820695_NOV-2023-PC-0396_20230828

GREENWOOD LIVESTOCK, LLC
POST OFFICE BOX 2107
ELIZABETHTOWN, NC 20337
August 28, 2023
Mr. Trent Allen
Regional Supervisor
North Carolina Division of Water Resources
Water Quality Regional Operations Section
225 Green St, Suite 714
Fayetteville, NC 28301
Dear Mr. Allen,
In response to your Notice of Violation/Notice of Intent (NOV-2023-PC-0396) of August 11, 2023, for Greenwood
Nurseries (82-695) 1 submit the following:
Violation 1: Failure to maintain the maximum waste level in lagoons that shall not exceed that specified in the
CAWMP. At a minimum, maximum waste level for lagoons must not exceed the level that provides adequate storage
to contain the 25-year, 24-hour storm event plus an additional 1 foot of structural freeboard.
On July 12, 2023, the freeboard in lagoon 1 was 25" and the allowable freeboard is 31.2". This design freeboard level
is due to the fact that a second 25-year, 24-hour storm event was included in the lagoon. While we were above the
designed freeboard, we still had ample storage for a 25-year, 24-hour storm and the required 1' of structural
freeboard as is referenced in your NOV and the permit. On Monday July 10t', the freeboard was read at 30' and
called into our office staff. I saw the level on July 1101 and assumed farm staff would transfer waste from lagoon 1 to
lagoon 6, which is the way the farm is designed to operate. To further complicate issues, waste from house 6 flows to
the lagoon for house 1 and is then pumped to the lagoon at house 6 which handles all waste from the farm to also
include lagoons 2-5. At the time of the inspection, all other lagoons were well within compliance and lagoon 6 was at
69". Our corrective action was to transfer the waste from lagoon 1 to lagoon 6 on July 13. The lagoon levels have all
been incompliance since the inspection. The automatic transfer float has been replaced as well.
Violation 2: Failure to report by telephone within 24 hours following first knowledge of non -compliant lagoon levels:
My first knowledge of the freeboard encroachment was on July 11t'. I did not call farm staff because I assumed that
they knew to not transfer waste from house 6 until they had transferred waste from lagoon 1 to lagoon 6. In the future
I will make certain to notify the Fayetteville Reginal office if any lagoons become non -compliant. I have trained staff to
notify me immediately and to begin waste transfer at first knowledge of non -compliant levels. A communication
breakdown occurred and that will not happen again.
It is my sincere hope that the adequate lagoon levels as noted above, though non -compliant, were not an
environmental hazard and that any fines associated with this incident will not be levied. I would be happy to discuss
this incident further and can be contacted at 910-385-5617.
Sincerely,
David Mixon
General Manager