the requirements for
applying the practice to achieve its intended
use.
OPERATION AND MAINTENANCE
An operation and maintenance plan shall be
developed that is consistent with the purposes
of the practice, its intended life, safety
requirements, and the criteria for its design.
The plan shall contain the operational
requirements for emptying the storage facility.
This shall include the requirement that waste
shall be removed from storage and utilized at
locations, times, rates, and volume in
accordance with the overall waste
management system plan.
In addition, for ponds, the plan shall include an
explanation of the permanent marker installed
to indicate the maximum operating level.
The plan shall include a strategy for removal
and disposition of waste with the least
environmental damage during the normal
storage period to the extent necessary to
insure the facility's safe operation. This
strategy is for the removal of the contribution of
unusual storm events that may cause the
faciltiy to fill to capacity prematurely with
subsequent design inflow and usual
precipitation prior to the end of the normal
storage period.
Development of an emergency action plan
should be considered for waste storage
facilities where there is a potential for
significant impact from breach or accidental
release. The plan shall include site -specific
provisions for emergency actions that will
minimize these impacts.
February 2009

National Conservation Practice Standards I NRCS
.,
Page 1 of 2
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National Conservation Practice Standards
I National conservation practice standards are presented in a table, In alphabetical order by practice name. The
table also contains links to:
> Conservation practice Information sheets
> Conservation Practice Physical Effects (CPPE) worksheets
*Conservation practice job sheets
> National templates for statements of work associated with each conservation practice
.I > Network effects diagrams
i
Updated or new National conservation practice standards are released with National Handbook of Conservation
Practices (NHCP) notices. The NHCP notices are maintained in eDirectives.
New National Conservation Practice Standards
j Conservation Practice Standard 605 - Denitrlfying Bloreactor Fact sheet (PDF, 2.09 MB)
Conservation Practice Standard 605 - Denitrlfying Bloreactor Producer Highlights (PDF, 1.23 MB)
Conservation Practice Standards
rThe conservation practice standard contains Information on why and where the practice Is applied, and It sets
forth the minimum quality criteria that must be met during the application of that practice In order for it to
T
achleve its intended purpose(s).
State conservation practice standards are available through the Field Office Technical Guide (FOTG). If no state
conservation practice standard Is available In the FOTG, you should contact the appropriate State Office or your
local USDA Service Center.
NOTICE - National Conservation Practice standards should not be used to plan, design or Install a conservation
practice. You must have the conservation practice standard developed by the state In which you are working to
Insure that you meet all state and local criteria, which may be more restrictive than national criteria.
Conservation Practice Information Sheet
The conservation practice Information sheet contains a photograph of the Installed practice, plus a definition or
description of the practice, where It Is commonly used and a brief description of the conservation effects of this
practice when It Is properly applied.
Conservation Practice Physical Effects
The conservation practice physical effects (CPPE) document provides guidance on how the application of that
practice will affect the resources (soil, water, air, plants, animals and human) and the resource concerns
associated with each of those resources. The worksheet that is on the server reflects the best estimate of the
effects, either positive or negative, of that practice on the resource concerns. A National CPPE tool for selecting
conservation practices Is available here.
Conservation Practice Job Sheets
The conservation practice job sheets provide detailed guidance on the application of the practice and contain
worksheets that can be used to document the practice plan and design for a specific site. National conservation
practice job sheets are avallable for a limited number of practices.
National Statement of Work
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National Conservation Practice Standards I NRCS
Page 2 of 2
There are five additional national templates for Statements of Work that are not directly associated with
conservation practices: 1) Conservation Planning, 2) Comprehensive Nutrient Management Planning, 3) Cultural
Resources Archival Research, 4) Cultural Resources Identification Surveys and 5) Cultural Resources Evaluations.
The national statement of work templates are to be used only by NRCS state offices to develop a statement of
work for each state conservation practice standard. The state-speclFlc statement of work documents are avallable
through the Field Office Technical Guide (FOTG). If no statement of work Is available in the FOTG for the
conservation practice in question, you should contact the appropriate State Office or your local USDA Service
Center.
Network Effects Diagrams
NRCS prepares network diagrams of featured practices, or related sets of practices which act together to achieve
desired purposes. Network diagrams are Flow charts of direct, Indirect and cumulative effects resulting from
Installation of the practices. Completed network diagrams are an overview of expert consensus on the direct,
Indirect and cumulative effects of installing proposed practice Installation. They show the potential positive and
negative outcomes of practice installation, and are useful as a reference point for next steps, and as a
communication tool with partners and the public.
http://www.nres.usda.gov/wps/portal/nres/detail/national/technical/?cid=NRCSDEVl1 001020 7/14/2016

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Field Calibration Procedures for Animal
Wastewater Application Equipment
HOSE -DRAG Hose -drag -type equipment has gained popularity in recent years for land
Wastewater application of wastewater' in North Carolina. It offers several advantages
Equipment over traditional irrigation systems including odor reduction, nitrogen
conservation, and a relatively high flow rate that cuts the application time.
Hose -drag systems may also be used totapply wastewater to areas not ac-
cessible by traditional irrigation equipment: For more details on hose drag
systems including tables of application depths for various tractor speeds and
equipment widths refer to Extension publication AG-634, Hose Drag Systems
for Land Application of Liquid Manure and Wastewater.
State law requires field calibration of all land application equipment used
on animal production farms. Specialists certifying animal waste manage-
ment plans must also certify that operators have been provided calibration
and adjustment guidance for all land application equipment.
1 Wastewater in this publication refers to both liquid manure and municipal and industrial wastewater.
General Guidelines their discharge points. Since these two basic types
Several factors determine the distribution of liquid of hose -drag units should be operated with different
wastewater from hose -drag land application equip- : overlap, application rates will differ depending upon
the overlap or "effective application width" chosen
ment:
by the operator.
4 flow rate
operating pressure
the speed of the tractor pulling the unit
• overlap of adjacent passes made by the equip-
ment
This publication explains calibration procedures
for the "low -profile -type" discharge system (Figure
1) and a "boom -type" system. (Figure 2). The two
systems have different spread patterns. The low -
profile -type units discharge close to the ground
either through hooded shrouds or splash plates
and do not spread much beyond their physical
width. They are normally run "edge to edge" in
adjacent passes. Boom -type units discharge from
a slightly higher elevation under slightly more
pressure. Wastewater goes substantially beyond
Figure 1. Hose drag application unit (low -profile -
type).

HOSE -DRAG
WASTEWATER EQUIPMENT
Figure 2. Hose drag (boom -type) unit is shown in
these two photos.
The calibration of hose -drag -type equipment
involves:
1. Verifying tractor speed.
2. Measuring flow rate to the equipment.
3. Establishing the effective application width.
4. Measuring the wetted_width=of.a.s ngle pass„and,
of two adjacent passes.for_boom_tyge=units in
order to establish an effective -..width. -The wetted
width of boom -type units can vary with boom
height, nozzle pressure, and with adjustment of
splash -plate angle if so equipped.
5. Figuring the average application depth.
6. Comparing the average application depth to the
depth allowed in the waste utilization plan. Vari-
ables (usually tractor speed) are adjusted as needed
so that actual application depth does not exceed
the allowed depth in the approved plan.
Average application depth in inches can be ob-
tained using:
Equation 1:
Depth= Flow rate in gallons per minute
54.9 x Effective width in feet x Tractor speed in miles per hour
The effective width is the distance between the
centerlines of adjacent passes of the unit. For "low -
profile -type" units, the effective width is essentially the
advertised size of the hose drag systems. Typical widths
for these systems are 8, 10, 12, 15, and 20 feet. Tables
showing applied depth for low -profile -type units of the
above listed widths can be found in Table 1.
For boom -type units, the effective width is deter-
mined in the field by measuring the distance between
centerlines of adjacent passes of the unit. Convert
depths obtained from the equation above or to gal-
lons per acre by multiplying by 27,154.
Once the application depth has been determined,
the tractor speed may need to be adjusted to meet
requirements in the waste utilization plan. To find
the tractor speed in miles per hour required to apply a
desired application depth, use:
Equation 2:
Speed = Flow rate in gallons per minute
54.9 x Application depth in inches x Effective width in feet
While application depths up to 1 inch are allowed
in some waste utilization plans, do not apply more
than 0.75 inch during any given application. Limits
set by the waste utilization plan and existing soil
moisture conditions will determine maximum ap-
plication depths.
Flow rates are determined from a flow meter that
may be permanently mounted on the hose -drag unit
upstream of the distribution box or manifold, or
temporarily placed inline with the hose supplying the
hose -drag unit. If using a hose reel with a temporar-
ily placed meter, position the flow meter between the
hydrant and the reel.

Field Procedure
The field procedure consists of 1) measuring tractor
speed, 2) measuring flow rate, and 3) for boom -type
systems, measuring effective width. Enter collected in-
formation into the appropriate field data sheet (Figure
5 for low -profile type units and Figure 6 for boom -type
units).
Determining Tractor Speed, S
(See Figure 3)
(You will need flags, a stop watch or watch with sec-
ond hand, and a tape measure or measuring wheel).
Repeat steps 2 through 4 below and average the two
measured speeds.
1. Measure a distance over a relatively flat area where
application will occur. A minimum distance of 100
feet is recommended. Set flags at each end.
2. Operate tractor with unit and hose attached, but
no wastewater being discharged, to establish a
targeted speed. Record gear range and gear, throttle
setting (rpm), and speedometer reading (if tractor
has a speedometer).
3. Record the time is takes for the unit to cover the
distance established in step 1. Make sure to start
and stop your watch at either end of the run at a
commbn point of reference on the unit, such as
when the front axle of the tractor passes the flag.
4. Calculate tractor speed. Tractor speed in miles per
hour can be calculated by using:
I
Equation 3:
Distance in feet
Seconds it takes to cover distance x 1.47
If you use a distance of 100 feet, get tractor speed
by dividing 68.18 by the seconds it takes to cover 100
feet.
Determining Flow Rate, Q:
(You will need a flow meter and a stop watch or
watch with a second hand.)
Determine flow rate by either 1) recording the in-
stantaneous flow rate or 2) by using the flow totalizer
and elapsed time. Measure flow rate with•the unit in
motion to avoid over -application and after determin-
ing tractor speed as outlined in the previous section.
1. Run the system in motion until all air is out of
the mainline and hose, and the flow rate has been
stabilized as shown by the flow rate needle or the
digital readout on flowmeter. If a hose reel is used
to supply wastewater, record the pressure at the
reel. If a reel is not used, record the pressure at the
pump.
2a. Record instantaneous flow rate in gallons per min-
ute (gpm).
OR
2b. Subtract beginning flow totalizer reading from
ending flow totalizer reading for a time period not
less than 15 minutes. Convert to gpm by dividing
gallons by elapsed time in minutes. When reading
6
Record time (T), sec. to
travel distance (L) ft.
a
Figure 3. When determining tractor speed, travel distance (L) should be at least 100 feet.

HOSE -DRAG
WASTEWATER EQUIPMENT
the totalizer, make sure to note the value of the
last (farthest right) digit. Often this digit indicates
hundreds of gallons, in which case the totalizer
number needs to be multiplied by 100.
Note: Step 2b should be used rather than 2a if
the instantaneous flow rate varies by more than 10
percent after all the air has been purged from the sys-
tem and the flow has stabilized. For flow meters with
needles (normally propeller -type), this is indicated by
a "bouncing" needle.
Determining Effective Width, We (See
Figures 4a, 4b, and 4c):
(You will need flags and a tape measure or measur-
ing wheel.)
Low -profile —type units
For "low -profile" -type units (Figure 1 and Figure
4a) operated with little to no overlap (edge -to -edge),
simply record the advertised width. This width is
roughly the width of the unit.
Boom -type units
It is not as easy to determine the effective width
for boom -type units (Figures 2, 4b, and 4c). To
achieve consistent application uniformity between
adjacent passes, the distance between the nozzles in
adjacent passes should be the same as the fixed dis-
tance between the nozzles on the boom. This requires
a tractor pass spacing equal to the number of nozzles
on the boom times the distance between the nozzles
("N" in Figure 4b) . For the case with two nozzles the
effective width should be 2 x N . If the field mea-
sured effective width calculated in the following steps
differs by more than 15 percent of this target value,
adjust the pass distance.
For boom -type units, the wetted widths measured
in step 2 will depend upon nozzle pressure, boom
height, and angle of the splash plates. If boom height
and splash plate angle are adjustable, make note of
these settings as an adjustment will alter the wet-
ted width and, therefore, the calibration. Boom -type
units may also be subject to drift, so calibration of
these units should be done in wind speeds of 5 mph
or less.
1. Measure the distance between the fixed nozzles.
Multiply this distance by the number of nozzles
on the boom to obtain the target effective width.
2. For boom -type units (see Figure 2 and Figure 4b)
that spread wastewater an appreciable distance
from the nozzle:
a. Measure the wetted width of a single pass (Wm)
b. Measure the wetted width of two adjacent passes
(W2m )
Repeat steps 2a. and 2b. twice for a total of three
measurements each. Take these measurements at least
25 feet from each other, and average both wetted
width measurements.
The effective width (W�) is:
Equation 4:
We = W2m — Wm
The tractor speed, flow rate, and effective width
measurements are used to calculate application depth
in the field data sheet or with Equation 1. Data from
the field data sheet may be used with Equation 2 to
determine the target tractor speed to achieve a desired
application depth.
Interpretation and Adjustments
Compare the calculated application depth against
the depth allowed in the animal waste utilization
plan, and against any problems observed in the field.
If either the application depth measured in the field
is greater than the limit in the waste utilization plan,
or runoff occurs on the field, the application rate is
too high. To reduce the application rate, increase the
tractor speed. The target tractor speed may be calcu-
lated from Equation 2 using the system flow rate and
effective width determined in the field procedure.
If the application rate is less than desired (and
under the permitted limit), reduce tractor speed to
increase the application rate. After adjusting the trac-
tor speed, verify the new speed using the procedure
previously described. In no case should the applica-
tion rate allow ponding or runoff, regardless of the
permitted limit.

a.
:�--N ►:
(target We= 2 x N)
Figure 4. Determination of a.) effective width (We) for low -profile -type hose drag units; b.) target effective
width for a 2 nozzle boom example, and c.) field -determined effective width for boom -type hose drag units.
To achieve consistent application uniformity,
boom -type units should be driven such that the dis-
tance between nozzles in adjacent passes is about the
same as the distance between the fixed nozzles on the
boom (see Figure 4). In this case the target effective
width (target W�), the distance between the centerline
of the tractor in two adjacent passes, is equal to the
number of nozzles on the boom times the distance
between the fixed nozzles (N). If the field -measured
effective width (VQ calculated in Equation 4 differs
by more than 15 percent from the target value, adjust
the pass width.
E�

HOSE -DRAG
WASTEWATER EQUIPMENT
Hose Drag System Calibration Data Sheet for "low -profile" units
Date: Land Owner:
1. Determine Tractor Speed,-S:
a. Distance ft
Farm No.
Trial Trial
b. Elapsed time sec. sec.
(a)
c. Tractor speed = _
(b) X 1.47
2(_,Determine Flow Rate, Q
Pressure (Pump) psi Reel psi
g. Instantaneous flow rate gpm
or...
d. Ending totalizer reading gallons
e. Beginning totalizer reading gallons
f. Elapsed time between odometer readings min.
Ending odometer reading (d)— beginning odometer reading (e)
g. Flow rate = _
Elapsed time (f)
Effective Width, W._I
Low -profile units (see Figures 1 and 4a)
h. Effective width ft.
CApplicatio7n epth—D_� —
54.9 X
(g) gpm
(h) We X (c) speed
Figure 5. Field Data Sheet for "low -profile" units
Average
t
e
mph
gpm
inches
R
I
7

Hose Drag System Calibration Data Sheet for "boom -type" units
Date: Land Owner: Farm No.
t: Determine Tractor_Speed,S:
a. Distance ft
Trial Trial Average
b. Elapsed time sec. sec.
(a)
c. Tractor speed = =
(b) X 1.47
2.(Determine.Flow_Rate; Q.
Pressure (Pump) f psi Reel psi
g. Instantaneous flow rate gpm
or...
d. Ending totalizer reading gallons
e. Beginning totalizer reading gallons
f. Elapsed time between odometer readings min.
Ending odometer reading (d) — inning odometer reading (e)
g. Flow rate =
Elapsed time (f)
Effective -Width, W�,
Boom -type units (see Figures 2, 4b, and 4c)
h. Distance between nozzles (N) ft. i. Number of nozzles
Target W� _ (i) X (h) = ft.
Distance boom to ground in. Splash plate angle from horizontal
Trial Trial Trial Average
j. Wetted Width of 1 pass (Wj, ft.
k. Wetted Width of 2 passes (W,m) ft.
I. Measured We = W,m (k) - (W,m) = ft.
Appllcatlon.Depth D
(9) 9pm
54.9 X (i)We X (c) speed
Figure 6. Field Data Sheet for "boom -type" units
Nam —
b
degrees
n
mph
d
C 'g
inches
I

HOSE -DRAG
WASTEWATER EQUIPMENT
Table 1. Application depths (inches) for 8-foot hose drag waste application systems by discharge and tractor speed
Note: To obtain gallons per acre, multiply application depth (inches) in table by 27,154, Application depths to 1.00 inch are shown but
applications greater than 0.75 inch are not recommended.
Tractor S aed (mph)
Ischo a m)
0.5
1
1.5
2
2.5
3
3.5
4
200
0.91
0.46
030
0.23
0.18
0.15
0.13
0.11
225
0.51
0.34
0.26
0.21
0.17
0.15
0.13
250
0.57
0.38
018
0.23
0.19
0.16
0.14
275
0.63
0.42
0.31
0.25
0.21
0.18
0.16
300
0.68
0.46
0.34
0.27
0.23
0.20
0.17
325
0.74
0.49
0.37
0.30
0.25
0.21
0.19
350
0.90
0.53
0.40
0.32
0.27
0.23
0,20
375
0.85
0.57
0.43
0.34
0.28
0.24
011
400
0.91
0.61
0.46
0.36
0.30
0.26
0.23
425
0.97
0.65
1 0.48
0.39
0.32
0.28
0.24
450
0.68
0.51
0A1
0.34
0.29
0.26
475
0.72
0.54
0.43
0.36
0,31
0.27
500
0.76
0.57
0.46
0.38
0.33
0.28
525
0.80
0.60
0.48
0.40
0.34
0.30
550
0.84
0.63
0.50
0.42
0.36
0.31
575
0.87
0.66
0.52
0.44
0.37
0.33
600
0.91
0.68
0.55
0.46
0.39
0.34
625
0.95
0.71
0.57
OA7
0.41
0.36
650
0.99
0.74
O.S9
0.49
0.42
0.37
675
0.77
0.62
0.51
0.44
0.38
700
0.80
0.64
0.53
0.46
0.40
725
0.83
0.66
0.55
0.47
0.41
750
0.85
0.68
0.57
0.49
0.43
775
0.88
0,71
0.59
0.50
0.44
800
0.91
0.73
0.61
0.52
0.46
825
-
-
-
0.94
0.75
0.63
0.54
0.47
850
0.97
1 0.77
0.65
0.55
OAS
875
1.00
1 0.80
0.66
0.57
0.50
900
0.82
00
0.59
1 0.51
Table 2. Application depths (inches) for 10-foot hose drag waste application systems by discharge and tractor speed
Note: To obtain gallons per acre, multiply application depth (inches) in table by 27,754. Application depths to 7.00 inch are shown but
applications greater than 0.75 inch are not recommended.
Tmaor S aed (.Ph)
Ischo a m
0.5
1
1.5
2
2.5
3
3.5
4
200
0.73
0.36
014
0.18
0.15
0.12
0.10
0.09
225
0.92
0.41
0.27
0.21
0.16
0.14
0.12
0.10
250
0.91
0.46
0.30
0.23
0.18
0.15
0.13
0.11
275
1.00
0.50
0.33
0.25
0.20
0.17
0.14
0.13
300
0.55
0.36
0.27
0.22
0.18
0.16
0.14
325
0.59
0.39
0.30
0.24
0.20
0.17
0.15
350
0.64
0.43
0.32
0.26
0.21
0.18
0.16
375
0.68
0.46
0.34
0.27
0.23
0.20
0.17
400
0.73
0.49
0.36
0.29
0.24
0.21
0.18
425
0.77
0.52
0.39
0.31
0.26
0.22
0.19
450
0.82
0.35
0.41
0.33
0.27
0.23
0.21
475
0.87
0.58
0.43
0.35
0.29
0.25
0.22
500
0.91
0.61
1 0.46
0.36
0.30
0.26
0.23
525
0.96
0.64
0.48
0.38
0.32
0.27
0.24
550
1.00
0.67
0.50
0.40
0.33
0.29
0.25
575
0.70
0.52
0.42
0.35
0.30
0.26
600
0.73
0.55
0.44
036
0.31
0.27
625
0.76
0.57
0.46
0.38
0.33
0.28
650
0.79
0.59
0.47
0.39
0.34
0.30
675
0.82
0.62
0.49'
0.41
0.35
0.31
700
0.85
0.64
051
0.43
0.36
0.32
725
0.88
0.66
0.53
OA4
0.38
0.33
750
0.91
0.68
0.55
0.46
0.39
0.34
775
0.94
1 0.71
0.57
0.47
0.40
0.35
800
0.97
0.73
0.58
0.49
0.42
0.36
825
1.00
0,75
0.60
0.50
0.43
0.38
850
0.77
0.62
0.52
0.44
0.39
875
0.80
0.64
0.53
0.46
0.40
900
0.82
0.66
0.55
0.47
1 0.41

Table 3. Application depths (inches) for 12-foot hose drag waste application systems by discharge and tractor speed
Note: To obtain gallons per acre, multiply application depth (inches) in table by 27,154. Application depths to 1,00 inch are shown but
applications greater than 0.75 inch are not recommended.
Tractor 3 cad (mph)
Discharge m
0.5
1
1.5
2
2.5
3
3.5
4
300
0.91
0.46
0.30
0.23
0.18
0.15
0.13
0.11
325
0.99
0.49
0.33
0.25
0.20
0.16
0.14
0.12
350
0.53
0.35
0.27
0.21
0.18
0.15
0.13
375
0.57
0.38
0.28
0.23
0.19
0.16
0.14
400
0.61
0.41
0.30
0.24
0.20
0.17
0.15
425
0.65
0.43
0.32
0.26
0.22
0.18
0.16
450
0.68
0.46
0.34
0.27
0.23
0.20
0.17
475
0.72
0.48
0.36
0.29
0.24
0.21
0.18
500
0.76
0.51
0.38
0.30
0.25
0.22
0.19
525
0.80
0.53 1
0.40
0.32
1 0.27
0.23
0.20
550
0.84
0.56
0.42
0.33
0.28
0.24
0.21
575
0.87
0.58
0.44
0.35
0.29
0.25
0.22
600
0.91
0.61
0.46
0.36
0.30
0.26
0.23
625
0.95
0.63
0.47
0.38
0.32
0.27
0.24
650
0.99
0.66
0.49
0.39
0.33
0.28
0.25
675
0.68
0.51
0.41
0.34
0.29
0.26
700
0.71
0.53
0.43
0.35
0.30
0.27
725
0.73
0.35
0.44
0.37
0.31
0.28
750
0.76
0.57
0.46
0.38
0.33
0.28
775
0.78
0.59
0.47
0.39
0.34
0.29
800
0.91
1 0.61
0.49
1 0.41
0.35
0.30
825
0.84
0.63
0.50
0.42
0.36
0.31
850
0.86
0.65
0.52
0.43
0.37
0.32
875
0.89
0.66
0.53
0.44
0.38
0.33
900
0.91
0.68
0.55
0.46
0.39
0.34
925
0.94
0.70
0.56
0.47
0.40
0.35
950
0.96
0.72
0.58
0.48
0.41
0.36
975
0.99
0.74
0.39
0.49
0.42
0.37
1,000
0.76
0.61
0.51
0.43
1 0.38
Table 4. Application depths (inches) for 15-foot hose drag waste application systems by discharge and tractor speed
Note: To obtain gallons per acre, multiply application depth (inches) in table by 27,154. Application depths to 1.00 inch are shown but
applications greater than 0.75 inch are not recommended.
Tractors ad(m h
Itcha a m
0.5
1
1.5
2
2.5
3
3.5
4
300
0.73
0.36
0.24
0.18
0.15
0.12
0.10
0.09
325
0J9
0.39
0.26
0.20
0.16
0.13
0.11
0.10
350
0.85
0.43
0.28
0.21
0.17
0.14
0.12
0.11
375
0.91
0.46
0.30
0.23
0.18
0.15
0.13
0.11
400
0.97
0.49
0.32
0.24
0.19
0.16
0.14
0.12
425
0.52
0.34
0.26
0.21
0.17
0.15
0.13
450
0.55
0.36
0.27
0.22
0.18
0.16
0.14
475
058
0.39
0.29
0.23
0.19
0.16
0.14
500
0.61
0.41
0.30
0.24
0.20
0.17
0.15
525
0.64
0.43
1 0.32
0.26
1 0.21
0.18
0.16
550
0.67
0.45
0.33
0.27
0.22
0.19
0.17
575
0.70
0.47
0.35
0.28
0.23
0.20
0.17
600
0.73
0.49
0.36
0.29
0.24
0.21
0.18
625
0.76
0.51
0.38
0.30
0.25
0.22
0.19
650
0.79
0.53
0.39
0.32
0.26
0.23
0.20
675
0.82
0.55
0.41
0.33
0.27
0.23
0.21
700
0.85
0.57
0.43
0.34
0.28
0.24
0.21
725
0.88
0.59
0.44
0.35
0.29
0.23
0.22
750
0.91
0.61
0.46
0.36
0.30
0.26
0.23
775
0.94
0.63
0.47
0.38
0.31
0.27
0.24
800
0.97
0.65
1 0.49
0.39
0.32
0.28
0.24
925
1.00
0.67
0.50
0.40
0.33
0.29
0.25
850
0.69
0.52
0.41
0.34
0.30
0.26
875
0.71
0.53
0.43
0.35
0.30
0.27
900
0.73
0.55
0.44
0.36
0.31
0.27
925
0.75
0.56
0.45
0.37
0.32
0.28
950
0.77
0.59
0.46
0.38
0.33
0.29
975
-
-
0.79
0.59
0,47
0.39
0.34
0.30
1000
0.81
0,61
0.49
0.41
0.35
0.30
10

