Ponderosa Dairy Appeal
Water Pollution Control Permit No. NV0023027
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 The Ponderosa Appeal has been continued. The appeal is now tentatively scheduled for the December 2009/January 2010 time frame. For more information you can listen to the Audio Files of the July 9, 2009 hearing.
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 Appeal Schedule
The State Environmental Commission (SEC) held an appeal for the Ponderosa Dairy on Thursday, July 9, 2009 at 9:00 am at the Nevada Department of Wildlife's Conference Room A, 1100 Valley Road, Reno, Nevada. The appeal hearing was discontinued and postponed. Further information and background are presented below.
About The Appeal
In May 2007, the Nevada Division of Environmental Protection's (NDEP) Bureau of Water Pollution Control issued a public notice and fact sheet for the renewal of Rockview Farms' [Ponderosa Dairy] Water Pollution Control Permit #NV0023027. The public notice and fact sheet contained a detailed description of the entire Ponderosa Dairy facility.
In brief, the dairy proposed to expand its operations, which are located at G Ranch and Mecca Roads in Amargosa Valley, Nye County, Nevada [See Interactive Google Map]. The permit [which has been granted] increased the allowable flow of water from 0.625 million gallons per day (MGD) to 1.000 MGD. With over 9,000 cows, the dairy is defined as a concentrated animal feeding operation (CAFO). As a CAFO, the dairy is required to contain all manure and process wastewater from the production area except overflow resulting from a storm greater than the 25-year, 24-hour event. The land application of manure and process wastewater is also required to be in compliance with NDEP's approved nutrient management plan. The receiving waters of concern are groundwater via percolation of irrigation flows, and the Amargosa River via stormwater overflow.
The notice and fact sheet described NDEP's basis for the permit, the public comment process, as well as NDEP's tentative determination for renewing of the permit for an additional five-year period. NDEP's decision to renew the Ponderosa Permit was issued on October 25, 2007. That [final] decision was subsequently appealed to the State Environmental Commission on November 03, 2007 by John F. Bosta and Antonio Guerra Martinez. Following these appeals Ponderosa Dairy formally requested to intervene in the appeal proceeding.
Following these actions, on February 13, 2009 Mr. John Marshall on behalf of a non-profit organization know as ACE (Amargosa Citizens for the Environment), filed a “Request to Intervene” in the above referenced appeal. This action was then followed by an “Opposition to Petition [by ACE] for Leave to Intervene” filed by the attorneys representing Ponderosa Dairy.
On March 17, 2009 the SEC issued a notice for a preliminary hearing to consider intervener status for both Rockview Farms and Amargosa Citizens for the Environment. The audio recording of the March 31st hearing is posted below. At the hearing the SEC's appeals panel approved intervener status for both parties noted above. A copy of the order dated April 27, 2009 "Order Regarding Petitions to Intervene..." is also posted below.
On July 09, 2009 the SEC conducted a second appeal hearing, however for "process related" legal reasons this hearing was discontinued and postponed for late September 2009. The audio file of the July 09, 2009 hearing is posted below.
All of the relevant documents discussed here are available below.
Ponderosa Dairy Appeal Documents
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June 26, 2009 — 
