Loading...
HomeMy WebLinkAbout820695_Enforcement Packet PC-2023-0029 & NOV-2023-PC-0396_20230701NOTICE OF VIOLATION AND/OR NOTICE OF INTENT ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. Director \f Qtui'i Na j 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: DEQfJ North Carolina Department of Environmental Quality I Division of Water Resources v Fayetteville Regional Office 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-5043 NORTHCARouNA 910.433.3300 Department of Emlmnmenfal Duali� 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. — [15A NCAC 02T .1304(b)]. (Permit No. AWG100000 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). D E Q�� 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 NORrH CAROLINA 910-433-3300 oepanmem or enmmnmenMl ouai� 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. D E Q�� 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 NORrH CAROLINA 910-433-3300 oepanmem or enmmnmenWl ouai� Page 4 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 (919) 896-9715 or me at (910) 433-3336. Sincerely, J. Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: FRO Compliance Animal Files-Laserfiche-82-695 D E Q�� 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 NORrH CAROLINA 910-433-3300 oepanmem or enmmnmenMl ouai� INSPECTION REPORT / NOTES 0 Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 820695 Facility Status: Active Permit: AWS820695 ❑ Denied Access Inspection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Sampson Region: Fayetteville Date of Visit: 07/12/2023 Entry Time: 09:40 am Exit Time: 3:00 pm Incident #: Farm Name: Greenwood Nurseries Owner Email: Owner: Greenwood Livestock LLC Phone: 910-862-1718 Mailing Address: PO Box 535 Elizabethtown NC 283370535 Physical Address: Coach Whip Ln Shaw Rd Garland NC 28441 Facility Status: ❑ Compliant 0 Not Compliant Integrator: Murphy -Brown LLC Location of Farm: Latitude: 34' 44' 01" Longitude: 78' 21' 49" East of SR 1132 in Sampson County Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Brandon Lee Norris Operator Certification Number: 1004381 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Curtis Barwick On -site representative Curtis Barwick Primary Inspector: Katie Fontenot Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: 25. you are past the two year limitation on removing sludge on 2 lagoons and after this year it will be three lagoons. You need to remove sludge. Note: if the employee that is doing the pumping does not have a licencec then mr. norris must visit the farm within 24 hours of each pumping event. 4. lagoon 1 was at 25 incehs and the design freeboard is 31.2 farm failed to transfer to lagoon 6 which they used lagoon 6 to pump out off as designed by the lagoon design. note that Lagoon 6 transfer to lagoon 1 before it is then transered back to lagoon six. note farm will send updated rainfall amount.DWR went the next day 7/13/23 to take photos of the lagoon marker. Page 1 of 5 Permit: AWS82069: Owner: Greenwood Livestock LLC Facility Number: 820695 Inspection Date:07/12/23 Inspection TypeCompliance Inspection Reason for Visit:Routine Regulated Operations Swine Design Capacity Current promotions Swine - Wean to Feeder 15,600 I 1,300 Total Design Capacity: 15,600 Total SSLW: 468,000 Waste Structures Effective Built Closed Designated Observed Type Identifier Date Date Date Freeboard Freeboard Lagoon 1 04/16/2006 A/01/199C 31.00 25.00 Lagoon 2 04/19/2006 D1/01/199C 31.00 48.00 Lagoon 3 04/19/2006 A/01/199C 31.00 37.00 Lagoon 4 04/19/2006 D1/01/199C 31.00 37.00 Lagoon 5 04/19/2006 A/01/199C 31.00 37.00 Lagoon 6 04/19/2006 D1/01/199C 47.00 62.00 Lagoon 82-695-1 10/03/2005 10/01 /2019 Lagoon 82-695-2 10/03/2005 10/01 /2019 Lagoon 82-695-3 10/03/2005 10/01 /2019 Lagoon 82-695-4 10/03/2005 10/01 /2019 Lagoon 82-695-5 10/03/2005 10/01 /2019 Lagoon 82-695-6 10/03/2005 10/01 /2019 Page 2 of 5 Permit: AWS82069: Owner: Greenwood Livestock LLC Facility Number: 820695 Inspection Date:07/12/23 Inspection TypeCompliance Inspection Reason for Visit:Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ❑ MEIEI Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ 0 ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ 0 ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ 0 ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ 0 ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? 