HOSE -DRAG
WASTEWATER EQUIPMENT
Table 5. Application depths (inches) for 20-foot hose drag waste application systems by discharge and tractor speed
Note: To obtain gallons per acre, multiply application depth (inches) in table by 27,154, Application depths to 1.00 inch are shown but
applications greater than 0.75 inch are not recommended,
Tractor$ ed m h
Itcha e m
0.S
1
1.5
2
2.5
3
3.S
4
Soo
0.91
0.46
0.30
0.23
0.18
0.15
0.13
0.11
525
0.99
0.48
0.32
U4
0.19
0.16
0.14
0.12
550
1.0
0.50
0.33
0.25
0.20
0.17
0.14
0.13
575
0.52
0.35
0.26
0.21
0.17
0.15
0.13
600
0.55
0,36
0.27
0.22
0.18
0.16
0.14
625
0.57
0.38
0.28
0.23
0.19
0.16
0.14
650
0.59
0.39
0.30
0.24
0.20
0.17
0.15
675
0.62
0.41
0.31
0.25
0.21
0.18
0.15
700
0.64
0.43
0.32
0.26
0.21
0.18
0.16
725
0.66
0.41
1 0.33
0.26
0.22
0.19
0.17
750
0.68
0.46
0.34
0.27
0.23
0.20
1 0.17
775
0.71
0.47
0.35
0.28
0.24
0.20
1 0.18
800
0.73
0.49
0.36
0.29
0.24
0.21
0.19
825
0.75
0.50
0.36
0.30
0.25
0.21
0.19
850
0.77
0.52
0.39
0.31
0.26
0.22
0.19
875
0.80
0.53
0.40
0.32
0.27
0.23
0.20
900
0.82
0.55
0.41
0.33
0.27
0.23
0.21
925
0.84
0.56
0.42
0.34
0.29
0.24
0.21
950
0.87
058
0.43
0.35
0.29
0.25
0.22
975
0.89
0.59
0.44
0.36
0.30
0.25
0.22
1,000
0.91
0.61
1 0.46
0.36
0.30
0.26
0.23
1,025
0.93
0.62
0.4]
0.37
0.31
0.27
0.23
1,050
0.96
0.64
OAS
0.38
0.32
0.27
0.24
1,075
0.98
0.65
0.49
0.39
0.33
0.28
0.24
1,100
1.00
0.67
0.50
0.40
0.33
0.29
0.25
1,125
0.68
0.51
0.41
0.34
0.29
0.26
1,150
0.70
0.52
0.42
0.35
0.30
016
1,175
0.71
0.54
0.43
0.36
0.31
0.27
1,200
0.73
0.55
0.44
0.36
0.31
0.27
11

G
Prepared by
Garry Grabow, Assistant Professor and Extension Specialist, Department of Biological and Agricultural Engineering
Karl Shaffer, Extension Associate, Department of Soil Science
and
Sanjay Shah, Assistant Professor and Extension Specialist, Department of Biological and Agricultural Engineering
Figure 1 shows an AerWay unit with Hydro Engineering manifold, and Figure 2 shows a Cadman two noule boom with splash plate kit.
7,750 copies of this public document were printed at a cost of $3,991.00 or $0.52 per copy.
Published by
NORTH CAROLINA COOPERATIVE EXTENSION SERVICE
C O L L E G E O F
AGRICULTURE'u LIFESCIENCES
ACAOEMICS • RESEARCH • EXTENSION
AG-553-8 12/07-7.75M JMG
E08-50257

' Permit Number AWG200000
1 0 O
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CATTLE WASTE MANAGEMENT SYSTEM GENERAL PERMIT
This General Permit is issued pursuant to North Carolina G.S. § 143-215 et seq., may apply to any cattle facility in
the State of North Carolina, and shall be effective from October 1, 2014 until September 30, 2019.
All activities authorized herein shall be consistent with the terms and conditions of this General Permit.
Holders of Certificates of Coverage (COC) under this General Permit shall comply with the following specified
conditions and limitations.
I. PERFORMANCE STANDARDS
Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise
provided in this General Permit and associated statutory and regulatory provisions. Waste shall
not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application,
direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as
state waters.
The waste collection, treatment, storage and application system operated under this General
Permit shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants to surface waters or wetlands. Application of waste to terraces and
grassed waterways is acceptable as long as it is applied in accordance with Natural Resources
Conservation Service (MRCS) Standards and does not result in a discharge of waste to surface
waters or wetlands.
Facilities must be designed, constructed, operated, and maintained to contain all waste plus the
runoff from a 25-year, 24-hour rainfall event for the location of the facility. A facility that has a
discharge of waste that results because of a storm event more severe than the 25-year, 24-hour
storm will not be considered to be in violation of this General Permit if the facility is otherwise in
compliance with its Certified Animal Waste Management Plan (CAWMP) and this General
Permit.
Any discharge or application of waste to a ditch that drains to surface waters or wetlands is
prohibited except as follows: (a) discharges from the ditches are controlled by best management
practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been
submitted to and approved by the Division of Water Resources (Division); (c) the BMPs were
implemented as designed to prevent a discharge to surface waters or wetlands; (d) the waste was
removed immediately from the ditch upon discovery; and (e) the event was documented and
reported in accordance with Condition 1H.13. of this General Permit. Nothing in this exception
shall excuse a discharge to surface waters or wetlands except as may result because of rainfall
from a storm event more severe than the 25-year, 24-hour storm.
2. This General Permit does not allow the Permittee to cause a violation of any of the water quality
standards established pursuant to Title 15A, Subchapter 2B of the North Carolina Administrative
Code and Title 15A, Subchapter 2L of the North Carolina Administrative Code.
March 7, 2014

Permit Number AWG200000 `
i
D
3.
es.. > �.
TheF. facilrty s COC and its CAWMP are hereby incorporated by reference into this General
fPermit. The CAWMP must be consistent with all applicable laws, rules, ordinances, and
R
`\
standards (federal, state and local) in effect at the time of siting, design and certification of the
r
The Permittee must assess and record, on an ongoing basis, the effectiveness of the
implementation of the CAWMP. The Permittee must make "major changes," "revisions," or
"amendments" to the CAWMP, as defined in Section VII, .."Defmitions," of this General Permit,
in order to address any changes needed to maintain compliance with the facility's COC and this
General Permit. "Main h n es," "revisions," and "amendments" to the CAWMP must be
documented, dated, and included as part of the CAWMP. "Major changes" and "revisions" to
the CAWMP shall be submitted to the appropriate Division Regional Office within thirty (30)
calendar days of the "major change" or "revision." "Amendments" are not required to be
submitted to the Division Regional Office unless specifically requested by the Division. N field,
riser or pull numbers are changed, an explanation shall also be submitted and include a
description of how the new numbers relate to the old numbers.
�_Any_violation_of the_COC or the CAWMIS shall be considered a violation of this General Permit
and subject to enforcement actions. A violation of this General Permit may result in the Permittee
having to take immediate or long-term corrective action(s) as required by the Division. These
actions may include but are not limited to: modifying the CAWMP; ceasing land application of
waste; removing animals from the facility; or the COC being reopened and modified, revoked and
reissued, and/or terminated.
4. Any proposed-, increase or modification to the annual average design capacity from that authorized
by -the COCwillrequire a modification to the CAWMP and the COC prior to modification of the
facility. For all new and expanding operations, no collection, treatment or storage facilities may
be constructed in a 100-year flood plain.
Facilities located in watersheds sensitive to nutrient enrichment may be notified by the Division
to conduct an evaluation of the facility and its CAWMP to determine the facility's ability to
comply with the NRCS nutrient management standard as it relates to phosphorous. This
evaluation will not be required until such time as the permittee is notified by the Division. The
evaluation must be documented on forms supplied by or approved by the Division and must be
submitted to the Division. This evaluation must be completed by existing facilities within twelve
(12) months of receiving notification from the Division.
For facilities located in watersheds sensitive to nutrient enrichment, all fields with a "HIGH"
phosphorous -loss assessment rating shall have land application rates that do not exceed the
established crop removal rate for phosphorous. There shall be no waste application on fields with
a "VERY HIGH" phosphorous -loss assessment rating.
No COC will be issued to any new or expanding facility located in a watershed sensitive to
nutrient enriched until the applicant has completed and submitted a phosphorous loss assessment
to determine if the new or expanding facility can comply with the NRCS phosphorous standards.
6. If prior approval is received from the Director of the Division (Director), facilities that have been
issued a COC to operate under this General Permit may add treatment units for the purpose of
removing pollutants before the waste is discharged into the lagoons/storage ponds. Prior to any
approval, the Permittee must demonstrate to the satisfaction of the Director that the new treatment
unit will not interfere with the operation of the existing treatment system and that a process is in
place to properly manage and track the pollutants removed.
March 7, 2014

Permit Number AWG200000
If prior approval is received from the Director, facilities which have been issued a COC to
operate under this General Permit may add innovative treatment processes to the systems on a
pilot basis in order to determine if the innovative treatment process will improve how the waste is
treated and/or managed. Prior to any approval, the Permittee must demonstrate to the satisfaction
of the Director that the innovative treatment process will not interfere with the operation of the
existing treatment system and that a process is in place to properly manage and track the
pollutants removed.
8. Animal waste shall not be applied within 100 feet of any well with the exception of monitoring
wells. The allowable distance to monitoring wells shall be established on a case -by -case basis by
the Division.
H. OPERATION AND MAINTENANCE REQUIREMENTS
The collection, treatment, storage facilities, and the land application equipment and fields shall be
properly operated and maintained at all times.
2. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be applied upon
areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30) days
prior to planting or breaking -dormancy.
3. Soil pH on all land application fields must be maintained in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMP. In no case shall land application
rates exceed the agronomic rate of the nutrient of concern for the receiving crop.
5. In no case shall land application rates result in excessive ponding or any runoff during any given
application event.
6. Animal waste shall not be directly applied onto crops for direct human consumption that do not
undergo further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) at any time
during the growing season, or in the case of fruit bearing trees, following breaking dormancy.
Application of animal wastes. shall not occur within thirty (30) days of the harvesting of fiber and
food crops for direct human consumption that undergoes further processing.
7. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated
into the soil within two (2) days after application on the land, or prior to the next rainfall event,
whichever occurs first. This requirement does not apply to no -till fields, pastures, or fields where
crops are actively growing.
8. No material other than animal wastes of the type generated on this facility shall be disposed of in
the animal waste collection, treatment, storage or application systems. This includes but is not
limited to pesticides, toxic chemicals and petroleum products.
March 7, 2014

Permit Number AWG200000
9. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged
into the animal waste collection, treatment, storage, and application system. Washing machines
located near the milking parlors and used exclusively for washing rags used during milking;
waste milk; and wash vats required to be connected to the animal waste collection, treatment,
storage and application system by Grade A Pasteurized Milk Ordinance Part 11, Section 7, Item 5r
are exempt from this requirement. Washdown of stock trailers owned by and used to transport
animals to and from the facility only, will be permissible as long as the system has been evaluated
and approved to accommodate the additional volume. Only those cleaning agents and soaps that
are not expected to harm the receiving crop, and will not contravene the groundwater standards
listed in 15A NCAC 2L may be utilized in facilities.covered by this General Permit. Instruction
labels are to be followed when using cleaning agents and soaps.
10. Disposal of dead animals resulting from normal mortality rates associated with the facility shall
be done in accordance with the facility's CAWMP and the North Carolina Department of
Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and regulations.
Disposal of dead animals whose numbers exceed normal mortality rates associated with the
facility shall also be done in accordance with the facility's CAWMP and NCDA&CS Veterinary
Division's Statutes and regulations provided that: 1) burial of such animals shall be done in
consultation with the State Veterinarian of the NCDA&CS Veterinary Division's Statutes and in
compliance with NCDA&CS regulations; 2) all such burial sites must be mapped, and the dates
and numbers of the animals buried by species and type must be recorded; and 3) the map is
submitted within fifteen (15) calendar days of burial to the Water Quality Regional Operations
Section located within the appropriate Regional Office.
In the event of a state of emergency declared by the Governor, disposal of dead animals shall be
done in accordance with requirements and guidelines dictated by the State Veterinarian according
to G.S. §106-402.1. The Division may require groundwater monitoring when there is massive
burial of animals. All burial sites of such animals must be mapped, and the dates and numbers of
the animals buried by species and type must be recorded.
11. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste storage structures to
prevent any unnecessary addition to the liquid volume in the structures. Runoff from lounging
areas to the waste storage ponds or lagoons shall be prevented unless included in the CAWMP.
n 12. A protective vegetative cover shall be established and maintained on all earthen lagoon/storage
n pond embankments (outside toe of embankment to maximum liquid level), berms, pipe runs, and
�S diversions to surface waters or wetlands.4-Trees; shrubs, and other woody vegetation shall not be
C� allowed to grow on the lagoon/storage pond embankments. All trees shall be removed in
/ accordance with good engineering practices. Lagoon/storage pond areas shall be accessible, and
U \uJ vegetation shall be kept mowed.
13. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in
accordance with the CAWMP. When removal of sludge from the structure is necessary,
provisions must be taken to prevent damage to the structure dikes and liner.
14. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires,
bottles, light bulbs, gloves, syringes or any other solid waste.
15. The facility must have at least one of the following items at all times: (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of the
necessary equipment, or (c) a contract with a third party applicator capable of providing adequate
waste application.
4 March 7, 2014

Permit Number AWG200000
16. The Permittee shall designate a certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system. The waste management O
V✓ system shall be operated by the Operator in Charge (OIC) or a person under the OIC's
supervision.
17. In accordance with 15A NCAC 8F .0203(c)(2), the OIC or a designated back-up OIC of a Type B
Animal Waste Management System shall inspect, or a person under the supervision of an OIC or
designated back-up OIC shall inspect, the land application site as often as necessary to insure that
the animal waste is land applied in accordance with the CAWMP. In no case shall the time
between inspections be more than 120 minutes during the application of waste. A record of each
inspection shall be recorded on forms supplied by, or approved by, the Division and shall include
the date, time, sprayfield number and name of the operator for each inspection. Inspection shall
included but not be limited to visual observation of application equipment, spray fields,
subsurface drain outlets, ditches, and drainage ways for any discharge of waste.
The Permittee may assert as an affirmative defense in any enforcement action alleging
noncompliance with the requirements imposed in this condition that such noncompliance was due
to circumstances beyond the Permittee's control. A notation shall be made on the form indicating
the inspection affected by such circumstance and an explanation setting forth the circumstances
claimed to have been beyond the Permittee's control shall be submitted with the form.
18. The Director may require any permittee to install and operate flow meters with flow totalizers
based on the facility's violations and/or incomplete or incorrect record keeping events.
19. No waste shall be applied in wind conditions that might reasonably be expected to cause the mist
to reach surface waters or wetlands or cross property lines or field boundaries.
0. The Permittee-shall-maintain-buffer. strips or -other equivalent_ practices as specified in the
Cfacility's CAWMP neai feedlots, manure and feed storage areas and.land_application areasr'
21. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow covered at
the time of land application.
22. Land application of waste is prohibited during precipitation events. The Permittee shall consider
pending weather conditions in making the decision to land apply waste and shall document the
weather conditions at the time of land application on forms supplied by or approved by the
Division.
Land application of waste shall cease within four (4) hours of the time that the National Weather
Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a
tropical system including a hurricane, tropical storm, or tropical depression for the county in
which the permitted facility is located. Watches and warnings are posted on the National
Weather Service's website located at: www.weather.gov. More detailed website information can
be found on Page 2 of the Certificate of Coverage. Watch and warning information can also be
obtained by calling the local National Weather Service Office that serves the respective county,
which can be found on Page 2 of the Certificate of Coverage.
The Director may require any permittee to install, operate and maintain devices on all irrigation
pumps/equipment designed to, automatically stop irrigation activities during precipitation. This
decision will be based on the facility's compliance history for irrigation events.
23. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test
Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater than 3,000 (213
pounds per acre).
5 March 7, 2014

o Permit Number AWG200000
A24. All waste application equipment must be tes et d-and-calibrated-at-least.once every two years}The
results must be documented on forms provided by, or approved by, the Division.
25. Any major structural repairs to waste structures must have written documentation from a
technical specialist certifying proper design and installation. However, if a piece of equipment is
being replaced with apiece of equipment of the identical specifications, no technical specialist
approval is necessary [i.e. piping, reels, valves, pumps (if the gallons per minute (gpm) capacity
is not being increased or decreased), etc.) unless the replacement involve i disturbing the structure
embankment or liner.
Crops for which animal waste is land applied must be removed from the land application site and
properly managed and utilized unless other management practices are approved in the CAWMP.
27. For cattle operations using waste treatment lagoons, in accordance with NRCS North Carolina
Conservation Practice Standard No. 359. "Waste Treatment Lagoon", an operator may
temporarily lower waste levels to provide irrigation water during drought periods and to provide
additional temporary storage for excessive rainfall during the hurricane season and in preparation
for the following winter months. All conditions of NRCS NC Standard No. 359 must be satisfied
prior to lowering waste levels below designed stop pump levels.
III. MONITORING AND REPORTING REQUIREMENTS
An inspection of the waste collection, treatment, and storage structures, and runoff control
measures shall be conducted and documented at a frequency to insure proper operation but at
least monthly and after all storm events of greater than one (1) inch in 24 hours. For example,
lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage,
damage by animals, or discharge. Inspection shall also include visual observation of subsurface
drain outlets,lditches, and drainage ways for any discharge of waste.
Monitoring and Recording Freeboard Levels
a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings.
The waste level in each storage structure with a waste level gauge shall be monitored and
recorded weekly on forms supplied by or approved by the Division.
The Director may require more frequent monitoring and recording of waste levels based on
the facility's compliance history for freeboard violations.
b. Any facility which experiences freeboard violations in any two consecutive years following
the issuance of this General Permit, or as determined necessary by the Director, shall
monitor and record waste levels as follows:
March 7, 2014

Permit Number AWG200000
In addition to the facility's existing waste -level gauges, automated lagoon/storage pond
waste -level monitors and recorders (monitored and recorded at least hourly) must be
installed on all treatment and storage structures covered by a COC issued under this
General Permit to measure and record. freeboard. This equipment must be properly
maintained and calibrated in a manner consistent with manufacturer's operation and
maintenance recommendations. This automated equipment must be in place no later than
ninety (90) days following notification from the Director. The Director may determine that
installation of automated waste level monitors is not required if the Permittee can
demonstrate that preventative measures were taken to avoid the violations and that the
violations resulted from conditions beyond the Permittee's control.
If an automated level monitor(s) becomes inoperable, the Permittee shall:
report the problem by telephone to the appropriate Division Regional Office as soon
as possible, but in no case more than 24 hours following first knowledge of the
problem; and,
ii. make any needed repairs to the equipment as quickly as possible, and take and record
daily waste levels at the same time every day until such time as the automated
equipment is placed back into operation.
C. The Director may require new or modified waste -level gauges at any facility if it is
determined that the existing gauges are not adequate to accurately indicate actual waste
levels, or the various waste levels required to be maintained by this General Permit or the
facility's CAWMP.
Monitoring and Recording Precipitation Events
a. Precipitation events at facilities issued a COC to operate under this General Permit shall be
monitored and recorded as follows:
A rain gauge must be installed at a site that is representative of the weather conditions at
the farm's land application site(s) to measure all precipitation events. The precipitation
type and amount must be recorded daily for all precipitation events and maintained on site
for review by the Department of Environment and Natural Resources (Department). Daily
records do not need to be maintained for those days without precipitation events.
b. The Director may require that an automated rain gauge and recorder must be installed on
site to measure and record all precipitation events. This equipment must be properly
maintained and calibrated in a manner consistent with manufacturer's operation and
maintenance recommendations. This automated equipment must be in place no later than
ninety (90) days following receipt of notice from the Director.
If an automated rain gauge(s) becomes inoperable, the Permittee shall:
report the problem by telephone to the appropriate Division Regional Office as soon
as possible, but in no case more than twenty four (24) hours following first
knowledge of the problem; and,
make any needed repairs to the equipment as quickly as possible, and take and record
all rainfall events until such time as the automated equipment is placed back into
operation.
March 7, 2014

Permit Number AWG200000
1 4. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc,
(^/ shall be conducted on each application field receiving animal waste in accordance with G.S. §
143-215.1 OC(e)(6). As of the effective date of this General Permit, the Statute requires that the
analysis be conducted at least once every three years.
5. An analysis of a representative sample of the animal waste to be applied shall be conducted in
ace, accordance with recommended laboratory sampling procedures as close to the time of application
as practical and at least within sixty (60) days (before or after) of the date of application. Every
reasonable effort shall be made to have the waste analyzed prior to the date of application and as
close to the time of waste application as possible. This analysis shall include the following
parameters:
Nitrogen Zinc
Phosphorus Copper
6. The Permittee shall record all irrigation and land application event(s) including hydraulic loading
rates, nutrient loading rates and cropping information. The Permittee shall also record removal of
solids and document nutrient loading rates if disposed of on -site, or record the off -site location(s).
These records must be on forms supplied by, or approved by, the Division.
7. A record shall be created and maintained of all transfers of waste between waste structures on the
same site not typically operated in series. Such record shall include at least the identity of the
structure from which the waste was transferred, the identity of the structure receiving the waste,
the date and time of transfer and the total volume/quantity of waste transferred.
8. The Permittee must maintain monthly stocking records for the facility and make the records
�O available to the Department. Pastured animals not contributing waste to the animal waste
management systems should not be counted on the monthly stocking records.
9. If, for any reason, there is a discharge from the waste collection, treatment, storage and
application systems (including the land application sites), to surface waters or wetlands, the
Permittee is required to make notification in accordance with Condition III. 13. The discharge
notification shall include the following information:
a. Description of the discharge: A description of the discharge including an estimate of the
volume/quantity discharged, a description of the flow path to the receiving surface waters
or wetlands and a site sketch showing the path of the waste.
b. Time of the discharge: The length of time of the discharge, including the exact dates and
times that it started and stopped, and if not stopped, the anticipated time the discharge is
expected to continue.
C. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a
precipitation event, detailed information from the on -site rain gauge concerning the inches
and duration of the precipitation event.
All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to
prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition
III. 5. above.
March 7, 2014

Permit Number AWG200000
f. A waste sample, obtained within seventy-two (72) hours following first knowledge of the
discharge to surface waters or wetlands, from the source lagoon/storage pond, shall be
analyzed for the following minimum parameters:
Fecal coliform bacteria Five-day biochemical oxygen demand (SODS)
Total suspended solids Total phosphorous V ! 5'
I I Ammonia nitrogen (NH3-N)41S Total Kjeldahl nitrogen (TKN)) hl ►S'
Nitrate nitrogen (NO3-N) .i if I f
Monitoring results must be submitted to the Division within thirty (30) days of the
discharge event.
10. In accordance with 15A NCAC 02T .0108(c), The Division may require any monitoring and
reporting (including but not limited to groundwater, surface water or wetland, waste, sludge, soil,
lagoon/storage pond levels and plant tissue) necessary to determine the source, quantity, quality,
and effect of animal waste upon the surface waters, groundwater or wetlands. Such monitoring,
including its scope, frequency, duration and any sampling, testing, and reporting systems, shall
meet all applicable Division requirements.
11. A copy of this General Permit, the facility's COC, certification forms, lessee and landowner
agreements, the CAWMP and copies of all records required by this General Permit and the
facility's CAWMP shall be maintained by the Permittee in chronological and legible form for
three (3) years. Records include but are not limited to: soil and waste analyses, rain gauge
readings, 'freeboard_levels; irrigation and land a lication events , past inspection reports and
operational reviews, animal stocking records, records of a ditional nutrient sources applied
(inclgding but not limited to sludges, unused feedstuff leachate, mi waste, septage and
commercial fertilizer), cro ing information, waste application equipment tItging and calibration;
and records of removal of so i s to off -site location(s). These records shall be rn intameec on
forms provided or approved by the Division and shall be readily available at the facility (stored at
places such as the farm residence, office, outbuildings, etc.) where animal waste management
activities are being conducted.
12. Within fifteen (15) working days of receiving the request from the Division, the Permittee shall
provide to the Division one (1) copy of all requested information and reports related to the
operation of the animal waste management system. Once received by the Division, all such
information and reports become public information, unless they constitute confidential
information under G.S. § 132-1.2, and shall be made available to the public by the Division as
specified in Chapter 132 of the General Statutes.
13. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events:
a. Failure of any component of the animal waste management system resulting in a discharge
to ditches, surface waters, or wetlands.
b. Any failure of the waste treatment and disposal system that renders the facility incapable of
adequately receiving, treating, or storing the waste and/or sludge.
C. A spill or discharge from a vehicle transporting waste or sludge to the land application field
which results in a discharge to ditches, surface waters, or wetlands or an event that poses a
serious threat to surface waters, wetlands, or human health and safety.
9 March 7, 2014

Permit Number AWG200000
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the
environment or human safety or health.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V.2. of this General Permit.
�£ Failure to maintain waste level in a lagoon/storage pond below that of the designed
structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage
pond design). Note that this notification is in addition to the report required by Condition
M.13.e above.
g. An application of waste either in excess of the limits set out in the CAWMP or where
runoff enters ditches, surface waters, or wetlands.
h. Any discharge to ditches, surface waters, or wetlands or any discharge that poses a serious
threat to the environment or human health or safety.
For any emergency, which requires immediate reporting after normal business hours, contact
must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office within
five (5) calendar days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to be taken to correct the problem and to ensure that the problem
does not recur. In the event of storage capacity violations as described in Condition III.13.e,
the written report shall outline the actions proposed to be taken to restore compliance within
thirty (30) calendar days. The requirement to file a written report may not be waived by the
Division Regional Office.
In the event the waste level in a lagoon/storage pond is found to be within the designed
structural freeboard, the Permittee shall file a written report to the appropriate Division
Regional Office within two (2) calendar days following first knowledge of the occurrence.
This report shall outline actions taken or proposed to be taken to reduce waste levels below the
designed structural freeboard within five (5) calendar days of fast knowledge of the
occurrence.
14. The Director may require any permittee to file an annual certification report or other
reports/certifications based on the compliance history of the facility. If required, the report must
be filed on forms provided by the Division.
15. In the event of a discharge of 1,000 gallons or more of animal waste to surface waters or
wetlands, the Permittee must issue a press release to all print and electronic news media that
provide general coverage in the county in which the discharge occurred setting out the details of
the discharge. The press release must be issued within forty-eight (48) hours after it is
determined that the discharge has reached the surface waters or wetlands. A copy of the press
release and a list of the news media to which it was distributed must be kept for at least one (1)
year after the discharge and must be distributed to any person upon request.
10 March 7, 2014

