450007_PC-2021-0032 Summary & Recommendation_20220303

DocuSign Envelope ID:8CO2F813-9FBB-48AA-95EC-06E1CAC69D47
Remission Request Summary and Recommendation
To:
From:
Reviewed by:
S. Daniel Smith
Landon Davidson
Jeff Poupart
WQP Section Chief (initials)
5;e
Assessed Party: Michael R. Com
Case No.: PC-2021-0032
Case Background and Assessment
Date: 1/10/2022 Region: ARO
Date: 2/23/2022
County: Henderson
Permit No: NCA345007
September 15,
2017
December 3, 2020
January 22, 2021
DWR issued COC No. NCA345007 to Michael R. Com for Small Acres Dairy.
On December 3, 2020, Division staff conducted a routine compliance inspection of the
Small Acres Dairy facility. During this inspection the Permittee, Michael R. Corn, was
unable to provide calibration records for the facility's on -site irrigation equipment. Later,
on December 18, 2020, the Division sent a Compliance Inspection Report by mail to
Michael R. Corn which called to attention the record keeping requirements established by
the Cattle Waste Management System NPDES General Permit, and requested that
complete facility records, including calibration records, be provided to the Division by
December 31, 2020. The requested facility records were not provided to the Division by
December 31, 2020, and have yet to be received by the Division.
On January 22, 2021, The Division issued a Notice of Violation with Notice of Intent to
Enforce (NOV/NOI) through the civil penalty assessment process to Michael R. Corn
identifying violations of NCGS 143-215 et seq., Section 402 of the Clean Water Act, and
the NPDES General Permit NCA300000. The NOV/NOI was sent via certified mail,
return receipt requested, and was received on February 3, 2021.
September 15, Michael R. Corn was assessed a civil penalty of $5050.38 ($4750.00 civil penalty plus
2021 $300.38 investigative costs):
• $1500.00 for violation of Condition IIL4 of the NPDES General Permit NCA300000
for the land application of waste in an area not specified by the CAWMP..
• $1500 for violation of Condition IV.12 of the NPDES General Permit NCA300000 for
failure to provide records indicating waste application equipment is calibrated at least
once per year.
• $1000.00 for violation of Condition IV.13 of the NPDES General Permit NCA300000
for failure to provide animal stocking records.
• $750.00 for violation of Condition IV.7 of the NPDES General Permit NCA300000
for failure to provide record of a Standard Soil Fertility Analysis.
October 13, 2021 Green card indicated delivery of the assessment document.
Remission Request (Summary)
November 8, 2021 Remission request signed
November 15, 2021 Remission request received
rev 1.0 - 8.31.09

DocuSign Envelope ID:8CO2F813-9FBB-48AA-95EC-06E1CAC69D47
Summary: The permittee did not dispute the findings of the violation. This property is not in my plan. It is owned
by my siblings and myself on the farm owned by our grandparents. This property is in a fescue sod and has been
for more than 30 years.
Enforcement History
A database and file review indicates that the facility does have a violation history. One such previous violation
included a discharge of waste into surface waters of the state. The violations on record for the past 5 years for this
facility include: NOV-2016-DV-0296, NOV-2017-PC-0300, and NOV-2018-PC-0307.
Remission Recommendation from Regional Office and Central Office
• DWR Asheville Regional Office Recommendation (Check One)
Request Denied ❑
Full Remission n Retain Enforcement Costs? Yes n No n
Partial Remission ®$1000.00 (enter amount to remit)
Comment:
Regarding animal stocking, permit holder thought he provided the correct information. In the past the
permittee provided his Dairy Herd Inventory (DHI) record and has been notified to fill out the Average Stocking
and Mortality form in the future. The violator has been assessed civil penalties within the last five years including
OV-2016-0002
• DWR Central Office Recommendation (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ® $1000.00 (enter amount to remit)
Comment: