HomeMy WebLinkAbout860010_ENFORCEMENT_20171231Beverly Eaves Perdue
Governor
Mr. William L. Horton
Maple Ridge Dairy Inc.
1174 Pine Ridge Rd.
Mount Airy, NC 27030
A MA
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
September 23, 2009
SUBJECT: Acknowledgment of Receipt of Payment
Farm # 86-0010
File No. PC-2009-0065
Permit No. AWC860010
Sorry County
Dear Mr. Horton:
Dee Freeman
Secretary
RECEIVED
N.C. Dopt, of ENR
I
SE:1'0�';
5 2009WnSalemRnOffice
This letter is to acknowledge receipt of your check No. 8510 in the amount of $1454.00 on September 23,
2009. This payment satisfies in full the civil assessment in the amount of $1454.00 levied against William L.
Horton and the case has been closed. If you have any questions, please call me at (919) 715-6937.
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Unit
cc: Sherri Knight, Winston-Salem APS Regional Supervisor
Melissa Rosebrock, Winston-Salem APS Regional Office
File # PC-2009-0065
APS Central Files
AQUIFER PROTECTION SECTION Ore
1636 Mail Service Center, Raleigh, North Carolina 27699-1636 .N®PthC.alS)lilia
Location: 2.728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: 919-733-32211 FAX 1: gig-115-0588 FAX 2:919-715-6048l Customer Naturally
service: 1-877�623.6748
Internet.w .Irmateraualitv.org
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 26, 2009
CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
Mr. William L. Horton
Maple Ridge Dairy Inc.
H 74 Pine Ridge Road
Mount Airy, NC 27030
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 86-0010
Surry County
File No. PC-2009-0065
Permit No. AWC860010
Dear Mr. Horton:
Dee Freeman
Secretary
:CDept.
ED I
f ENR200pala,rMce
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 $i_ of the civil penalty assessment. The revised
civil penalty is therefore $ ($L. SO+ civil penalty plus $204.00 investigative costs).
There are two options available to you. You may choose to pay the reduced civil penalty
assessment or you may let the Environmental Management Commission's Committee on Civil
Penalty Remissions make the final decision on your remission request.
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:
Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: 919-733-32211 FAX 1: 919-715-0588 FAX 2: 919.715-60481 Customer Servicee. 1-877-623-6748
Imemet www.nmatemualitv.oro
One
North Carolina
Naturally
Go Fnual nnnnrIahim 1 Affirm mlm AnOno rmnIn—,
Page 2
Maple Ridge Dairy
If payment is not received within 30 days from your receipt of this letter, your request for
remission with supporting documents and the Division of Water Quality's recommendation for
the full amount of the original penalty 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 form within thirty (30) days of receipt of this letter. Send the completed form
to:
Miressa D. Garoma
DWQ
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
Miressa D. Garoma at (919) 733-3221.
Sinc ly,
CC een H. ullms
Attachments
cc: Sherri knight, Winston-Salem APS Regional Supervisor w/ attachments
Melissa Rosebrock, Winston-Salem APS Regional Office w/ attachments
File # PC-2009-0065 w/ attachments
APS Central Files w/ attachments
kEGEIVEDIDENRIDWQ
JUSTIFICATION FOR REMISSION REQUEST AQUIFF.R'PROTFr.TION RFCTION
JUL 2 3 2009
DWQ Case Number: PC-2009-0065 County: Suny
Assessed Party: Maple Ridge Dairy Inc.
Permit Number: AWC860010 Amount Assessed: $_/% OV. 00
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 evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e,, explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
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STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MAPLE RIDGE DAIRY INC.
RECEIVED I DENR I ! )VVU
AQUIFFR'PROTFMI N Cre' ^N
JUL 2 3 2009
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2009-0065
Having been assessed civil penalties totaling $ /70q. DO for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated (o�iBT, 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 20flu day of u 2060
SIGNATURE
ADDRESS
TELEPHONE
33�-Y(:::l - 2,VFO
DWQ-- CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: PC-2009-0065
Region:
WSRO
County: Sorry
Assessed Entity: Maple Ridge
Dairy
Farm #
86-0010
() Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of
the petitioner;
Notes:
() Whether the violator promptly abated continuing environmental damage resulting from the
violation;
Notes:
(X) Whether the violation was inadvertent or a result of an accident;
Notes:
The preferred "financial" scenario for Maple Ridge Dairy (or any dairy) would be to harvest small grain in
the early spring then apply animal waste (i.e. nitrogen) in late spring for the corn crop. Maple Ridge Dairy
could have been more pro -active in March and April by applying animal waste onto their available hay
and/or pasture fields, thereby managing the waste such that they would have been better prepared for
unexpected weather problems. They chose, however, to wait until their small grain crop was harvested.
Their problem was compounded in that Maple Ridge Dairy had hired another operator to harvest their
small grain this year. Due to wet field conditions, the hired operator was delayed in harvesting his own
small grain crop, thereby delaying harvest at Maple Ridge Dairy. Staff at Maple Ridge Dairy was also
focused this spring on installing a new multi -thousand dollar solids separation system at the facility. It is
this office's belief that the time devoted to the solids separator project could have also lead, in part, to the
poor management of animal waste at Maple Ridge Dairy.
While there was no 25-year, 24-hour storm event, this office acknowledges that the chronic wet weather
during May 2009 was unusual. Farms in the WSRO area typically prepare for poor application conditions
going into the fall hurricane season or winter, rather than in May. The waste from the storage structure in
question is applied using a slurry tank (honey -wagon). Once chronic wet weather started in May, there was
little opportunity for application when considering the weight of a slurry tank on a field containing clay
soil. Additionally, from a financial standpoint, utilizing the nitrogen from animal waste on a pasture or hay
crop instead of corn is a misuse of the resource for the dairy farmer, especially with the increase in fertilizer
price during the last two years.
This office supports remission of the high freeboard penalty from $500.00 to $250.00. The facility does
not request remission of the penalty for failure to report high freeboard, therefore, we suggest no remission
of the $1000.00 penalty.
() Whether the violator had been assessed civil penalties for any previous violations;
Notes:
() Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Notes:
Decision (Check one)
Request Denied Full Remission Partial remission Amount remitted
Date Coleen H. Sullins
Mena g�
,10fer Pmactinn Section
1636 9WadSer% iu Ctriter
4jpkN14 n 27699
done: 919-715-6937
Tar 919-71S-OS88
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Rosebrock, Melissa
Sent: Thursday, July 30, 2009 10:18 AM
To: Knight, Sherri
Cc: Garoma, Miressa; Larick, Keith
Subject: Remission Request PC-2009-0065 Maple Ridge Dairy
Sherri,
As we discussed yesterday, I'm not inclined to grant any remission on this case. This enforcement was the
result of 1) poor management at the farm and 2) a deliberate choice to not report the high waste level.
1) While the preferred "financial" scenario for Maple Ridge was to harvest small grain then apply the waste for
corn, the farm could have been pro -active and applied waste onto hay and pasture land rather than waiting for
the small grain to be harvested (weather.conditions caused a delay in the small grain harvest). Leave the
assessment at $500.
2) During an announced operations review earlier in the SAME week, the OIC was told to call DWQ when (not
if) the waste level rose above the maximum liquid mark since rain was predicted later that week with no
expected opportunity to pump the waste. The OIC chose not to call. Leave the assessment at $1000... and
we're being gracious.
I would, however, support any request for a "monthly payment plan" if Maple Ridge requests such.
Let me know if you have questions or need to discuss further. If concurring, please forward to Keith and
Miressa.
Thanks,
Melissa
Melissa Rosebrock
Environmental Specialist
DENR- Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(336) 771-5289; fax (336) 771-4630
Please note: my e-mail address has changed to melissa.rosebrocknncdenr.gov
F., mail correspondence to Land from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Rosebrock, Melissa
From:
Garoma, Miressa
Sent:
Friday, July 31, 2009 10:28 AM
To:
Rosebrock, Melissa
Subject:
RE: Remission Request PC-2009-0065 Maple Ridge Dairy
Attachments:
Remission Request.pdf
Melissa,
Attached is the remission
request papers filed by Maple Ridge Dairy.
Wire=cjanma
Aquifer 4lvteetum Sectum
9VL7YE9V xVQ,
1636`Maitservi eCrnler
W oigh4 .'NC27699
11L,ue: 919-715-69.97
Ta 9t9-715-0588
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Rosebrock, Melissa
Sent: Thursday, July 30, 2009 1:44 PM
To: Garoma, Miressa
Cc: Knight, Sherri; Larick, Keith .
Subject: RE: Remission Request PC-2009-0065 Maple Ridge Dairy
Miressa,
Here's what I've got in my electronic files. If you need the photos let me know. A hard (paper) copy of the entire file was
sent to Keith already. We'll work on the Remission Factors form and get it to you.
Melissa
Melissa Rosebrock
Environmental Specialist
DENR- Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(336) 771-5289;fax (336) 771-4630
Please note: my e-mail address has changed to melissa.rosebrockCa3nedenr.gov
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Garoma, Miressa
Sent: Thursday, July 30, 2009 1:38 PM
To: Rosebrock, Melissa; Knight, Sherri
Cc: Larick, Keith
Subject: RE: Remission Request PC-2009-0065 Maple Ridge Dairy
Melissa, Sherri;
Thanks for the email. If you have an electronic copy of the enforcement file please forward it to as soon as you can.
Attached please find the civil assessment remission factors consideration form, fill it out and return it to me ASAP.
A I 7V.A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Maple Ridge Dairy Inc
Maple Ridge Dairy
1174 Pine Ridge Rd.
Mount Airy, NC 27030
Division of Water Quality
Coleen H. Sullins
Director
July 23, 2009
SUBJECT: Remission Request
Farm # 86-0010
Surry County
File No. PC-2009-0065
Permit No. AWC860010
Dear Maple Ridge Dairy Inc:
Dee Freeman
Secretary
RECEIVED
N.C. Dept. of ENR
JUL 2 7 2009
Winston-Salem
Regional Office
This letter is to acknowledge receipt of your request, on July 23, 2009, for remission
of the civil penalty levied against the subject facility. The'Director of the Division of
Water Quality will review your evidence and inform you.of her decision in the
matter of your remission request.
If you have any questions, please call me at (919) 715-6937.
Sincerely,
*4d
Miressa D. Garoma
Animal Feeding Operations Unit
cc: Sherri Knight, Winston-Salem APS Regional Supervisor
Melissa Rosebrock, Winston-Salem APS Regional Office
File # PC-2009-0065
APS Central Files
AQUIFER PROTECTION SECTION One
1636 Mail Service Center, Raleigh. North Carolina 27699.1636 NorthCaroliiia
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 a,q Ffipq//�
Phone: 919-733-32211 FAX 1:919-71 MW FAX 2: 919.715.604B 1 Customer Service:1-877-623-6748 (/ �yat KLL
Internet ncwatemualitv.onn
■ Complete Items 1, 2, and 3. Also complete A. Sig ture
Item 4 if Restricted Delivery Is desired. `
X
■ Print your name and address on the reverse
so that we can return the card to you. S. Received by (Printed Naine)
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Mr. William L. Horton
Maple Ridge Dairy Inc.
