820695_NOV-2023-PC-0396_20230811

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 11, 2023
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7022 0410 0000 2466 1861
Greenwood Livestock LLC
PO Box 2107
Elizabethtown NC 28337
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2023-PC-0396
Greenwood Nurseries Facility Number 82-695
Permit AWS820695
Sampson County
Dear Greenwood Livestock, LLC,
On July 12, 2023, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Greenwood Nurseries Farm and the permitted waste disposal system. We wish to thank Mr.
Curtis Barwick for his assistance during this inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304,
you have been found to be in violation of your permit as follows:
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
oan caaouNn
Fayetteville Regional Office 1225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-5043
M910.433.3300
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Page 2
Greenwood Livestock LLC
August 11, 2023
Violation 1
Failure to maintain the maximum waste level in lagoons/storage ponds that shall not exceed that specified
in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an
additional one (1) foot of structural freeboard except that there shall be no violation of this condition if:
a. there is a storm event more severe than a 25-year, 24-hour event;
b. the Permittee is in compliance with its CAWMP and
c. there is at least one (1) foot of structural freeboard. — [I SA NCAC 02T .1304(b)].
(Permit No. AWGI00000 Section V2)
On July 12, 2023 during an inspection site visit, DWR staff observed the lagoon level at Lagoon 1 to be at
25 inches and the allowable freeboard according to the lagoon design is 31.2 inches. All waste from
lagoons one (1) through five (5) in transferred to lagoon 6 from which all waste application is conducted.
Lagoon one previously had an automatic float that would transfer waste back to lagoon 6 but the float was
not properly working. The farm says they will add a new automatic transfer float. On July 13, 2023 DWR
staff whet back on site and documented with pictures that Lagoon 1 was now at 23 inches. The rainfall
records are documented on a spreadsheet and were labeled on July 10, 2023 as a non -compliant lagoon
level of 30 inches.
Required Corrective Action for Violation 1:
If you have not done so, transfer waste to lagoon 6 to get your Lagoon 1 at a compliant level. Fix your
automatic float system so Lagoon 1 can properly transfer waste to lagoon 6. Your OIC and farm workers
should check lagoon levels and all be aware of the lagoon design and know when to properly transfer
waste in a timely manner to keep the lagoons in compliance.
Violation 2:
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 occurrence of any of the
following events:
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 2. of this General Permit. (Permit AWG No.100000 Section 17 e).
REQ� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
n_o cnaoun,n 910-433-3300
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Page 3
Greenwood Livestock, LLC
August 11, 2023
On July 12, 2023, during the site visit, DWR staff were not made aware that the lagoon was not in
compliance with the CAWMP prior to the visit. During records review by another DWR staff member it
was noted that lagoon one (1) was out of compliance with the CAWMP. When the two staff members
completed the inspection the next morning, they contacted Mr. Barwick and told him about the non-
compliant lagoon level, in addition they went back to the farm to confirm that they had read the marker
correctly and it was now at 23 inches.
Required Corrective Action for Violation 2:
In the future, report your non complaint lagoon within 24 hours.
Make sure the OIC reads and understands the lagoon design and trains all employees how to read the
marker and when to report a violation to the OIC.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (30 days after receipt of letter):
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these violations
from occurring in the future.
You are required to take any necessary action to correct the above violations on or before
August 20, 2023 and to provide a written response to this notice 30 day after receipt of
letter. Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a
recommendation for a civil penalty assessment to the Director of the Division. If you
wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered,
please send such information to me in writing within ten (10) days following receipt
of this letter. Your response will be reviewed, and, if an enforcement action is still
deemed appropriate, it will be forwarded to the Director and included for
consideration.
REQ� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
n—o cnaoun,n 910-433-3300
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Greenwood Livestock, LLC
August 11, 2023
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty assessment
of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with the terms, conditions, or requirements of a permit under authority
of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Katie Fontenot [phone]
or me at [phone].
Sincerely,
DocuSignedd by, _
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5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche-82-695
REQ� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
n_o cnaoun,n 910-433-3300
oeo+ro�.m m emro���w n�sim