990012_NOD-2018-PC-0114_20180424

.y
Water Resources
Environmental Quality
April 24, 2018
CERTIFIED MAIL #7017 1450 0001 1945 1134
RETURN RECEIPT REQUESTED
Mr. Tim Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018
SUBJECT: Notice of Deficiency: NOD-2018-PC-0114
Certificate of Coverage #AWC990012
Facility #99-12
Yadkin County
Dear Mr. Smitherman:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
This Notice is a follow-up to the routine Compliance Inspection conducted by Division of Water
Resources (DWR) staff on February 26, 2018 and the subsequent follow-up inspection on April 4, 2018.
A copy of the follow-up inspection report is attached for your review.
Deficiencies
1. Silage leachate was observed discharging near the headwaters of an unnamed tributary on
the facility property. Large amounts of atypical fungal growth were documented within the
stream. The potential for adverse impacts to waters of the State exists as low dissolved
oxygen is often associated with this type of impact. 15A NCAC 28 water quality standards
stipulate that dissolved oxygen in Class C waters may not be less than a daily average of 5.0
mg/1 with a minimum instantaneous value of not less than 4.0 mg/1.
2. The Permit requires that a representative sample of the animal waste be obtained within 60
days (before or after) the date of application. Records indicate that applications made during
Fall 2017 did not have such a sample. This is a violation of Section 111.5. of the permit.
Corrective Actions:
1. DWR staff conducted a follow-up inspection to determine if corrective actions had been made
for the silage leachate. A berm and diversion ditch was constructed and appeared to be
controlling the flow of the leachate to a downslope catch basin. Please continue to monitor the
integrity of this diversion ditch, especially after heavy rains, and monitor the stream for
abnormal conditions. DWR staff commend you for the immediate actions taken to rectify this
problem.
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Smitherman — NOD
April 24, 2018
Page 2
2. It maybe beneficial to sample each quarter so that any waste applications within that year may
be "covered." The waste analysis form is attached for your use.
Other Concerns:
1. Permit Condition 11.12 require that storage pond vegetation shall be kept mowed. The
embankment of Waste Storage Pond #2 requires brush removal and maintenance by June 1,
2018.
2. Permit Condition 1.1 states that facilities must be operated and maintained as a non -discharge
system. Three points of potential discharge of waste along the barn floor upslope of a
freshwater pond onsite were noted during the inspection. DWR staff were also concerned with
the integrity of a wall where barn floor scraping frequently occurs. Please abate these concerns
as soon as possible.
3. The conveyance of waste to the "New Lower (#4)" waste pond does not reflect the designed
and approved plan. Please ensure that the system is amended to reflect the design; contact
NRCS or Yadkin County Soil and Water to request technical assistance as needed.
Written Response
Please respond to our office within 30 days describing the actions you have taken, or propose to take,
to address the deficiencies and concerns listed above. Your response should be sent to my attention
at the address listed in the footer on page one. If you have questions or concerns regarding this
Notice, please contact Rebecca Chandler or me at [phone] or by email at
[e-mail] or [e-mail].
Sincerely,
Sherri V. Knight, P.E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: NCDEQ-DWR Animal Feeding Operations
Yadkin Soil and Water Conservation —2051 Agricultural Way, Suite 207, Yodkinville, NC27055
WSRO Facility Files
Attachments: inspection report, waste analysis form

Division of Water Resources
+ ❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
990012 Facility Status: Active
Inpsection Type:
Compliance Inspection
Reason for visit:
Follow-up
Date of Visit:
04/04/2018 Entry Time: 10:10 am Exit Time
Farm Name:
Shady Grove Dairy
Owner:
Tim A Smitherman
Mailing Address:
1040 Hoot Owl Hollow
Physical Address:
4408 Shady Grove Church Rd
Facili Status•
Permit: AWC990012
Inactive Or Closed Date:
County: Yadkin Region:
11:10 am
Incident #
Owner Email:
Phone:
East Bend NC 27018
East Bend NC 27018
❑ Denied Access
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:
Certified Operator: Maurice W Smitherman Operator Certification Number: 21958
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
On -site representative Sterling Smitherman Phone :
Primary Inspector: Rebecca D Chandler Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Melissa Rosebrock
Inspection Summary:
This inspection serves as a followup to the compliance inspection completed on 2126/2018. The followup was an announced
inspection in order to check silage leachate diversion from stream headwaters and check the quality of the stream.
New diversion ditch looks to be working well, with the exception of one weak point in berm where leachate runoff was escaping.
Operator immediatly shoveled soil to repair berm while DWR staff was present. It is apparant from odor and appearance that it is
primarily silage leachate coming from a black pipe from the lot, into the diversion ditch, ultimately going to a catch basin
downslope. The ditch diverts from a downslope unnamed tributary. Upon inspection of the stream, there was still some fungal
material present, though most had turned white - perhaps indicating that it had died and not yet washed out. Some orange fungal
material present still, but color was beginning to change. DWR staff to followup with Eco-tox staff and discuss. May require
sampling or future visit to inspect stream condition.
DWR staff left site to visit application field where drag -line was operating with a frac-tank. Applications looked uniform, minimal
odor, no runoff. Some ponding at frac-tank where waste is loaded in, operator indicated that ground is spread/scraped after the
operation is wrapped up so ponding does not remain.
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