820014_DV-2020-0162 Remission (Request)_20220324

Date: March 18, 2022
To: Miressa D. Garoma
Animal Feeding Operations Program
Div. Of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
RECEIVED
WAR24202.
tic DEOPNR
Central t"
From: Michele T Grady (owner)
Benjamin Lewis Grady Jr (co-owner & OIC)
Pine Ridge Farm #2 @ 3521 Pine Ridge Rd. Turkey, NC 28393
PO Box 428
Faison NC 28341
Subject: Written request for remission of assessment of civil penalties
Farm # 820014
Permit # AWS820014
Sampson County
Enforcement file No DV-2020-0162
Case # DV-2020-0162
Detailed explanations that apply to this case.
(b) Upon knowledge of the accidental occurrence which happened on Sept. 14,
2020, we immediately went into action to contain waste water. We got equipment
into place to haul dirt in by the truck loads. We used a tractor & loader to pile up
the dirt at the place of runoff to prevent any further runoff. Waste water that was
ponded was recovered. Later, we asked someone from the Sampson Co Soil &
Water Conservation to come to this farm and guide us with erosion & problem
areas. Mr. Gavin Thompson with this service dept came to the farm and made
some recommendations.

We have made some improvements to prevent future occurrences. We more
frequently work the spray fields with a tractor & ripper/aerator to aid with the
absorption of wastewaters. We also purchased a new irrigation reel system to
minimize mechanical failures. We monitor our older equipment more closely & do
better maintenance. As suggested by Mr. Gavin Thompson with the Sampson Co.
Soil & Water Conservation Service, we have built a berm back behind the lagoon &
spray field, where the accident occurred. A release valve & pipe for rainwater has
also been installed at the berm. This berm will be extremely beneficial to help
prevent a runoff at this farm. Also, we put a new timer on the pump so it will shut
off in a timely manner. To ensure that there is absolutely no confusion in the
responsibility of application inspections, we have designated a specific employee.
Under the supervision of our OIC (Lewis Grady) he has been instructed to inspect
the application equipment, spray fields, all drain outlets, ditches, & drainage ways.
Inspections shall be close visual observances. He must go into the field & inspect
everything to make sure there is no ponding, nor runoff& the equipment is working
properly.
(c) The incident that happened on Sept. 14, 2020 was caused by accidental
mechanical failure & human failure. Also there had been excessive rainfall at that
time. The cows had packed the spray field. This resulted in the land not being able
to absorb the waste water easier & it ponded & caused a quicker runoff. As stated
before, we work the spray fields more often to prevent these problems.
Sometimes, even with the most efforts put forth, there stands a chance of an
accident. With that being said, that is the reasons for more preventive measures &
timely observations as stated above.
(d) We have owned & operated 6 large swine facilities & 1 small swine (nursery)
facility for over 25 years. We have never been assessed with civil penalties. We
have always tried to do our very best to comply with rules & regulations. Along with
a farming operation, big herd of cattle, and 12 chicken houses, we stay quite busy.
We are fully aware of the importance of taking care of land and animals. We are

proud of our good records of being good stewards of our environment. After all,
this is our livelihood and we do everything possible not to cause damages.
Pictures of the constructed berm included and the estimated cost. Also, a copy of
the receipt for the purchase of the new irrigation equipment and a copy of the first
letter of response .

Under the circumstances of this incident and to the fact that this is the first time
that we have had a penalty, I am pleading with you to consider a reduction of the
civil penalties. The cost of operating businesses now is astronomical. Please take
in consideration also that we immediately went into action to correct all the
accidental errors that occurred on Sept. 14, the next day and days that followed.
We did everything that the inspector required us to do.
Me & my son, Lewis Grady have been very upset that this accident occurred on
our hog farm. We are farmers from a long-time past generation of farmers. We
have worked our entire adult lives to take care of the land that we have inherited
& the land that we have purchased with a lot of sweat, tears, anxiety, & sleepless
nights. We take pride in doing what we do for 7 days a week. We always try to be
the best stewards of the environment. We certainly don't want to tarnish our
reputation as farmers & land owners. We hate that this incident happened on the
farm & we are deeply sorry. It has been quite an emotional, physical & costly, but
valuable lesson learned.
As a note, we had a compliance inspection on Pine Ridge Farm #2 on 10/6/21. It
resulted with a very good review. All our 2021 inspections on the other facilities
got good reviews also. Thank you for your time.
Respectfully,
• Le