1174 Pine Ridge Road
Mount Airy, NC 27030
Agent
C. Date of Delivery
or,
D. Is delivery address different from Item 17 U Yes
If YES, enter delivery address below: ❑ No
a.,� pC-aoo9- oohs
3. Serylbe Type
Certified Mall ❑ Express Mall
❑ Registered ❑ Return Receipt for Memhandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
z.r 7004 2,510 i0002,'2066 i,99,9L
PS Form 3811, February 2004 Domestic Return Receipt ZS- Q ,&02595-02-M-1540
r .. .•. �i \..\ 11 4\I A:. .,ram'
UNITED STATES POST ALEF�VI�E, ',� 4 r.^"\ Fr"s`i-c:laes"Ma'�if •`
v, Post13
`Perm�r iT}fel0. G-10
• Sender: Please print your name, address, and ZIP+4 in this box
/ � l • go S Un,-c r— ``�
Aquifer Protection Section
Department of Environment and Natural Resources
585 Waughtown Street
Winston-Salem, NC 27107-2241
_= -�: =�=�& I1111111111111111111111111111111111111111111111111111111111111
Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
June 19, 2009
CERTIFIED MAIL - #7004 2510 0002 2066 9996
RETURN RECEIPT REQUESTED
Mr. William L. Horton
Maple Ridge Dairy Inc.
1174 Pinc Ridge Road
Mount Airy, NC 27030
SUBJECT: Assessment of Civil Penalties for Violation(s) of
Cattle Waste Management Permit AWC860010
and N.C. General Statute(s) 143-215.1
File No. PC-2009-0065
Lrm 88'0700)ItO
S'ucry County
Dear Mr. Horton:
This letter transmits notice of a civil penalty assessed against Maple. Ridge Dairy Inc. in the
amount of $1704.00, which includes $204.00 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
Dee Freeman
Secretary
This action was taken under the authority vested in me by delegation provided by the Secretary, of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTION SECTION One
1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Nofttl.Carolina
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 ��Furr�//'�
Phone: 919-733-3221 1 FAX 1: 919-715-0588 FAX 2:919-71MG481 Customer Service: 1.677-623-6748 b ss�J
Internet:w .nmateraualitv.om
N
Page 2
6/19/2009
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit
it to the Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(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 Quality will review your evidence and inform you of her decision in
the matter of your remission request. The response will provide details regarding the case status, directions
for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
Mr. Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
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 original and one (1) copy of the
Page 3
6/19/2009
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand -deliver a copy to:
Mr. Miressa D. Garoma
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. 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 Ms. Melissa Rosebrock at (336) 771-5000.
Sincerely,
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
ATTACHMENTS
cc: AP-S WSRO-File-s w/-attachments)
APS Enforcement Files w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SURRY
File No. PC-2009-0065
IN THE MATTER OF
MAPLE RIDGE DAIRY, INC. ) FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
FOR VIOLATIONS OF )
CATTLE WASTE MANAGEMENT )
SYSTEM GENERAL PERMIT AWG200000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, I, Sherri V. Knight,
Supervisor of the Aquifer Protection Section, within the Division of Water Quality (DWQ)
Winston-Salem Regional Office, make the following:
I. FINDINGS OF FACT:
A. Maple Ridge Dairy, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Maple Ridge Dairy, Inc. owns and operates Maple Ridge Dairy, a cattle operation in
Surry County.
C. Maple Ridge Dairy, Inc. was issued Certificate of Coverage AWC860010 under
General Permit AWG200000 for Maple Ridge Dairy on August 10, 2007, effective
August 10, 2007, with an expiration date of September 30, 2009.
D. Condition No. V. 2. of the General Permit states in part that "The maximum waste
level in lagoons/storage ponds shall not exceed that specified in the Certified Animal
Waste Management Plan (CAWMP)."
E. The CAWMP for Maple Ridge Dairy requires that the waste level in the lagoon not
exceed the maximum liquid level (elevation 68.4 feet), or 16 inches below the
spillway and 32 inches below the top of the dam.
F. Condition No. III. 13. c. of the General Permit requires that the permittee shall report
by telephone to the appropriate Regional Office as soon as possible, but in no case
more than 24 hours following first knowledge of the occurrence of failure to
maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 2. of the issued permit.
G. On May 5, 2009, Division of Soil and Water Conservation (DSWC) staff performed
an announced Operations Review at Maple Ridge Dairy. At the time of the Review,
the waste level was at the maximum liquid level.
H. DSWC staff instructed Maple Ridge Dairy personnel, specifically the Operator in
Charge, to notify DWQ if the waste level rose into the freeboard.
I. Between April 29, 2009 and May 7, 2009 on -site farm records indicate that Maple
Ridge Dairy received rain on six of the nine days for a total of 6.3 inches of rainfall
during this period.
J. DWQ staff from the Winston-Salem Regional Office inspected Maple Ridge Dairy
on May 8, 2009 and observed that the waste level of the lagoon was into the
emergency spillway and was only ten inches below the top of the dam, which
exceeded the level specified in the CAWMP.
K. The Winston-Salem Regional Office had not received notification from Maple Ridge
Dairy that the waste level exceeded the level specified in the CAWMP.
L. The costs to the State of the enforcement procedures in this matter totaled $204.00.
Based upon the above Findings of Fact, I make the following_
II. CONCLUSIONS OF LAW:
A. Maple Ridge Dairy, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to maintain the liquid level in the lagoon at the level
specified in the CAWMP violated Condition No. V. 2. of the General Permit.
D. The above -cited failure to report by telephone to the appropriate Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of failure to maintain storage capacity in a lagoon/storage pond greater
than -or equal to that required in Condition No. V. 2. violated Condition No. III. 13. c.
of the General Permit.
E. Maple Ridge Dairy, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than ten thousand
dollars ($10,000.00) per violation may be assessed against a person who violates or
fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Maple Ridge
Dairy, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Aquifer Protection Supervisor for the Winston-Salem Regional Office, Division
of Water Quality, pursuant to delegation provided by the Secretary of the Department
of Environment and Natural Resources and the Director of the Division of Water
Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
Maple Ridge Dairy, Inc. is hereby assessed a civil penalty of:
$ 00.00 for violating Condition No. V. 2. of the General Permit by failing to
maintain the liquid level in the lagoon at the level specified in the
CAWMP
S 1000.0o for violating Condition No. III. 13. c. of the General Permit by failing
to report by telephone to the appropriate Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge
of the occurrence of failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in
Condition No. V. 2.
$ 204 00 Enforcement costs
$ / 70 i/.X 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;
(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 cosi to the State of the enforcement procedures.
r, Ll v/p
(ll te) Sherri V. Knight
Aquifer Protection Supervisor .
Winston-Salem Regional Office
STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT
OF CIVIL, PENALTIES AGAINST
MAPLE RIDGE DAIRY INC.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2009-0065
Having been assessed civil penalties totaling $ 170q .OD for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated �i8/o q , the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
TELEPHONE
SIGNATURE
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2009-0065 County: Sorry
Assessed Party: Maple Ridge Dairy Inc.
Permit Number: AWC86001 0 Amount Assessed: $ /%Oj.X
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 evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:
NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: Maple Ridge Dairy Inc.
County: Sorry Case Number: PC-2009-0065
Permit Number: AWC860010
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;
As a result of the high waste levels, the vegetation in the spillway of the waste structure has
died. Maple Ridge Dairy Inc. will need to grade and re -seed the area to establish stability.
2) The duration and gravity of the violation;
The facility's waste level remained above the maximum liquid mark for almost 30 days.
During this time, the waste level continued to rise and flow into an emergency retention basin
constructed by Maple Ridge Dairy Inc. in which to capture the waste prior to its entering
surface waters. The construction of this basin was at the request of DWQ.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown. Potentially, the effect could have been catastrophic as this was a new waste structure
that may not have had time to properly settle. Additionally, if DWQ had not found out about the
discharge, animal waste could have flowed, unchecked, into surface waters, located just over 100
feet downhill.
4) The cost of rectifying the damage;
Unknown. Violator spent time and fuel to dig emergency catch basin and install freshwater
diversion pipe to help exclude rain water from waste structure.
5) The amount of money saved by noncompliance;
Unknown, as the facility still had to pump out the waste and land apply per their waste plan
anyway. By not land applying in a timely manner, the facility was able to continue their
efforts on the construction of a new sand separation system of which DWQ was not aware.
6) Whether the violation was committed willfully or intentionally;
This office does not believe the high freeboard violation to have been committed willfully or
intentionally, but rather the result of poor waste management technique on the part of Maple
Ridge Dairy Inc. The failure to report violation was intentional as the farm's staff was
instructed to call during the scheduled Operation Review on May 5, 2009.
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
September 2007 —NOV for failure to maintain required records.
March 2001 —NOV for failure to maintain required records.
June 1999 —NOV for failure to maintain required records.
October 1997 —NOV for two illegal discharges.
8) The cost to the State of the enforcement procedures.
$204.00
Maple Ridge Farms, Inc.
1174 Pine Ridge Rd
Mount Airy, NC 27030
(336)786-4533
May 21, 2009
Sherri Knight
NCDENR
585 Waughtown Street
Winston-Salem, NC 27107
Re: Case # NOV-2009-PC-0438, Facility 86-10, Permit # AWC860010
Dear Ms. Knight:
RECEIVED
N.C. Dept. of ENR
MAY 2 6 2009
Winston-Salem
Regional Office
Over a nine day time period we received over 6 inches of rain. Each inch of rain causes
our pond to raise by 3 inches due to the containment of surface water and open travel
lanes. As of the first of April the waste level in the pond was where we would expect it
to be for this time of year. Therefore, there was no cause for alarm. In a normal year, we
harvest small grain silage during the last week of April. Due to the extremely wet month
of April this year, we were 2 to 3 weeks behind in harvesting our small grain. This delay
combined with the large amounts of rainfall caused our waste pond to be at maximum
level. Our plan was to haul manure on our hay and pasture land as soon as weather
permitted. Weather did permit hauling on May 12th and the pond was lowered
approximately 6 inches. No waste made it any further than Ms. Rosebrock indicated on
her visit. As of May 21', crop harvesting was proceeding as expected and manure is
being applied as soon as each field is harvested. Our custom manure haulers are
scheduled to arrive on June I"' and should have our pond emptied by approximately June
4°i. Currently waste water is still above maximum liquid mark but in no immediate
danger of running ring over. As you probably know, we have no prior history of manure
containment problems. Ms. Rosebrock is usually very happy with her inspections.
Please excuse my tardiness in writing this letter but we have been extremely busy trying
to get caught up with harvest and manure application. Your compassion in this extremely
wet spring and period of low milk prices would be greatly appreciated.
Th yo � 4Jr
Daniel L.Horton,.