Permit Number AWG200000
16. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or
wetlands, a public notice is required in addition to the press release described in Condition III 15.
The public notice must be placed in a newspaper having general circulation in the county in
which the discharge occurred and the county immediately downstream within ten (10) days of the
discharge. The notice shall be captioned "NOTICE OF DISCHARGE OF ANIMAL WASTE".
The minimum content of the notice is the name of the facility, location of the discharge, estimated
volume of waste entering state waters, time and date discharge occurred, duration of the
discharge, identification water body that was discharged into including creek and river basin if
applicable, actions taken to prevent further discharge, and a facility contact person and phone
number. The owner or operator shall file a copy.of the notice and proof of publication with the
Department within thirty (30) days after the notice is published. Publication of,a notice of
discharge under this Condition is in addition to the requirement to issue a press releasezunder
Condition 111.15. °
17. If a discharge of 1,000,000 gallons or more of animal waste reaches surface waters or wetlands,
the appropriate Division Regional Office must be contacted to determine in what additional
counties, if any, a public notice must be published. A copy of all public notices and proof of
publication must be sent to the Division within thirty (30) days after the notice is published.
18. All facilities, which are issued a COC to operate under this General Permit, shall conduct a
survey of the sludge accumulation in all lagoons/storage ponds every year. The survey report
should be written on forms provided or approved by the Division and shall include a sketch
showing the depth of sludge in the various locations within each structure. This survey frequency
may be reduced if it can be demonstrated to the satisfaction of the Division that the rate of sludge
accumulation does not warrant an annual survey.
If the sludge accumulation is such that the structure does not satisfy the criteria set by NRCS NC
Conservation .Practice Standard No. 359, a sludge removal or management plan must be
submitted to the appropriate Division Regional Office within ninety (90) days of the
determination. The plan shall describe removal and waste utilization procedures to be used.
Compliance regarding sludge levels must be achieved within two (2) years of the determination.
IV. INSPECTIONS AND ENTRY
1. The Permittee shall allow any authorized representative of the Department, upon the presentation
of credentials and other documents as may be required by law and in accordance with reasonable
and appropriate biosecurity measures, to:
a. Enter the Permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this General Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this General Permit;
C. Inspect, at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this General Permit; and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance, any
substances or parameters at any location.
11 March 7, 2014

Permit Number AWG200000
V. GENERAL CONDITIONS
1. The issuance of a COC to operate under this General Permit shall not relieve the Permittee of the
responsibility for compliance with all applicable surface water, wetlands, groundwater and air
quality standards or for damages to surface waters, wetlands or groundwaters resulting from the
animal operation.
2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus
X�an additional one (1) foot of structural freeboard except that there shall be no violation of this
condition if: (a) there is a storm event more severe than a 25-year,.24-hour event, (b) the
Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural
• freeboard.
In addition to the above requirements, for new and expanding'fartns vvitfi.lagoon andstorage.pond
designs completed after September 1, 1996, storage must also be provided for the -heavy -rainfall
factor for the lagoons/storage-pond, In case of lagoons/storage ponds in series that are gravity
fed, the 25-year, 24-hour storm event and/or the heavy rainfall factor storage requirement for the
system may be designed into the lowest lagoon/storage pond in the system. However, adequate
freeboard must be designed into the upper lagoons/storage ponds to allow sufficient storage to
prevent the waste level from rising into the structural freeboard while the storm water is draining
into the lowest structure in the system.
3. Any containment basin, such as a lagoon or a storage pond, used for waste management shall
continue to be subject to the conditions and requirements of this Permit until properly closed or
rescission of the COC is issued. When the containment basin is properly closed in accordance
with the NRCS NC Conservation Practice Standard No. 360 "Closure of Waste Impoundments,"
February 2008 or any subsequent amendment, the containment basin shall not be subject to the
requirements of this Permit. The Permittee must submit a letter to the Division to request
rescission of the COC by providing documentation of closure of all containment basins.
Closure shall include a minimum of 24 hours pre -notification of the Division and submittal of the
Animal Waste Storage Pond and Lagoon Closure Report Form to the address identified on the
form within fifteen (15) days of completion of closure.
Upon request of the Permittee, the COC to operate under this Permit 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 during the three years prior to the request for
rescission, is less than one hundred confined cattle. Upon rescission, all of the following
requirements shall apply:
a. The cattle facility shall be subject to the requirements of 15A NCAC 02T .1303 and 15A
NCAC 02T .0113 until the containment area is closed in accordance with NRCS NC
Conservation Practice Standard No. 360 "Closure of Waste Impoundments," February 2008
or any subsequent amendment.
b. 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.
C. Closure shall include pre -notification 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
12 March 7, 2014

' Permit Number AWG200000
the Division that provide thelsame information required by the forms supplied by the
Division. '
The Division shall have the authority to deny a request for rescission based on the factors set out
in subsection (e) of 15A NCAC 02T .0113.
t;
4. This General Permit allows for the distribution of up to four (4) cubic yards of manure per visit to
individuals for personal use. The maximum distribution of manure per individual for personal
use is ten (10) cubic yards per year. The Permittee must provide the recipient(s) with information
on the nutrient content of the manure. Distribution of greater quantities must be to individuals or
businesses permitted to distribute the waste, or to be land applied to sites identified in the
Permittee's CAWMP.
The Permittee must inform the recipient(s) of his/her responsibilities to properly manage the land'
application of manure. Record keeping for the distribution of manure up to four (4) cubic yards `
per visit or ten (10) cubic yards per year to individuals for personal use is not required.
5. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by
the Division. Failure to pay the fee accordingly constitutes grounds for revocation of its COC to
operate under this General Permit.
6. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements,
which are required in the CAWMP, shall constitute grounds for revocation of its COC to operate
under this General Permit.
7. A COC to operate under this General Permit is not transferable. In the event there is a desire for
the facility to change ownership, or there is a name change of the Permittee, a Notification of
Change of Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting materials as may be appropriate. This request shall be
submitted within sixty (60) days of change of ownership. The request will be considered on its
merits and mayor -may, not be approved.
n �81 'A=COG to%operate under this General Permit is effective only with respect to the nature and
l volume of wastes described in the application and other supporting data. The Permittee shall
notify the Division immediately of any applicable information not provided in the permit
V application.
proposed-to-an-animal_waste_management_sy-stem including-nstallatiort� of
lagoon covers shall require approval from the Division prior- to construction._ _
`-� 9. If the Permittee wishes to continue an activity regulated by this General Permit after the
expiration date of this General Permit, the Permittee must apply for and obtain a new COC.
Renewal applications must be filed at least 180 calendar days prior to the expiration of the
General Permit.
10. The issuance of a COC to operate under this General Permit does not prohibit the Division from
reopening and modifying the General Permit or COC, revoking and reissuing the General Permit
or COC, or terminating the General Permit or COC as allowed by the appropriate laws, rules, and
regulations.
11. The Director may require any person, otherwise eligible for coverage under this General Permit,
to apply for an individual permit by notifying that person that an application is required.
13 March 7, 2014

� - --' � Oun 6 i
Sp �,ViFiul
Permit Number AWG200000
l 12. The Groundwater Compliance Boundary is edtablished by 15A NCAC 2L .0102 and 15A NCAC
.0103. An exceedance of Groundwater Quality Standards at or beyond the Compliance
soe Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the
penalty provisions applicable under the North Carolina General Statutes.
`t Ott% 13. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to
restocking of the facility.
VI. PENALTIES
�7 1. Failure to abide by the_conditions and limitations contained in this General Permit; the facility's
o �l' COC; the facility's CAWMP; and/or applicable state law; may subject the Permittee to an
enforcement action by the)Division including but not limited to the modification of the animal waste management system, civil penalties, criminal penalties and injunctive relief.
2. The Permittee must comply with all conditions of this General Permit. Any permit
� N noncompliance constitutes a violation of state law and is grounds for enforcement action; for
permit coverage termination, revocation and reissuance, or modification; or denial of a permit
coverage renewal application.
3. It shall not be a defense for a Permittee in an enforcement action to claim that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this General Permit.
25-year, 24-hour rainfall or storm event means the maximum 24-hour precipitation event with a
probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical
Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent
amendments, or equivalent regional or state rainfall probability information developed therefrom.
Agronomic rates means the amount of animal waste and/or other nutrient sources to be applied to lands
as outlined in NRCS NC Conservation Practice Standards No. 590 "Nutrient Management" or as
recommended by the NCDA&CS and the North Carolina Cooperative Extension Service at the time of
certification of the Animal Waste Management Plan by the appropriate certified technical specialist.
Amendment to the CAWMP means a change and/or addition to a part(s) of the plan, and requires that the
change and/or addition adhere to current applicable standards. The following are examples of
amendments to the CAWMP:
• In an existing CAWMP, a change in crops and/or cropping pattern that utilizes 25% or less of the N
generated is considered a plan amendment. Additional acreage needed to facilitate the change in
crops and/or cropping pattern is permissible and considered part of the amendment.
The addition of winter crops and/or interseeded perennial crops are considered amendments to an
existing CAWMP when the operation does not require additional acreage and/or crops for N
utilization, and does not exceed the 25% criteria stated above.
When a CAWMP cannot meet N utilization requirements due to land lost to irrigation inefficiency
(usable versus total acres), then the CAWMP may be amended to increase available acreage and/or
change the crop for N utilization. This is the only exception to the 25% N criteria for plan revision.
r.
14 March 7, 2014

Permit Number AWG200000
• Inclusions of emergency action plans, and insect, odor and mortality checklists are considered
CAWMP amendments.
• Including additional acreage for land application beyond what is required in the existing CAWMP is
considered a plan amendment.
Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where
the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will be
stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12)
month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the
normal growing season over any portion of the lot or facility. Two or more animal feeding operations
under common ownership are considered to be a single animal feeding operation if they adjoin each other,
or if they use a common area or system for the disposal of wastes.
Certification means technical specialist certification of the CAWMP in accordance with the requirements
of 15A NCAC 02T .1304. It is unrelated to terms "Annual Certification' as used in Condition IH.14 of
this General Permit, and the "No Discharge Certification Option' allowed by the November 2008 EPA
CAFO Rule.
Ditch means any man made channel for the purpose of moving water off a site to the surface waters
CExcessive.Ronding-means any area of the application field where visible liquid waste is ponded on the
surface of the land application site more than four_(4) hours following the application of waste. Excessive
ponding also means any areas where the ponding of waste has resulted in crop failure.
Groundwaters means any subsurface waters, as defined in 15A NCAC 2L .0102.
Land application means the application of wastewater and/or waste solids onto or incorporation into the
soil.
Major changes to the CAWMP means changes in the number of animals, type of operation (feeder to
finish to wean to feeder), retrofit of a lagoon,jnstallation of a-newirrigation system, and similar type
changes. Recertification is only required for major changes to the CAWMP. (Major
_changes_to a facility�
(must.fust be approved by the Division. The new CAWMP and the certification shall be submitted with a
request that the COC be amended to reflect the changes.QThe facility may not make the changes until a�
new or amended COC has been issued.
Revision to the CAWMP means a change to an entire CAWMP to meet current applicable standards. A
CAWMP must be revised if the operation cannot utilize all N nitrogen generated by the animal production
in accordance with the existing CAWMP, except for the specific conditions noted in the CAWMP
amendment criteria as previously defined. For an existing CAWMP, a change in crops and/or cropping
pattern that utilizes more than 25% of the N generated by the operation is considered a plan revision. Any
change to an existing CAWMP, whether an amendment or revision, must be signed and dated by both the
producer and a technical specialist for the new CAWMP to be valid. A revision of the CAWMP does not
require recertification.
State Waters means all surface waters, wetlands, groundwaters and waters of the United States located in
the State.
Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir,
waterway, or other surface body or surface accumulation of water, whether public or private, or natural or
artificial, that is contained in, flows through, or borders upon any portion of the State of North Carolina,
including any portion of the Atlantic Ocean over which the State hasjurisdiction as well as any additional
Waters of the United States which are located in the State.
15 March 7, 2014

Permit Number AWG200000
Waste means manure, animal waste, process wastewater and/or sludge generated at an animal feeding e
operation.
Wetlands means areas that are inundated or saturated by an accumulation of surface or groundwater at a
frequency and duration sufficient to support and under normal circumstances do support a prevalence of
vegetation typically adapted for, life in saturated soil conditions, as defined in 15A NCAC 2B .0202.
This General Permit issued the 7th day of March, 2014.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Director
Thomas A. Reeder
North Carolina Di Sion of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWG200000
9
1i
16 March 7, 2014

Rosebrock,. Melissa
From:
Garoma, Miressa
Sent:
Wednesday, January 27, 2016 4:19 PM
To:
Rosebrock, Melissa
Subject:
RE: AFC) Conference call-Smitherman Dairy Yadkin Co.
il:have:deleted Case # PC 2015=0047"from-BIMS=1;did put in comment tab tfiaYiTwas combiried"with'PC=201'S=0028-1
From: Rosebrock, Melissa
Sent: Wednesday, January 27, 2016 3:54 PM
To: Garoma, Miressa <[e-mail]>
Subject: RE: AFO Conference call-Smitherman Dairy Yadkin Co.
Thanks Miressa. So what happens to the PC-2015-047 case? That's the second one. Do you just delete that from BIMS?
From: Garoma, Miressa
Sent: Wednesday, January 27, 2016 2:19 PM
To: Rosebrock, Melissa <[e-mail]>
Subject: RE: AFO Conference call-Smitherman Dairy Yadkin Co.
Sorry Melissa, the earlier copy of F&D was messed up. Attached is a copy with a correct page order.
Thanks,
Miressa
From: Rosebrock, Melissa
Sent: Wednesday, January 27, 2016 10:01 AM
To: Garoma, Miressa <[e-mail]>
Subject: RE: AFO Conference call-Smitherman Dairy Yadkin Co.
I'm in now....
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock(ancdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105

^Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Garoma, Miressa
Sent: Wednesday, January 27, 2016 8:49 AM
To: Rosebrock, Melissa <melissa.rose [e-mail]>
Subject: RE: AFO Conference call-Smitherman Dairy Yadkin Co.
Melissa,
We will call you when we start on Shady Grove Dairy case. We will probably start with it at 10:00. What is Sherri's phone
number?
Thanks,
Miressa
From: Rosebrock, Melissa
Sent: Tuesday, January 26, 2016 4:16 PM
To: Garoma, Miressa <[e-mail]>
Cc: Knight, Sherri <sherri.knieht(@ncdenr.eov>
Subject: AFO Conference call-Smitherman Dairy Yadkin Co.
Miressa,
Are you still planning to contact Sherri and me regarding the call on Wednesday from 10am-11:30? We have not yet
received any information about a call in number ... or are you contacting us? Thanks!
Melissa
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock(a)ncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
r:; Nothing Compares_-u

Location of June 2015 complaint investigation
Gypsie Road Site
The unpermitted waste structure located off Gypsie Road is one of two discovered
during our September 2015 complaint investigation. The other is located off Butner
Mill Road and is described in later photos.
Note that the unpermitted waste structure located off Gypsie Road site is
approximately 1.37 miles from another unpermitted structure discovered during a
June 2015 (PC-2015-0028) Timothy A. Smitherman/Shady Grove Dairy complaint
investigation. The permittee did not mention the two current unpermitted waste
structures during the June 2015 investigation.
All photos were taken on September 2, 2015. Yadkin County GIS aerial photos are
from 2014.
Gypsie Road site
Page 1- Smitherman

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Per Timothy A. Smitherman, the
unpermitted waste structure
located off Gypsie Road in Yadkin
County was constructed in 2012.
Property is owned.by Shady Grove
Partners LLC (PIN 594000362982).
Pipe in photo is used to land apply
animal waste using a dragline
system at the Gypsie Road site.
The unpermitted waste structure at the Gypsie
Road location is approximately 81' X 168' X
147' with 0.46 acres of surface area. The
structure is about 10 feet deep and contained
1-2 feet of manure on the date of our
investigation.
Page 3 - Smitherman

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Note Winston-Salem Regional Office staff standing on dam of
unpermitted animal waste structure in middle of corn field
located off Butner Mill Road. Dam is at least 20 feet tall and is
overgrown with weedy but non -permanent vegetation.
The unpermitted animal waste structure at the Butner Mill Road location
is approximately78'x123'x165' and encompasses approximately0.36
acres of surface area. The structure is about 10 feet deep and contained
one foot of waste on the date of our investigation.
Dam
Page 7 - Smitherman

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1

Close-up of animal waste application at Butner Mill Road site using dragline system that is not in Certified Animal
Waste Management Plan (CAWMP) and was not calibrated prior to use. Photo is from Yadkin County GIS dated
2014
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Page 9 - Smitherman

F/
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
January 7, 2016
lu l u(: a MONJ
To: Christine Lawson
W
From: Sherri V. Knight
Melissa Rosebrock`�
Subject: Recommendation for Civil Penalty
Case #: PC-2015-0047
Timothy A. Smitherman/Shady Grove Dairy Inc, AWC990012
Yadkin County
Please find attached, documents supporting the Winston-Salem Regional Office's request for another
civil penalty assessment against Timothy A. Smitherman for: 1) constructing and using two additional
uncertified animal waste structures; 2) failing to make major changes to the CAWMP as required by the
permit; 3) failing to properly operate and maintain the waste collection, treatment, and storage facilities;
and 4) failing to test and calibrate all waste application equipment prior to use.
Staff from the Winston-Salem Regional Office Division of Water Resources (WSRO-DWR) performed
an announced complaint investigation on September 2, 2015. This was the result of an anonymous
complaint alleging that Shady Grove Dairy was using two additional unpermitted waste ponds (in
addition to the one discovered during a June 2015 complaint investigation). Our September 2015
investigation confirmed that Shady Grove Dairy knowingly and intentionally constructed and maintained
two waste storage structures that did not meet NRCS standards and were not properly certified or
permitted. A new, uncalibrated, dragline system was also being used for waste application.
We request that you initiate appropriate action from your office and forward the attached package to the
Director of the Division of Water Resources. The following items are being transmitted for your review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties"
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Recent correspondence between the violator and DWR, including a copy of the NOV/NOI letter.
D) Photographs and maps depicting the violations and location of the violations.
Please contact Melissa Rosebrock in our office at [phone] for any additional information you
may need.
Attachments
cc: Winston-Salem Regional Office Facility Files

Findings and Decisions
and
Assessment of Civil Penalties
Attachment A

STATE OF NORTH CAROLINA
COUNTY OF YADKIN
IN THE MATTER OF
TIMOTHY A. SMITHERMAN
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FOR VIOLATIONS OF CATTLE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.10C
Case No. PC-2015-0047
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, S. Jay Zimmerman, Director of the Division of Water Resources (DWR), make the
following:
I. FINDINGS OF FACT:
A. Timothy A. Smitherman operates and is the registered agent for Shady Grove Dairy Inc.,
a dairy cattle operation located at 4408 Shady Grove Church Road in Yadkin County. Per
Yadkin County tax records, the dairy resides on property owned by Glenn Smitherman.
B. Timothy A. Smitherman was issued Certificate of Coverage AWC990012 (hereby
referred to as COC) under Cattle Waste Management System General Permit
AWG200000 (hereby referred to as permit) for Shady Grove Dairy on May 23, 2003
effective upon issuance, with an expiration date of October 1, 2004. This permit has been
renewed every five years and was most recently renewed on October 1, 2014, with an
expiration date of September 30, 2019.
C. Condition No. I.3. states that the facility's COC and its Certified Animal Waste
Management Plan (hereby referred to as CAWMP) are incorporated by reference into the
permit and that the CAWMP must be consistent with all applicable laws, rules,
ordinances, and standards (federal, state, and local) in effect at the time of siting, design,
and certification and that any violation of the COC or the CAWMP shall be considered a
violation of the General Permit.
D. Section VII of the permit defines "Major changes" to the CAWMP as changes which
include, but are not limited to, the retrofit of a lagoon, installation of a new irrigation
system, and similar type changes. Recertification is required for major changes and must
first be approved by the Division.

E. Condition No. I.3. of the permit requires that major changes be documented, dated, and
included as part the CAWMP and be submitted to the Division Regional Office within 30
days of the major change.
F. Condition No. H.I. of the permit states that the collection, treatment, storage facilities and
land application equipment and fields shall be properly operated and maintained.
G. Condition No. II.24.of the permit states that all waste application equipment must be tested
and calibrated at least once every two years. The results must be documented on forms
provided, -or approved by, the Division.
H. During a September 2, 2015 complaint investigation, Division of Water Resources staff of
the Winston-Salem Regional Office (hereby referred to DWR-WSRO) observed that two
uncertified waste structures were being used to store animal waste from Shady Grove
Dairy. One of the uncertified structures is located on property off Butner Mill Road and
owned by Timothy A. Smitherman (PIN# 586900569530). The other is located on land off
Gypsie Road which is owned by Shady Grove Partners LLC (PIN#594000362982). Both
uncertified structures are in Yadkin County. On the date of the investigation, the Butner
Mill Road structure contained about one foot of liquid animal waste and the Gypsie Road
structure contained one to two feet of manure. Timothy A. Smitherman confirmed that the
uncertified animal waste structures were constructed in 2012 during a period of
chronically wet weather for the purpose of emergency storage of cattle waste so as to
avoid compacting the soils in the application fields. The uncertified waste structures have
been in use since 2012.
I. The animal waste structures described above are not certified and fail to meet State or
Federal NRCS standards and were not a part of the CAWMP, permit, or approved by
DWR-WSRO on the date of the investigation.
J. The uncertified animal waste structures are not being properly operated and maintained.
K. On September 2, 2015 DWR-WSRO observed that a dragline system was being used for
the application of animal waste near both of the uncertified waste structures. On the date
of our investigation, the dragline system was not listed in Shady Grove Dairy's CAWMP
as an approved method of waste application.
L. On September 2, 2015 Shady Grove Dairy had no record of calibration for the dragline
waste application system.
M. On September 21, 2015 the DWR-WSRO responded by issuing a Notice of
Violation/Notice of Intent to Enforce (NOV/NOI) to Timothy A. Smitherman for: 1)
improperly operating and maintaining uncertified waste storage structures in violation of
the CAWMP and the permit; 2) failing to make major changes to the CAWMP; and 3)
failing to test and calibrate waste application equipment. The NOV/NOI was sent Certified
mail and received by Mr. Smitherman's wife. The DWR-WSRO received a response from
the violator on October 23, 2015.

N. The costs to the State of the enforcement procedures in these matters totaled $1,293.16.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Timothy A. Smitherman is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. Timothy A. Smitherman violated permit condition I.3. by operating two uncertified waste
structures, which also fail to meet NRCS standards, in violation of the CAWMP and the
permit.
C. Timothy A. Smitherman violated permit condition I.3. by failing to make major changes
to the CAWMP to include two new waste structures and a new dragline application
system.
D. Timothy A. Smitherman violated permit condition II.1. by failing to properly operate and
maintain the waste collection, treatment, and storage facilities.
E. Timothy A. Smitherman violated permit condition II.24. by failing to calibrate the dragline
system prior to using it for the application of animal waste.
Timothy A. Smitherman may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A (a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation per day may be assessed against a person who is
required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who
violates or fails to act in accordance with the terms, conditions, or requirements of such
permit or any other permit or certification issued pursuant to authority conferred by this
Part.
G. The State's enforcement costs in this matter may be assessed against Timothy A.
Smitherman pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Director of Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality, has the authority to assess civil
penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Timothy A. Smitherman, owner of Shady Grove Dairy Inc. at the time of non-
compliance, is hereby assessed a civil penalty of: V//
$ 77.0 0 O for violation of permit condition 1.3. by operating two uncertified
waste structures in violation of the CAWMP and the permit.

$ 1,293.16
V
for violation of permit condition I.3. by failing to make major changes
to the CAWMP as required by the permit.
for violation of permit condition II . by failing to properly operate
and maintain the waste collection, treatment, and storage facilities.
for violation of permit condition ll.24. by failing to test and calibrate
all waste application equipment prior to use.
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S.
14313-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
rV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Timothy A.
Smitherman, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date)
S. Jay Zimmerman P.G., Director
Division of Water Resources

Assessment Factors
January 7, 2016
Violator: Timothy A. Smitherman — Shady Grove Dairy Inc.
Owner: Timothy A. Smitherman
Region: Winston-Salem
Case Number: PC-2015-0047
1. The degree and extent of harm to the natural resources of the State, to public health or to
private property:
There is no evidence of harm to the natural resources of the state or to public health or private
property.
2. The duration and gravity of the violations:
Per Mr. Smitherman, the uncertified waste structures have been in use since 2012. The permittee
has had at least three announced inspections since 2012 at which time there was the opportunity
to discuss the use of, and proper certification of, the additional off -site waste storage structures.
3. The effect on ground or surface water quantity or quality or on air quality:
To date, there is no evidence of detrimental impact upon ground or surface water quality.
4. The cost of rectifying the damage:
It would cost about $6,000 to fill the uncertified structure holes with soil (16 hours x $100/hr for
a trackhoe and $80-$90lhr for a loader). If the_permittee were to retro-fit the structures and bring
them up to NRCS standards it would cost at least $40,000 per structure.
5. The amount of money saved by noncompliance:
The violator did not save any money by non-compliance. In fact, it cost Mr. Smitherman several
hundred/thousand dollars to install the: 1) concrete drop boxes into which the animal waste is
off-loaded, 2) underground pipes to convey the waste to the uncertified waste structures; 3)
construction of the uncertified waste structures; and 4) installation of the hydrants for the
dragline system at each of the two uncertified waste structures. Mr. Smitherman also spent extra
fuel by moving the waste from a certified structure on the farm to the uncertified structure prior
to land application.
6. Whether the violation was committed willfully or intentionally:
The WSRO believes that Shady Grove Dairy willfully and intentionally chose to construct and
use the uncertified waste structures described in the NOWNOI. The violator had three years
after construction to bring them up to NRCS standards. At no point during the 2012-2015
compliance inspections did the owner or OIC mention to DWR-WSRO staff that new waste
structures had been constructed or their desire to bring them up to NRCS standards. While
investigating the use of the first unpermitted waste structure in June 2015 DWR-WSRO (PC-
2015-0028) DWR-WSRO staff specifically ask the OIC if there 'was anything else we needed to
know' and the OIC replied "no. "

Assessment Factors — Smitherman - PC-2015-0047
January 7, 2016
Page 2
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
January 2000 — NOV for failing to have markers installed in any of the waste structures,
maintaining a waste structure not in the WUP, and runoff of waste (feed/silage) in the stream.
November 2001- NOV for failing to record a PAN balance on fields receiving waste and
applying waste on a field not in the WUP.
February 2003 — Civil Penalty (including costs) of $1,648.85 for failing to maintain the liquid
level in the lagoon at the level specified in the CAWMP. Of this amount, $300 was remitted by
Alan Klimek in July 2003.
August 2003 — Following an Operation Review, a referral was made to WSRO and an
NOV/NOI issued for failure to maintain waste levels below the maximum and failure to: install
a marker, keep the dam mowed, update the CAWMP as required, and perform soil tests. After
responding to a request for information and completion of POA (plan of action), enforcement
was not pursued and remained as an NOV. 2003 was "the year" of historically high freeboard.
November 2006 — Following an Operation Review, a referral was made to WSRO and an
NOV/NOI was issued for failing to maintain waste levels below the maximum, failure to notify
of high freeboard, and failure to monitor and record weekly waste levels. After permittee
addressed issues and removed sand from waste pond, the violation was left as an NOV.
June 2015 — Pending civil penalty under review by DWR Central Office (PC-2015-0028) for
operating an unpermitted waste structure, failing to maintain buffer strips, and applying waste
too close to a well. Package was sent to Raleigh for assessment on August 25, 2015.
8. The costs to the State of the enforcement procedures.
Investigator - 2 hours field time and 30 hours enforcement time $1,127.36
Sherri V. Knight - 1 hour for enforcement review $ 45.22
Mileage - 42 miles @ 0.49 20.58
Administrative Costs $ 100.00
Total Cost $1,293.16
9. Type of Violator:
Timothy A. Smitherman owns and operates Shady Grove Dairy Inc.
10. Violator's degree of cooperation (including efforts to restore) or recalcitrance:
Both Maurice (OIC) and Timothy Smitherman (owner) have been cooperative and cordial when
questioned. When ask in June 2015 about the use of a "hole to store waste" both Maurice and
Tim readily admitted that they had been using the first uncertified waste structure (PC-2015-