0 ❑ ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ larc ❑ 0 ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ MEI ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ MEI ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicablE ❑ 0 ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ ❑ ❑ maintenance or improvement? Waste Application Yes No NA NE 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ 0 ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ Page 3 of 5 Permit: AWS82069: Owner: Greenwood Livestock LLC Facility Number: 820695 Inspection Date:07/12/23 Inspection TypeCompliance Inspection Reason for Visit:Routine Waste Application Yes No NA NE Crop Type 1 Coastal Bermuda Grass w/ Rye Overseed Crop Type 2 Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Cainhoy sand, 0 to 5% slopes Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ 0 ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ 0 ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ 0 ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ 0 ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ 0 ❑ ❑ Records and Documents Yes No NA NE 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ 0 ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Page 4 of 5 Permit: AWS82069: Owner: Greenwood Livestock LLC Facility Number: 820695 Inspection Date:07/12/23 Inspection TypeCompliance Inspection Reason for Visit:Routine Records and Documents Yes No NA NE Stocking? ❑ Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipmen ❑ 0 ❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ 0 ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the 0 ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: #1 12i6i2021, #2 10-22-2020, #3 12-6-21, #4 12-6-21 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ 0 ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ 0 ❑ ❑ Other Issues Yes No NA NE 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ 0 ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ 0 ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit, ❑ 0 ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon / Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑ CAW M P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ 0 ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ 0 ❑ ❑ Page 5 of 5 z PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 9 Facility Number: Facility Name 82-695 County: Sampson Greenwood Nurseries Certified Operator Name: Brandon Norris Operator Number: 1004381 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID: Spillway(Y or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 1 N 26 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 7/13/2023 I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Greenwood Livestock, LLC Phone: Facility Owner/Manager (print Date: caner/ anager (signature) 910 862-2212 7/13/2023 ti a. II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: 1 line m = 77.4 lb PAN 2. Structure ID: 2 line m = lb PAN 3. Structure ID: 3 line m = lb PAN 4. Structure ID: 4 line m = lb PAN 5. Structure ID: 5 line m = lb PAN 6. Structure ID: 6 line m = lb PAN n. lines 1 +2+3+4+5+6= 77.4 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR- 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window 893 1 