860010_NOV and Intent to Assess_20191212

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL #7017 1450 0001 6450 1211
RETURN RECEIPT REQUESTED
Mr. Daniel Horton
Mr. Josh Horton
Maple Ridge Dairy, Inc.
1174 Pine Ridge Road
Mt. Airy, NC 27030
NORTH CAROLINA
Environmental Quality
December 12, 2019
SUBJECT: Notice of Continuing Violation of NOV-2019-PC-0687
AND Additional Notice of Violation/Notice of Intent to Enforce: NOV-2019-DV-0451
Certificate of Coverage #AWC860010
Facility #86-10
Surry County
Dear Messrs. Horton:
On November 26, 2019, staff from the Division of Water Resources' Winston-Salem Regional Office
(WSRO), Rebecca Chandler and Jenny Graznak, performed an announced follow-up inspection
regarding the Notice of Violation (NOV-2019-PC-0687) sent October 11, 2019. During the inspection,
WSRO staff noted many continued violations of NOV-2019-PC-0687, as well as additional new
violations. Copies of the follow-up inspection reports are included for your records. While onsite, the
following additional violations were noted by WSRO staff and may be included in any future
enforcement action against your facility:
New Violations
1. Waste was determined to be leaving the dedicated push -off lane through an uncurbed area,
directly into a stormwater culvert. An inspection of the ditch below the stormwater pipe's outlet
showed wastewater sitting within the ditch. Failure to prevent discharge of wastes to surface
waters is a violation of Condition 1.1 of the Permit.
Corrective action: Immediately berm the area so that contaminated rainwater and wastes
cannot enter the stormwater culvert. In your response to this NOV, indicate what permanent
fixture will be made to prevent this area from washing out further.
2. A clean -out pipe for a drag -line irrigation system showed that a large, unknown volume of
wastes had been discharged onto ground surface, directly adjacent to an onsite stream. The
stream, Moores Fork, is classified as a Water Supply IV surface water. While wastes were not
DE Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
NORTH CAROLINA
MdEN .uiew 336.776.9800

Horton — NOV/N01
December 12, 2019
Page 2
flowing on the date of inspection, approximately 50-feet of stream contained waste solids (feed
stuff materials) about 1-foot deep throughout the stretch and the ground surface was still
saturated with waste material. Failure to prevent discharge of wastes to surface waters is a
violation of Condition 1.1 of the Permit.
Corrective action: During the second follow-up on December 5, 2019, Mr. Josh Horton
immediately placed caps on both ends of the irrigation system and provided WSRO staff with
a picture of the repair. In your response to this NOV, please provide what actions that will be
taken to prevent this discharge from occurring again.
Continued Violations/Additional Observations:
a. As a part of the NOV dated October 11, 2019, a follow-up was requested once waste could be
pumped down to a compliant level. Your response to the NOV, received by WSRO on November
8, 2019, indicated a contract hauler would spread waste the week of November 11, 2019. WSRO
staff contacted you to set up a follow-up for November 20, 2019, but manure hauling had not
yet occurred, and you indicated it would occur over the upcoming weekend. WSRO staff moved
the planned follow-up to the following Tuesday, November 26, 2019. While no representative
from your farm was able to be present, WSRO staff proceeded to conduct the follow-up
inspection. Wastes had not yet been hauled and the waste storage pond was still up to the crest
of the embankment. While WSRO staff were onsite, you indicated over the phone that the
contract hauler would be working over the Thanksgiving holiday to land apply wastes. WSRO
staff scheduled another follow-up with you for December 5, 2019 to review the waste storage
pond after being pumped down. Mr. Josh Horton was present for the meeting. WSRO staff
observed that waste was being land applied during the follow-up on December 5, 2019 and that
the waste level had dropped by about 6-inches below the maximum liquid level at that time.
This is a continued violation of NOV-2019-PC-0687 until the waste level has been lowered to
the designed freeboard level for the waste storage pond.
b. The waste -level marker still needs to be reset. It is understood that this will occur after the
waste -level is lowered, however it is a continued violation of NOV-2019-PC-0687.
c. Soil samples have not been taken. This is a continued violation of NOV-2019-PC-0687 until such
samples are taken and received by a certified laboratory.
d. The Certified Animal Waste Management Plan (CAWMP) has not yet been updated. It is
understood that this will be corrected once the appropriate soil samples are taken, but it
remains a continuing violation of NOV-2019-PC-0687.
e. Additional measures have not yet been put in place at the wet stack and push -off lane to
eliminate waste from running over. This is a continued violation of NOV-2019-PC-0687.
f. Staff observed that the ruts on the top of the embankment had been filled in as of the follow-
up inspection. This remains a continued violation of NOV-2019-PC-0687.

Horton — NOV/NOI
December 12, 2019
Page 3
Written Response
Please respond in writing to our office within 10 days of your receipt of this Notice describing the
actions you have already taken, or propose to take, to address the violations described 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 at [phone] or by
email at [e-mail] or myself at [phone] or [e-mail].
Sincerely,
DocuSigned by:
145B49E225C94EA...
Lon Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
encl.
cc: NCDEQ-DWR Animal Feeding Operations
Surry County Soil and Water Conservation — via email
WSRO Facility Files