Assessment Factors — Smitherman - PC-2015-0047
January 7, 2016
Page 3
0028) as a means to control freeboard levels when the soil was too wet to apply waste but did
not mention the second and third ones found in September 2015 as described in this F&D
(PC-2015-0047). All requested documents were supplied to WSRO in a timely manner by the
permittee. Mr. Smitherman promptly contacted a professional engineer to begin the retro-fit or
certification process for the most recent two structures the day after our September 2015
investigation.
11. Mitigating factors:
The soil conditions were unusually wet in the spring of 2012, perhaps motivating Shady Grove
Dairy to construct additional waste structures. The farm has a history of non -compliant waste
levels in their certified structures, and the Regional Office believes the permittee constructed
these waste structures as an attempt to help manage the animal waste produced by Shady Grove
Dairy, Inc.
12. Assessment factors:
A.
IWC ---- NA
B.
Receiving Stream ----- NA
C.
SOC/JOC--------- NA
D.
Copy of MP Screen ----- NA
E.
Copy of Limits Page ---- NA
F.
Damage ------ NA
Certification:
I certify that the information in this report is true to the best of my knowledge.
(Date) Principal Investigator

North Carolina Department of Environmental Quality
Pat McCrory
Governor
September 21, 2015
CERTIFIED MAIL #7013 1710 0002 1922 2644
RETURN RECEIPT REQUESTED
Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Conditions Violations #NOV-2015-PC-0250
Certificate of Coverage #AWC990012
Yadkin County
Dear Mr. Smitherman:
Donald van der Vaart
Secretary
On September 2, 2015 staff of the Division of Water Resources' Winston-Salem Regional Office
(DWR-WSRO) investigated a complaint alleging that Shady Grove Dairy had built and was using
two uncertified waste structures. These are in addition to the previous unpermitted waste structure
discovered in a June 2015 complaint investigation. The following violations and concerns are
described below. A final copy of the September inspection report is also attached for your review.
Violations
1. During the September 2, 2015 investigation, DWR-WSRO staff persons Melissa Rosebrock and
Michael Shepherd documented the presence of two uncertified waste structures constructed and
being maintained by Shady Grove Dairy. One structure is located off Butner Mill Road
(PIN#586900569530) and the other off Gypsie Road (PIN#594000362982). Both structures are
in Yadkin County and were reportedly constructed in 2012.
Regarding the Butner Mill Road waste structure - Animal waste is off-loaded into a concrete
catch basin and is transferred to the waste structure via an underground pipe. -The dam of this
uncertified structure is at least 20 feet high and encompasses approximately 0.36 acres in
surface area. The dimensions are approximately 78'xl23'xl65'. This structure is about 10 feet
deep and on the date of our investigation, contained about a foot of waste in the bottom.
Concerning the Gypsie Road animal waste structure - Waste is again off-loaded into a concrete
catch basin and conveyed to the uncertified structure via a 489 foot (approximately)
underground pipe. The surface area of the waste structure is about 0.46 acres with a dam height
of at least 20 feet. This structure is about 10 foot deep and contains 1-2 feet of manure. The
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone: [phone] \ Internet: www.ncwaterauality.org
An Equal Opportunity \ Affrmative Action Employer —Made in part by recycled paper

Smitherman-NOI
September 21, 2015
Page 2
uncertified structures located off Butner Mill and Gypsie Roads fail to meet NRCS
standards and are therefore in violation of the Certified Animal Waste Management Plan
(CAWMP) and condition I.3. of the Cattle Waste Management System General Permit.
Failure to properly operate and maintain the waste collection, treatment, and storage
facilities is also a violation of condition R.I. of the Permit.
2. There is evidence and confirmation of a dragline system being used for animal waste application
near both uncertified waste structures. The dragline system is not detailed in Shady Grove
Dairy's CAWMP as an approved method of waste application and there is no record of field
calibration. Failure to make required "major changes" to the CAWMP is a violation of
permit condition I.3. while the failure to test and calibrate all waste application equipment
is a violation of condition H.24.
Additional Concerns
Several tons of cattle waste was observed in the field at the Butner Mill Road site. The
stockpiled waste was at least 10 feet high with evidence of leachate flowing from the stockpile.
There were no surface water quality concerns due to run-off however.
2. A feedlot was discovered in a denuded lot off Butner Mill Road. The additional cattle
(approximately 20 heifers) should be counted in the stocking records and listed in the CAWMP.
Corrective Actions:
1. All animal waste must be removed from the uncertified waste structures described in this Notice
within thirty (30) days. Per discussions with Ms. Rosebrock on September 2, 2015, it is our
expectation that you have already begun removal of the waste. A record of all applications made
with waste from the two uncertified structures must be recorded on IRR-1 and IRR-2 forms and
the'plant available nitrogen (PAN) balance calculated for each crop and field. A copy of,the
2015 records must be submitted to the WSRO within thirty (30) days of receipt of this Notice,
along with a description of your plans and progress towards retro-fitting and bringing the
structures up to NRCS standards.
2. If Shady Grove Dairy intends to continue using the dragline system, it must be properly certified
by a technical specialist and/or engineer. Your written response should also include a detailed
description of the waste application system(s) you intend to use at both the Butner Mill and
Gypsie Road sites (hydrants, hose, pump, emergency cut-off, etc.).
3. The dragline application system must be calibrated and the data sheet submitted to the WSRO
within thirty (30) days. A copy of the "Field Calibration Procedures for Hose -Drag Wastewater
Equipment" is attached for your use.
4. Stockpiled waste at the Butner Mill Road site must be applied immediately and applications
recorded on SOLID-1 and SOLID-2 forms. The plant available nitrogen (PAN) balance must
also be calculated for each field receiving the waste.

Smitherman-NOI
September 21, 2015
Page 3
This office is considering recommending a civil penalty .assessment for the above referenced
violations. If you wish to present an explanation for the violations cited, or if you believe there are
other factors which should be considered; please send such information to me in writing within
thirty (30) days following receipt of this letter. All information will be reviewed, and if
enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for consideration. Any written response(s) should be sent to my
attention at the address shown on the letterhead.
Be advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations. If you have
questions concerning this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachment
cc: NCDENR-DWR Animal Feeding Operations Program
Yadkin County SWCD/NRCS
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Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
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Page 2 of 2
This letter is in response to the uncertified waste
structures located off Butner Mill and Gypsie Road in East Bend,
North Carolina. The structures were not used as storage
structures. The sites were used as a frac tank to apply manure
through a dragline system. These sites were used coming out of
winter months to apply on small grains. The reason being, to
prevent soil compactions which are a major cause of yield loss
here in the Piedmont. None of the manure from the above listed
sites has reached a nearby stream or creek. Nor has there been
any manure overflow from Shady Grove Dairy.
The stockpile of cattle waste at the Butner Mill location
that was observed has been spread. The site and field has now
been sown in small grains. The "feedlot" that was observed is a
catch pen. Occasionally during winter months, hay is fed there.
The dairy heifers at this location are handled several times
during there stay here of approximately 16 months in a pasture.
This methodology of having a place.to catch heifers is a common
practice all across America. A feedlot would require a much
larger area.
The dragline system has a flow meter and an emergency cut
off valve. The gallons were totaled for the field and divided
by acreage.
Shady Grove Dairy is working closely with Sam Bingham on
getting the above listed sites to meet NRCS standards. Soil has
been tested and surveys taken. However, due to a recent 7
inches of rain, the process has taken longer than anticipated.
Finally, after many failed attempts in the past and after Sam
Bingham made contact with the office, the NRCS office located in
Yadkinville has agreed to assist Shady Grove Dairy in getting
the (CAWMP) up to date.
Sincerely,
Maurice Smitherman/Shady Grove Dairy
Sent from my iPad
htMc•//lnnin vaAtnl V,t- 1N10/7MQ

Form SLPP-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Opera Phone #
Crop Type
rfl i r21
Manure -Solids Application Field Record /
One Form for Each Field Per Crop Cycle
I
Facility Number l �—
Spreader Operator
Spreader Operator's
Address
Operator's Phone #
Waste Management Plan
Recommended PAN
Loading (lb/acre) = (8)
Date
(mni/dd/yr)
# of Loads Per Field
I
Weight of Loads
(tons)
Total Weight
(tons) .,
(2) " (3)
_
Weight Per Acre
(lons/ac)
(4) + (A)
Waste Analysis a
PAN QbRon)
V I
PAN Applied '
(Ib/ac)
(8) ;(5)
lot
Nitrogen Balance
g
b/ac
B -(7)
r 7
711 e
a � 95
.sr4 .7
Crop Cycle Total
Owner's Signature Operator's Signature
ertified Operator (Print) Operator Certification #
operators manual for the spreader. Contact a local dealer y you do not eve your owners manual
1 waste management plan for sampling frequency. At a minimum, waste nayeis Is required within 80 days of land application events.
received by subtracting column (7) from (e). Continue subtracting colum (7) from column (8) following each application event..
' Can be round
See your enim
Enter the vela

FORM SOLID-1 Manure Solids Application Field Record
For Recording Manure Solids Appiicaton Events on Different Fields
Farm Owner Facility Number
Spreader Operator
Tract &
Field #
Date
(mm/d r)
***Weather
Code
Crop Type
Field Size
(acres)
Application
Method`
Number
of Loads
per Field
Volume of
each Load"
(tons)
0 1
/ /
S Y a
al to
' SI = soil incorporated (disked); BR = broadcast (surface applied).
Can be found In operator's manual for the spreader. Contact a local dealer If you do not have your owner's manual.
"' Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy
3/14/03

CALIBRATING SOLID AND SEMI -SOLID MANURE SPREADERS USING THE WEIGHT -AREA METHOD
1. Spread a tarp or plastic shed over the ground surface and secure with pins or small weights. The tarp
should have at least 100 square feet (91512', 10'5101, etc.) of surface area.
R15B '6
a. width 5 length_ =area ftz
350 .. . 3 ,a5o
2. Start applying manure downran of the tarp and spread directly across the center of it in a manner similar
to the regular spreading patterns and settings of the applicator (speed, spreader settings, overlap).
Trial
Trial
Trial
b. Forward speed, gear, or
throttle
/ J�
setting
c. PTO speed or setting
IJr®
�tj( )
M/�
WI I'l
d. Spreader gate setting
3. Transfer the manure collected on the tarp into a weighing container and weigh using an accurate set of
spin- tension or platform scales.
e Empty weight of weighing container(] Ibs
f. Gross weight of container + manure 3 (e;I %%76
((6 lbs
g. Net weight of manure (f — e) - —� a 'i i 16 20, ZN Ibs
4. Compute the manure application rate:
It. Area or tarp (a)
I %, 75a
f. Application rate (g + h)
). Application rate (i 5 43560 + 2000) v ID
5. Compute the nutrient application rate:
IL Manure analysis
I. Application rate
G 5 k)
N
P101
K20
N
Pa0a
K20
a�l'Ja�c,T Its
1 �4 Ibs/ft2
tonstacre
Ihs/ton
Ibs/ton
Ibstton
Ibs/acre
Ibs/acre
Ibs/ecre
6. If the application rate is not acceptable, repeat the procedure at different spreader settings, speeds,
or both (item 2) until the desired application rate is achieved.
Prepared by
J.C. Barker, Biological and Agricultural Engineering Extension Specialist
R.O. Evans, Biological and Agricultural Engineering Extension Specialst
D.A. Crouse, Soil Science Extension Specialist
2,500 copies of this public document were printed at a cost of $607, or $.24 per copy.
Published by
NORTH CAROLINA COOPERATIVE EXTENSION SERVICE
Distributed in furtherance of the Acts of Congress of May 8 and June 30, 1914. Employment and program opportunities are offered to a8 people
regardless of race, color, rational origin, sex, age, or disability. North Carolina State University, North Carolina A&T State University, U.S. Department of
Agriculture, and local governments cooperating.
E97-31965

Distributed in knherance of the acts of
ConWes of May a and June 30, 1914.
North Carolina State University and North
Carolina A&T Stare University commit
shemseh,es to positive action to secure
equal oppontidty regardless of race,
color. awd, national origin, religion,
sex. age, or disability. In addition, the tvm
Universities welmne all persons without
regard to sexual odwtation North Carolina
State University, North Carolina A&T State
University, U.S. eepadrnern of Agriculture,
and local govermwnrs cooperadng
r:
se Drag Systems for Land Applicatio
Of Liquid Manure and Wastewater
The hose drag waste application system that
broadcasts wastewater over the ground has
gained popularity in North Carolina, and it
offers several advantages over traditional
irrigation and wastewater injection systems.
Depending on the current system used, hose
drag systems may reduce odor, make more
nitrogen available to the plants, decrease
compaction, increase management
flexibility; and/or save time. While the hose
drag system can be expensive, contractors
offer hose drag waste application as a
service. Operators should carefully consider
all their options for land application of
liquid manure and municipal and industrial
wastewater and then choose the system that
is most appropriate for their operations.
A hose drag system uses a hose to
transport wastewater or sludge from a
storage unit to an apphcation unit normally
pulled by a tractor. Wastewater' may be
injected or surface broadcast with such
units. The application unit has a manifold,
or distribution box, that sends the
wastewater to individual discharge units
mounted on a tool bar or frame 1 to 2 feet
above the ground. The number of discharge
locations depends on the width of the unit.
The discharge unit may simply have flex
tubing discharging against splash plates, or
it may have tubing connected to hooded
discharge points. In operation, the multiple
outlet points combine to discharge a thin
curtain of wastewater. Figure.1 and Figure 2
show the manifold and discharge points for
hooded and splash plate configurations,
respectively. Immediately in front of the
discharge points are aeration tines, or
knives, that help wastewater infiltrate the
soil. The tines may be set to different "toe-
A&T�MTErry
E UMMISrrY
COWERATME
®EMNSION
® Helping Peopie Put Snowkdg, to Work
Figure 1. A typical hose drag type wastewater
application unit with hooded outlets in operation.
Figure 2 Hose drag application unit with splash plate
outlets.
in" angles to control degree of soil
fracturing. Depth of penetration depends on
soil type and the weight of the hose drag
unit; the maximum depth achievable is
usually about S inches. Weights added to the
frame of the unit may aid tine penetration.
Concrete blocks or 55-gallon drums filled
with water can serve as weights. Figure 3
shows tine gangs, and Figure 4 shows an
aerated surface. Since these units apply
'Wastewater in this publication refers to both liquid manure
and municipal and industrial wastewater.

REPORT#
GROWER ADDRESS ADDRESS2 CITY '
STATE
ZIP FARM NAPCOUNTY
SAMPLE ICWASTE
CODESCRIPTICN
W001584
Maurice Sn 4641 Thomas Rd East Bend
NC
27018 Yadkin
1 LSD
Dairy Liq. Slurry
W001584
Maurice Sn 4641 Thomas Rd East Bend
NC
27018 Yadkin
2 LSD
Dairy Liq. Slurry
W001584
Maurice Sn 4641 Thomas Rd East Bend
NC
27018 Yadkin
3 FCD
Compostec 7680
%5Ae
,�R015
v /s

TKN INORG. N NHN_RESU NON_RESU ORG. N UREA P K Ca Mg 5 Fe Mn
188 1650 714 350 149 120 10.4 8.75
186 1660 707 351 148 114 10.2 8.52
1440 7190 8290 2270 1120 5430 112 70.1

C/N pH SS DRY_MATTCAL_CARB AG_LIME_FAPPL_METIAppIMethlA�plMethlAppIMethlAppIMethlApplMethlAppIMethl
7.26 Broadcast 5.82 3.59 16.5 5.95 2.92 1.24 1
7.31 Broadcast 5.97 3.55 16.6 5.9 2.93 1.24 0.95
9.12 475 48 Broadcast t 2.95' 1.91 6.62 4.77 1.31 0.64 3.13

ADVISOR4 Date Recei, Complete Date
(n O w
9/4/2015 ######## 0
9/4/2015 ######## ?�
9/4/2015 ########
a
2m
M
N
a

Photographs
and
Maps
Attachment D

Location of June 2015 complaint investigation
Gypsie Road Site
The unpermitted waste structure located off Gypsie Road is one of two discovered
during our September 2015 complaint investigation. The other is located off Butner
Mill Road and is described in later photos.
Note that the unpermitted waste structure located off Gypsie Road site is
approximately 1.37 miles from another unpermitted structure discovered during a
June 2015 (PC-2015-0028) Timothy A. Smitherman/Shady Grove Dairy complaint
investigation. The permittee did not mention the two current unpermitted waste
structures during the June 2015 investigation.
All photos were taken on September 2, 2015. Yadkin County GIS aerial photos are
from 2014.
Gypsie Road site
Page 1- Smitherman

` i♦ �y�ryyt `F �, � {� k J.. /+" 1� � �'i �T.. �F"IS Z .n wr.� f
• U
�f�+'firY'^• ``� t ,;''. }� � ',�`�,� r i '��•>, 4ui r ��• � 'n,�.' � is � .I aIF z .����`�� -1
f•J��,7 ,F,Syt {��.yl^� ti it'a '',N.+ j � .*yam J.t � ; �S�.,yr� y/l� r a 1. I�, aye .� y � }.
.I -�'ar4 �Iy. SIG /1 E{ ✓. ,fY -A . .� + 1 t �X y' Il.}.� y .% L r .j� f d - :'...:. :tea T.�.:k 'f•' s:' A.

Per Timothy A. Smitherman, the
unpermitted waste structure
located off Gypsie Road in Yadkin
County was constructed in 2012.
Property is owned by Shady Grove
Partners LLC (PIN 594000362982).
Pipe in photo is used to land apply
animal waste using a dragline
system at the Gypsie Road site.
The unpermitted waste structure at the Gypsie
Road location is approximately 81' X 168' X
147' with 0.46 acres of surface area. The
structure is about 10 feet deep and contained
1-2 feet of manure on the date of our
investigation.
Page 3 - Smi[herman

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AS
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}r
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f.
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.9.���g [1 i J 'J ,+ Y
..Z.7:A :Ik-�i„� c. x3tll AJJV ,!`r.

�Y„8 r I i I
I Y" T.•' t
YCrY t yY4. Y.
'�r3Q:416� 90.4
(
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PINiN:00900 0
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�a�]�',� x��✓T� Y i �. .I
Butner Mill Road Site
Waste is off-loaded into a concrete_
catch basin and transferred to the
unpermitted waste structure via an
underground PVC pipe. Note plume of
waste entering unpermitted structure
which was constructed in 2012. The
uncalibrated dragline system is in use in
the top portion of the photo. Property
is owned by Timothy A. Smitherman.
Page 5 - Smitherman

r,
1
r,,p�l 0701

Note Winston-Salem Regional Office staff standing on dam of
unpermitted animal waste structure in middle of corn field
located off Butner Mill Road. Dam is at least 20 feet tall and is
overgrown with weedy but non -permanent vegetation.
The unpermitted animal waste structure at the Butner Mill Road location
is approximately 78'x123'x165' and encompasses a pproximately0.36
acres of surface area. The structure is about 30 feet deep and contained
one foot of waste on the date of our investigation.
Dam
Page 7-Smitherman

Close-up of animal waste application at Butner Mill Road site using dragline system that is not in Certified Animal
Waste Management Plan (CAWMP) and was not calibrated vriorto use. Photo is from Yadkin Countv GIS dated
�a1
d
!S
PINN jyjl'�AOOSb9Sr'l�
,��";
1
f099-9Q.4704$
a N
Page 9 - Smitherman

North Carolina Department of Environmental Quality
Pat McCrory
Governor
September 21, 2015
CERTIFIED MAIL R7013 1710 0002 1922 2644
RETURN RECEIPT REQUESTED
Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Conditions Violations 9NOV-2015-PC-0250
Certificate of Coverage #AWC990012
Yadkin County
Dear Mr. Smitherman:
Donald'van der Vaart
Secretary
On September 2, 2015 staff of the Division of Water Resources' Winston-Salem Regional Office
(DWR-WSRO) investigated a complaint alleging that Shady Grove Dairy had built and was using
two uncertified waste structures. These are in addition to the previous unpermitted waste structure
discovered in a June 2015 complaint investigation. The following violations and concerns are
described below. A final copy of the September inspection report is also attached for your review.
Violations
1. During the September 2, 2015 investigation, DWR-WSRO staff persons Melissa Rosebrock and
Michael Shepherd documented the presence of two uncertified waste structures constructed and
being maintained by Shady Grove Dairy. One structure is located off Butner Mill Road
(PIN#586900569530) and the other off Gypsie Road (PIN#594000362982). Both structures are
in Yadkin County and were reportedly constructed in 2012.
Regarding the Butner Mill Road waste structure - Animal waste is off-loaded into a concrete
catch basin and is transferred to the waste structure via an underground pipe. -The dam of this
uncertified structure is at least 20 feet high and encompasses approximately 0.36 acres in
surface area. The dimensions are approximately 78'x123'xl65'. This structure is about 10 feet
deep and on the date of our investigation, contained about a foot of waste in the bottom.
Concerning the Gypsie Road animal waste structure - Waste is again off-loaded into a concrete
catch basin and conveyed to the uncertified structure via a 489 foot (approximately)
underground pipe. The surface area of the waste structure is about 0.46 acres with a dam height
of at least 20 feet. This structure is about 10 foot deep and contains 1-2 feet of manure. The
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone: [phone] \ Internet: www.ncwaterouality.org
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

Smitherman-NOI
September 21, 2015
Page 2
uncertified structures located off Butner Mill and Gypsie Roads fail to meet NRCS
standards and are therefore in violation of the Certified Animal Waste Management Plan
(CAWMP) and condition I.3. of the Cattle Waste Management System General Permit.
Failure to properly operate and maintain the waste collection, treatment, and storage
facilities is also a violation of condition II.1. of the Permit.
2. There is evidence and confirmation of a dragline system being used for animal waste application
near both uncertified waste structures. The dragline system is not detailed in Shady Grove
Dairy's CAWMP as an approved method of waste application and there is no record of field
calibration. Failure to make required "major changes" to the CAWMP is a violation of
permit condition I.3. while the failure to test and calibrate all waste application equipment
is a violation of condition H.24.
Additional Concerns
1. Several tons of cattle waste was observed in the field at the Butner Mill Road site. The
stockpiled waste was at least 10 feet high with evidence of leachate flowing from the stockpile.
There were no surface water quality concerns due to run-off however.
2. A feedlot was discovered in a denuded lot off Butner Mill Road. The additional cattle
(approximately 20 heifers) should be counted in the stocking records and listed in the CAWMP.
Corrective Actions:
1. All animal waste must be removed from the uncertified waste structures described in this Notice
within thirty (30) days. Per discussions with Ms. Rosebrock on September 2, 2015, it is our
expectation that you have already begun removal of the waste. A record of all applications made
with waste from the two uncertified structures must be recorded on IRR-1 and IRR-2 forms and
the plant available nitrogen (PAN) balance calculated for each crop and field. A copy of the
2015 records must be submitted to the WSRO within thirty (30) days of receipt of this Notice,
along with a description of your plans and progress towards retro-fitting and bringing the
structures up to NRCS standards.
2. If Shady Grove Dairy intends to continue using the dragline system, it must be properly certified
by a technical specialist and/or engineer. Your written response should also include a detailed
description of the waste application system(s) you intend to use at both the Butner Mill and
Gypsie Road sites (hydrants, hose, pump, emergency cut-off, etc.).
3. The dragline application system must be calibrated and the data sheet submitted to the WSRO
within thirty (30) days. A copy of the "Field Calibration Procedures for Hose -Drag Wastewater
Equipment' is attached for your use.
4. Stockpiled waste at the Butner Mill Road site must be applied immediately and applications
recorded on SOLID -I and SOLID-2 forms. The plant available nitrogen (PAN) balance must
also be calculated for each field receiving the waste.

■ CompletaAems 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.
r Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
Mr. Timothy A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
A.
❑ Agent
B. Received by (Pdnted Name) C. Date of Delivery
f ieA1e, 5i-he.rm&q
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Se ce Type
Certified Mail
❑ Express Melt
❑ Registered
❑ Return Receipt for Merchandise
❑ Insured Mall
❑ C.O.D, 1, 1
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. r 7013- 1710 0002 1922 2644 (—''
PS Form 3811, February 2004 Domestic Return Receipt 9-3 ;,5-

UNITED STATES POSTAL.a§ERVICE
.First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box
DIVISION OF WATER RESOURCES
Water Quality Regional Operations
450 West Hanes Mill Road, Suite 300
Winston-Salem, IVC 27105
III,iiulilil lili�i 1j111111alrlll illl 11 lrlllrhlillllll llll

Smitherman-NOI
September 21, 2015
Page 3
This office is considering recommending a civil penalty .assessment for the above referenced
violations. If you wish to present an explanation for the violations cited, or if you believe there are
other factors which should be considered; please send such information to me in writing within
thirty (30) days following receipt of this letter. All information will be reviewed, and if
enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for consideration. Any written response(s) should be sent to my
attention at the address shown on the letterhead.
Be advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations. If you have
questions concerning this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely, ,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachment
cc: NCDENR-DWR Animal Feeding Operations Program
Yadkin County SWCD/NRCS
WSRO Facility Files

I

s
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IITax Deed Deed -ter— - Fire
Card PIN Total Acres Book Page,I Owner Owner2 Addressl, Address2 Clty I State Zip Location Dist
H15
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594000312982
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PIN:
5940DO362982
Total Acres:
26.289116
Deed Book:
917
Deed Page:
161
Owner. SHADY GROVE PARTNERS LLC
Owner2:
Addressl:
1040 HOOT OWL HOLLOW RD
Address2:
City
EAST BEND
State:
NC
Zip:
27018
Location:
SHADY GROVE CH RD OFF
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9/1/2015

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9/1/2015

t
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WED HOSTING See Below for Disclaimer
t�
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36- 23�445 r8Q.548465 .201,4
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This information provided by the Yadkin County Government Website is a public service to the citizens of Yadkin County. The recipient may use this information with the
understanding that Yadkin County makes no warranties, although every attempt will be made to ensure the information is accurate and timely. This web site is no
intended to replace official sources and information should not be considered error -free or not be used as the exclusive basis for decision -making. The use of the
information provided by this Web site is strictly voluntary and at the useriE—s sole risk. Yadkin County assumes no responsibility or liability whatsoever associated with
the use or misuse of this data.

i
Yadkin
&CON N ECTGIS Printed August 18, 2015
WEB HOSTING See Below for Disclaimer
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his information provided by the Yadkin County Government Website is a public service to the citizens of Yadkin County. The recipient may use this information with the
nderstanding that Yadkin County makes no warranties, although every attempt will be made to ensure the information is accurate and timely. This web site is no
mended to replace official sources and information should not be considered error -free or not be used as the exclusive basis for decision -making. The use ofthe
nformation provided by this Web site is strictly voluntary and at the userSE-s sole risk. Yadkin County assumes no responsibility or liability whatsoever associated with
he use or misuse of this data.