Corporate Secretary
North Carolina
Beverly Eaves Perdue
Governor
CERTIFIED MAIL 7004 2510 0002 2066 9958
RETURN RECEIPT REQUESTED
Mr, William L. Horton
Maple Ridge Dairy
1174 Pine Ridge Road
Mount Airy, NC 27030
NC®ENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
May 12, 2009
Natural Resources
SUBJECT`. Notice of Violation I Notice of Intent to Enforce
Case Number: NOV-2009-PC-0438 Failure to Notify of High Waste Level
Facility 86-10, Permit Number AWC860010
Surry County
Dear Mr. Horton:
Dee Freeman
Secretary
Records indicate that on May 5, 2009, Mr. Joseph Hudyncia of the State's Division of Soil and Water
Conservation (DSWC) performed an announced Operations Review at your facility. At the time of the Review, the waste
level in the large (newest) waste storage structure was reported to be at the maximum liquid mark. DSWC -staff instructed
you to notify the Division of Water Quality (DWQ) if the waste level rose into the "freeboard."
After documenting additional rainfall in the area and having received no notification of waste level problems at
your dairy, Ms. Melissa Rosebrock, of the DWQ Winston-Salem Regional Office, visited Maple Ridge Dairy Inc. on May 7,
2009. Ms. Rosebrock requested and was provided a copy of the farm's rainfall records. These records indicate that from
April 29-May 7, 2009 Maple Ridge Dairy Inc. received rain on six of the nine days. Rainfall total for this period was
reportedly 6.3 inches. DWQ staff observed that the waste level in the new waste pond had risen approximately 14 inches
since the Operations Review. Waste was two to three feet into the slope of the spillway having only 10 inches (vertical
measurement) before it could crest and then flow downhill to the stream.
While the Division recognizes the difficulty in managing the storage of animal waste during what could be
considered a chronic rainfall event, we also remind you that Section III. 13.c. of the Cattle Waste Management System
General Permit requires that 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... failure to maintain storage
capacity in a waste pond greater than or equal to that required in ... this General Permit." The Division has no record of
receiving the 24•hour notification.
Winston-Salem Regional Office
585 Waughlown Street Winston-Salem. NO 27107
Phone: 336-771-50001, FAX: 336-77141631 1 Customer Service: 1.877-623 6748
Internet: wm.ncwaleryuallty,org
One
NortliCarolina
Naturallil
An Equal Opportunity 1 Affirmative Action Employer
Horton
May 12, 2009
Page 2
This office is considering an enforcement action against Maple Ridge Dairy Inc for the above -
referenced violation. If you have justification that this violation was caused by circumstances beyond your
control, or have an explanation that you wish to present, please respond in writing within ten (10) days
following receipt of this notice. Your response should be sent to my attention at the address shown on the
letterhead. The WSRO will review your response for possible consideration.
The following corrective actions should take place (or have taken place) immediately:
1) Construct a retention basin to contain the waste in the event it crests over the spillway.
2) Continue to divert additional freshwater away from the new waste storage pond.
3) Begin hauling waste from the storage pond and land applying as soon as field
conditions allow.
4) Continue to update the DWQ Regional office on the daily rainfall and waste levels each
week until the waste level is below the maximum liquid mark (in compliance). This should
include rainfall records since May 7, 2009.
5) Continue to monitor and document the condition of the dam for any deterioration or leaks.
Notify DWQ immediately if detected.
DWQ Staff also noted that the spillway area (including the freshwater diversion) needs to be
graded, checked by a technical specialist, and re -seeded to repair damage caused by manure hauling
equipment. Staff also observed construction of a new sand separator system near the free -stall barns.
Since the sand separator will alter the way in which animal waste is managed at your farm, this new
component must be evaluated, approved by DWQ, and incorporated into the existing CAWMP. Please see
the attached DWQ inspection report for more detailed notes and recommendations.
If you have any questions concerning this Notice please contact me, or Ms. Melissa Rosebrock, at
(336) 771-5000.
Attachment
Sincerely,
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
cc: APS -Animal Feeding Operations Unit
Surry County SWCD/NRCS
WSRU_APS Files
Central Office APS File
Pe,- 2coR- OO&5
UNITED
* Sender: Please print your name, address, and ZIP+4 in this box *
/� - . d?os,,-,b,-oc-L - -- -
Aquifer Protection Section
Department of Environment and Natural Resources
585 Waughtown Street
i Winston-Salem, NC 27107-2241
■ Complete'ttems 1; 2;"and 3. Also complete"`
Item 4 If Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressetl to:
A. Sig at ❑ Agent
B.iReceived by ( Printed N&e) C. Date of Delivery
S-w,w
D. Is delivery address different from Rem 11 U Yes
If YES, enter delivery aac ress below: ❑ No
' Mr. William L. Horton
Maple Ridge Dairy
L
1174 Pine Ridge Road
Mount Airy, NC 27030
i
13.
Se ce Type
Certlfled Mail
❑ Express Mail
❑ Registered
❑ Return Receipt for Merchandise
❑ Insured Mail
❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yee
A.
;ii•O.Fk4 ;257U'00�2 �20r66 9951!vp✓ s/I'a'l ',i
°PS FbO'B$"%'F`e6r62`ty2004 Domestic 'Return Receipt
��16_a�",� 102595-02-M-1540
Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 860010 Facility Status: Active Permit: AWC860010 ❑ Denied Access
Inspection Type: Compliance Inspection Inactive or Closed Date:
Reason for Visit: Referral County: Surly Region: Winston-Salem
Date of Visit: 05/07/2009 Entry Time:11:00 AM Exit Time: 12:15 PM Incident #:
Farm Name: Maple Ridoe Dairy Owner Email:
Maple - Da ry Inck0--1�
Mailing Address: 1174 Pine R due Rd - Mount A ry Meftlsi_
v,hysical Address: 999 Horton Rd Mount Airy NC 27030
Facility Status: ❑ Compliant 0 Not Compliant
Location of Farm:
Pine Ridge Road off Hwy. 89 8 miles west of Mt. Airy.
Integrator:
Latitude:36°30'05" Longitude:80°43'15"
Question Areas:
® Discharges & Stream Impacts Waste Collection & Treatment Other Issues
Certified Operator: William L Horton
Secondary OIC(s):
On -Site Representative(s): Name
24 hour contact name
On -site representative
Operator Certification Number: 21410
Title
Phone
Bill Horton Phone:
Bill Horton Phone:
Primary Inspector: Melissa Rose�brrjodck //�/��j' , /,/t,
Inspector Signature: ��/r` 1 &UAh I/1-/ , e !�
Secondary inspector(s):
Phone:
Date: 6 11�)
Page:1
Permit: AWC860010 Owner -Facility: Maple Ridge Dairy Inc Facility Number: 860010
Inspection Date: 05/07/2009 Inspection Type: Compliance Inspection Reason for Visit: Referral
Inspection Summary:
1. Discharge of waste observed at spillway of new (largest) waste storage pond. Waste had not yet reached waters of State at time of
inspection. OIC was instructed to dig large retaining hole with which to help contain waste should the level rise enough to begin
flowing downhill towards the stream. He suggested an 8'X30' hole (LxW) which was completed on 5/7/09 and confirmed by Surry
SWCD on 5/8/09. Hole was dug in "natural soil" ---not into the dam. Staff also installed diversion ditches and pipes to help keep
additional surface water from entering the large waste pond. OIC provided me with rainfall data from 4/29/09-05/7109.
4. Waste level had risen 2-3 feet into width of spillway. Waste was within 10 inches of the top of the embankment so level was
approximately 14 inches above the maximum liquid mark. Facility has pasture fields that they can land apply waste ---possibly starting
on Monday (5/11/09) if no additional rain is received. They have a 4200 gallon slurry tank and can borrow an additional tank to help
apply waste.
28, Facility anticipates completion of new sand separator by McLanahan within three weeks. It will reportedly use 800 gal. of well
water per day to clean the bedding sand for re -use. Parlor water from existing waste pond (small) will also be used to help clean the
sand. Need to have technical specialist review and approve design, check storage pond calulalions, and approve design then seek
approval from DWQ --- ASAP. Once design and installation meets NRCS standards then it needs to be incorporated into waste plan.
7. Spillway area, including the freshwater diversion which was constructed to direct water away from the spillway, of new waste pond
needs to be graded, checked by technical specialist, then re -seeded to repair damage caused by manure hauling equipment.
7. One of the pipes (4") carrying manure into the small waste pond became clogged (again) and a section of the pipe was removed.
This is allowing the flaw of manure over land to also wash soil/sand into the waste pond. Need to repair as soon as possible. Suggest
6" pipe for this section?
31. Operational review was performed 5/5/09 and waste level in largest pond was at the maximum liquid mark at that time. OIC was
told to call DWQ per the permit. The area received continued rainfall on 515/09 and 5/7/09 and did not call or report high freeboard to
DWQ.
33. Possibly. Will need to have tech specialist or DWQ staff visit.
Page: 2
Permit: AWC860010 Owner - Facility: Maple Ridge Dairy Inc
Inspection Date: 05/07/2009 Inspection Type: Compliance Inspection
Regulated Operations
Cattle
Facility Number: 860010
Reason for Visit: Referral
Design Capacity Current Population
El Cattle - Dairy Heifer _ _ 100
Cl Cattle -Milk Cow 600
Total Design Capacity: 700
Total SSLW: 940,000
Waste Structures
T„.. Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
aste Pond
LARGE (NEW) WSP
02/16/07
.00
Waste Pond
WASTE POND
24.00
Wet Stack
WET STACK #1
et Stack
WET STACK #2
Page:3
Permit: AWC860010 Owner• Facility: Maple Ridge Dairy Inc Facility Number: 860010
Inspection Date: 05/07/2009 Inspection Type: Compliance Inspection Reason for Visit: Referral
Discharges & Stream Impacts
Yes
No
NA
NE
1. Is any discharge observed from any part of the operation?
❑
❑
❑
Discharge originated at:
Structure
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
01111
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
0
❑
❑
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
E
❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
E
❑
❑
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
Cl
■
❑
❑
discharge?
Waste Collection, Storage & Treatment
Yes
No
NA
NE
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 (Le./ large trees, severe
❑
■
❑
❑
erosion, seepage, etc.)?
6. Are there structures 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?
❑
❑
❑
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?
Otherlssues
Yes
No
NA
NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
■
❑
❑
❑
N. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those
❑
❑
❑
■
mortality rates that exceed normal rates?
30, At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air
❑
■
❑
❑
Quality representative immediately.
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
❑
❑
❑
32, Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑
0
❑
❑
33, Does facility require a follow-up visit by same agency?
■
❑
❑
❑
Page: 4
❑ Division of Water Quality
Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 860010 Facility Status: Active Permit: AWC860010 ❑ Denied Access
Inspection Type: Operations Review Inactive or Closed Date:
Reason for Visit: Routine County: Surry Region: Winston-Salem
Date of Visit: 05/05/2009 Entry Time:01:00 PM Exit Time: 02:30 PM Incident M
Farm Name: Maple Ridge Dairy Owner Email:
Owner: Maple Ridae Dairy Inc Phone: 336-719-7904
Mailing Address: 1174 Pine Ridge Rd Mount Airy 0
Physical Address: 299 Horton Rd Mount Airy NC 27030
Facility Status: ❑ Compliant ❑ Not Compliant Integrator:
Location of Farm:
Pine Ridge Road off Hwy. 89 8 miles west of Mt. Airy.