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2020-0162
Assessed Party: Michele T. Grady
Permit No.: AWS820014
County: Sampson
Amount assessed: $ 8,198.22
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver ofRight to an Administrative Hearin, 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 determining 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. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted 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 NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or 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
t / 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:
J/e e q ifhach nne-n1
\Rem. req.
RECEIVED
MAR 2 4 2022
NC DEQIDWR
Central Office

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MICHELE T. GRADY
PERMIT NO. AWS820014
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2020-0162
Having been assessed civil penalties totaling $8,198.22 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated February 18, 2022, the
undersigned, desiring to seek remission of the civil penalty, 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
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the
day of rn p R i-' , 2022
Signature
ADDRESS
FQ
ca$3Y1
TELEPHONE

Estimated cost to build the berm @ Pine Ridge Farm # 2 with
using our own equipment& employees.
6 loads of dirt (clay) hauled in by a dump truck @ $200 per load ---- $ 1200
Trackhoe excavator used for 10 hours @ $150 per hour ---- $ 1500
2 employees (labor)- 20 hours @ $15 per hour ---- $ 300
Materials for pipe & release valve ---- $ 100
Total $ 3100

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JOHN DEERE
PO# 07685121
Purchase Order for PO Revision# Original
John Deere Equipment (U.S. Only)
PURCHASER'S NAME -First Signer{First, Middle Initial, Last)
LEWIS GRADY FARMING
(SECOND LINE OF OWNER NAME)
STREET OR RR
DATE OF ORDER
Feb 19, 2021
DEALER ORDER NO.
COMPANY UNIT DEALER ACCOUNT NO.
r01 019689
579 WARREN RD
TOWN
FAISON
SOC.SEC. [IRS NO.
EIN.NO.
STATE
NC
ZIP CODE
28341
COUNTY
Duplin
PURCHASER ACCT.
PHONE NO.
910-267-4481
TRANSACTION TYPE
Cash Sate
PURCHASER SALES TAX EXEMPT
REWARDS #
988469094
E-MAIL ADDRESS
[e-mail]
SELLER'S NAME R ADDRESS
Quality Equipment, LLC
655 Pugh Road •
Clinton, NC 28328
9105925550
PURCHASER'S NAME - Second Signer
STREET OR RR
TOWN 'STATE ZIP CODE
REWARDS #
I (We), the undersigned, hereby order from Deafer the Equipment described below, to be
delivered as shown below. This order is subject to Dealer's ability to obtain such Equipmenr
from the manufacturer and Dealer shall be under no liability if delivery of the Equipment is,
delayed or prevented due to labor disturbances, transportation difficulties, or for any reason
beyond Dealer's control The price shown below is subject to Dealer's receipt of the Equipmrni
prior to any change In price by the manufacturer. It is also subject to any new or increased'
taxes imposed upon the sale of the Equipment after the date of this order.
Use County Use StatelProvince
DUPLIN NC
t NOTICE: r. quipment may ba equipped with telernatics hardware and software ('Telematics") that transmit data to John Deere. Purchaser may deactivate
Telematics by contacting the JDUnk Global Support group at 1-800-251-9928 or via email at [e-mail].
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Equipment & Value Added Service of IDENTIFICATION
(Give Model, Size & Description) Use NUMBER
2020 ABI GX100/1150 Stock # 434663 0 5812183
I (We) offer to sell, transfer, and convey the following item(s) at or prior to the time of delivery of th•
above Equipment, as a "trade-in" to be applied against the cash price. Such item(s) shall be free and
clear of all security agreements, liens, and encumbrances at the time of transfer to you. The following
is a description and the price to be allowed for each item. TOTAL CASH PRICE
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9 Farm 15 Row Crop/Small Grain
COMMENTS:
Hours PRODUCT
of Use IDENTIFICATION NUMBER
DELIVERED
CASH PRICE
(Or Total Lease
Payments)
$ 27,500
$ 27,500
AMOUNT
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TOTAL TRADE-IN ALLOWANCE
$0
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1. TOTAL CASH -PRICE
$ 27,500
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2. TOTAL TRADE-IN ALLOWANCE
$a
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3. TOTAL TRADE-IN PAY-OFF
$o
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4. BALANCE
$ 27,500
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8. EST. SERVICE AGREEMENT
TAXES
$0
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9. SUB -TOTAL
$ 27,500
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10. CASH WITH ORDER
$0
00
11. RENTAL APPLIED
$0
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12. CASH DISCOUNT
13, BALANCE DUE
$0
$ 27,500
00
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IMPORTANT WARRANTY NOTICE:The John Deere warranty applicable to new John Deere Equipment is printed and included with this document. There is no
warranty on used equipment. The new equipment warranty is part of this contract. Please read it carefully.YOUR RIGHTS AND REMEDIES PERTAINING TO
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NOTICE: Use of John Deere Services, if applicable, and all rights and obligations of John Deere and the Customer (as identified in the applicable agreement), are
governed by the terms and conditions outlined in the applicable Services and Software agreements available at www.JohnDeere.comlAgreements If these
terms and conditions are not agreeable do not use the Services.
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Board. In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated tumover requirements to reduce emissions of air
pollutants.
ACKNOWLEDGEMENTS- I (We) promise to pay the Balance Due (line13) shown above in cash, or to execute a Time Sale Agreement (Retail InstallmentContract),
or a Loan Agreement, for the purchase price of the Equipment, plus additional charges shown thereon or execute a Lease Agreement, on or before delivery of the
Equipment ordered herein. Despite physical delivery of the Equipment,title shall remain in the seller unfit one of the foregoing is accomplished.
USE OF INFORMATION/PRIVACY NOTICE I understand that Deere & Company and its affiliates ("John Deere") and Dealer collect information, including my
personal information and machine data to provide warranty, customer service, product and customer support, marketing and promotional information about
Dealer, John Deere and their equipment, products and services and to support other business processes and purposes. See the John Deere Privacy Statement
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Paae 1 of 2