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information provided by the Yadkin County Government Website is a public service to the citizens of Yadkin County. The recipient may use this information with the understanding that Yadkin County makes no warranti
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.mended to replace official sources and information should not be considered emor-free or not be used as the exclusive basis for decision -making. The use ofthe
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the use or misuse of this data.

DREPORT# GROWER ADDRESS ADDRESS2 CITY STATE ZIP FARM NAPCOUNTY SAMPLE IEWASTE CCDESCRIPTI(N
W001584
Maurice Sn 4641 Thomas Rd
East Bend
NC
27018
Yadkin
1 LSD
Dairy Liq. Slurry
W001584
Maurice Sn 4641 Thomas Rd
East Bend
NC
27018
Yadkin
2 LSD
Dairy Liq. Slurry
W001584
Maurice Sn 4641 Thomas Rd
East Bend
NC
27018
Yadkin
3 FCD
Compostec 7680
V,s

TO INORG. N NHN_RESU NON_RESU ORG. N UREA P K Ca Mg S Fe Mn
188 1650 714 350 149 120 10.4
186 1660 707 351 148 114 10.2
1440 7190 8290 2270 1120 5430 112
8.75
8.52
70.1

C/N pH SS DRY_MATTCAL_CARB AG_LIME_FAPPL_METIApplMethlApplMethlApplMethlApplMethlApplMethlApplMethl
7.26
Broadcast
5.82
3.59
16.5
5.95
2.92
1.24
1
7.31
Broadcast
5.97
3.55
16.6
5.9
2.93
1.24
0.95
9.12 475 48
Broadcast
2.95
1.91
6.62
4.77
1.31
0.64
3.13

ADVISOR4 Date Recei, Complete Date
9/4/2015 ########
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Page 2 of 2
'. From : Maurice Smitherman Sun, Oct 18; 2015 03:32 PM'
<mssmitherman@yadtel:net> RECEIVED
.. f, . N:C. Dept. of ENR
Subject : Manure -waste OCT 2'3 2015
To: Shonda Smitherman
N°Fc
<[e-mail]> REGiorne,OF E
This letter is in response to the uncertified waste
structures located off Butner Mill and Gypsie Road in East Bend,
North Carolina. The structures were not used as storage
structures. The sites were used as a frac tank to apply manure
through a dragline system. These sites were used coming out of
winter months to apply on small grains. The reason being, to
prevent soil compactions which are a major cause of yield loss
here in the Piedmont. None of the manure from the above listed
sites has reached a nearby stream or creek. Nor has there been
any manure overflow from Shady Grove Dairy.
The stockpile of cattle waste at the Butner Mill location
that was observed has been spread. The site and field has now
been sown in small grains. The "feedlot" that was observed is a
catch pen. Occasionally during winter months, hay is fed there.
The dairy heifers at this location are handled several times
during there stay here of approximately 16 months in a pasture.
This methodology of having a place to catch heifers is a common
practice all across America. A feedlot would require a much
larger area.
The dragline system has a flow meter and an emergency cut
off valve. The gallons were totaled for the field and divided
by acreage.
Shady Grove Dairy is working closely with Sam Bingham on
getting the above listed sites to meet NRCS standards. Soil has
been tested and surveys taken. However, due to a recent 7
inches of rain, the process has taken longer than anticipated.
Finally, after many failed attempts in the past and after Sam
Bingham made contact with the office, the NRCS office located in
Yadkinville has agreed to assist Shady Grove Dairy in getting
the (CAWMP) up to date.
Sincerely,
Maurice Smitherman/Shady Grove Dairy
Sent from my iPad
https://Iogin.yadtel.net/h/printmessage?id—C:7346&tz--Arnerica/New_York 10/19/2015

Form SLP-2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
7es Phone #
Crop Type
fn 121
ManuniSolids Application Field Record /
One Form for Each Field Per Crop Cycle
i
Facility Number
A% u• I
Spreader Operator
Spreader Operator's
Address
Operator's Phone #
Waste Management Plan
Recommended PAN
Loading (lb/acre) = (B)
Date
(mrrifdd/yr),
# of Loads Per Field
I
Weight of Loads
(tons)
Total Weight
g
(tons)
(2) ■ (3)
Weight Per Acre
g
(tons/ac)
(4) + (A)
Waste Analysis 2
N
PAN pb/ton)
PAN Applied
Qb/ac)
(6) 0 ,I(5)
Nitrogen Balance
(B)
i
1
Crop Cycle Total'
Owners Signature Operator's Signature
ertified Operator (Print) Operator Cergfication #
operator's manual for the spreader. Contact a local dealer If you do not eve your owner's manual.
I waste management plan for sampling frequency. At a minimum, waste nalysis is required within 80 days of land application events.
received by subtracting column (7) from (B). Continue subtracting col(7) from cot ann (8) following each application event.,
Can be found
See your anlm
Enter the valu

FORM SOLID-1 Manure Solids Application Field Record
For Recording Manure Solids Applicaton Events on Different Fields
Farm Owner Facility Number
Spreader Operator
�®Number
Volume of
ate■■
��
�■
����■�■moo
SI = soil incorporated (disked); BR = broadcast (surface applied).
Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual.
"' Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy
3/14/03

CALIBRATING SOLID AND SEMI -SOLID MANURE SPREADERS USING THE WEIGHT -AREA METHOD
1. Spread a tarp or plastic sheet over the ground surface and secure with pins or small weights. The tarp
should have at least 100 square feet (9'512', 10'510', etc.) of surface area.
R5'0 ?5r730
a. width _ 5 length r - area f12
- 3 Va56
2. Start applying manure downranof the tarp and Reread directly across the center of it in a manner similar
to the regular spreading patterns and settings of the applicator (speed, spreader settings, overlap).
Trial 1
b. Forward speed, gear, or
throttle setting
C. PTO speed or setting
d. Spreader gate setting
Trial 2
Trial 3
r /Y
3. Transfer the manure collected on the tarp into a weighing container and weigh using an accurate set of
spin- tension or platform scales.
e Empty weigh of weighing container-J YJ Ibs
f. Gross weigh of container + manure6y75V _ Ibs
g. Net weight of manure (f - e) a46 a tJ i f d a Ills
4. Compute the manure application rate:
h. Area or tarp (a)
I. Application rate (g + h) / . Q_
). Application rate (i 5 435M + 2000) R b j
5. Compute the nutrient application rate:
k. Manure analysis N a
P20a
K20
1. Application rate N
G 5 k) P20a
K20
aalae � tt2
lbs/tt2
<�r tons/acre
Ibs/ton
Ibs/ton
Ibs/ton
Ibs/acre
6. If the application rate is not acceptable, repeat the procedure at different spreader settings, speeds,
or both (Item 2) until the desired application rate is achieved.
Prepared by
J.C. Harker, Biological and Agricultural Engineering Extension Specialist
R.O. Evans. Biological and Agricultural Engineering Extorman Specialist
D.A. Crouse, Soil Science Extension Specialist
9500 copies of 111is public document were printed at a oast of $W7, or $.24 per copy.
.. °.'i
NORTH CAROLINA COOPERATIVE EXTENSION SERVICE
Distributed In hutherence of the Acts of Congress of May 8 and Aim 30. 1914. Employment and program opportunities are offered to all people
regardless of raoe, color. national origin, sax, age. or disability. North Carolina State University, North Carolina A&T State UnlversitX U.S. Department of
Agriculture, and focal govemments cooperating. _
7/S7-2.5M—JMG/KEL AG-553-4
E97-31955

Hose Drag Systems for Land Application
of Liquid Manure and Wastewater
Distritoned in furttermix, of the acts of
Congress of May 8 and June 30. 1914.
North Carolina State University and North
Carolina A&T State University cmmnit
themsehies to positive action to secure
equal opportunity regardless of race,
color, creed, nadonxl origin, religion,
sex, age, or disability. In addition, the we
Universities vvelcane all persons without
regard to sexual orientation. North Carolina
State University, North Carolina A&T State
University. U.S. Department of Agriculture,
and local gmemments cooperating.
The hose drag waste application system that
broadcasts wastewater over the ground has
gained popularity in North Carolina, and it
offers several advantages over traditional
irrigation and wastewater injection systems.
Depending on the current system used, hose
drag systems may reduce odor, make more
nitrogen available to the plants, decrease
compaction, increase management
flexibility, and/or save time. While the hose
drag system can be expensive, contractors
offer hose drag waste application as a
service. Operators should carefully consider
all their options for land application of
liquid manure and municipal and industrial
wastewater and then choose the system that
is most appropriate for their operations.
A hose drag system uses a hose to
transport wastewater or sludge from a
storage unit to an application unit normally
pulled by a tractor. Wastewater' may be
injected or surface broadcast with such
units. The application unit has a manifold,
or distribution box, that sends the
wastewater to individual discharge units
mounted on a tool bar or frame 1 to 2 feet
above the ground. The number of discharge
locations depends on the width of the unit.
The discharge unit may simply have flex
tubing discharging against splash plates, or
it may have tubing connected to hooded
discharge points. In operation, the multiple
outlet points combine to discharge a thin
curtain of wastewater. Figure 1 and Figure 2
show the manifold and discharge points for
hooded and splash plate configurations,
respectively. Immediately in front of the
discharge points are aeration tines, or
knives, that help wastewater infiltrate the
soil. The tines may be set to different "toe -
Figure 1. A typical hose drag type wastewater
application unit with hooded outlets in operation.
Figure 2 Hose drag application unit with splash plate
outlets.
in" angles to control degree of soil
fracturing. Depth of penetration depends on
soil type and the weight of the hose drag
unit; the maximum depth achievable is
usually about S inches. Weights added to the
frame of the unit may aid tine penetration.
Concrete blocks or 55-gallon drums filled
with water can serve as weights. Figure 3
shows tine gangs, and Figure 4 shows an
aerated surface. Since these units apply
NCSTATE UINIVEBSr Y ' Wastewater in this publication refers to both liquid manure
A&T STATE UNIVERSITY and municipal and industrial wastewater.
COOPERATIVE
J111111111 EXTENSION
- Hetpyng Peopk Put drnmak v to Work

Rosebrock, Melissa
From:
Garoma, Miressa
Sent:
Wednesday, January 27, 2016 4:19 PM
To:
Rosebrock, Melissa
Subject:
RE: AFO Conference call-Smitherman Dairy Yadkin Co.
11 have deleted Ease #;PC�20T50047`from=BINS l didput in comment_tab�that tivas combined with PC�2015 0028'7
From: Rosebrock, Melissa
Sent: Wednesday, January 27, 2016 3:54 PM
To: Garoma, Miressa <[e-mail]>
Subject: RE: AFO Conference call-Smitherman Dairy Yadkin Co.
Thanks Miressa. So what happens to the PC-2015-047 case? That's the second one. Do you just delete that from BIMS?
From: Garoma, Miressa
Sent: Wednesday, January 27, 2016 2:19 PM
To: Rosebrock, Melissa <[e-mail]>
Subject: RE: AFO Conference call-Smitherman Dairy Yadkin Co.
Sorry Melissa, the earlier copy of F&D was messed up. Attached is a copy with a correct page order.
Thanks,
Miressa
From: Rosebrock, Melissa
Sent: Wednesday, January 27, 2016 10:01 AM
To: Garoma, Miressa <[e-mail]>
Subject: RE: AFO Conference call-Smitherman Dairy Yadkin Co.
I'm in now....
Melissa Rosebrock
Environmental Senior Specialist
INC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa. rosebrocklia-Mcdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105

DEPARTMENT OF ENVIRONMENT AND NATURAL
DIVISION OF WATER RESOURCES
August 25, 2015
ToI IMIZIPINUT1
To: Christine Lawson
From: Corey Basinger
Melissa Rosebrock
Subject: Recommendation for Civil Penalty
Case 9: PC-2015-0028
Timothy A. Smitherman/Shady Grove Dairy, AWC990012
Yadkin County
Please find attached, documents supporting the Winston-Salem Regional Office's request for a civil
penalty assessment against Timothy A. Smitherman for failing to maintain required setbacks to a
residence and wells; constructing and using an uncertified animal waste structure; and applying animal
waste in a manner which caused excessive ponding.
Staff from the Winston-Salem Regional Office Division of Water Resources (WSRO-DWR)
performed an announced complaint investigation on June 4, 2015. This was the result of an anonymous
complaint alleging that Shady Grove Dairy over applied waste causing ponding; applied waste too
close to a well and a residence; and that the farm had "dug a hole to store waste so they could spread it
later". Our investigation confirmed that animal waste was spread within the required 100 foot setback
for wells and within the 200 foot setback to a residence. We also documented that Shady Grove Dairy
knowingly and intentionally constructed and maintained a waste storage structure that did not meet
NRCS standards and was not properly certified.
We request that you initiate appropriate action from your office and forward the attached package to
the Director of the Division of Water Resources. The following items are being transmitted for your
review:
A) A completed "Findings and Decisions and Assessment of Civil Penalties."
B) A completed "Water Quality Enforcement Case Assessment Factors."
C) Recent correspondence between the violator and DWR, including a copy of the NOV/NOI letter.
D) Photographs depicting the violations.
E) Map describing the location of the violations.
Please contact Melissa Rosebrock in our office at [phone] for any additional information you
may need.
Attachments
cc: Winston-Salem Regional Office Facility Files

STATE OF NORTH CAROLINA
COUNTY OF YADKIN
IN THE MATTER OF
TIMOTHY A. SMITHERMAN
FOR VIOLATIONS OF CATTLE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1OC
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Case No. PC-2015-0028
FINDINGS :AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources, I, S. Jay Zimmerman, Director of the Division of Water Resources
(DWR), make the following:
I. FINDINGS OF FACT:
A. Timothy A. Smitherman operates and is the registered agent for Shady Grove Dairy Inc.,
a dairy cattle operation located at 4408 Shady Grove Church Road in Yadkin County. Per
Yadkin County tax records, the dairy resides on property owned by Glenn Smitherman.
B. Timothy A. Smitherman was issued Certificate of Coverage AWC990012 (hereby
referred to as COC) under Cattle Waste Management System General Permit
AWG200000 (hereby referred to as permit) for Shady Grove Dairy on May 23, 2003
effective upon issuance, with an expiration date of October 1, 2004. This permit has been
renewed annually and was most recently renewed on October 1, 2014, with an expiration
date of September 30, 2019.
C. Condition No. I.3. of the permit states that the waste collection, treatment, and storage
facilities must be properly operated and maintained. Condition I.3. also states that the
facility's COC and its Certified Animal Waste Management Plan (hereby referred to as
CAWMP) are incorporated by reference into the permit and that the CAWMP must be
consistent with all applicable laws, rules, ordinances, and standards (federal, state, and
local) in effect at the time of siting, design, and certification and that any violation of the
COC or the CAWMP shall be considered a violation of the General Permit.
D. During a June 4, 2015 complaint investigation, Division of Water Resources staff from
the Winston-Salem Regional Office (hereby referred to DWR-WSRO) observed that an

uncertified waste structure was being used to store animal waste from Shady Grove
Dairy. The uncertified structure is located on land owned by Shady Grove Partners LLC
(PIN# 593004541049). On the date of the investigation, the structure contained 1-2 feet
of liquid animal waste. Operator in Charge Maurice Smitherman (hereby referred to as
OIC) confirmed that the uncertified animal waste structure was constructed in 2012
during a period of chronically wet weather for the purpose of emergency storage of cattle
waste. The OIC confirmed that the structure was used again in the spring of 2015 to
avoid potential high freeboard and/or discharge violations.
E. The uncertified animal waste structure fails to meet State or Federal NRCS standards and
is not a part of the CAWMP and has not been approved by DWR-WSRO.
F. The uncertified animal waste structure is not being properly operated and maintained.
G. During the June 4, 2015-investigation, DWR-WSRO documented that Shady Grove
Dairy applied animal waste onto tract 3439 and within 135 feet of a residence, and within
90-feet of a well, both of which are located across the road at 3335 Smithtown Road
(PIN# 593012860370). This residence is not owned by Mr. Smitherman or Shady Grove
Dairy LLC and the well is not a monitoring well.
H. DWR-WSRO also observed that animal waste had been applied onto tract 3439 and
within 60-feet of a well located on an adjacent property (PIN#593000852954). This well
is not a monitoring well.
I. The application of animal waste resulted in excessive ponding of animal waste below and
to the west of the uncertified waste structure and at the Smithtown Road entrance to
application fields located in tract 3439.
J. On June 18, 2015 the DWR-WSRO responded by issuing a Notice of Violation/Notice of
Intent to Enforce (NOV/NOI) to Timothy A. Smitherman for: 1) improperly operating
and maintaining an uncertified waste storage structure in violation of the CAWMP; 2)
failing to maintain required buffers and setbacks from a residence and wells; 3) applying
animal waste in a manner which resulted in excessive ponding. The NOV/NOI was sent
Certified mail and received by Mr. Smitherman's wife on June 22, 2015. The DWR-
WSRO received a response from the violator on July 13, 2015.
L. The costs to the State of the enforcement procedures in these matters totaled $954.10.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Timothy A. Smitherman is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. Timothy A. Smitherman violated permit condition I.3. by failing to properly operate and
maintain the waste collection, treatment, and storage facilities and by operating an

uncertified animal waste structure which fails to meet NRCS standards and is in violation
of the CAWMP.
C. Timothy A. Smitherman violated permit condition II.20 by failing to maintain a 200-foot
buffer between a land application area and a residence not owned by the permittee.
D. Timothy A. Smitherman violated permit condition I.8 by applying animal waste within
100 feet of a well.
E. Timothy A. Smitherman's failure to land apply animal waste without causing excessive
ponding is a violation of condition II.5. of the permit.
F. Timothy A. Smitherman may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A (a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation per day may be assessed against a person who is
required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who
violates or fails to act in accordance with the terms, conditions, or requirements of such
permit or any other permit or certification issued pursuant to authority conferred by this
Part.
G. The State's enforcement costs in this matter may be assessed against Timothy A.
Smitherman pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Director of Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Timothy A. Smmtherman, owner of Triple W Farms at the time of non-
compliance, is hereby assessed a civil penalty of:
for violation of permit condition I.3. by failing to properly operate
and maintain the waste collection, treatment, and storage facility and
operating an uncertified waste management system in violation of
the CAWMP.
5 �a for violation of permit condition H.20. by failing to maintain buffer
strips or equivalent practices as.specified in the CAWMP.
Jr06 Re. ttmcnc@ .
for violation of permit condition I.B. by applying animal waste
within 100 feet of a well that is not a monitoring well.

for violatio of permit condition II.5. by failing to maintain buffer
strips ore valent practices as specified in the CAWMP.
$ 954.10 Enforcement costs
$ TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S.
14313-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated above. Each day of a continuing
violation may be considered a separate violation subject to a maximum $25,000.00 per day
penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for
which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Timothy A.
Smitherman, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date)
Jay Zimmerman, P.G., Director
Division of Water Resources

Assessment Factors
August 24, 2015
Violator: Timothy A. Smitherman — Shady Grove Dairy
Owner: Timothy A. Smitherman
Region: Winston-Salem
1. The degree and extent of harm to the natural resources of the State, to public health or to
private property:
There is no evidence of harm to the natural resources of the state or to public health. To date,
there have been no well samples taken on the adjoining properties on Smithtown Road (i.e.
wells within the 100 foot setback) to determine harm to private property.
2. The duration and gravity of the violations:
Per the OIC, the uncertified waste structure has been in use since 2012. The permittee has had at
least three announced inspections since 2012 at which there was the opportunity to discuss the
use of additional waste storage structures.
3. The effect on ground or surface water quantity or quality or on air quality:
To date, there is no evidence of a detrimental impact upon ground or surface water quality. The
air quality was impacted, however, for those neighbors with residences located within 200 feet
of the application area. Neighbors with mailboxes located near the area where waste was
ponded, were also affected. The complainant stated that they had to walk in manure to get to
their mailbox.
4. The cost of rectifying the damage:
It would cost about $2,880-$3,040 to fill the uncertified structure hole with soil (16 hours x
$100/hr for a trackhoe and $80-$90/hr for a loader). If the permittee were to retro-fit the
structure and bring it up to NRCS standards it would cost at least $20,000.
5. The amount of money saved by noncompliance:
The violator did not save any money by non-compliance. In fact, it cost Mr. Smitherman several
hundred/thousand dollars to install the: 1) concrete drop box into which the animal waste was
off-loaded, 2) underground pipe to convey the waste to the uncertified waste structure; and 3)
construction of the uncertified waste structure. The uncertified structure measures
147'xl47'xl32' in diameter and is 8-10 feet deep with a 3-4 foot dam on one side. Mr.
Smitherman also spent extra fuel by moving the waste from a certified structure on the farm to
the uncertified structure prior to land application.
There was no money saved by failing to abide by well and residence setbacks. Additionally, no
money was saved by excessive ponding.

Assessment Factors - Smitherman
August 24, 2015
Page 2
6. Whether the violation was committed willfully or intentionally:
The WSRO believes that Shady Grove Dairy intentionally chose to construct and use the
uncertified waste structure described in the NOV/NOI. The violator had three years after
construction to bring it up to NRCS standards. At no point during the 2012-2015 compliance
inspections did the owner or OIC mention to WSRO staff that a new waste structure had been
constructed or their desire to bring it up to NRCS standards.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority:
January 2000 — NOV for failing to have markers installed in any of the waste structures;
maintaining a waste structure not in the WUP, and runoff of waste (feed/silage) in the stream.
November 2001— NOV for failing to record a PAN balance on fields receiving waste and
applying waste on a field not in the WUP:
February 2003 - Civil Penalty (including costs) of $1648.85 for failing to maintain the liquid
level in the lagoon at the level specified in the CAWMP. Of this amount, $300 was remitted by
Alan Klimek in July 2003.
August 2003 — Following an Operation Review, a referral was made to WSRO and an
NOV/NOI issued for failure to maintain waste levels below the maximum and failure to: install
a marker, keep the dam mowed, update the CAWMP as required, and perform. soil tests. After
responding to a request for information and completion of POA (plan of action), enforcement
was not pursued and remained as an NOV. 2003 was "the year" of historically high freeboard.
November 2006 — Following an Operation Review, a referral was made to WSRO and an
NOV/NOI was issued for failing to maintain waste levels below the maximum, failure to notify
of high freeboard, and failure to monitor and record weekly waste levels. After permittee
addressed issues and removed sand from waste pond, the violation was left as an NOV.
8. The costs to the State of the enforcement procedures.
Investigator — 1 hours field time and 24 hours enforcement time $ 805.75
Corey Basinger - 1 hour for enforcement review $ 48.35
Administrative Costs $ 100.00
Total Cost $ 954.10
9. Type of Violator:
Timothy A. Smitherman owns and operates Shady Grove Dairy.
10. Violator's degree of cooperation (including efforts to restore) or recalcitrance:
Both Maurice (OIC) and Timothy Smitherman (owner) have been very cooperative. Within a
few hours of being notified of the land application setback complaint, Maurice Smitherman

Assessment Factors — Smitherman
August 24, 2015
Page 3
tilled -in the cattle waste to lessen the odor and the physical impact of the manure. On June 4,
2015 the DWR-WSRO also requested a copy of the application records for tract 3439 and our
office received these within four business days. When he was ask about the use of a "hole to
store waste" the OIC readily admitted that they had been using the uncertified waste structure as
a means to control freeboard levels when the soil was too wet to apply waste. Shady Grove
Dairy also removed and land applied waste from the uncertified structure on tract 3439 (PIN#,
593004541049) within 30 days as requested.
11. Mitigating factors:
The soil conditions were unusually wet in the spring of 2012, perhaps motivating Shady Grove
Dairy to construct a new waste structure.
12. Assessment factors:
A. IWC ---- NA
B. Receiving Stream ----- NA
C. SOC/JOC--------- NA
D. Copy of MP Screen ----- NA
E. Copy of Limits Page ---- NA
F. Damage ------ NA
Certification:
I certify that the information in this report is true to the best of my knowledge.
4UAUO, AA_ -
(Date) Principal Ifivestigator

Timothy A. Smitherman
Shady Grove Dairy — AWC990012
PC-2015-0028
June 4, 2015
In -ground, concrete off-loading station with
8" underground pipe which conveys waste
approximately 100' to the uncertified waste
structure.
Uncertified waste structure containing
animal waste from Shady Grove Dairy.
Structure is approximately 147'xl47'x132'
and 8'-10' deep. Structure contained P-2' of
waste on 6/4/15. Per OIC, structure was built
in 2012.
The dam is about 3'-4' high.
Underground hydrant used to remove waste from structure for application in same tract/field.
Smitherman/Shady Grove Dairy - Page I 1

Homeowner's
mailbox and
drinking water
well.
Animal waste from Shady Grove Dairy was
applied 60 feet from a well located at New
Home Methodist Church on Smithtown
Road. Church property is adjacent to
application field in tract 3439. Permit
requires that any application of animal
waste be at least 100 feet from a well.
Note excessive ponding of animal waste
near homeowner's mailbox.
Animal waste from Shady Grove Dairy was also applied 135 feet from a residence located across the road from
tract 3439 on Smithtown Road and 90 feet from the homeowner's drinking water well. The permit requires a 200
foot setback from a residence.
Smitherman/Shady Grove Dairy - Page 12

Excessive ponding was noted in field below the uncertified waste structure.
Note evidence of nutrients in grassed waterway.
Smitherman/Shady Grove Dairy - Page 13
r.