Question Areas
Latitude:36°30'05" Longitude:80°43'15"
Discharges & Stream Impacts Waste Collection & Treatment Waste Application
Records and Documents Other Issues Technical Assistance
Certified Operator: William L Horton Operator Certification Number: 21410
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Bill Horton Phone:
On -site representative Bill Horton Phone:
Primary Inspector: Joseph Hudynci Phone:
Inspector Signature: ,M4 %1 — Date: s.ithoaq
Secondary
Inspection Summary:
Waste Analysis: 4/20/2009 >> Pond 2.5 IbN/1,000g >>Stacks 3.61bN/t
9/19/09 >> Pond 9.9 IbN/1,000g >>Stacks 2.91bN/t
Soils: 4/29/2009. Good. Keep working on fields w/ low pH.
Calibration: 4250 Tank done 9/2008. Solids spreaders due ASAP.
Waste Plan need to be re -written to reflect actual acreage of farm. Most fields have been counted twice.
Producer advised to notify DWQ if waste level enters freeboard.
Page:1
Permit: AWC860010 Owner - Facility: Maple Ridge Dairy Inc
Inspection Data: 05/05/2009 Inspection Type: Operations Review
Facility Number: 860010
Reason for Visit: Routine
Regulated Operations Design Capacity Current Population
Cattle
Cattle -Milk Cow 600 380
Total Design Capacity: 600
Total SSLW: 840,000
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
Waste Pond
LARGE (NEW) WSP
02/16/07
12.00
Waste Pond
WASTE POND
36.00
Wet Stack
WET STACK #1
24.00
Vet Stack
WET STACK #2
24.00
Page:2
4
Permit: AWC860010 Owner - Facility: Maple Ridge Dairy Inc
Inspection Date: 05/05/2009 Inspection Type: Operations Review
Discharges & Stream Impacts
1. Is any discharge observed from any part of the operation?
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. Estimated volume reaching surface waters?
d. 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?
Facility Number: 860010
Reason for Visit: Routine
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
discharge?
Waste Collection, Storage & Treatment
4. Is storage capacity less than adequate?
Yes No NA NE
❑ ■ ❑ ❑
❑ ❑ ■ ❑
❑ ■ ❑ ❑
❑ ■ ❑ ❑
Yes No NA NE
❑■❑❑
If yes, is waste level into structural freeboard? ❑
5. Are there any immediate threats to the integrity of any of the structures observed (Led large trees, severe ❑ ■ ❑ ❑
erosion, seepage, etc.)?
6. Are there structures 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?
❑
■
❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
❑
■
Cl
❑
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
Cl
■
❑
❑
improvement?
Waste Application
Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
Cl
■
❑
❑
improvement?
11. Is there evidence of incorrect application?
❑
■
❑
❑
If yes, check the appropriate box below.
Excessive Ponding? .
❑
Hydraulic Overload?
0
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
Page:3
Permit: AWC860010 Owner • Facility: Maple Ridge Dairy Inc
Facility Number: 860010
Inspection Date: 05/05/2009 Inspection Type: Operations Review
Reason for Visit: Routine
Waste Application
Yes No NA NE
PAN?
❑
Is PAN > 10%/101bs.?
❑
Total P205?
❑
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
Small Grain (Wheat,
Badey, Oats)
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Congaree
Soil Type 2
Fairview sandy clay
loam, 2 to 8% slopes
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 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 determination?
❑
❑
■
❑
17. Does the facility lack adequate acreage for land application?
❑
■
❑
❑
18. Is there a lack of properly operating waste application equipment?
❑
E
❑
❑
Records and Documents
Yes
No
NA
NE
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
Page:4
Permit: AWC860010 Owner -Facility: Maple Ridge Dairy Inc
Inspection Date: 05/05/2009 Inspection Type: Operations Review
Records and Documents
WUP?
Checklists?
Design?
Maps?
Other?
21. Does record keeping need improvement?
If yes, check the appropriate box below.
Facility Number: 860010
Reason for Visit: Routine
Yes No NA NE
11
❑ ■ ❑ ❑
Waste Application?
❑
120 Minute inspections?
❑
Weather code?
❑
Weekly Freeboard?
❑
Transfers?
❑
Rainfall?
❑
Inspections after> 1 inch rainfall & monthly?
Cl
Waste Analysis?
❑
Annual soil analysis?
❑
Crop yields?
❑
Stocking?
❑
Annual Certification Form (NPDES only)?
❑
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 (NPDES only)?
❑
❑
IN
❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
■
❑
❑
❑
25. Did the facility fail to conduct a sludge survey as required by the permit?
❑
❑
■
❑
26. Did the facility fail to have an actively certified operator in charge?
❑
■
❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑
■
❑
Y.c
Nn
NA
NP
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ■ ❑ ❑
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those ❑ ■ ❑ ❑
mortality rates that exceed normal rates?
Page:5
Permit: AWC860010 Owner - Facility: Maple Ridge Dairy Inc
Inspection Date: 05/05/2009 Inspection Type: Operations Review
Other Issues
Facility Number: 860010
Reason for Visit: Routine
Vna N. NA NE
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air
Quality representative immediately.
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
32. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
33. Does facility require a follow-up visit by same agency?
❑ ■ ❑ ❑
❑ ■ ❑ ❑
❑ ■ ❑ ❑
❑ ■ ❑ ❑
Page:6
NCDENR -
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Coleen H. Sullins Dee Freeman
Governor
Director Secretary
N.C. Dept. of ENR
September 15, 2010 SEP 1 6 2010
Maple Ridge Dairy, Inc.
Maple Ridge Dairy
Winston-Salem
1174 Pine Ridge Road
Reglonel ORlce
Mt. Airy, NC 27630
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 86-10
Surry County
File No. PC-2010-0062
Permit No. AWC860010
Dear Maple Ridge Dairy, Inc.:
This letter is to acknowledge receipt of your check No. 9832 in the amount of $2, 691.00 on
Septemeer 13, 2010. This payment satisfies in full the civil assessment in the amount of
$2,691.00 levied against Maple Ridge Dairy, Inc. and the case has been closed.
If you have any questions, please call me at (919) 715-6698.
Sincerely,
J. R. Jo hi
Animal Feeding Operations Unit
cc: tW.inston_Salem Regional Office, Aquifer Protection Section
File # PC-2010-0062 w/ attachments
APS Central Files w/ attachments
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: 919-733-32211 FAX 1: 919-71"588 FAX 2: 919-715-60481 Customer Service: 1-877-623-6748
Internet: www.nmtemualitv.ora
�ne Carolina
Nahmally
An Finial On ndnniN % Alfi� Anfnn FmNnvar
t!a A
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 9, 2010 - --
CERTIFIED MAIL 7009 0820 0001 0529 8766 ' 3;, N.c Dep. o ENR
RETURN RECEIPT REQUESTED _s
AUG 12 2010
Maple Ridge Dairy, Inc. wlnston4arom
Maple Ridge Dairy Ragios°t omce
1174 Pine Ridge Road
Mt. Airy, NC 27030
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
Farm # 86-10
Suny County
File No. PC-2010-0062
Permit No. AWC860010
Dear Maple Ridge Dairy, Inc.:
This letter transmits notice of a civil penalty assessed against Maple Ridge Dairy, Inc. in the
amount of $2,691.00, which includes $291.00 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violation(s) may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural Resources.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Do not include the attached waiver form if making payment.
Please send payment to the attention of:
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: 919-733-32211 FAX 1: 919-715-0588 FAX 2, 919-715.60481 Customer Service, 1-877-623-6748
Internet:w .nnvateroualitv.orc
No rthCarolina
Naturally
An Fruml Mnnnuniml ARrmafiwn Arlinn FmHl ,
Page 2
Maple Ridge Dairy, Inc.
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the
proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit
it to the Division of Water Quality at the address listed below. In determining whether a remission request
will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(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 Quality will review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions
for payment, and provision for further appeal of the penalty to the Environmental Management
Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee
cannot consider information that was not part of the original remission request considered by the Director.
Therefore, it is very important that you prepare a complete and thorough statement in support of your request
for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the
enclosed "Justification for Remission Request." Both forms should be submitted to the following address:
J. R. Joshi
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 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. 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 original and one (1) copy of the
Page 3
Maple Ridge Dairy, Inc.
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please mail or hand deliver a copy to:
J. R. Joshi
DWQ
1636 Mail Service Center
Raleigh, NC 27699-1636
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by
an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. 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 J. R. Joshi at (919) 715-6698.
Sincerely,
Theodore L. Bush, Jr., Chief
Aquifer Protection Section
Division of Water Quality
ATTACHMENTS
cc: Sherri Knight, Winston-Salem APS Regional Supervisor w/ attachments
Melissa Rosebrock, Winston-Salem APS Regional Office w/ attachments
File # PC-2010-0062 w/ attachments
APS Central Files w/ attachments
Susan Massengale w/ attachment
STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF
MAPLE RIDGE DAIRY, INC.
FOR VIOLATIONS OF
CATTLE WASTE MANAGEMENT
SYSTEM GENERAL PERMIT AWG200000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC-2010-0062
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr.,
Chief of the Aquifer Protection Section, of the Division of Water Quality (DWQ) make the
following:
L FINDINGS OF FACT:
A. Maple Ridge Dairy, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Maple Ridge Dairy, Inc. owns and operates Maple Ridge Dairy, a permitted cattle
operation in Surry County.
C. Maple Ridge Dairy, Inc. was issued Certificate of Coverage AWC860010 under
Cattle Waste Management General Permit AWG200000 for the Maple Ridge Dairy
on October 1, 2009 effective upon issuance, with an expiration date of September 30,
2014.
D. Condition No. II.24 of General Permit AWG200000 requires that all waste
application equipment must be tested and calibrated once in the first two years after
issuance of the Certificate of Coverage and then at least once every two years
thereafter.
E. Condition No. 111.2 of General Permit AWG200000 requires that a waste -level gauge
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.
F. On August 20, 2009 and March 24, 2010, DWQ staff conducted annual inspections
and discovered that the solid spreader had not been calibrated since 2006.
G. On August 20, 2009 and March 24, 2010 DWQ staff observed that the "Upper"
waste pond did not have a waste -level gauge.
H. The outlet pipe from the "Upper" waste pond does not gravity feed through a free
flowing transfer pipe into the "New" waste pond." The waste is pumped from the
"Upper" waste pond, onto a concrete containment lane, where it then gravity flows
into the "New" waste pond.
I. DWQ responded by issuing a Notice of Violation on April 6, 2010. A written
response was not received from Maple Ridge Dairy, Inc.
J. DWQ issued the facility a Notice of Intent to Enforce on June 9, 2010 and was
received by the facility on June 9, 2010. DWQ received a written response to the
NOI from Daniel L. Horton, Jr. on June 21, 2010.