0 f 1 /L e ( iv Re r�r+
Date: Oct. 9, 2020
To: J Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Quality
From: Pine Ridge Farm # 2 located @ 3521 Pine Ridge Rd. Turkey, NC 28393
Michele T. Grady
Lewis Grady - OTC
PO Box 428
Faison, NC 28341
We are replying to your letter dated 9/29/2020 which we received by mail on 10/2/2020. In regards to the
recommendations for enforcement actions that you are considering against Pine Ridge Farm #2
Facility#82-14 located in Sampson county. We will address the issues as stated.
Our response for the 4 violations are as follows:
These violations occurred due to two main accidental factors. The chain on the reel broke causing the gun to stop
moving. The second reel had a belt to jump off the pulley which we determined was
due to trash build up in the turbine and it stopped moving also. Unfortunately in addition to the mechanical errors, the
ground in this area was really hard & packed to the cows and also excessive
rainfall causing more of a runoff.
Dirt was hauled in as quickly as possible to prevent further runoff. All waste that was ponded was recovered as quickly as
possible and retumed to the lagoon. We have worked on this pasture land
since the accidental runoff by running a ripper over it which will aid in the absorption of waste water. We have also
contacted the Soil and Water Conservation in Sampson County for help with
suggestions on this spray field to help prevent future problems in the event of other mechanical errors.
All of the pit boxes have been repaired and all waste was recovered back to the treatment system. Employees at all our
facilities have been instructed to report any and all future leaks immediately to us.
All equipment has been repaired, serviced and inspected and will continue to be an important process.
As the OIC, Lewis Grady, I understand more than ever the importance of spray fields and application equipment and my
responsibilities. I have emphasized to my employees under my supervision
who help me whenever I am not present the upmost importance to immediately contact me of all problems.
We have owned and operated hog farms for over 25 years. We take care of seven facilities and maintain nine lagoons in
Sampson and Duplin county. In all these years, we have not had a violation.
We are not perfect but we do take pride in our operations. We feel this was a series of unfortunate events that led to the
violations and in no way is a reflection on how we operate. We assure you
that we will continue to do all in our human power in the future to ensure that our equipment and spraying is done is a
safe way for the environment, communities and neighbors. I appreciate you
reviewing this and with taking all factors into consideration changing this Notice of Violation to a Notice of Deficiency
because it could continue to be on record as long as the farm is in operation.
Respectfully submitted:
Michele Grady and Lewis Grady