A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 18, 2015
CERTIFIED MAIL # 7009 2250 0004 1083 6340
RETURN RECEIPT REQUESTED
Tim A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Conditions Violations #NOV-2015-PC-0158
Certificate of Coverage #AWC990012 _
Yadkin County
Dear Mr. Smitherman:
Donald van der Vaart
Secretary
As you are aware, on June 2, 2015 staff of the Division of Water Resources' Winston-Salem
Regional Office (DWR-WSRO) received a complaint alleging that Shady Grove Dairy: 1) over
applied animal waste on crop fields near New Home Methodist Church on Smithtown Road; 2)
caused the ponding of animal waste near the mailboxes on Smithtown Road; 3) applied animal
waste too close to neighboring wells; and 4) had "dug a hole to store waste". A final copy of the
inspection report is attached for your review. During the June 4, 2015 investigation, DWR-WSRO
staff person Melissa Rosebrock documented the following:
Violations
1) A waste storage structure was observed on tract 3439 (Parcel#153542) which is owned by I
Shady Grove Partners LLC. The structure is being used for the storage of animal waste from �.
Shady Grove Dairy. The uncertified waste structure is triangular in shape with dimensions
of approximately 147' X 147' X 132'. At the time of the investigation, the structure/hole was
approximately 8-10' deep and contained 1-2' feet of liquid waste. The "dam" is 3-4 feet high
on one side.
Per Operator in Charge (OIC), Maurice Smitherman, the uncertified waste structure was
constructed in 2012 during a period of chronically wet weather for the purpose of
emergency storage of cattle waste. The waste structure was used again this spring to avoid
the potential for high freeboard and/or discharge violations. Freeboard records indicate no
violations this year and a May 2015 inspection documented that waste storage ponds #2 and
#3 were almost empty. The WSRO was not notified of any waste storage capacity issues this
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone: [phone] \ Internet: www.ncwaterguality.org
An Equal Opportunity \Affirmative Action Employer —Made in part by recycled paper

Smitherman-NOI
June 18, 2015
Page 2
The uncertified waste structure is located approximately 100 feet downslope of a hard -
packed dirt farm road. An off-loading station is located along the farm road and is
constructed below ground and made of PVC and concrete and is designed to convey the
waste by gravity from a slurry tank, through an underground 8" PVC pipe, to the uncertified
waste structure. On the downslope side of the uncertified waste structure is a suction hose
and pump, designed to remove waste from the waste structure so it can be land applied onto
surrounding fields in tract 3439.
The uncertified structure fails to meet NRCS standards which js a violation of the
Certified Animal Waste Management Plan (CAWMP) and condition I.3. of the Cattle
Waste Management System General Permit. Failure to properly operate and maintain
the waste collection, treatment, and storage facilities is also a violation of condition R.1.
of the Permit.
2) Animal waste was applied onto fields along Smithtown Road located on tract 3439 within
135 feet of a residence. Failure to maintain a 200-foot buffer between the land
application area and a residence not owned by the permittee is a violation of the
CAWMP and permit condition U.20.
3) Animal waste was applied within 60 feet of a well located at New Home Methodist Church
on Smithtown Road and within 90 feet of a well located at a residence at 3335 Smithtown
Road. Failure to maintain a 100-foot set -back between the application of animal waste
and a well is a violation of the CAWMP and permit condition I.8.
4) Excessive ponding was observed below the uncertified waste structure and at the entrance to
the application fields within tract 3439 on Smithtown Road. Excessive ponding is a
violation of condition H.5. of the Permit. Application records indicate, however, that the
overall PAN rate per acre was not exceeded and staff documented that the OIC was trying to
mitigate the odor and ponding near the residences by tilling -in the waste. Additionally, no
run-off of waste was observed and a new corn crop was to be planted within a week.
Corrective Actions:
1) All animal waste must be removed from the uncertified waste structure within 30 days of
receipt of this Notice. Please contact the WSRO to document that animal waste has been
removed prior to filling the uncertified waste structure hole with soil. As an alternative to
filling the hole with soil, the structure may be retro-fitted to meet current NRCS standards
for design and installation.
2) Required setbacks and buffers MUST be designated or flagged for the fields along
Smithtown Road prior to any future waste application events. Your written response should
detail how you propose to designate such areas. Please note that it is recommended that
setbacks and buffers be designated or flagged for all receiving fields.
r.

Smitherman-NOI
June 18, 2015
Page 3
3) Please respond to this Notice stating how you will ensure that animal waste application rates
shall not result in excessive ponding in the future.
This office is considering recommending an assessment of civil penalties against you for the above
referenced violations. If you wish to present an explanation for the violations cited, or if you believe
there are other factors which should be considered; please send such information to me in writing
within thirty (30) days.following receipt of this letter. All information will be reviewed, and if an
enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for consideration. Any written response(s) should be sent to my
attention at the address shown on the letterhead.
Be advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations. If you have
questions concerning this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,
y Y`
W. Corey Basinger -
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachment
cc: NCDENR-DWR Animal Feeding Operations Program
i cofnplete items 1, 2, and 3. Also complete A
de 4 if Restricted Delivery Is desired: X
f pn t your name and address onthe reverse
so that we can return the card to you. 6
I Attach this card to the back of the mailplece,
or on the front if space permits.
Article Addressed
Mr. TimA Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
❑ Agent
❑ Addre
(Pdnted Name) c. Date of Deli
D. Is delivery address different from item 1? ❑ Ye:
If YES, enter delivery address below. ❑ No
3. Type-
ertified Mall . ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
! 7009 2250 0004 1083 6340
3 Form 3811, February 2004 Domestic Return Receipt CO - `".-,1 r

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____ _ __ Clear' 'rD � Parcels
LefLong Tax Card
PIN 30027I
�Yr as r i 'I . Total Acres: 59.61!
Owner _ t y`',4 "i 3 Y Deed Book: 906
Deed Page: 375
Parcel��
Owner. SHADY GROVE PARTNERS LLC
:J t; : r ' a; {t s Owner2:
t xV �s - Addressl: i
PIN
�95300755331_ �b ?
a.. 1040 HOOT OWL HOLLOW RD
Full Address: City: EAST BEND:
Road Name - t'N°
�% State: NC'
lip. 27018
Location: NC 67 HWY I
i1 i d more
--- ----- irtr'• ! r '3 41Y" Q ,r; , + f" ,a' ^' q'
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iExcel 2000/2003 Display Labels I 1 Display 50 Results
Tax Total Dead Deed Fire Parcel Deed Plat Land Land Land Building Sales Finished
Card PIN Acres Book Page Owner Owner2 Addressl Addressl City State Zip Location District a Year Plat Book Page FMV LUV ASV FMV Amount Area Year Built Tax Id Tr
SHADY 1040
Tax GROVE HOOT EAST NC 67
1 p Cam 593002755331 59.61 906 375 PARTNERS OWL BEND NC 27018 HWV 145337 2008 233400 37553 37553 300 0 0 0 1066688 lr
Y� LLC HOLLOW
RD
01009-1015 Dud* soludona All Rights euwvad. I SofMw NW co
8/25/2015

Page 1 of 2
YADRON COUNTY, NC
YR 2014 REQUESTED BY CCAMPBELL RUN 12/22/14 TIME 7:44:41
PAGE I
SHADY (ROVE PARINERS LIC
SHADY GROVE PARTNERS LIC NMM: 0600
145337
1040 HCOL OWL HOLLOW RD
1040 HOOT OWL HOLLOW RD 593002755331
ROUTE#:
FAST BEND NC 27018
EAST BEND NC 27018 NC 67 HWY
Plat Bk/Pg
1066688
1066688 5930 02 75
5331
Bldg No. Appraiser:
Appr Date:
APPR: APPR Or: LAND VALUE
233,400
37,553
Irp Desc:
Eff Yr:
USE CODE: CR CHG RESIDUAL L MISC VALUE
300
300
Grade PAIR QUALITY Act Yr Bt:
DISTRICT: 116 FALL CREEK -FIRE BLCG VALUE
0
0
Stories/ Ra9/
Bed/ Bth/ HBth
NRHD: 06GO FALL CREEK TMNSHI TOEAL VALUE
233,700
37,853
Finished Area:
ASV SgFt
Sales SgFt 2013 PRIOR YEAR
233,700
37,853
CCMPGNENT TYPE/CODE/DESC PCT UNITS RATE
------------
STR# STRS SIZ% HGr% PER% CDS%
COST
$(MPL
PROPERTY NOTES: SEE DB 681/424 ECR BOUNDARY LINE AGREFMEM' -
BOOK
PAGE DT
DATE
OB SALES PRICE
906
375 wD
8/28/2008 N
296,500
311
633 SPL
1/02/1991
PERMIT
NO
TYPE
_
DATE
AMOUNT
BLDG CODE DESC
UNITS EYB DT PCT
ADD.DEPR PCT QGCD
VALUE
EKCD SCO%1P
1 05
BARN TOP 18 X 18
1.00 1940 PD2 75.00
S
100
100
2 04
BARN PACK 18 X 32
1.00 1940 PD2 75.00
S
100
100
3 56
OLD DOUSE
1.00 1991 PD 50.00
S
100
100
.00
LND
LAND TOM ACRES:
59.610 VALUE PER ACRE:
3,915
TOT CURRENT
# ZONE
TYPE/CODE LAND QTY
LAND ACRES LAND RATE DPTH
DPT%
TOP% LOC% SIZS SHP%
OM%
ADJ
EMV EXMPT
1
AC W 13.750
13.750 5,000.00
.00
.00 100.00
.00 .00
.00
.00
68,750
LRJ..
LU w
13.750 630.00
LU ADO s VALUE..
.00
8,662
2
AC 0 45.860
45.860 3,590.27
.00
.00 LOOM
.00 .00
.00
.00
164,650
LEV..
L] 0
45.860 630.00
LU A07 & VALUE..
.00
28,891
145337 NC 67 HKY
v i�c/�n4c

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Tax Card I� xt
PIN: 593004541049
Owner __ i'�"t ayl�' j5x i r •�+ t+l y: = rr 'r3�'Y" Total Acres: 91.477279:
'-0 Deed Book: 881,
Parcel a I,Y,r i "I ( ,`rit, a . �' �, AV- ; Deed Page: 428
Addressl:
�� x w„9 Owner. SHADY GROVE PARTNERS LLC
PIN
Jeti '.a Owner2:
'' a ,.r
593004541049-b t h: Nf r m+ 4� ar, .f°'' + ,�a r,. `U..
1040 HOOT OWL HOLLOW RDA
Full Address Address2:
Road Name r;}L a 't i k.i City: EAST BEND'
State: NC;
r Ip t>k �,Arr 1 + r pz Zip: 27018
Location: NC 67 HWY.
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Excel 2000/2003 _� Display Labels 1-1 l D siplay I'0 Results
Tax tOwner OZ Add
Deed Deed Fire Parcel Deed Plat Land Land Land Building Sales Finished
Card PIN Total Acres Book Page wnerressl Address2 City State Zip Location District a Year Plat Book Page FMV LUV ASV FMV Amount Area Year Built Tax
SHADY 1040
y GROVE HOOT EAST NC 67
1 Tax Card 593004543049 91.47727888 881 428 PARTNERS OWL BEND NC 9016 HWY 153542 2008 10 200 401328 57632 57632 0 30000 0 0 106E
LLC HOLLOW
RD
03009-2015 Dude aolWloro. All Rights Rvvrvvd. I software Notices
9/25/2015

Page 1 of 2
YADKIN OOUN , NC
YA 2014 REQUESTED BY OCAMPBELL RUN 12/22/14 TIME 7:44:41
PAGE 1
SHADY GROVE PARTNERS LLC
SHADY GROVE PARTNERS LIC NBHD: 0605
153542
1040 ROOT Oro. HOLLOW RD
1040 HOOT OWL HOLLOW RD 593004541049
FOUTE#:
EAST BEND NO 27018
EAST BEND NO 27018 NC 67 HWY
Plat Bk/Pg 10 200
1066688
1066688 5930 04 54
1049
Bldg No. Appraiser:
App. Data:
APPR: APPR OP: LAND VALUE
401,328
57,632
I.p Uesc:
Ef£ Yr:
USE CODE: OR ONG RESIDUAL L MISC VALUE
0
0
Grade AVERAGE QUALITY Act Yr Bt:
DISTRICT: 116 FALL CREEK -FIRE BLDG VALUE
0
0
Stories/ Rms/
Bed/ Bth/ HHBth
HERD: 0605 NORTH FALL CREEK TOTAL VALUE
401,328
57,632
F..-shed Area:
ASV SgFt
Sales SgFt 2013 PRIOR YEAR
401,328
57,632
OPIIKNFNT TYPE/CODE/DESC POT UNITS RATE
_--------------- —_______________________________--_________—__________
STR# STR% SIZ% HGP% PER% CE)S%
- - __________________—_--_______
CCST %CNPL
___-
BOOK PAGE DP DATE QS SALES PRICE
881 428 WE 2/28/2008 522,000
311 633 SPL 1/02/1991
PEHAIIT NO
TYPE
AT CODE DESC UNITS EYB DP PCP ADD. DEPR PCP QGCD VALUE EXCD %%Cl'Pt1P
.00
.00
.00
.00
IND LAND TYPAL ACRES: 91.480 VALUE PER ACRE: 4,397 OCT CDRRENP
# ZONE TYPE/CODE LAND QPY IAND ACRES LAND RATE DPPH DPP% TOP% IOC% SIZ% SHP% OTH% ADJ ENV EIZ+iPP
1 AC U 91.480 91.480 4,387.06 .00 .00 100.00 .00 .00 .00 .00 401,328
LPI.. LO 0 91.4BO 630.00 LA ADI 6 VALUE.. .00 57,632
153542 NO 67 HWY
8/25/2015

BUSINESS CORPORATION ANNUAL REPORT
NAME OF BUSINESS CORPORATION: SHADY GROVE DAIRY, INC.
SECRETARY OF STATE ID NUMBER: 0383360 STATE OF FORMATION: NC
REPORT FOR THE FISCAL YEAR END: 12/31/2014
SECTION A: REGISTERED AGENTS INFORMATION
1. NAME OF REGISTERED AGENT:
2. SIGNATURE OF THE NEW REGISTERED AGENT:
TIMOTHY A.
E-Filed Annual Report
0383360
CA201516200681
6/11/2015 02:27
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
1040 Hoot Owl Hollow 1040 Hoot Owl Hollow
East Bend, NC 27018-8284 All County East Bend, NC 27018-8284
SECTION B:
1. DESCRIPTION OF NATURE OF BUSINESS: Dairy Farm
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
1040 Hooten Owl Hollow 1040 Hooten Owl Hollow
East Bend, NC 27018 East Bend, NC 27018
SECTION C: OFFICERS (Enter additional officers in Section E.)
NAME: Timothy A Smitherman NAME: Maurice W Smitherman
TITLE: President
ADDRESS:
1040 Hoot Owl Hollow
East Bend, NC 27018
TITLE: Vice President
ADDRESS:
4641 Thomas Road
NAME: Vickie N Smitherman
TITLE: Secretary
ADDRESS:
1040 Hoot Owl Hollow
East Bend, NC 27018 East Bend, NC 27018
SECTION D: CERTIFICATION OF ANNUAL REPORT- Section D must be completed in its entirety by a personibusiness entity..
Timothy A Smitherman
SIGNATURE
Form must be signed by an officer listed under Section C of this to".
A Smitherman
Print or Type Name of Officer
6/11/2015
DATE
President
Print or Type Title of Officer
MAIL TO: Secretary of State, Corporations Division, Post Office Boa 29525, Raleigh, NC 27626-0525

Rosebrock, Melissa
From:
Maurice Smitherman <[e-mail]>
Sent:
Monday, July 13, 2015 10:09 PM
To:
Rosebrock, Melissa
Subject:
Violations
Ms. Rosebrock,
I am writing you in reference to the recent violations against Shady Grove Partners. Regarding the uncertified waste
structure on tract 3439 owned by Shady Grove Partners, the storage pond was built in 2012 due to above average
rainfall. The structure was not intended to hold waste for long periods of time. The pond was basically used like a frac
tank. In addition, the use of this system helps prevent compaction of the soil due to the heavy weight of the waste
spreading trucks. The uncertified waste structure has been completely cleaned out. Greg Goins has been contacted and
has agreed to assist Shady Grove Dairy in the proper steps to make the waste structure meet NRSC standards.
Also, regarding the violation of waste application too close to residences and structures, Shady Grove Dairy has
purchased a range finder. The range finder will be used to assess the accurate distance of 200 feet of a residence and
100 feet of a well and the application of waste. We will use flags to mark appropriate distance as well.
In regards to the excessive ponding of the waste, we have educated the employees of Shady Grove Dairy to the
importance of avoiding this in the future.
Sincerely,
Maurice Smitherman
Sent from my iPad

12c�e
REC
? EI
N.C.Cel "IENR
° , -3b 4 JUN 10 206
REGIONAL OFF CE

ON
t'
41
OU
FORM SLUR-1 Slurry and Sludge Application Field Record
For Recording Slurry Applicaton Events on Different Fields
Farm Owner Facility Number
Spreader OperatoY�.
•
KW.VM
r-MMI
Method*
per F) old
j (gallons)
Siflei��T�
`MEMNON=
SI = soil Incorporated (disked); BR-= broadcast (surface applied).
Can be found in operator's manual for the spreader, Contact a local dealer if you do not have your owner's manual.
•" Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Raln, S-Snow/Sleet, W-Windy 3/14/03

Tract #
She (acres) _ (A)
Form Owner
owner's Address
Owners Phone #
~ From Animal Waste Management plan
Recommended PAN
Crop Type �rj/r,/� Loading (lb/acre)-(B)
(RI
Slurry and Sludge Application Field Record
4one Form for Each Field Per Crop Cycle
Facility Number L7—
Spreader Operator
Spreader Operators
Address
Operator's Phone #
4 3 a PANApplled Nitrogen Balance
Waste Analysis
Total•Volume Volume Per Acre (IWao) (Ib/ec)
:e # or Loads Per Field Volume of Loads t (gallons)
�4� +/ �A) PAN (lb/1000 gaq r i(g) x (0)) + 1,000 7)
d/yr) Vr
Crop Circle Totals -
Owner's Signature.
Certified Operator (Prink
Operator's Signature
Operator Certification #
e round In operator's manual for thespreader.
pf eamotlna hequancy. A�a mlhlmealer If um, wasteou 'do ! analyhave sis is required within our owners l60 days of land spplicetlon events.
. ..... .. ,+, �_.._...,.b �+,_ Im *dnmwnn n+rh +nnIlMlinn mmn/

Slurry and Sludge Application Field Record •:
SLUR-2 One Form for Each Field Per Crop Cycle
4
Operators signatura
Owners Signature.
Operator Certification #
Certified Operator (Print)
b
R,
e found to operator s manual Potthe spreader. Contact a local dgaler If you do not have your owner's manual.60 days
o land application
ation)
oir th rn. eader. C frequency: l a minimum, waste analysis Is required within 60 days of land application events.

SLUR-2 Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Tract#
Field # a 7, Facility Number
Size (acres) _ (A) �i Spreader Operator
Farm Owner Spreader Operators
Address
Owner's Address
•
Operator's Phone #
Owners Phone #
From Animal Waste Management Plan
Recommended PAN `
Loading (Ib/acre) = (a)
Crop,TYpe
:e # of Loads Per Field
dNr)
Volume of Loads t
Owners Signature
Carded Operator (Print)
Total -volume Volume Per Acre
(gallons) (gal/ae)
121 x (31 (4) + (A) _
Waste Analysis Y
PAN (lb/1000 gal)
Operator's Signature
Operator Certification #
b
Nitrogen Balance
t1
3 not have our owner's
to operators manual for the spreader. Contact a local dealer
If you di weals anerysIs is required withinl60 days of land applicatlan events.
..__.___:�.... ._...1 _._`___n__u.... manl

SLUR-2
Tract #
Size (acres) _ (A)
Farm Owner
Owners Address
Owners Phone #
From Animal Waste Management Reccomom
mended PAN ✓+
Crop Type CQ/" /% Loading (Ib/acre) _ (B)
fill
3 # of Loads Per Field
l/yr)
volume of Loads I
Crop
Owners Signature
Certified Operator (Print)
Slurry and Sludge Application Field Record
gOne Form for Each Field Per Crop Cycle f—
Facility Number I
Spreader Operator
spreader operator's
Address `
Operators Phone #
Total Volume
x
volume Per Acre
Ile Totals•_______
Waste Analysis 2
PAN (lb/1000 gal)
Operators Signature
Operator Certification #
__ ._....r.n�i encV. Al a minimum, we a, analysis is required within 60 days or land application events.
der. Contact a local dealer if you do not have your owner's minual.
s found in operator s manual for the spreader.
AN Applied Nitrogen Balance
(Ib/ac) �(plb�/�ec�7)
x (6))+1,000 )
0-?.4r .71 Lr_�
4,

SLUR-2
Tract #
Size (acres) _ (A)
Farm owner
Owner's Address
Ow is Phone #
Slurry and Sludge Application Field Record •.
One Form for Each Field Per Crop Cycle
Facility Number
Spreader Operator
Spreader Operators
Address •
Operator's Phone #
ne • � _
_ ,From J Animal Waste Management PlanRecommanded�P B
Crop Type O /� Loading (Iblacre) O
" _ O1 (6�i
r
e # of Loads Per Field I Volume or Loads I
NO
Owner's signature•
Certified Operator (Print)
Total •Volume Volume Per Acre Waste Analysis'
(gallons) (galfac) PAN (lb11000 gal)
rm x M (4) + (A)
Operator's Signature
Operator Certiflcation #
e found in
__ ,.. kneuancv: At a minimum, waslh analysis is required within 60 days of rand application events.
operators manual for the spreadder.er. Contact a local dealer If you 'do not have your owners Manuel;'^^ ^^rh ^^^'Ir^/`^^ p11Qn
AN,Applied Nitrogen Balance
(Ibfac) • (lb/ac)
x (6)) + 1,000
ti

SLUR-2
Tract #
Size (acres) _ (A)
Farm Owner
Owners Address
1
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cgcle
Fadlity Number 1
Spreader Operator
Spreader Operator's
Address
Operator's Phone #
Owner's Phone #
From Animal Waste Management Plan
-Recommended PAN
CropType C �/'/? Loading (1b/acre) = (8)
rn (8)
Nitrogen Selance
Volume Per Acre
Total Volume Waste Analysis
e # of Loads Per Field Volume of Loads r (gallons (dal+lc) PAN (Ib/1000 gel)
NO ( )
! a 6
Crop, cycle l ounizo •t_
Owner's Signature .
Certified Operator (Print
Operators Signature
Operator Certification #
M
have our owners ma
_ _- . r• manual for the spreader. Contact a local dealer f you was et analysis Is required within160 days of land application events.
_. ,,•

SLUR-2
Tract #
Size (acres) _ (A)
Farm Owner
Owners Address
Owner's Phone It
r � J
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number 1 _,
Spreader Operator
Spreader O enters
AresOperator's Phone #
From Animal Waste Management Plan
Recommended PAN
Crop Type I 4L.11% j4 5 /' la C Fq Loading (Ib/acre) _ (0) a �
.... (71
s # of Loads Per Field I Volume of Loads t
i/yr)
Crop
Owner's Signature .
Certified Operator (PrfnQ _
Total Volume
(gallons)
Mt x (3)
Volume Per Acre Waste Analysis
(gel/ IA) PAN (lb11000 gal)
Operator's Signature
Operator Certification #
PARApplied Nitrogen Balance
(1b/sc)
S) x (6)] + 1,000
t,
< ,, h ooerelor s manual for the Spreader. Contact a local dealerAt �mum, wou astb analysis is required withinn I have your owners Sodays of land application events.

The Was,.. Jtilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland fiec
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
maximize 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 by manure or other b)
commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid Aste that will be applied on each field in order to supply the indicab
of nitrogen from each source 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 adequatel; for the utilization of the manure genetated by the operation.
/1 f Ereld.
Waste Utilization Table 117/a( we O=�p s Q a- i n
Treat
Field
Source
ID
Soil Series
sr
Total
Acres
Use.
Acres
.+d
Crop
xcar r
RYE
Applic.
Period
Nitrogen
PA
Nutrient
Req'd
(lbs/A)
Comm.
Fert.
Nutrient
Applied
(lbs/A)
Res.
(Ibs/A)
Applic.
Method
Manure
PA
NutrientA
Plied
(lbs/A)
Liquid
ManureA
pplied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
N
N
N
N
1000
gal/A
Tom
n
1000 gels
3439
1
Ul
Clifford
13.52
13.50
Wheat, Grain
57 bu.
9/1.4/30
I15 ._;
0
0
Broad.
115
20.461
0.00
27C 18
3439
1
1 Ul
Clifford
13.52
13.50
Soybeans, Manured, Full Season
48 bu.
4/1.9115
187
0
0
Broad.
187
33.27
- 0.0
449.09
3439
1
1 UI
Clifford
13.52
13.50
Wheat, Grain
57 bu.
9/1-4/30
115
0
20
Broad.
0
16.90
0.00
228.15
3439
11
1 Ul
Fairview
21.00
20,00
Wheat, Grain
44 bu.
9/1-4/30
88
0
0
Broad.
0
0.00
0,00
0.00
3439
1I.
U1
Fairview
21.00
20.00
Com, Silage
17.4 Ton
2115.6/30
190
0
0
Broad,
190
33.80
0.0
615.99
3439
11
Ul
Fairview
21.00
20.00
Wheat, Grain
44 bu.
9/14/30
88
0
0
1 Broad,
88
15.66
0,00
313.09
3439
12 -
Ul
Clifford
20.00
19.00
Wheat, Grain
55 bu.
9/1-4/30 •
111
0
0
Broad.
Ill
19.751
0.00
375.18
3439
12
Ul
Clifford
20.00
19,00
Soybeans, Mmured, Full Sesson
46 bu.
4/1-9/15
179
0
0
Broad.
179
31.84
0.00
605.01
3439
12
Ul
Clifford
20.00
19.00
Wheat, Grain
55 bu.
911-4130
111
0
20
Broad,
0
0.00
0.00
0.00
3439
13
Ul lClifford
25.00
23.00
Wheat, Grain
57 bu.
9/14/30 1
115
0 1
0
Broad.
0
0.00
0.00
0.00
3439
13
Ul
Clifford
25.00
23.00
Com, Silage
21.9 Ton
2/15-6/30
239
0
0
Broad.
239
42.52
0.00
977.88
3439
13
Ul
Clifford
25.00
d23,00
Wheal, Grain
57 bu.
9114/30
115
0
0
Broad.
115
20.46
0.00
470.53
3439
3
Ul
Clifford
4.18
4.00
Wheat, Grain
57 bu.
9/1-4/30
115
0
0
Broad.
115
20.46
0.00
81.93
3439
3
Ul
Clifford
4.18
4.00
Soybeans, Manured, Full Season
48 bu.
4/1.9/15
187
0
0
Broad.
l87
33.27
0.00
133.06
3439
3
-Ul
Clifford
' 4.18
4.00
Wheat, Grain
57 bu.
9/14/30
115
0
20
Broad.
0
0.0
0.00
0.00
3439
4
U1
Appling
6.04
5.80
Wheat, Grain
62 bu.
9/14/30 1
125 1
0
0
Broad.
0
0.00
'0.00
0.00
Preview Database Version 3.1 Date Printed: 5/21/2009 : WUT Page Page 1 of 4

Waste Utild i Table
Tract
Field
Source
ID
.
Soil Series
Total
'Acres
Use.
Acres
Crop
RYE
APplic. 0
Period
Nitrogen
PA
Nutrient
Req'd
(lbs/A)
Comm.
�Fcrt.
Nutrient
Applied
(lbs/A)
Res.
(lbs/A)
Applic.
Method
Manure
PA
NutricntA
pplied
(lbs/A)
Liquid
ManureA
pplied
(acre)
Solid
Manure
Applied
(acre)
Liquid
Manure
Applied
(Field)
Sol
Ilan
won
App
(Fic
N
N
N
N
1000
gal/A
Tons
1000 gels
tot
3439
4
UI
Appling
6.041
5.60
Corn, Silage
23.8 Ton
2/15.6/30
259
0
0
1 Broad.
1 259
46,071
0.001
267.23
3439
4
U1
Appling
6.04
5.80
Wheat, Grain
62 bu.
9/1-4/30
125
0
0
Broad.
125
22.24
0.00
128.97
3439
6
UI
ppling
13.55
13.30
Wheat, Grain
62 bu.
9/1.4/30
125
0
0
Broad.
125
22.24
6.00
295.75
3439
6
.Ul
Appling
13.55
13.30
Soybeans, Manured, Full Season
52 bu.
4/1.9/15
202
0
0
Broad.
202
35.93
0.00
477.93
3439
6
Ul
Appling
13.55
13.30
Wheat, Grain
62 bu.
9/1.4/30
125
0
20
Broad.
- 0
0.00
0.00
0.00'
' Total Applied, 1000 gallons
5,755.87
Total Produced, 1000 gallons
1.48 L54
Balance, 1000 gallons
-4,274.33
- Total Applied, tons
Total Produced, tons
s
Balance, tons
Notes: 1. In the tract column, — symbol means leased, otherwise, owned. 2. Symbol " means user entered data.
b
C:
�r
708447 Database Version 3.1 Date Printed: 5/21/2009
WI IT Page Page 2 of 4