K. The costs to the State of the enforcement procedures in this matter totaled $291.00.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW:
A. Maple Ridge Dairy, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to test and calibrate the solid spreader as required violated
Condition No.11,24. of General Permit AWG200000.
D. The above -cited failure to maintain a waste -level gauge on the "Upper" waste storage
pond violated Condition No. 111.2. of General Permit AWG200000.
E. Maple Ridge Dairy, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Maple Ridge
Dairy, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
G. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Maple Ridge Dairy, Inc. is hereby assessed a civil penalty of
elo
$ %,2O d
for violating Condition No. 11.24 of General Permit AWG200000 by
failing to test and calibrate the waste application equipment.
oD
$ UCH
for violating Condition No. 111.2 of General Permit AWG200000 by
failing to maintain a waste -level gauge on a waste storage pond.
�v
$
TOTAL CIVIL PENALTY
$ 291.0 ENFORCEMENT COSTS
$ 6 j 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;
(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.
8-A //z9 4,4 5��
(Dat) ire L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2010-0062 County: Surry
Assessed Party: Maple Ridge Dairy, Inc.
Permit No. (if applicable): AWS860010 Amount Assessed: $ 2,691.00
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 evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully annlied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
_ (c) the violation was inadvertent or a result of an accident (i.e., explain why the -
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):
STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MAPLE RIDGE DAIRY, INC.
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2010-0062
Having been assessed civil penalties totaling $2,691.00 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated August 9, 2010, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30)
days of receipt of the civil penalty assessment. No new evidence in support of a remission request
Will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of .20
SIGNATURE
ADDRESS
MI-41ta :[•Ml
f
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
July 19, 2010
MEMORANDUM:
To: Keith Larick
From: Sherri Knight
Melissa Rosebrock (XP`
Subject: Recommendation for Civil Penalty
Case # PC-2010-0062 -
Maple Ridge Dairy, Inc., AWC860010
Surry County
On March 24, 2010 staff of the Winston-Salem Regional Office Division of Water
Quality (WSRO-DWQ) visited Maple Ridge Dairy, Inc. to perform an announced compliance
inspection. During the course of our inspection, it was confirmed that the solid waste spreader
calibration due in 2008 had still not been performed, nor had the facility conducted their 2010
calibration as yet. There was no response or action from the facility regarding this matter until the
NOV/NOI was sent.
WSRO-DWQ also noted that the waste -level gauge (marker) in the "upper" waste storage
pond has been missing since their August 2009 compliance inspection. The facility was
reminded, in writing, via inspection reports in August 2009 and March 2010 to re -install the
marker. The April 6, 2010 NOV again instructed the facility to properly install the marker within
30 days. The facility did not contact a tech specialist to correctly "site" the marker until May 7,
2010.
Our records document several years of non-compliance by Maple Ridge, Dairy, Inc.
dating back to 1997. Violations range from failing to maintain required records to freeboard
violations, to non -permitted discharges. Please find attached, therefore, documents supporting the
WSRO's request for yet another civil penalty assessment against Maple Ridge Dairy, Inc., for
failing to perform waste application calibrations and maintain a waste -level gauge as required by
the permit. We request that you initiate appropriate action from your office and forward the
attached package to the Aquifer Protection Section Chief. 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) Most recent correspondence between violator and DWQ, including a copy of the
"NOV/NOI letter" and response submitted by Mr. Daniel Horton, Jr.
Please contact Melissa Rosebrock in our office at (336) 771-5289 for any additional
information you may need.
Attachments
cc: Winston-Salem Regional Office Facility Files
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
COUNTY OF SURRY
File No. PC-2010-0062
IN THE MATTER OF
MAPLE RIDGE DAIRY, INC. ) FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
FOR VIOLATIONS OF )
CATTLE WASTE MANAGEMENT )
SYSTEM GENERAL PERMIT AWG200000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 ) .
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr.,
Chief of the Aquifer Protection Section, of the Division of Water Quality (DWQ) make the .
following:
I. FINDINGS OF FACT:
A. Maple Ridge Dairy, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Maple Ridge Dairy, Inc. owns and operates Maple Ridge Dairy, a permitted cattle
operation in Surry County.
C. Maple Ridge Dairy, Inc. was issued Certificate of Coverage AWC860010 under
Cattle Waste Management General Permit AWG200000 for the Maple Ridge Dairy
on October 1, 2009 effective upon issuance, with an expiration date of September 30,
2014.
D. Condition No. II.24. of the General Permit AWG200000 requires that all waste
application equipment must be tested and calibrated once in the first two years after
issuance of the Certificate of Coverage and then at least once every two years
thereafter.
E. Condition No. 1II.2. of the General Permit AWG200000 requires that a waste -level
gauge 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.
F. On August 20, 2009 and March 24, 2010, the Division of Water Quality conducted
annual inspections and discovered that the solid spreader had not been calibrated
since 2006.
G. On August 20, 2009 and March 24, 2010 DWQ staff observed that the "Upper"
waste pond did not have a waste -level gauge.
14. The outlet pipe from the "Upper" waste pond does not gravity feed through a free
(lowing transfer pipe into the "New" waste pond." The waste is pumped from the
"Upper" waste pond, onto a concrete containment lane, where it then gravity flows
into the "New" waste pond.
DWQ responded by issuing a Notice of Violation on April 6, 2010. A written
response was not received from Maple Ridge Dairy, Inc.
J. DWQ issued the facility a Notice of Intent to Enforce on June 9, 2010 and was
received by the facility on June 9, 2010. DWQ received a written response to the
NOI from Daniel L. Horton, Jr. on June 21, 2010.
K. The costs to the State of the enforcement procedures in this matter totaled $291.00.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Maple Ridge Dairy, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S.143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to test and calibrate the solid spreader as required violated
Condition No. I1.24. of the General Permit AWG200000.
D. The above -cited failure to maintain a waste -level gauge on the "Upper" waste storage
pond violated Condition No. III.2. of the General Permit AWG200000.
E. Maple Ridge Dairy, Inc. may be assessed civil penalties pursuant to G.S, 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Maple Ridge
Dairy, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S, 14313-282.1(b)(8).
G. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Pact and Conclusions of Law, I make the following:
111. DECISION:
Accordingly, Maple Ridge Dairy, Inc. is hereby assessed a civil penalty of:
$ for violating Condition No. II.24. of the General Permit AWG200000
by failing to test and calibrate the waste application equipment.
for violating Condition No. III.2. of the General Permit AWG200000
by failing to maintain a waste -level gauge on a waste storage pond.
TOTAL CIVIL PENALTY
$ 291.00 ENFORCEMENT COSTS
$ 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. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality
DIVISION OF WATER QUALITY
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Maple Ridge Dairy, Inc. County: Surry
Case Number: PC-2010-0062 Permit Number: AWG200000 / AWC860010
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;
None, that we are aware.
2) The duration and gravity of the violation;
Animal waste records document that the solid waste spreader has not been calibrated since 2006. Maple
Ridge Dairy, Inc. was reminded, in writing, during each of their annual inspections from 2006 to 2010
that another calibration would be/was required in 2008. After DWQ issued an NOI on June 9, 2010, the
facility then submitted the required solid and slurry calibrations for 2010 with their NOI response.
Records also document that the facility was reminded, in writing, during their August 2009 and March
2010 annual inspections to install a marker in the upper waste storage pond. Surry County SWCD
records indicate that Maple Ridge Dairy, Inc. did not contact their office for assistance with setting the
marker until May 7, 2010.
3) The effect on ground or surface water quantity or quality or on air quality;
None, that we are aware.
4) The cost of rectifying the damage;
None.
5) The amount of money saved by noncompliance;
None.
6) Whether the violation was committed willfully or intentionally;
This office believes the failures to "maintain a waste -level gauge and calibrate waste application
equipment' to have been committed willfully and intentionally since the facility knew that these items
needed to be addressed. Our files document that Maple Ridge Dairy, Inc. was previously reminded to
perform the required 2008 calibration during each annual compliance inspection from 2006-2010. The
facility was also reminded during the 2009 and 2010 compliance inspections to re -install a missing
waste -level gauge for the "Upper" waste storage pond.
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
April 2010: NOV-2010-PC-0309 for failing to report inadequate waste level, conduct waste
analysis within 60-days of application, calibrate solid spreader, and maintain a waste -level gauge.
August 2009: PC-2009-0065 Civil Penalty Assessment of $1,454 for failing to maintain waste
level per the CAWMP and failure to report inadequate waste level.
May 2009: NOV-2009-PC-0438 for failing to maintain waste level per the CAWMP and failure
to report inadequate waste level.
September 2007: NOV for failing to maintain required records.
March 2001: NOV for failing to maintain required records.
June 1999: NOV for failing to maintain required records.
October 1997: NOV for non -permitted discharges (two) into waters of the State.
8) The cost to the State of the.enforcement procedures.
$291.00.
lb p a 06 Y. IGw
Dat6 Supervisor N. e
North Carolina
Beverly Eaves Perdue
Governor
Certified Mail 7008 3230 0003 2547 0060
Messrs. Bill and Daniel Horton
Maple Ridge Dairy, Inc.
1174 Pine Ridge Road
Mt. Airy, NC 27030
AM" •
NC®ENR
Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
June 9, 2010
SUBJECT: Notice of Violation I Notice of Intent to Enforce
Case No. NOV-2010-PC-0309 Permit Condition Violations
Facility 86-10, Permit Number AWC860010
Surry County
Dear Messrs. Horton:
Dee Freeman
Secretary
As a result of violations discovered during a compliance inspection conducted March 24, 2010 by the Division of
Water Quality (DWQ), a "Notice of Violation" (NOV) was subsequently issued by the Division on April 6, 2010 to Maple
Ridge Dairy, Inc. The NOV requested that improvements be made to several animal waste management and record
keeping practices. Per the April 6th.NOV, the following violations also required a written response:
"Records indicate that the solid manure spreader has not been calibrated since 2006. A
calibration shall therefore be performed and documented immediately, then submitted to
this office forrevieW."To date, our office has not yet received a copy of the required calibration.
"Our March 24, 2010 inspection documented that the upper waste pond still lacks an
adequate marker as required by the General Permit. A waste level gauge/marker shall,
therefore, be properly installed within 30 days of receipt of this notice." Records indicate that
the Surry County SWCD was not contacted for assistance with correctly installing the marker until
May 7, 2010.
"Failure to obtain approval from the Division prior to the modification of an animal waste
management system is a violation of the General Permit" Installation of the "new" sand
separator constitutes a "major change" to the CAWMP. Therefore, a new CAWMP and certification
of the sand separator by a technical specialist was to have been submitted to DWQ, along with a
request that the Certificate of Coverage (CDC) be amended to reflect this change, within thirty (30)
days of receipt of the April 6, 2010 NOV. Any requests for extension to this 30-day period were to
be submitted to DWQ in writing.
Winston-Salem Regional Office
:a Waughtown Street Winston-Salem. NC 27107 One
Phone: 336-771-50001FAX:336-714631 tCustomer Service: 1-877s23b"r4° NorthCarollna
in:amet mmv=Waterquality.org
Horton NOV-2010-PC-0309
June 9, 2010
Page 2
To date, our office has received no extension or COC amendment requests, no
revised CAWMP, nor has the sand separator design and installation been certified.
