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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). EXPLANATION: .= Qm w�:4,�,y 6 (zWk-, n td-e p Ic-&e (hay 09 r ew l l-�no " n Call : ^5 -6 ! eVV 4 I WO -Vinp 4�)r r�>i p( mcvlcu fc,tA in Haweuer eve4"5 � i&D�c Z. .. T ce>" v\� �t, (Dvncl wo5 � , 15(.0 �,ne 6i eJ I is 'n)L6 S". l only op4,.40 rtt Lre fhe Ouel +he rtiu d- , vein tacl j We fec,C"kA OUtr W ere � O CID no�k,'nS CVL 9\fe( n his p D 41 aM f;v')j ON � apa � „a , un �� �✓Jrn pti rt� �� r , ��� a�ro d v' G aaJ P jo L'r)5 4:3)j aIJ-` C 9'rfn Aq -C.)tv(T sfr?"j ?li "i JSv��/JS �va4��StJ act 1lroclnf f lr� � 1 I n0(1 J p Sv,►�r,�� [»fit 7J � {1c)M -��"�"JaM aU�� 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 1ltMI1711lf A, `n,W (mnnnunity i A[tmn Fm Nnver 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 01 Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes Ps Form 3811, February 2004, Domestic Return Receipt