Waste Utlli( t Table
Treat
Field
Source
m
Soil Series
Total
Acres
Use.
Acres
Crop
ear
R'ffi
Applic.
Period
Nitrogen
PA
Nutrient
Req'd
(lbs/A)
Comm.
Fert.
Nutrient
Applied
(lbs/A)
Res.
(Ibs/A)
_
ApPlic.
Method
Manure
FA
NutrientA
pplied
(lbs/A)
Liquid
ManureA
pplied
(acre)
Solid
Manure
Applied
(acre)
Liquid.
Menuro
Applied
(Field)
Solid
Manure
Applied
(Field)
N
N
N
N
1000
gal/A
Tons
1000 gals
tons
3439
3439
3439
1
1
1
UI
UI
UI
Clifford
Clifford
Clifford
13.52
13.52
13.52
13.50
13.50
13.50
Wheat, Gain
Wheat, Grain
Corn, Silage
57 oil.
57bu,
21.9 Ton
1 9/14/30
i 911.4/30
2/15.6/30
115
115
239
0
0
0
1 0
0
0[Bd
Broad.
Broad.
01
95
239
0.00
0.00
42.52
0.00
0.00
0.00
0.0010.00
0.00
573.97
0.00
0.00
3439
11
UI
Fairview
21.00
20.00
Wheat, Grain
44 bu.
9/1.4130
88
0
20
68
12.10
0.00
241.93
0.00
3439
11
Ul
Fairview
21.00
20.00
Wheat, Grain
44 bu.
9/1-4/30
88
0
0
0
0.00
0.00
0.00
0.00
3439
11
UI
Fairview
21.00
20.00
Soybeans, Manured, Full Season
35 bu.
4/1-9/15
136
0
0
136
24.19
0.00
483.87
0.00
3439
12
UI
Clifford
20.00
19.00
Wheat, Grain
55 bu.
9/14/30
111
0
0
0
0.00
0.00
0.00
0.00
3439
12
UI
Clifford
20.00
19.00
Wheat, Grain
55 bu.
9/14/30
ill
00
91
16.19
0.00
307.56
0.00
3439
12
UI
Clifford
20.00
19.00
Cam, Silage
1.2 Ton
2/15.6/30
231
0
0
231
41.09
0.00
780.77
0.003439
13
Ul
Clifford
25.00
23.00
Wheat, Grain
57 but.
9/14/30
115
0
20
95
16.90
0.00
388.70
0,00
3439+
13
Ul
Clifford
25.00
23.00
Wheat, Grain
57 bu.
9/14/30
115
0
0
Broad.
0
0.00
0.00
0.00
0,00
3439 '
13
UI
Clifford
25.00
23.00
Soybeans, Manured, Full Season
48 bu.
4/1.9115
187
0
0
Broad.
187
33.27
0.00
765.12
0.00
3439
3
Ul
Cht%rd
4.18
4.00
Wheat, Grain
57 bu.
9/1.4/30
115
0
0
Broad.
10
0.00
0.00
0.00
0.00
3439
3
Ul
Clifford
4.18
4.00
Wheat, Grain
57 bu.
9/14/30
115
0
0
Broad.
95
16.90
0.00
67,601
0.00
3439
3
U1
Clifford
4.18
4.00
Cont, Silage
21.9 Ton
2/15-6/30
239 1
0 1
0
Broad.
1239
42.52
0.00
170.01
0.00
3439 1
4 1
UI
Appling
6.04
5.80
Wheat, Grain
62 bu.
9/14/30
125
0
20
Broad.
105
18.69
0.00
108.34
0.00
3439 1
4 1
UI
Appling
6.04
5.80
Wheat, Grain
62 bu.
9/14/30
125
0
0
Broad.
0
0.00
0.00
0.00
0.00
3439
4
Ul
Appling
6.04
5.80
Soybeans, Manured, Full Season
52 but.
411.9/15
202
0
0
Broad,
202
35.931
0.00
208.42
0.00
3439
6
U1
Appling'
13.55
13.30
Wheat, Grain
62 bu.
9/14/30 1
125
0
0
Broad.
0
0.00
0.001
0.001
0.00
3439
6
Ul
ppling 1
13.55
13.30
Wheat, Grain
62 bu.
9/1.4/30
125
0
0
Broad.
105
18.68
0.00
248.43
0.00
3439
6
Ul
ppling
13.55
13.30
Com, Silage
23.8 Ton
2/15.6/30
259 1
0
0 1
Broad.
259
46.07
0.00
612.79
0.00
Lv
708447 Database Version 3.1 Date Printed: 5/21/2009
WUT Page Page 3 of 4

Waste Utili( 1 Table i
Nitrogen
Comm.
Res,
Manus
Liquid
Solid
'Liquid
Solid
PA
Fart,
(lbs/A)
PA
ManureA
Manure
Manure
MnnM
Nutrient
Nutrient
NutrientA
pplied
Applied
Applied
Applied
Req'd
Applied
pplied
(Rem)
(acre)
(Field)
(Field),
(lbs/A)
(lbs/A)
(lbs/A)
Source
Total
Use.
Applic.
APPIic.
1000
Tract
Field
.to
Soil Series
Acres
Actes
Crop
RYE
Period
N
N
N
Method
N
gal/A
Tom
1000 gale
tom
Total Applied, 1000 gallons
4,957.57
Total Produced, 1000 gallons
1,48134
Balance, 1000 gallons
-3,476.03
Total Applied, tons
0.0 i
Total Produced, tons
0.00
V Balance, tone
5..
.0.00
L. zsymool, * means user entered data.
708447 Database Version 3.1
Date Printed: 5/21/2009
m
r
WUT Page Page 4 of 4

Rosebrock, Melissa
From: Maurice Smitherman <[e-mail]>
Sent: Friday, November 13, 2015 10:10 PM
To: Rosebrock, Melissa
Subject: Re: Construction Approved for Shady Grove Dairy #99-12
Melissa,
Thanks for info. I talked with Sam on Friday also.
Maurice
Sent from my iPad
On Nov 13, 2015, at 9:31 AM, "Rosebrock, Melissa" <[e-mail]> wrote:
Sam and Maurice,
Per JR's email below, construction/retro-fitting of the current `satellite' waste ponds may begin so that
they may be brought up to NRCS standards. Once the installation is complete and has been certified by
Sam, then animal waste may be added to them again. Let me know if you have questions, Melissa
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock at7ncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
<image004.png>
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Joshi,l.R.
Sent: Friday, November 13, 2015 9:20 AM
To: Rosebrock, Melissa <melissa.rose [e-mail]>
Cc: Lawson, Christine <Christine.Lawson @ncdenr.gov>; Sam Bingham <[e-mail]>
Subject: RE: Shady Grove Dairy #99-12
Melissa,
Yes, I received the expansion package for this permit. I forwarded also a regional copy for you to review.

If I understand this correctly, they are adding three satellite storage ponds to the system and are adding
few animals to accommodate the increased storage.
Our current requirement is that they received an updated COC from before stocking the additional
animals. Also, any design and construction of lagoons r storage ponds be certified by the technical
specialist. Mr. Sam Bingham has already submitted the design certification and will need to submit the
installation certification once the installation is complete.
While I wait to get your review of the application package, a completed certification, and finish drafting
a COC, I do not see any reason they cannot go ahead immediately with the construction approved by the
technical specialist.
I am copying this email to Christine in case she has any further recommendations.
Thanks.
J. R. Joshi
Soil Scientist
DWR Animal Feeding Operations Branch
Department of Environmental Quality
F7�IIr1!L.Y�.i(i�. i1C�F'
lava. ioshi(d)ncdenr. oov
1636 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699-1636
<image003.png>
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Thursday, November 12, 2015 4:46 PM
To: Joshi, J.R. <[e-mail]>
Subject: Shady Grove Dairy #99-12
JR,
Did you receive the package from Sam Bingham? Do you see any reason why they can't go
ahead with construction of the three uncertified waste ponds?
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality

336-776-9699 office
336-813-7084 mobile
melissa. rosebrock(a)ncdenr. gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
<image003.png>
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

■ Co'.6rplete Items 1, 2, and 3. Also complete
A. Sig ure
Item 4 If Restricted Delivery Is desired.
■ Pn'nt your name and address on the reverse
X
so that we can return the card to you.
B. Received by (Printed Name)
■ Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
Mr. Tim -A Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
❑ Agent
C. Date of
D. Is delivery address different from Item 1? U Yes
If YES, enter delivery address below: ❑ No
SON
3. Type
Mall
❑ Express Mall
❑ Registered
❑ Return Receipt for Merchandise
❑ Insured Mall
❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2• / 7009 2250 0004 1083 6340 &11Q AMU
Domestic Return Receipt 60 t,,i" 1 T ' 1025191
February 2004

UNITED STATES,
'IIY-- +�' `t
First -Class Mail
Postage &Fees Paid
Permit No. G-10 -
om 7 t_
• Sender: Please print your name, address, and ZIP+4 in this box
DIVISION OF WATER RESOMW RECEIVED
Water Quality Regional Operation N.C. Dept. o/ ENa
450 West Hanes Mill Road, Suit OJUN 14 1015
Winston-Salem, NC 27105
1MNSTON-SAL
REGIONAL OFFIi,
�InI�I�IhI��I�IP�Irllh�l'1'�I��Ir'I�ILIIu�dhuygllLhl

r
Smitherman-NO1
June 18, 2015
Page 3
3) Please respond to this Notice stating how you will ensure that animal waste application rates
shall not result in excessive ponding in the future.
This office is considering recommending an assessment of civil penalties against you for the above
referenced violations. If you wish to present an explanation for the violations cited, or if you believe
there are other factors which should be considered; please send such information to me in writing
within thirty (30) days following receipt of this letter. All information will be reviewed, and if an
enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for consideration. Any written response(s) should be sent to my
attention at the address shown on the letterhead.
Be advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as
well as criminal penalties for violations of state environmental laws and regulations. If you have
questions concerning this Notice, please contact Melissa Rosebrock or me at [phone].
Sincerely,
/i/J —Y4 ,
i W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachment
cc: NCDENR-DWR Animal Feeding Operations Program
Yadkin County SWCD/NRCS
WSRO Facility Files

.,
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 18, 2015
CERTIFIED MAIL # 7009 2250 0004 1083 6340
RETURN RECEIPT REQUESTED
Tim A. Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Permit Conditions Violations #NOV-2015-PC-0158
Certificate of Coverage #AWC990012
Yadkin County
Dear Mr. Smitherman:
Donald van der Vaart .
Secretary
As you are aware, on June 2, 2015 staff of the Division of Water Resources' Winston-Salem
Regional Office (DWR-WSRO) received a complaint alleging that Shady Grove Dairy: 1) over
applied animal waste on crop fields near New Home Methodist Church on Smithtown Road; 2)
caused the ponding of animal waste near the mailboxes on Smithtown Road; 3) applied animal
waste too close to neighboring wells; and 4) had "dug a hole to store waste". A fmal copy of the
inspection report is attached for your review. During the June 4, 2015 investigation, DWR-WSRO
staff person Melissa Rosebrock documented the following:
Violations
1) A waste storage structure was observed on tract 3439 (Parcel #153542) which is owned by
Shady Grove Partners LLC. The structure is being used for the storage of animal waste from
Shady Grove Dairy. The uncertified waste structure is triangular in shape with dimensions ,
of approximately 147' X 147' X 132'. At the time of the investigation, the structure/hole was
approximately 8-10' deep and contained 1-2' feet of liquid waste. The "dam" is 3-4 feet high
on one side.
Per Operator in Charge (OIC), Maurice Smitherman, the uncertified waste structure was
constructed in 2012 during a period of chronically wet weather for the purpose of
emergency storage of cattle waste. The waste structure was used again this spring to avoid
the potential for high freeboard and/or discharge violations. Freeboard records indicate no
violations this year and a May 2015 inspection documented that waste storage ponds #2 and
#3 were almost empty. The WSRO was not notified of any waste storage capacity issues this
spring.
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
" Phone: [phone] \ Internet: www.ncwatercivality.org
An Equal Opportunity \ Affirmative Action Employer —Made in part by recycled paper

FEW&
NO \f -,?-o PC- () (
p & , 11-0 t 00

Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
990012
Facility Status: Active permit: AWC990012
❑ Denied Access
Inppecton Type:
Compliance Inspection
Inactive Or Closed Dale:
Reason for Visit:
Complaint
County: Yadkin Region:
Winston-Salem
Date of Visit:
06/04/2015 Entry Time: 12:05 pm Exit Time: 1:00 pm Incident A
Farm Name:
Shady Grove Dairy
Owner Email:
Owner:
Tim A Smithenman
- Phone:
336-699-8136
Mailing Address:
1040 Hoot Owl Hollow
East Bend NC 27018
Ph sical Address:
4408 Shady Grove Church Rd East Bend NC 27018
y
Facility Status: ❑ Compliant Not Compliant Integrator:
Location of Farm: Latitude: 36' 13' 59" Longitude: 80° 31' 33"
US Hwy 421 north to Baltimore Rd. exit. Left at top of ramp (north). Right onto Forbush/Comelius Rd. Left onto Baltimore Rd. Left
onto Flint Hill Rd. left onto NC Hwy. 67. Right onto Fairground. Rd. Right onto Shady Grove Road. Farm is on left.
Question Areas:
Waste Col, Stor, 8 Treat Waste Application Records and Documents
Other Issues
Certified Operator: Maurice W Smithenman Operator Certification Number: 21958
Secondary OIC(s):
OnSite Representative(s): Name Title Phone
24 hour contact name Tim Smilherman Phone
On -site representative Maurice Smitherman Phone: [phone]
Primary Inspector: Melis/sgaA Roslebrock ` , Phone:
Inspector Signature: `'lilll >!l,d- fl. r� l"1�y4 to ham/ Date: "y � J'✓
L \✓ 1
Secondary Inspector(s):
Inspection Summary
page: 1

Permit: AWC990012 Owner- Facility : Tim A Smitherman Facility Number: 990012
Inspection Date: 06/04/15 Inppection Type: Compliance Inspection Reason for Visit: Complaint
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Waste Pit
OLD ROOFED PIT
12131/03
9.60
Waste Pond
MATERNITY WSP
18.00
Waste Pond
NEW LOWER #4
2T60
Waste Pond
NEW UPPER #3
27.60
Waste Pond
OLD #1
27.60
Waste Pond
OLD #2
24.00
page: 3

Permit: AWC990012 Owner - Facility : Tim A Smitherman Facility Number: 990012
Inspection Date: 06/04/15 Inppection Type: Compliance Inspection Reason for Visit Complaint
6. While investigating the application complaint, an uncertified waste storage structure was discovered on tract 3439 (Parcel
#153542) which is owned by Shady Grove Partners LLC and is used to store animal waste from Shady Grove Dairy. This is a
violation of conditions 1.3. and 11.1. of the permit. The uncertified waste structure is triangular in shape with dimensions of
approximately 147' X 147' X 132'. At the time of the investigation, the structurehole was at least 8-10' deep and contained 1-2' feet
of liquid waste. The "dam" is 3-4 feet high on one side.
Per OIC, Maurice Smithenman, the uncertified waste structure/hole was constructed in 2012 during a period of chronically wet
weather for the purpose of emergency storage of cattle waste. The waste structure was used again this Spring to avoid potential
freeboard or discharge violations. The uncertified waste structure/hole is located approximately 100 feet downslope of a
hard -packed dirt fans road. An off-loading station is located along the farm road and is constructed inground of PVC and concrete
and is designed to convey the waste by gravity from a slurry tank, through an underground 8" PVC pipe, to the uncertified waste
structure. On the downslope side of the uncertified waste structure is a suction hose and pump, designed to remove waste from
the structure so it can be land applied onto surrounding fields in tract 3439.
10. Waste was applied within 135 feet of a residence not owned by the permittee. Per the CAWMP, the permittee is to maintain a
200 foot buffer between the land application area and a residence, therefore; this is a violation of permit condition 11.20.
10. Waste was applied within 60 feet of a well located at New Home Methodist Church on Smithtown Road and within 90 feet of a
well located at a residence at 3335 Smithtown Road. Failure to abide by the well set -backs stated in the CAWMP is a violation of
permit condition I.B.
11. Excessive ponding was observed below the uncertified waste structure today and at the entrance to one of the application
fields within tract 3439- Excessive ponding is a violation of condition 11.5. of the permit. The application records contained on the
requested/submitted SLUR-1 and SLUR-2 forms indicate that the overall PAN rate per acre was NOT exceeded. The OIC had tried
to mitigate the odor and ponding nearest the residences by tilling the ponded waste just prior to our arrival today. Looked much
better. No run-off observed. Previous crop was small grain and new crop is to be cem silage which is to be planted within a week
or so.
30. Freeboard records did not indicate violation of waste levels, and a May 2015 inspection documented that waste storage ponds
#2 and #3 were almost empty. The owner nor OIC notified the WSRO that they were having trouble with the waste storage capacity
on the farm this Spring.
34. The WSRO will need to document that ALL animal waste is removed prior to the owner either: 1) filling -in the uncertified waste
structure hole or 2) retro-fitting the hole by having the structure meet NRCS standards for design and installation.
page: 2

Permit: AWC990012 Owner - Facility : Tim A Smitherrnan Facility Number 990012
Inspection Date: 06/04/15 1npsection Type: Compliance Inspection Reason for Visit: Complaint
Waste Collection. Storage & Treatment
Yes
No No No
4. Is storage capacity less than adequate?
❑
❑ ❑
0
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large
❑
❑ ❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
M
❑ ❑
❑
waste management or closure plan?
_ 7. Do any of the structures need maintenance or improvement?
❑
❑ ❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
❑ - ❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
❑ ❑
maintenance or improvement?
Waste Application
Yes
No No No
10. Are there any required buffers, setbacks, or compliance alternatives that need
0
❑ ❑
❑
maintenance or improvement?
11. Is there evidence of incorrect application?
0
❑ ❑
❑
If yes, check the appropriate box below.
Excessive Ponding?
Hydraulic Overload?
- ❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lb&?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Com (Silage)
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
page: 4

Permit: AWC990012 Owner - Facility : Tim A Smitherman Facility Number. 990012
Inspection Date: 06/04/15 Inpsection Type: Compliance Inspection Reason for Visit: Complaint
Waste Application
Yes
No No No
14. Do the receiving crops differ from those designated in the Certified Animal Waste
❑
E ❑
❑
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑
0 ❑
❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
1-10
❑
determination?
17. Does the facility lack adequate acreage for land application?
❑
0 ❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
0 ❑
❑
Records and Documents
Yes
No No No
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑
❑ ❑
0
20. Does the facility fail to have all components of the CAWMP readily available?
❑
❑ ❑
E
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
_
21. Does record keeping need improvement?
❑
0 ❑ ❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
Stocking?
❑
Crop yields?
❑
120 Minute inspections?
❑
Monthly and V Rainfall Inspections
❑
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
❑ ❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
❑ E ❑
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
❑ ❑ N
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
❑ 0 ❑
appropriate box(es) below:
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
Non -compliant sludge levels in any lagoon
❑
page: 5

Permit: AWC990012 Owner - Facility : Tim A Smitherman Facility Number. 990012
Inspection Date: 06/04/15 Inpsection Type: Compliance Inspection Reason for Visit: . Complaint
Records and Documents
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
Otherlssues
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative?
34. Does the facility require a follow-up visit by same agency?
Yes No Na No
❑ ME] ❑
❑❑■❑
Yes No Na Ne
❑ ❑ ❑ ■
❑❑❑■
❑ ■ ❑ ❑
❑■❑❑
■
■
■
❑ ■❑ ❑
❑ M ❑ ❑
■❑❑❑
page: 6

Page I of 2
C�"^�,I� 1r� �C `('/'► C Yadkin
'O NIBCCIGIS Printed June 03, 2015
WEb HOSTING
See Below for Disclaimer
Centerlines
— <Null>
— CITY
— INTERSTATE
— PRIVATE
— STATE ROAD
US HIGHWAY
private
County Boundary
El
Parcels
Town Limits
<ail othervalues>
BOONVILLE
BOONVILLE ETJ
❑ EAST BEND
JONESVILLE
❑ JONESVILLE ETJ
❑ YADKINVILLE
1 :10 FFeet yADKINVILLE ETJ
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Page 2 of 2
OBJECTID
PIN
Total Acres
Fire District
3619
593012860370
2.22994988
FALL CREEK
Parcel # _
Deed Book
Deed Page
Deed Year
145565---
1013
02
2011
Plat Book
Plat Page
Land FMV
Land LUV
23535
23535
Land ASV
Building FMV
Location
Sales Amount
23535
164058
_ __
IT
§335SMHTOWN.RD-1
100000
Finished Area
Year Built
Tax 1d
Owner
1801
2013
1092607
TAYLOR CHADWICK W ET UX
Owner2
Addressl
Address2
Cb
TAYLOR PAMELA M
3249 SMITHTOWN RD
EAST BEND
State
Zft
Txt Field
NC
27018
145565
his information provided by the Yadkin County Government Website is a public service to the citizens of Yadkin County. The recipient may use this information with the understanding that Yadkin County makes no warranties,
Ithough every attempt will be made to ensure the information is accurate and timely. This web site is not intended to replace official sources and information should not be considered error -free or not be used as the exclusive basi
or decision -making. The use of the information provided by this Web site is strict) voluntaryand at the userilf-s sole risk. Yadkin Countyassumes no responsibilityor liabilitywhatsoever associated with the use or misuse of this data.
6/3/2015

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Page 2 of 2
OBJECTID
PIN
Total Acres
Fire District
22852
593000852954
4.288
FALL CREEK
Parcel #
Deed Book
Deed Pagg
Deed Year
283
040
2000
Plat Book
Plat Paae
Land FMV
Land LUV
45160
45160
Land ASV
Building FM V
io
Sales Amount
45160
310568
0
Finished Area
Year Built
Tax Id
Owner
5513
1952
200082
Owner2
Addressl
Address2
Citg
3348 SMITHTOWN RD
EAST BEND
State
MR
Txt Field
NC
27018
145310
his information provided by the Yadkin County Government Website is a public service to the citizens of Yadkin County. The recipient may use this information with the understanding that Yadkin County makes no warranties,
although every attempt will be made to ensure the information is accurate and timely. This web site is not intended to replace official sources and information should not be considered error -free or not be used as the exclusive bast
or decision -making. The use of the information provided b this Web site is strict) voluntary and at the userhil-s sole risk. Yadkin Countyassumes no responsibility or liahilitywhatsoever associated with the use or misuse of this data.
6/3/2015

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Page 2 of 2
OBJECTID
PIN
Total Acres
18025
593002755331
59.61
Parcel #
Deed Sao
Deed Page
145337
906
375
Plat Boo
Plat Pag
Land F V
233400
rid ASV
Building FMV
Location
353
300
NC 67 HWY
fished Area
Year Built
Tax Id
0
1066688
✓ner2
Addressl
Address2
1040 HOOT OWL HOLLOW RD
lte
Z'tt
Txt Field
27018
145337
Fire District
Deed Year
2008
Land LUV
37553
Sales Amount
0
Owner
SHADY GROVE PARTNERS LLC
City
EAST BEND
his information provided by the Yadkin County Government Website is a public service to the citizens of Yadkin County. The recipient may use this information with the understanding that Yadkin County makes no wamanties,
Ithough every attempt will be made to ensure the information is accurate and timely. This web site is not intended to replace official sources and information should not be considered error -free or not be used as the exclusive basi
-or decision -making. The use of the information provided by this Web site is strictly voluntary and at the userbes sole risk. Yadkin County assumes no responsibility or liability whatsoever associated with the use or misuse of this data.
6/3/2015

(
•"'-J z, (+-� Michael F. Easley
! I C. LjGovernor
AUG 2 8 2003 William G. Ross Jr., Secretary
ti Department of Environment and Natural Resources
T v v 1 n s iko r i Ill Alan W. KJimek, P.E. Director
Rezaiona1 Off C6 Division of Water Quality
August 21, 2003
MR TPA SNUTHERMAN
SHADY GROVE DAIRY INC
1040 HOOT OWL HOLLOW
EAST BEND NC 27018
SUBJECT: Acknowledgement receipt letter
Civil Penalty Assessment of Violation
Case # PC 02-024
Yadkin County
Dear Mr. Smitherman:
This letter is to acknowledge receipt of your check No. 8245 in the amount
of $448.35 received on August 19, 2003.
Payment of these penalties in no way precludes further action by this
Division for future violations of the State's environmental laws.
If you have any questions please call Steve Lewis at [phone]
extension 539.
SL:sw
CC: Winston -Salem -Regional -Office
Enforcement File: PC 02-024
Central Files
Sincerely,
Steve Lewis
Non -Discharge Compliance/Enforcement
�rQ
NCDENR
Customer Service: Malting Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Alfirmative Action Employer
50% recycled/ 10% post -consumer paper
hhpl/h2o.enr.state.nc. us

i
i
r
T - e
it�7�i� .11
1 April 22, 2003
Mr. Tim Smitherman, President
Shady Grove Dairy, Inc.
1040 Hoot Owl Hollow
East Bend, NC 27018
RE: Request for Remission.of Civil Penalty
File No. PC 02-024
Farm #99-12
Yadkin County
Dear Mr. Smitherman:
Michael F. Easley
Governor
i G. Ross Jr., Secretary
and Natural Resources
V. Klimek, P.E. Director
ivision of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the
Department of Environment and Natural Resources, I considered the information submitted in
support of your request for remission and hereby remit $300.00 of the civil penalty assessment.
The revised civil penalty is therefore $1,348.85 ($1,200.00 civil penalty plus $148.85
investigative costs).
There are two options available to you. You may choose to pay the reduced civil penalty
assessment or you may present a request for remission to the Committee on Civil Penalty
Remissions of the Environmental Management Commission. If you choose to pay the penalty,
please make your check payable to the Department of Environment and Natural Resources,
reference the case number on the check, and send it within thirty (30) days of your receipt of this
letter to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
You may present your request for remission to the committee and a representative from the
Division of Water Quality will present the case for the full amount of the original penalty.
The Committee on Civil Penalty Remissions will then render a final and binding decisyF�� in
accordance with NCGS 143B-282. 1 (c).
i'JYvQ
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity /Af irmative Action Employer
50% recycled/ 10'S pcstconsumer paper
h hpl/h2o. enr. sta te. nc. us

If you would like to present your request for remission to the Committee on Civil Penalty
Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next
scheduled committee meeting is in Raleigh on July 10, 2003. If you are unable to attend on this
date, your request will be scheduled for a meeting at a future date.
Thank you for your attention to this matter. If you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact
Steve Lewis at [phone], extension 539 or Linda Fitzpatrick at [phone], extension
526, if you have any questions.
Sincerely,
Alan W. Klimek, P.E.
AWK/scl
cc:C�Ie.'veMauney; Winston-Salem Regional Supervisor
Melissa Rosebrock, WSRO V
File # PC 02-024
Central Files

W,
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 3, 2003 p— {}^
R EC!ItY ED
Mr. Tim Smitherman N.C. Dept. (-) ` HNR
1040 Hoot owl Hollow MAR - 5 2003
East Bend, NC 27018
Winston-Salemi
RE: Remission Request Regional ®ffico
Shady Grove Dairy
Yadkin County
File #PC 02-024
Dear Mr. Smitherman:
This letter is to acknowledge receipt of your request for remission of the civil penalty levied
against the subject facility. This request will be reviewed at the next scheduled conference on
April 2, 2003, and you will be notified about the Division's decision concerning remission. If
you have any questions, please call me at [phone], ext. 539.
Sincerely,
Steve Lewis
Non -Discharge Compliance & Enforcement
cc: Stesve'Mauney,)Winston-Salem Regional Supervisor w/attachment
Melissa Rosebrock, WSRO Regional Office w/attachment
Central Files
File # PC 02-024 w/ 3 attachments
Customer Service. Mailing Address: Telephone [phone]
1-877-623-6748 1617 Mail Service Center Fax [phone]
Raleigh, North Carolina .27699-1617 State Courier #52-01-01
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10 '. postconsumer paper
httpJ/h2o. enr. s to te. nc. us
NCDENR
Location:
512 N. Salisbury St
Raleigh, NC 27699-1617

r
STATE OF NORTH CAROLINA
COUNTY OF YADKIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
FACILITY NO. 99-12
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC 02-024
Having been assessed civil penalties totaling $1648.85 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated, January 2, 2003, 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 2 day of Fes' b
SI NATURE
20�23
ADDRESS
TELEPHONE
335/-Kai-3>5

v
Shady Grove Dairy, Inc
Shady Grove Dairy, Inc V n 336-699-3799
1040 Floc[ Owl Fb1bw Far 336-699-2724
6a Bead, NC 27018 E.A Mxxoya ,L e
January 24, 2003
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1671
Dear Mr. Lewis:
The Civil Penalty charged to Shady Grove Dairy is just too much. There are several
reasons why I feel this way. The pond involved is not a waste storage facility. It only
collects some runoff from an old concrete lot that was constructed a long time ago by my
father. The total capacity is around 6 truckloads. The nitrogen content of this water is
less than 1 % and no overflow reached the state's water. There was no clean-up cost
involved. We have never been charged with any violations before. After your
representative observed the seepage, a pump was borrowed and two truckloads were
hauled to a lagoon within I day. This was done during a 6" snowstorm. This is probably
no excuse for this problem, but you guys have no idea how hard we worked to get our
regular lagoons pumped and hauled during all the wet weather we had in October and
November. And we cannot afford your penalty considering how bad milk prices are.
Sincrn
Tim Smitherman
President
Shady Grove Dairy, Inc.