Our records also indicate that prior approval of sand -separator was noted during
the August 2009 compliance inspection as well.
This office is considering an enforcement action against Maple Ridge Dairy, Inc. for the above -
referenced violations. If you have justification that these violations were caused by circumstances beyond
your control, or have an explanation that you wish to present, please respond in writing within ten (10)
days following receipt of this notice. Your response should be sent to my attention at the address shown
letterhead.on the h review your
e consideration. if you have any
questonsconcemi gthisRcorrespondence leI
please contact me, or Ms. Melissa R sebrock, at (336) 771-
5000,
Sincerely,
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
cc: APS • Animal Feeding Operations Unit
Surly County SWCDINRCS
Joseph Hudyncia - WSRO DSWC
WSRO APS Files
■ Complete items 1, 2, and 3. Also Complete
Item 4 If Restdcted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the maiipiece,
or on the front if space permits.
1. Article Addressed to:
Messrs. Bill and Daniel Horton
Maple Ridge Dairy, Inc.
1174 Pine Ridge Road
Mt. Airy, NC 27030
&M G.--ab10- 0000fIPLETE THIS (pe
SECTION,
A. III ure
7��,:U.GeJ ❑ A8:
8 Receive�Q9y (Prfn Name) C. Date of 0
D. Is delivery address different from item 19 ❑ Yes
If YES, enter delivery address below: ❑ No
3. ce Type
CZh ed Mail ❑ Express Man
❑ Registered ❑ Rat . Recelpt for Merchandis
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery! (Extra Fee) 13 Yes
7008 3230 0003 2547 0060
PS Form 3811, February 2004 Domestic Return Receipt p �'i ti— 1'D
imao.n+... ....
Maple Ridge Farms, Inc.
1174 Pine Ridge Rd
Mount Airy, NC 27030
(336)786-4533
June 18, 2010
Sherri Knight
NCDENR
585 Waughtown Street
Winston-Salem, NC 27107
a
JUN 2 + ajT
Re: Case # NOV-2010-PC-0309, Facility 86-10, Permit # AWC860010
Dear Ms. Knight:
First of all, the notice of violation was not sent to us via certified mail. It arrived via
regular mail and got mixed in with the large quantities of mail that our business receives
daily. This is a problem since the time we have to take action is limited. We have
always received any communications from you in the past via certified mail and they
have received our prompt attention. The first violation was an over site on our part due to
an early spring and the addition of 200 acres of crop land. We are a family owned and
operated farm and at certain times of the year the work load gets heavier and small details
get left out. I calibrated both spreaders on April 19, 2010 and failed to pass on the
information to Ms. Rosebrock. Enclosed is a copy of the manure spreader calibrations.
We always spread manure at the same speed with the gates all the way open and apply
the same amount, never exceeding the nutrient up take of the preceding crop as records
will show. The second violation was about the marker in the upper pond, the water in
this pond is used by the sand separator via a floating pump and never rises above the
level present during the inspection. Ms. Rosebrock told us an overflow pipe into the
lower pond could be used instead of a marker. I talked to Tony Davis at NRC about it
and failed to follow up with him. The marker has since been re -installed. The final
violation is not our fault. After the fall inspection I contacted Daphne Cartner and she
came to the dairy. She looked over the separator and asked questions. All questions
were answered and she told me she would contact me if she had any more questions.
That was the last I heard from her so I figured it might take time to complete the approval
of the separator. I did not realize that part of my responsibility was to make sure that Ms.
Cartner was doing her job. Lastly none of the violations were in any danger of causing
any environmental harm. Ms. Rosebrock did find problems that could have caused
runoff and those problems were corrected immediately. Thank you for your time and
understanding
Sincerely,
4-4jC ,A4"t:�.
Daniel L. Horton, Jr.
Corporate Secretary
Enclosures
North Carolina
Department of Environment and Natural Resources
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Paul E. Rawls, Chairman
May 20, 2010
Re: Invalidation of Animal Waste Management Certification
Dear MP HarxOtt:
A ���
NCDENR
North Carolina General Statute 90A-47.4 requires Animal Waste Management System Operators to
renew their certifications every year in order to remain certified. To renew a certificate, an animal waste
management system operator must: 1) pay a renewal fee each year by midnight December 31; and
2) complete six hours of approved continuing education training during each three-year period following
initial certification.
According to our records, you did not renew your animal waste management certificate forand your
certification expired effective December 31,Q. Therefore, your animal waste management operator
certification is invalid.
It you did not intend to renew your animal waste management operator certificate or do not wish to get
recertified, you may disregard this letter, and your certificate will remain invalid. If you do wish to become
certified again, you must retake and pass the certification examination. You are not required to retake
the ten-hour initial certification training, although it may behoove you to do so.
PLEASE NOTE: If you are the Operator In Charge (OIC) or Backup OIC for a facility, the
Invalidation of your certificate means you are no longer qualified to act as the OIC or Backup OIC.
If you are the designated OIC, the owner must Immediately designate a properly certified
replacement for you, or the facility will be in violation of Its permit.
Please visit our website for information on exam dates and locations, and for exam applications and OIC
designation forms: hn� //i)ortal.ncdenr.org/web/wq/admin/tacu. If you need additional assistance with
getting recertified, please contact Vicki Alexander at 919-733-0026, extension 308, or
Sherina.Tyler(amcdenr.gov. if you need additional assistance with designating a certified operator, please
contact Gail Winley at 919-733-0026, extension 312, or Gail Winleyarcdenr.gov.
Sincerely,
Jewry F. Rimmer, Supervisor
cc: TA&C files
Water Pollution Control System Operators Certineation Commission N�o"�`thCeroii
1618 Mail Service Center, Raleigh, North Carolina 27699.1618 ,/Vrllurll/%(y
Phone; (919)733-0026 \ Fax: (919)733.1338 \ Internet: http://porial.ncdenr.org/web/wq/admin/tacu
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED 110%POST CONSUMER PAPER
5/2010
Maple Ridge Farms, Inc.
1174 Pine Ridge Rd
Mount Airy, NC 27030
(336)786-4533
June 18, 2010
Sheen Knight
NCDENR
585 Waughtown Street
Winston-Salem, NC 27107
RECEIVED
111
N.C. Dept of ENR
A
JUN 2 12010
i =
Winston-Salem
Regional office i
Re: Case # NOV-2010-PC-0309, Facility 86-10, Permit # AWC860010
Dear Ms. Knight:
First of all, the notice of violation was not sent to us via certified mail. It arrived via
regular mail and got mixed in with the large quantities of mail that our business receives
daily. This is a problem since the time we have to take action is limited. We have
always received any communications from you in the past via certified mail and they
have received our prompt attention. The first violation was an over site on our part due to
an early spring and the addition of 200 acres of crop land. We are a family owned and
operated farm and at certain times of the year the work load gets heavier and small details
get left out. I calibrated both spreaders on April 19, 2010 and fai!--1 to pass on the
information to Ms. Rosebrock. Enclosed is a copy of the manure spreader calibrations.
We always spread manure at the same speed with the gates all the way open and apply
the same amount, never exceeding the nutrient up take of the preceding crop as records
will show. The second violation was about the marker in the upper pond, the water in
this pond is used by the sand separator via a floating pump and never rises above the
level present during the inspection. Ms. Rosebrock told us an overflow pipe into the
lower pond could be used instead of a marker. I talked to Tony Davis at NRC about it
and failed to follow up with him. The marker has since been re -installed. The final
violation is not our fault. After the fall inspection I contacted Daphne Cartner and she
came to the dairy. She looked over the separator and asked questions. All questions
were answered and she told me she would contact me if she had any more questions.
That was the last I heard from her so I figured it might take time to complete the approval
of the separator. I did not realize that part of my responsibility was to make sure that Ms.
Cartner was doing her job. Lastly none of the violations were in any danger of causing
any environmental harm. Ms. Rosebrock did find problems that could have caused
runoff and those problems were corrected immediately. Thank you for your time and
understanding
Sincerely,
j or /7
Daniel L. Horton, Jr.
Corporate Secretary
Enclosures
F
AMA
Z
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
CerBfied Mail 7008 3230 0003 2547 0060
Messrs. Bill and Daniel Horton
Maple Ridge Dairy, Inc.
1174 Pine Ridge Road
Mt. Airy, NC 27030
M
June 9, 2010
SUBJECT: Notice of Violation I Notice of intent to Enforce
Case No. NOV-2010-PC-0309 Permit Condition Violations
Facility 86-10, Permit Number AWC860010
Surry County
Dear Messrs. Horton:
Natural Resources
Dee Freeman
Secretary
As a result of violations discovered during a compliance inspection conducted March 24, 2010 by the Division of
Water Quality (DWQ), a "Notice of Violation" (NOV) was subsequently issued by the Division on April 6, 2010 to Maple
Ridge Dairy, Inc. The NOV requested that improvements be made to several animal waste management and record
keeping practices. Per the April 6th NOV, the following violations also required a written response:
"Records indicate that the solid. manure spreader has not been calibrated since 2006. A
calibration shall therefore be performed and documented immediately, then submitted to
this office for review."To date, our office has not yet received a copy of the required calibration.
"Our March 24, 20f0 inspection documented that the upper waste pond still lacks an
adequate marker as required by the General Permit A waste level gauge/marker shall,
therefore, be properly installed within 30 days of receipt of this notice." Records indicate that
the Suny County SWCD was not contacted for assistance with correctly installing the marker until
May 7, 2010.
"Failure to obtain approval from the Division prior to the modification of an animal waste
management system is a violation of the General Permit" Installation of the anew" sand
separator constitutes a "major change" to the CAWMP. Therefore, a new CAWMP and certification
of the sand separator by a technical specialist was to have been submitted to DWQ, along with a
request that the Certificate of Coverage (COC) be amended to reflect this change, within thirty (30)
days of receipt of the April 6, 2010 NOV. Any requests for extension to this 30-day period were to
be submitted to DWQ in writing.
Winston-Salem Regional Office
585 Waughtown Street Winston-Salem, NC 27107
Phone: 336-771-50001 FAX 336-771-4631 1 Customer Service: 1-877823-6748
lntemet: www.ncwaterquality.org
NorthCarolina
I
Horton NOV-2010-PC-0309
June 9, 2010
Page 2
To date, our office has received no extension or COC amendment requests, no
revised CAWMP,.nor has the sand separator design and installation been certified.
Our records also indicate that prior approval of sand -separator was noted during
the August 2009 compliance inspection as well.
This office is considering an enforcement action against Maple Ridge Dairy, Inc. for the above -
referenced violations. If you have justification that these violations were caused by circumstances beyond
your control, or have an explanation that you wish to present, please respond in writing within ten (10)
days following receipt of this notice. Your response should be sent to my attention at the address shown
on the letterhead. The WSRO will review your response for possible consideration. If you have any
questions concerning this correspondence please contact me, or Ms. Melissa Rosebrock, at (336) 771-
5000.
Sincerely,
Juk''Y. � `? .