State of North Carolina
Departmm ent of Environent
and Natural Resources
Divmi on'of Water Quality
NIC_4 ael F. Easley, Governor
WiDiam_1G. Ross Jr. Secretary
Alan' W__XNinek_ P_F_ Director
NCDENW
NORTH CARouNA DEPARTMENT OF -
ENVIRONMENT AND NAWRAL RESOURCES
Mr: T~IIII�Smrtherman
6 t
' i040 Hoof Owl Hollow
FastBenctINC 27018
;=
r
SUBJECT: Assessment of Civil Petialties '
For Violations of G S' 143-215
and 15A NCAC 2H 0211
n
Yadkin County
r
File No. PC 02-024
Dear 1Vlr --Smithen nan_
'
This letter transmits notice of a civil penalty assessed against Shady Grove Dairy in the *-
,amount of $164835 including $148.35 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. Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within tbi ty days of receipt of this notice, you must do one of the following:
1_ Submit payment of the penalty:
-Payment. should be made directly to the order of the Department
of Environment and Natural Resources (do not include waiver
form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
An Equal Opportunity /Afftrmanve Action Employer Mailing Address: Telephone:
50%recycled/10%post-consumerpaper 585 Waughtown Street [phone]
hup:11h2o.enr state.naus - Winston-Salem, North Carolina 27107 Fax [phone]

Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 MailService
2.
Submit a written
justification for st
A request for remit
-
reasonableness oft
contesting the accu
1
letter. Because:a ri
hearing such a_req
administrative heaz
dispute.. You must
=,
stipulation forman
(a) one or more
= '
were wrong
(b) the violator`
from the vU
3.
Center.
for `renuss►on or`mrtigafion including a detailed
uuhgahon LS limited to oonsrderation of
nt of the penalCyrand �s not the p r procedure for
-
Y ofltb f a r -
statements conharned the "
m assessment
request'foreclosesibe ophon�of an administrative;'
wSf` a-
be�accompamed bPa aiver of your nght to an
y1
a stipulation thate no factual or legal"issues in
and retain to thus:ii i the attached
'
wazver'and
5 < •^ 'E.y. 3. ai1"
le d statement whichyou be]ieve—establishes whether—,
1
evilpenalty assessm®t factors m•G S 143B-282.1(b)
plied to`the'deniment oftlie petitioner
(c) the violation was 'inadvertent or a result of an accident
(d) the violator had,been assessed civil penalties for any pi
-payment dlhecivil penalty `will prevent payment or
necessary remedial achons..<<, > '
Please submit this information to.the":attention ot-
Mr. Steve Lewis
NCDENR
DWQ,
1617 Mail Service Center
Raleigh, With Carolina 27699 1673
OR .
Submit a written request for an administrative hearing:
ddamage resulting -
:vious violations;
le remaining:
'If you wish to contest any.portion of the civil penalty assessment, you must
request an administrative' hearing. This request must be in the form of a written
petition to the Office of Administrative Hearings and must conform.to_Chapter
150B of the North Carolina General Statutes. You must file your original petition
with the:

Office of Administrative Hearings
6714 Mail. Service Center
;' Raleigh; Noo Carolina 27699-6714
AND
.
Mail or handAehvvcr a Copy of the petition to:
�;aMr�DanOakley=-
'NCDENR
Offiice� d 6eueral Counsel
i
`- '� � Mail Seavrce Center -
�1601
e Raleigh;>NC 276_9_9 1601-
_ u
k
-
"the{
F
Failuie to ex crse one of options above within thirty days; as evidenced by a date
stamp (rot a postmarFk indreating4when we received your iesponse, will result in this matter ".
beingefened to the=Attomeyr's Office with a.request to initiate a civil action to collect '
the:penalPleaseadvr adtional assessments maybe levied for any future
violations that occurafter�t xcix iew p od of this assessment
que_ons, please contxt Ms Melissa Rosebrock at [phone] ext
_ If ytoir haFesu
�any
`265 or Mr Steve Lewis at (919)x733-5083 ext 539
t
y;-
y = _
A , -:..Steve Maimey
--T Acting Water Quality Supervisor
Winston-Salem Region
ATTACHIvlENTS . -
cc: WSRO facility Files w/ attachments -
=
Non -Discharge Compliance and Enforcement File w/ attachments
Central Files w/ attachments -
4'
Public Information Officer w/ attachments

E
STATE OF NORTH CAROLINA
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL- RESOURCES
=� File No PC 02-024
IN THE MATTER OF )
a ,
TIM SNIITIIERMANt��
F - FINDINGS .AND DECISION
t AND ASSESSMENT OF s-"
,'
FOR VIOLATION OF
G-S i43-2.15 1 AND 15A NCAC 2H 0217
`y'"•iiyt�ry.
£ .x
54
Acting pursuant to-8elegahon provided by � the;lSeeccreY rveofi#the� ;Depar ent�u of
tnviron"ment and Natural Resources:and.the Director of Water ualis"
- Q ty, I Steve Mooney Acting -
Water Quality Regional.Supervisor foi.the Winston Salem Region make the foIl0o
' '
-f
T -FINDINGS OF FACT: n` *.
` -'A. Tim'Smitherman.owns.and operates the Shady GrovesDauy aJ
r on in
A . y -
Yadkin County.
B. Shady Grove Dairy was deemed permitted as -a nondischarge facility bit February
1,1993 in accordance with 15A NCAC 2H :0217.
lC. Deemed permitted facilities` are required: to .have 'a'.Cer"t-ifie-& Animal Waste
Management,Plan (CAWMP) under 15A'NCAC 2H 0217' The CAWMP_for'
'.Shady Grove Dairy'states that "Maximum storage capacity:should'be avalable for
periods when there are extended rainy spells."
D. DWQ -staff from the Winston-Salem Regional Office inspected. Shady:,=Grove
Dairy . on .December 4' 2002 and observed .that .waste from 'one tof .the facility's
waste storage ponds was overflowing.
E. The costs to the State of the enforcement procedures in this matter totaled
$148.35. _
Based upon the above Findings of Fact, I make the following:

II CONCLUSIONS OF LAW:
A.
B.
C.
D. .
i
j
E.
P
F
F.
G�
Tim Smitherman is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4):
A permit for this animal waste managemeut_system is required in accordance with
15A NCAC 211.0217 and G.S. 143-215.L_
The above cited ,failure to manntain tlie,ligmd level in the waste storage pond
below the level specified'in.,the CAWW is'a;violation of the 15A NCAC 2H
.0217 nondischarge'deemed permrC_and G.S.J143-215.1. - -
Tim Snutherman may ybe assessed civil, penalties- pursuant -to G.S.-_ 143-
215.6A(a)(2) ; i ih 6hipr6vides ci that -a vil penalty 'of not more. than' twenty-five jt,
thousand dollars ($25,000 00) per vrolahon maybe assessed against a person who
violates or fazls to act m accordance with the terms, conditions, or requirements'
a permit required by G.S 143 2151_ s
The States enforcement costsf m this `matter may, be " assessed - -against Tim' =_
Smitherma- pursuant to'G.3 143 2153(ax9) and G S_ 143B-282.1(b)(8) y
The Acting Regional `Water Quality Supervisor_ for the WSRO, pursuant to: s
delegation provided by,the Secretary of the Department'of Environment and
Nat ual Resources, and,the-Director of Water_Quality; has the authority to assess'
civil penalties in this mattes = -
Based upon the above Findwgs -of Fact and Conclusion of law, I make the following:
II DECISION:
Tim Smitherman is hereby assessed a civil penalty of
$ 1500.00 for .failing to maintain the liquid level in the lagoon at the level
,specified ia=the _CAWW as required by 15A NCAC.2H .0217
$ 148.35 .Enforcement was
$ 1648.35 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered
the factors listed in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private.property resulting from the violation;

(2); The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or
on air quality; - -
(4) -=: The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the, violation was committed willfully or intentionally,
�24 (7) The prior record of the violator in complying failing ^`
or to com
PYmS S
] with
P,Y programs.
-
omm
€over which the Environmental Management Cission bas regulatory authority;
and
The cost to the State of the enforcement
it
procedures.
ts, 3
1• % - i
ell o�
41� J—)k
� } Steve Mauney, .Acting Water
ty Supervisor f ` -
�.
Winston-Salem Regional Office:`
--
1 'r
y
41
r •. '.ti
3 -� �
.�'`" s!'' ,,,� •. -. - -
� try...
{
S
i
=
1
_-

STATE OF NORTH CAROLINA
COUNTY OF YADION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
FkCII_M NO.9999=12
W
ADM
Having been assessed civil penalties totaling` 1641
assessment document of the Director of the Division of-W
undersigned, desumg, to seek remission of the civil penatyu
} - administrative hearing in the above, stated matter and does
assessment document.
F RIGHT TO AN.:
ME HEARING AND
ITONOF FACTS
in(s) as set forth in the
ted,Jannary 3�2003 the -
'r;:� �'„', ,ems Y P t
f, waive the tight th...
I e facts are as alleged rn the
o suppoit�of rem>.sson of ,> -� `•
M
I }Xt� i '.Y� Y .' ryq .i � .�• w .__ .- .4. l" - �a'rLX `iS.. hr �-�
-this 'civil penalty must be submitted to the Director of the Division of Water Quality wrth�ri thnty
(30) days of receipt of.the civil penalty assessment.. No new evidence m support of a remimon
request will be allowed
after thirty (30) days from the receipt of the civil penaltyassessment
This the
day of
r
TELEPHONE

s
CIA,L MSE
-0
Postage $
N
f`
CertifiW Fee
Postma k
Return Receipt Fee
Here -
A
(Endorsement ..^^
O
O
O
Restricted nf
(Rastriement Mr. Tim Smitherman
O
Total Posta 1040 Hoot Owl Hollow
Ln
sent To East Bend, NC 27018
fu
��: ac;.
O
or Po Box No.
O
biry §Para, ZIPM
N
91

..
SENDER: MW
I also wish to receive the
• Complete Items 1 and/or 2 for additional services.
• Complete items 3, 4a, and 41b.
following services (for an
• Prim your name and address on the reverse of this form so that vre can return ads
extra fee):
card to you.
• Attach this form to the front of the mailpiece, or on the back if space does not
1. ❑ Addressee's Address
ar =t.
• rite pt the below the number.
2. ❑ Restricted Dellvery
to won
ReturnR ceipt will article w darticleand
• dei�eedm Receipt will show to whom the article was delivered end the date
Consult postmaster for fee.
3. Article Addressed to:
4a. Article Number
Ei( Mr. Tim Smithef roan 41b. Service Typ[
8 1 1040 Hoot Owl Hollow ❑ Registered
- E Mil
East Bend, NC 27018
xpress a
Return Receipt I
�ICertified
Insured
Merchandise ❑ COD
p� 5. Received By: (Print Name) 8. Addressee's Address (Only it requested
ra�pi and fee Is paid)
6. Signature: (Addressee or Agent)
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2 aSForml"'"7001 2510 0001 4778 5734""-'° Dom sticBe turn Receipt

!RED STATES POSTAL SERVIA6 Postag Mail
ostaOe 8 Fees Paid
LISPS
i. PeLrnif No. 0-10
• Print your name, address, and ZIP Code in this box •
NCDENR — M�
Division of Water Quality
585 Waughtown Street REL�iV
Winston-Salem, NC 2710 -c. Dept. of HNR
- )AN 0 8 2003
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SHADY GROVE DAIRY
MR. TIM SMITHERMAN
Mr. Chairman, members of the Committee, you may wish to turn to page 51
in your agenda package. This remission request concerns an assessment
against Mr. Tim Smitherman, President and owner of Shady Grove Dairy,
Inc. for failing to maintain the liquid level in the lagoon at the level specified
in the Certified Animal Waste Management Plan (CAWMP). A penalty of
$1500.00 was assessed on January 3, 2003. An enforcement cost of $148.35
was also included.
Ms. Melissa Rosebrock was conducting an announced compliance
inspection at this facility on December 4, 2002 when she observed that this
waste storage pond was overflowing. When asked why he had not pumped
recently, he said that, " he couldn't get to it with his honey wagon since he
had started construction of a new milk parlor and the construction fence
didn't allow him to get his honey wagon next to the waste storage pond."
During the December inspection, it was observed that the WSP for the milk
barn had 26" freeboard and the WSP for the right freestall had 24".

On February 25, 2003 Mr. Smitherman stipulated to the facts of this action
and requested remission.
The Director considered this request at his regularly scheduled Enforcement
Conference on April 2, 2003. As Mr. Smitherman promptly abated this
situation, the Director was willing to rescind $300.00 of the penalty.
None of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner. No information has been submitted to show that
this violation was inadvertent or a result of an accident. No further remedial
actions are necessary in regards to this violation, so the payment of this
penalty will not prevent any further necessary actions to protect the
environment.
Since this occurrence there was another high freeboard incident observed on
5-15-03 during an operational review conducted by the Div. of Soil and
Water Conservation. This involved (2) two waste storage ponds with
freeboards of only 2" (left freestall) and 15" (right freestall).
It is the recommendation of the Director and the Division that no remission
be granted in this matter.
If the petitioner provides new or additional information, the Division would
like an opportunity to respond, after his presentation.
THANK YOU!!!!

RE —MISSION REQUEST COWNEti-C FORM
DWQ,
Fachty Name.' -rim 5mi Corov2 i ry
Date of letter requesting remission: a
Enf Case No.: P L. 02 b 4
. pe of F-worcemem pG
summary of rea_- tOu for requested :emission:
S:W cerrxreats: 5y- IMoli`5�q �oSebrOOLDate: 31 Z'S 103
li
Cor) rU no(6net,J kiIkN rldo +
Resional Ewer,, �- Mmrt:tus: M 160 irn fty-,+
r4A
wnS�nu c,+ ion t- 2v72 G� ici n
is fvzne Q on nexttc�me
Routinsr• t) to lead coumy staff person, then to ?) Regional supervisor

FROM
0 FAX NO. :
*ay. 14 1998 01:01PM P1
0 f( e_IIss0.
�CA
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number:
/Z_ County: / �

Facility
Certified Operator Name:
Current liquid level(*) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Structure 1 Structure 2 Structure 3 Structure 4 Structure_5 Structure 6
Lagoon Name/Identifier (ID):
Spillway (Yes or No): --
Level (inches):y
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures. Five
and 30 day Plans of Action are attached- Hydraulic and agronomic balances are within
acceptable ranges.
Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day
Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to
pumped and hauled is reflected in section III tables. Included within this plan is a list of the
proposed sites with related facility number(s), number acres and receiving crop information.
Contact and secure approval from the Division of Water Quality prior to transfer of waste
to a site not covered in the facility's certified animal waste management plan.
Operation will be partially or fully depopulated.
- attach a complete schedule with corresponding animal units and dates for depopulation
- if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: -
I hereby certify that 1 have reviewed the information listed above and included within the attached Plan
of Action, and to the best of myl owledge and ability, the information is accurate and correct.
/ //r-
r
Facility Owner/Manager (print)
Phone- &,- 3 2 2 2
i
Date:
Facu ty owner/Manager (signature)
PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
FIVE (5) DAY DRAW DOWN PERIOD
I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE

I , l . ..-•v .I�w.•.�I.Y4.11\II1�`I V�. - • ✓ I V I ti'
2. Current liquid volume in structural freeboard
a. current liquid level according to marker
b. designed structural freeboard zone
(Normally 12 inches or greater)
c. line b - line a (inches within structural freeboard)
d. top of dike surface area according to design
(area at below structural freeboard elevation)
e. line c x line d x 7.48 aallon s -
12 ft
D inches
12 inches
Z inches
ly ft2
l
3. Projected volume of waste liquid produced during draw down period
W/°t J�/�/� temporary storage period according to structural design
c((//Ut�J g. volume of waste produced according to structural design
h.
d aw-n d �'
actual waste produced = current herd # x line g =
certified herd #
volume of wash water according to structural design
excess rainfall over evaporation according to design
gallons
days
ft3
ft3
ft3
ft3

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Case Number
Permit #
Address
Violator
� 1 o v i�rfifiYoTif�.
County
rvlrrrA�(onr�l'' 'Y,leiiGuifl , F'
Central Office Contact
C' a o r. CCIoTifGld: ' o 0 o r,.V.
la t—: ma�jtn /�c r ca: . _ Pertnittee
Remission Request
Zlj .>
lofif{ CCYoiifi. (Dr.TRa
i�'� (CreTfr ': rG7wn`Ti
Total Case Penalty
Region
�Y�.'I�+�fiir�.�; c o rrriear
�7�1C4i"iifi S`f��So Coin .^ ti°C�'laaVd[�:�
�0 1ail IVY;.Vv i
Comments
Payment Remission Petition Collection Settlement Fast Tirack A�dmin
r 1
L
I:

'FROM . FAX NO. wy. 14 1998 01:03PM PI
Oi ejiss�-
�p�r►, �,•� �m�'i-P�u-rn�,�

-FROM • FAX NO. : Oay. 14 1998 01:04PM P2
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT//ANIMAL FACILITIES
Facility Number: - 12 County:
Facility Name:
Certified Operator Name: Operator #
Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Structure 1 Structure 2 Structure 3 Structure 4 Structure _5 Structure 6
Lagoon Namelldentifier (ID):
Spillway (Yes or No):
Level (inches):
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures. Five
and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within
acceptable ranges.
Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day
Plan of Action is attached. Agronomic balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to
pumped and hauled is reflected in section III tables. Included within this plan is a list of the
proposed sites with related facility number(s), number acres and receiving crop information.
Contact and secure approval from the Division of Water Quality Prior to transfer of waste
to a site not covered in the facility's certified animal waste management plan.
Operation will be partially or fully depopulated-
- attach a complete schedule with corresponding animal units and dates for depopulation
- if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Eariiest possible date to begin land application of waste:
I hereby certify that 1 have reviewed the information listed above and included within the attached Plan
of Action, and to the best of my*owtedge and ability, the information is accurate and correcL
Phone- h""%% - 3 ,> 9
Facility owner/Manager (print)
Date:
Facility Owner/Manager (signature)
PoA Cover Page 2/21100
0

-FROM 0 FAX NO. : •ay. 14 1998 01:04PM P3
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
FIVE (5) DAY DRAW DOWN PERIOD
I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/Identifier (ID): 5/rl1 1/ Pam,, c'+
2. Current liquid volume in structural freeboard
a. current liquid level according to markery inches
b. designed structural freeboard zone � inches
(Normally 12 inches or greater)
c. line b - line a (inches within structural freeboard) _ 2 inches
d. top of dike surface area according to design fe
(area at below structural freeboard elevation)
e.
line c x line d x 7.48 gallons =
gallons
12
3. Projected volume of waste liquid produced during draw down period
{�/�/� temporary storage period according to structural design
(/!/v
days
g.
volume of waste produced according to structural design
ft3
dtGw n t7U1h.
actual waste produced = current hens # x line g =
certified herd #
ft3
�
�►� f')')y(J�UG r.
volume of wash water according to structural design
ft3
a G no J ^ 4 j
excess rainfall over evaporation according to design
ft3
yo40 V) k.
(lines h + i + j) x 7.48 x 5 days =
gallons
line f
4. Total volume of waste to be land applied during 5 day draw down
1. total volume to be land applied line e + line k = �_ gallons
Was /-e
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN
THE STRUCTURAL FREEBOARD ELEVATIONS
II. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS
FOR ALL WASTE STRUCTURES FOR FACILITY
PoA (5 Day) 2r21/00 1

FROM : * • FAX NO. : Wy. 14 1998 01:05PM P4
1.
structure ID:
line I =
gallons
2.
structure ID:
line I =
gallons
3.
structure ID:
line I =
gallons
4.
structure ID:
line I =
gallons
5.
structure ID:
line I =
gallons
6.
structure ID:
line I =
gallons
n. lines 1 + 2 + 3 + 4 + 5 + 6 = gallons
o. line n = acre -inches
270154
Ill. TOTAL, ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD',2
' While this section deals with hydraulic loading capacities, applications cannot exceed
agronomic rate for receiving crop according to its certified waste plan
2 Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are
not considered available to receive waste
p. tract # I q. field # I r. soil type
I
S. crop L acres u. remaining v. maximum w. mapmui
IRR-2 PAN application application
balance rate Qnrhr) I amount
x. total acres available during 5 day draw down (sum of column t) = acres
IV. FACILriY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE
y. line o inches per acre to be applied within 5 days
line x
PoA (5 Day) 2/21/00 2

FROM • FAX NO. : lay. 14 1998 01:05PM P5
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
THIRTY (30) DAY DRAW DOWN PERIOD
I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTUR
1. Structure Name/ldent Fier (ID): S/h r
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker inches
b. designed 25 yr./24 hr. storm & structural freeboard_ inches
c. line b - line a (inches in red zone) = inches
d. top of dike surface area according to design _�� ft2
(area at below structural freeboard elevation)
e. line c x line d x 7.48 alU lions s = gallons
12 ft
3. Projected volume of waste liquid produced during draw down period
f. rmporary storage period according to structural design days
/yei71 a -A olume of waste produced according to structural design ft3
� 4h � h. actual waste produced = current herd # x line g = ft
certified herd #
i. volume of wash water according to structural design ft3
euess rainfall over evaporation according to design ft3
77 ry1 0 re
�%d {, n k. ines h + i +f) x 7.48 x 30 days = gallons
line f
4. Total PAN to be land applied during draw down period
1. current waste analysis dated Ib/1000 gal.
m. (_lines e + k) x line I = lb PAN
1000
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE
11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
PoA (30 Day) 2*1/00

If unable to land apply hydraulic load listed in line y, list course of action here including pump
and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options,
recalculate new hydraulic load based on new information.
Plan to land apply hydraulic load.
1. Describe moisture conditions of fields? (e.g./ Is there water standing in field; does irrigation
equipment mar down in field; "trafficability" across soils; will soils absorb application without runoff ,
etc.)
2. Date and amount of last rainfall event?
h.c�� 5 54D 6v 12 — -o L
3. Dates of last waste application event per field
4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the
volume in line W at appropriate seasonal (i.e. winter) application rates within five days?
S. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and
amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel
speed, etc. to meet proposed changes in application rates and amounts; and any other information
for consideration
PoA (5 Day) 2/21/00 3

33,1,
FAX NO.
•lay. 14 1998 01:06P1 P6
1.
structure ID:
line m =
lb PAN
2.
structure ID:
line m =
lb PAN
3.
structure ID:
line m =
lb PAN
4.
structure ID:
line m =
lb PAN
5.
stricture ID:
line m =
Ib PAN
6.
structure ID:
line m =
lb PAN
n.
linesl+2+3+4+5+6 =
lb PAN
Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW
DOWN
PERIOD.
DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 DAY PERIOD.
o. tract #
p. field #
q. crop
r. acres
s. remaining
I. TOTAL PAN
U.
SLUR-2
BALANCE
application
PAN balance
FOR FIELD
window'
(lb/acre)
(Ms.)
n r z a
'State current crop ending application date or next crop application beginning date for available rece'r
crops during 30 day drawn down period
v. Total PAN available for all fields (sum of column Q = Ib. PAN
IV. FACILITY'S POA OVERALL PAN BALANCE
PoA (30 Day) 2021ro0 2

FROM :' . FAX NO. : May. 14 1998 01:06PM P7
W. Total PAN to be land applied (line n from section II)
x. Crop's remaining PAN balance (line v from section III)
Y. Overall PAN balance (w - x) _
lb. PAN
lb. PAN
lb. PAN
Line y must show as a deficit If line y does not show as a deficit, list course of action here
including pump and haul, depopulation, herd reduction, etc. For pump & haul and hard
reduction options, recalculate new PAN based on new information. If new fields are to be
included as an option for lowering lagoon level, add these fields to the PAN balance table and
recalculate the overall PAN balance. If animal waste is to be hauled to another permitted
facility provide information regarding the herd population and lagoon freeboard levels at the
receiving facility.
NARRATIVE:
PoA (30 Day) 2121M0 3