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
cc: APS - Animal Feeding Operations Unit
Sony County SWCDINRCS
Joseph Hudyncia — WSRO DSWC
WSRO APS Files
-,X010- ooboc
■ Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front if space permits.
1. Article Addressed to:
Messrs. Bill and Daniel Horton,
Maple Ridge Dairy, Inc.
1174 Pine Ridge Road
Mt. Airy, NC 27030
\ // —.� (❑ Agent
PR (Prin Name) C. Date of Dellvej
D. Is del" address different from item I? ❑Yes
If YES, enter delivery address below: ❑ No ,
19 Certified Mall 0 Express Mail
❑ Registered 0 Return Receipt for. Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ yes
j 7008 3230'10003�2847 0060 T
PS Forth 3811, February 2004 Domestic Return Receipt L_1 U- I -b
102595-02-Wi"
UNITEOSTAT Tj"Ow
a Sender: Please print your name, address, and ZIP+4 In this box 0
Aquifer Protection Section
Department of Environment and Natural Resources
585 Waughtown Street
Winston-Salem, NC 27107-2241
:57 11111 11111 Is 11111111 fill III I Illif III)l I I I I)III Iol"Id"j, oil
Frt/; Ctc tj S lG=p L/ -/ /aAh
CALIBRATING SOLID AN6SEMI-SOLID MANURE SPREADERS USING THE VVEIGliT-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'X12', 10'X70', etc.) of surface area.
a. width Ze X length / -2O = area 3Q60ft,,
2. Start applying manure downrange 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).
b. Forward speed, gear, or
throttle setting
c. PTO speed or setting
d. Spreader gate setting
Trial Trial Trial
/ 5-/-
Wrde one'v
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 1/0 22V Ibs
g. Net weight of manure (f - e) 1! ZO 9 ibs
4. Compute the manure application rate:
h. Area or tarp (a) ;/ _zYV) 1-7
ft2
L Application rate (g + h) 12.5 (
Ibs/ft2
.1- Application rate (i X 43560 + 2000) / 2. 5 Tom/Gc
tons/acre
S. Compute the nutrient application rate:
It. Manure analysis N
Ibs/ton
P20a
Ibs/ton
K20
Its/ton
I. Application rate N
Its/acre
X k) P20a
Its/acre
K20
Ibs/acre
6. If the application rate is rot acceptable, repeat the procedure at different spreader settings, speeds,
or both (Item 2) until the desired application rate is achieved.
Prepared by
I.C. Barker, Biological and Agricultural Engineering Extension Specialist
R.O. Evans, Biological and Agricultural Engineering Extension Specialist
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
Distributed in furtherance or the Acts or Congress of May a and June 30, 1914. Employment and program opportunities am offered to all people
regardless of race, color, national origin, sex, age, or disability. Nosh Carolina State Unkwsity, North Carolina A&T State UnWersity, U.S. Department or
Agriculture, and local governments cooperating.
7/97-2.SM—IMG/KEL AG-553-4
E97-31965
for -foci 419 -10
• y_, 9_;D 6
LOAD -AREA METHOD
SPREADER SYSTEM
CALIBRATING LIQUID MANURE SPREADERS USING THE LOAD -AREA METHOD
1. Determine the capacity of the manure spreader.
a. 25Ilons
2. Spread at least one full bad using the regular spreading patterns of the applicator.
Trial Trial Trial
b. Forward speed, gear, or 1
throttle setting _�
c. PTO speed or setting
d. Spreader gate setting
W ijf O em
3. Measure the area of spread.
e. Spread area width
Jj��j��
�`!
ft
f. Spread area length
ft
g. Spread area (e x f)
3y1
w
h. Spread area (g + 43,560)
i
acre
4. Compute the manure application rate.
i. Number of loads spread
j. Capacity per load (a)
y2 SO
gallons
It. Total manure spread (I X j)
42
gallons
I. Application rate (k + h)
S IN8
gaVacre
5. Compute the nutrient application rate.
m. Manure analysis N
Ibs/1000 gallons
P,Os
Ibs/1000 gallons
K,O
Ibs/1000 gallons
n. Application rate N Ibs/arre
(I X manure PA Ibs/acre
analysis number +
1000) KO Ibs/acre
6. If the application rate is not acceptable, repeat the procedure at different spreader settings, speeds Otero 2),
or both, until the desired application rate is achieved.
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 6, 2010
Messrs. Bill and Daniel Horton
Maple Ridge Dairy, Inc.
1174 Pine Ridge Road
Mt. Airy, NC 27030
SUBJECT: Notice of Violation
NOV-2010-PC-0309 Permit Condition Violations
Facility 86-10, Permit Number AWC860010
Surry County
Dear Messrs. Horton:
is
Natural Resources
Dee Freeman
Secretary
As you are aware, a Compliance Inspection was performed at Maple Ridge Dairy, Inc. by Division of Water
Quality staff on March 24, 2010. A "final" copy of the inspection report is attached for your review: Note especially, the
requested improvements to animal waste management and record keeping that were discussed during the March 24th
inspection. DWQ staff identified several violations that are further described below:
1) Observations confirm that the waste level in the "New Waste Pond" was above the "maximum" liquid
level on March 16, 2010, While non -compliant for only 24-hours, Section III #13 of the permit states
that 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... failure to
maintain storage capacity in a lagoon/storage pond greater than or equal to that required in ... this
General Permit.„ The Division has no record of having received notification. A reminder that the
failure to maintain adequate waste storage is also a violation of Section V #2 of the Cattle Waste
Management System General Permit. Our records indicate that a Civil Penalty assessment was
issued by the Division to Maple Ridge Dairy, Inc. in June 2009 for these same infractions.
2) On -site records indicate that a waste analysis was not obtained within sixty days of the October 26,
2009 applications. The failure to conduct a waste analysis within sixty (60) days (before or
after) the date of application is a violation of the General Permit (Section III #5).
3) Section 11 #24 of the General Permit states that "all waste application equipment must be tested and
calibrated once in the first two years after issuance of the Certificate of Coverage (COC) and then at
least once every two years thereafter." Records indicate that the solid manure spreader has not
been calibrated since 2006. A calibration shall therefore be performed and documented
immediately, then submitted to this office for review.
Winston-Salem Regional Office
585 Waughtown Street Winston-Salem, NC 27107 One
Phone: 336.771.50001 FAX: 336-7714631 1 Customer Service: 1.877-623.6748 le wwweNorthCaroina
An Equal Oppoduolty\Affirnatve Action Employer Nn/ally
Maple Ridge Dairy, Inc.
April 6, 2010
Page 2
4) Permit condition III #2 states that "a waste -level gauge shall be maintained to mark the level of waste
in each waste storage pond that does not gravity feed into a subsequent structure." As noted during
the August 2009 Compliance Inspection, the "Upper Waste Pond" needed to have a marker installed.
Our March 24, 2010 inspection documented that the same structure still lacks an adequate
marker as required by the General Permit. A waste level gauge/marker shall, therefore, be
properly installed within 30 days of receipt of this notice.
5) Staff observed that the "new" sand separator was continuing to operate on -site without having been
approved by DWQ and properly addressed through a Certified Animal Waste Management Plan
(CAWMP). Our records indicate that this was mentioned during the 2009 Compliance Inspection as
well. Failure to obtain approval from the Division prior to any modification to an animal waste
management system is a violation of the General Permit (Section V #8). Inclusion of the sand
separator constitutes a "major change" to the CAWMP. Therefore, the new CAWMP and certification
of the sand separator by a technical specialist shall be submitted to DWQ, along with a request that
the COC be amended to reflect this change, within thirty (30) days of receipt of this letter. Any
requests for extension to this 30-day period must be submitted to DWQ in writing.
Written responses to items #3, #4 and #5 should be sent to my attention at the address contained in the
letterhead. If you have any questions concerning this Notice please contact me, or Ms. Melissa Rosebrock, at (336) 771-
5000.
Sincerely,
��CLLLI.�. 4Lwc k'✓l.
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
Attachment
cc: APS -Animal Feeding Operations Unit
Surry County SWCD/NRCS
WSRO APS Files
Central Office APS File
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Maple Ridge Dairy, Inc.
Maple Ridge Dairy
1174 Pine Ridge Road
Mt. Airy, NC 27030
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
July 12, 2011
RE: Acknowledgment of Receipt of Payment
Case No. PC-2011-0034
Farm # 86-0010
Surry County
Dear Maple Ridge Dairy, Inc:
N'.0 0'., "ENR
JUL 13 2011
whnatonsalem
Regional OHlce
This letter is to acknowledge receipt of your check No. 10838 in the amount of $1118.76 on
July 11, 2011. This payment satisfies in full the civil assessment in the amount of S 1118.76 levied
against Maple Ridge Dairy, Inc and the case has been closed. If you have any questions, please call
me at (919) 715-6937.
Sincerely,
WAJ
Miressa D. Garoma
Animal Feeding Operations Unit
APS Central Files
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard. Raleigh, North Carolina 27604
Phone: 919-733-3221 1 FAX 1: 919-715-0588 =AY, 2: 919-715-60481 Customer Service: 1-877-623-6748
Internet: w .nmateroualitv.orm
ou
NorthCarolina
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Rosebrock, Melissa
From:
Larick, Keith
Sent:
Monday, May 23, 2011 2:04 PM
To:
Garoma, Miressa
Cc:
Rosebrock, Melissa
Subject:
Maple Ridge Dairy case
Miressa,
Daniel Horton with Maple Ridge Dairy just called me to talk about the NOV for waste analysis.
He stated that they now have a procedure in place to make sure the waste analyses are completed on time. They have a
person that vaccinates the cows once per quarter, and that person will now collect the waste samples on that same day.
Please print off this email and place it in the file so that there will be a record of Mr. Horton's call.
Thanks,
Keith
Keith Larick
Animal Feeding Operations Unit Supervisor
Division of Water quality
(919)715-6697
www.ncwaterauality.ore
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
May 12, 2011
185HIL[6]:"�11Ii1T�
To: Keith Larick
From: Sherri Knight tN V
Melissa Rosebrock
Subject: Recommendation for Civil Penalty
Case # PC-2011-0034
Maple Ridge Dairy, Inc., AWC860010
Surry County
On March 15, 2011 staff of the Winston-Salem Regional Office Division of Water
Quality (WSRO-DWQ) visited Maple Ridge Dairy, Inc. to perform an announced compliance
inspection. During the course of our inspection, it was confirmed that a waste analysis had not
been performed within 60 days of the September and October 2010 applications. In fact, a waste
analysis had not been conducted since April 2010.
Our records document several years of non-compliance by Maple Ridge, Dairy, Inc.
dating back to 1997. Violations range from failing to maintain required records to freeboard
violations, to non -permitted discharges. Please find attached, documents supporting the WSRO's
request for a civil penalty assessment against Maple Ridge Dairy, Inc., for failing to conduct the
required waste analysis within the specified time. We request that you initiate appropriate action
from your office and forward the attached package to the Aquifer Protection Section Chief. 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) Most recent correspondence between violator and DWQ, including a copy of the
"NOV/NOI letter." No response was submitted by Maple Ridge Dairy, Inc.
Please contact Melissa Rosebrock in our office at (336) 771-5289 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 SURRY
IN THE MATTER OF )
MAPLE RIDGE DAIRY, INC. )
FOR VIOLATIONS OF )
CATTLE WASTE MANAGEMENT )
SYSTEM GENERAL PERMIT AWG200000 )
PURSUANT TO NORTH CAROLINA )
GENERAL STATUE 143-215.1 )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
File No. PC-2011-0034
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush, Jr.,
Chief of the Aquifer Protection Section, of.the Division of Water Quality (DWQ) make the
following:
I. FINDINGS OF FACT:
A. Maple Ridge Dairy, Inc. is a corporation organized and existing under the laws of the
State of North Carolina.
B. Maple Ridge Dairy, Inc. owns and operates Maple Ridge Dairy, a permitted cattle
operation in Surry County.
C. Maple Ridge Dairy, Inc. was issued Certificate of Coverage AWC860010 under
Cattle Waste Management General Permit AWG200000 for the Maple Ridge Dairy
on October 1, 2009 effective upon issuance, with an expiration date of September 30,
2014.
D. Condition No. III.5 of General Permit AWG200000 requires that a waste analysis be
conducted within sixty (60) days (before or after) of the date of application.
E. On March 15, 2011, DWQ staff conducted an annual inspection and discovered that
a waste analysis had not been performed within sixty days of the September and
October 2010 application events. The most recent waste analysis was dated April
2010.
F. DWQ responded by issuing a Notice of Intent to Enforce on April 15, 2011 which
was received by the facility on April 26, 2011. A written response was not received
from Maple Ridge Dairy, Inc.
G. The costs to the State of the enforcement procedures in this matter totaled $118.76.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Maple Ridge Dairy, Inc. is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure to conduct a waste analysis within sixty days of the
application of animal waste violated Condition No. II1.5. of General Permit
AWG200000.
D. Maple Ridge Dairy, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A(a)(2) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates or fails to act in accordance with the terms, conditions, or requirements of a
permit required by G.S. 143-215.1.
E. The State's enforcement costs in this matter may be assessed against Maple Ridge
Dairy, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to
delegation provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Maple Ridge Dairy, Inc. is hereby assessed a civil penalty of:
$ for violating Condition No. III.5 of General Permit AWG200000 by
failing to conduct a waste analysis within 60 days of application.
$ TOTAL CIVIL PENALTY
$ 118.76 ENFORCEMENT COSTS
$ 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. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) Theodore L. Bush, Jr. Chief
Aquifer Protection Section
Division of Water Quality
Violator:
County:
Permit Number:
1)
2)
3)
4)
NORTH CAROLINA DIVISION OF WATER QUALITY
Sorry Case Number: PC-2011-0034
AWC860010
ASSESSMENT FACTORS
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;
This is a large dairy, permitted for 540 milking cows and 600 confined heifers. Together, the
animals on this farm produce almost 6.7 million gallons of waste each year. Per on site
records, this facility typically land -applies the majority of their animal waste twice a year.
Between 2008 and 2010, the nitrogen content of the slurry waste ranged from 2.9 — 5.4 lbs.
N/1000 gal while the liquid waste varied greatly; from 2.5 — 9.9 lbs. N/1000 gal.
Since the facility often uses analyses that are up to a year old (see #6 below), it's quite
possible that the amount of nitrogen applied to the receiving crop was up to four times the
allowable Plant Available Nitrogen (PAN) rate. An over application of nitrogen could easily
result in run-off of excess nutrients into surface waters located down slope.
The duration and gravity of the violation;
The application events in question occurred during September and October 2010. The most
recent waste analysis had been performed in April of 2010. To date, there has been no waste
analysis result posted on the NCDA website for this farm or its operators since April 2010.
The facility was also given at least three week's notice regarding the April 2011 compliance
inspection, yet no attempt was made to obtain a more recent waste analysis.
The effect on ground or surface water quantity or quality or on air quality;
No documented effects.
The cost of rectifying the damage;
The violation cannot be rectified at this point since the 60-day application period is passed.
However, for $5.00-$10.00, plus shipping, the permittee could be in compliance with the
Spring 2011 application events.
5) The amount of money saved by noncompliance;
The permittee saved less than $15.00 which would have been the cost of the waste sample(s)
plus postage.
6) Whether the violation was committed willfully or intentionally;
This office must assume that the violation was committed intentionally. Four previous Notice
of Violations (NOV) were issued for failure to obtain a waste analysis within 60 days of
application (April 2010, September 2007, March 2001 and -June 1999). In these instances, the
required waste analysis was not obtained within several weeks or even months of application
events.
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
August 2010: PC-2010-0062 Civil Penalty Assessment of $2,691for failing to calibrate the waste
application equipment and maintain a waste -level gauge on a waste storage pond.
April 2010: NOV for failing to report inadequate waste level, conduct waste analysis within 60-
days of application, calibrate solid spreader, and maintain a waste -level gauge.
August 2009: PC-2009-0065 Civil Penalty Assessment of $1,454 for failing to maintain waste
level per the CAWMP and failure to report inadequate waste level.
May 2009: NOV for failing to maintain waste level per the CAWMP and failure to report
inadequate waste level.
September 2007: NOV for failing to maintain required records.
March 2001: NOV for failing to maintain required records.
June 1999: NOV for failing to maintain required records.
October 1997: NOV for non -permitted discharges (two) into waters of the State.
8) The cost to the State of the enforcement procedures.
$118.76
Date Theodore L. Bush, Jr.
NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue- Colleen H. Sullins
Governor Director
April 15, 2011
certified Mail 70081300 0001 1938 6779
Mr. Daniel Horton
Maple Ridge Dairy, Inc.
1174 Pine Ridge Road
Mt. Airy, NC 27030
SUBJECT: Notice of Violation I Notice of Intent to Enforce
NOV-2011-PC-0280 Permit Condition Violation
Facility 86-10, Permit Number AWC860010
Surry County
Dear Mr. Horton:
Dee Freeman
Secretary
As you are aware, a Compliance Inspection was performed at Maple Ridge Dairy, Inc. by Division of Water Quality
staff on March 15, 2011. A "final" copy of the inspection report is attached for your review. Please examine, in particular,
concerns related to animal waste containment and exclusion (questions #3 and #9) as well as continued record keeping
deficiencies.
Specifically, a review of the on -site animal waste management records indicates that a waste analysis was not
obtained within sixty days of the September and October 2010 waste applications onto small grain. In fact, it had been
approximately a year since the last waste analysis had been obtained. The failure to conduct a waste analysis within
sixty (60) days (before or after) the date of application is a violation of the General Permit (Section III #5). Our
records indicate that you were notified of the same type of violation through NOVs (Notice of Violations) in 2010, 2007,
2000, and 1999.
This office is considering an enforcement action against Maple Ridge Dairy, Inc. for the above -referenced
violation. If you have justification that this violation was caused by circumstances beyond your control, or have an
explanation that you wish to present, please respond in writing within ten (10) days following receipt of this Notice. Your
response should be sent to my attention at the address shown on the letterhead. The Winston-Salem Regional Office will
review your response for possible consideration. If you have any questions concerning this correspondence please
contact me, or Ms. Melissa Rosebrock, at (336) 771-5000.
Sincerely,
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
cc: APS- Animal FeedingOperatlonsUnit
Sumy County SWCDINRCS
Joseph Hudyncia -,WSRO DSWC
WSRO APS File 1:' `
Winston-Salem Regional Once
585 Waughtown Street Winston-Salem, NC 27107
Phone: 336-771-50001 FAX: 336-7714631 1 Customer Service: 1-677.623-6748
Internet: www.ncwaterquality.org
An Equal Opporlunily I Afirtnalive Action Employer
One NhCarolina
Nahmally
NCDE R
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue -------
Governor
Certified Mail 7008 1300 0001 1938 6779
Mr. Daniel Horton
Maple Ridge Dairy, Inc
1174 Pine Ridge Road
Mt. Airy, NC 27030
Coleen H. Sullins
Director
April 15, 2011
SUBJECT: Notice of Violation I Notice of Intent to Enforce
NOV-201 1 -PC-0280 Permit Condition Violation
[Facility 86-10, Permit Number_AWC860010-D
Surry County
Dear Mr. Horton:
Natural Resources
Dee Freeman—
Secretary
As you are aware, a Compliance Inspection was performed at Maple Ridge Dairy, Inc. by Division of Water Quality
staff on March 15, 2011. A "final' copy of the inspection report is attached for your review. Please examine, in particular,
concerns related to animal waste containment and exclusion (questions #3 and #9) as well as continued record keeping
deficiencies.
Specifically, a review of the on -site animal waste management records indicates that a waste analysis was not
obtained within sixty days of the September and October 2010 waste applications onto small grain. In fact, it had been
approximately a year since the last waste analysis had been obtained. The failure to conduct a waste analysis within
sixty (60) days (before or after) the date of application is a violation of the General Permit (Section III #5). Our
records indicate that you were notified of the same type of violation through NOVs (Notice of Violations) in 2010, 2007,
2000, and 1999.
This office is considering an enforcement action against Maple Ridge Dairy, Inc. for the above -referenced
violation. If you have justification that this violation was caused by circumstances beyond your control, or have an
explanation that you wish to present, please respond in writing within ten (10) days following receipt of this Notice. Your
response should be sent to my attention at the address shown on the letterhead. The Winston-Salem Regional Office will
review your response for possible consideration. If you have any questions concerning this correspondence please
contact me, or Ms. Melissa Rosebrock, at (336) 771-5000.
Sincerely,
IAIIVILY_
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
cc: APS - Animal Feeding Operations Unit
Surry County SWCDINRCS
Joseph Hudyncia —WSRO DSWC
WSRO APS File
Winston-Salem Regional Office
585 Waughtown Street Winston-Salem, NC 27107
_
One
Phone: 336-771-50001 FAX: 336-771 A631 1 Customer Service:
1-877-623.6748
NorthCarolliina
Internet: www.ncwatemuality.org
An Equal Opportunity lAffrmalive Action Employer
V
Naturally
y
UNRED STATES
PIEDMONT,
• Sender: Please print your name, address, and ZIP+4 in this box
Aquifer Protection Section
Department of Environment and Natural Resources I
1 585 Waughtown Street
Winston-Salem, NC 27107-2241
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the maflpiece,
or on the from if space permits.
1. Article Addressed to:
Mr. Daniel Horton
Maple Ridge Dairy, Inc.
1174 Pine Ridge Road
Mt. Airy, NC 27030
I
NOV- VLol I- PC- 0ag0
2, n i 7008 1300i!0001 193f
A n;��
X ❑ n9ert
❑ Addressee
B. ReceNed by (Panted Name) e of Delivery C. Dat
D. Is delivery address different from item 1? E3 Yes
If YES, enter delivery address below: ❑ No
&Oe-r ��- ���� -00,�{
3. SyAce Type
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Ps Form 3811, February 2004, Domestic Return Receipt