coastal bermuda 3.39 156.00 528.8 MAR-SEP 8931 2 coastal bermuda 3.77 156.00 588.1 MAR-SEP 893 3 coastal bermuda 1.45 146.00 211.7 MAR-SEP 893 4 coastal bermuda 1.33 146.00 194.2 MAR-SEP 893 5 coastal bermuda 3.85 156.00 600.6 MAR-SEP 893 6 coastal bermuda 3.39 156.00 528.8 MAR-SEP 893 7 coastal bermuda 1.96 169.00 331.2 MAR-SEP 893 8 coastal bermuda 1.54 170.00 261.8 MAR-SEP 893 9 coastal bermuda 2.76 133.00 367.1 MAR-SEP 893 10 coastal bermuda 3.42 148.00 506.2 MAR-SEP 893 11 coastal bermuda 2.28 170.00 387.6 MAR-SEP 893 12 coastal bermuda 0.78 170.00 132.6 MAR-SEP 893 13 coastal bermuda 1.18 170.00 200.6 MAR-SEP 893 14 coastal bermuda 0.47 170.00 79.9 MAR-SEP 893 15 coastal bermuda 1.03 154.00 158.6 MAR-SEP 893 16 coastal bermuda 1.66 139.00 230.7 MAR-SEP 893 17 coastal bermuda 0.76 160.00 121.6 MAR-SEP 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 5430.2 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 77.4 lb. PAN PoA (30 Day) 2/21/00 k- -fk* x. Crop's remaining PAN balance (line v from section III) = 5430.2 lb. PAN y. Overall PAN balance (w - x) _ -5353 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Waste was transferred to lagoon 6 which had 62" freeboard. These transfers are standard but had not been done after reaching maximum freeboard on lagoon 1. PoA (30 Day) 2/21/00 61 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): 1 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 26.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 31.2 inches c. line b - line a (inches in red zone) = 5.2 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 31146 ftz e. line c/12 x line d x 7.48 gallons/ft3 100955 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 19048 ft3 h. current herd # 2600 certified herd #1 2600 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 6/5/2023 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 19048 ft3 0 ft3 19425 ft3 47963 gallons 0.52 Ibs/1000 gal. 77.4 lbs. PAN PoA (30 Day) 2/21 /00 VIOLATORS RESPONSE AND NOTES 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 SITE PHOTOS . i ---A: I Ora- er, 7 \ 'Oeo0o FARM Albertson Farm 1 Albertson Farm 2 � Packs Pride 1 (1-3) Packs Pride 2 (4-5) Mill Run 1 Mill Run 2 Mill Run #3 Mill Run #4 Bull Run Peg Leg 1 Peg Leg 2 Peg Leg 3 Greenwood Finishing 3 #1 Greenwood Finishing 3 #2 Greenwood Finishing 3 #3 Greenwood Nursery 1 Greenwood Nursery 2 Greenwood Nursery 3 Greenwood Nursery 4 Greenwood Nursery 5 Greenwood Nursery 6 Jessup 1 Jessup 2 Ham Hock Swine Relief 1- Swine Relief 2- Hogs Breath Tabor City Watha General 1 General 2 Col. Lamb 1 Col. Lamb 2 ART PUMP 19 19 20.16 20 20.3 20.76 20.5 19.3 19.2 21.36 21.7 21.4 19 19 19.5 31.2 31.2 31.2 31.2 31.2 46.$ 19 32 19 19 19 19 19.5 25 19.92 19.92 19.7 30 WARNING LEVEL 24 24 25.16 25 25.3 25.76 25.5 24.3 24.2 26.36 26.7 26.4 24 24 24.5 36.2 36.2 36.2 36.2 36.2 51.8 24 37 24 24 24 24 24.5 30 24.92 24.92 24.7 35 STOP PUMP 5/8/23 5/15/23 5/22/23 5/29/23 6/5/23 6/12/23 6/19/23 6/26/26 7/3/Z4 7/10/40 50 29 32 32 30 30 30 30 32 30 30 26 24 50 32 32 32 30 30 23 36 32 42.7 30 33 32 30 31 30 30 47 42 31.8 42 43 42 40 48 48 48 48 30 40 39 36 36 24 33 36 32 31 30 35 32 33 30 30 33 34 33 32 36 - 35 60 60 38.4 60 60 60 60 60 60 60 60 60 60 60 105 60 60 60 60 60 60 60 33 27 48 35 39 33 33 34 33 35 33 35 34 31 31 22 45.96 28 36 36 35 35 36 37.7 22 42 48 47 47 48 48 44 44 38 37 36 36 30 46.6 22 40 42 39 37 39 �� 49 44 44 45 45 45 49 49 49 45 49 49 44 44 39 45 45 45 45 39 45 45 45 45 49 44 44 ,--- 47.1 45 45 36 �3411 31.2 38 45 45 45 36 39 39 32 -- _ 56.4 44 45 45 48 48 48 51 48 45 42 56.4 45 45 4$ 45 45 48 48 42 42 45 57.6 54 51 51 48 45 48 48 42 42 39 56.4 60 51 51 54 4$ 48 48 45 45 42 84 49 57 78 78 78 75 72 72 75 69 46 30 31 31 30 30 31 31 25 24 21 6 36 36 50 47 50 56 56 50 51 46 23 29 28 34 33 34 35 25 29 29 45.4 35 35 36 37 36 37 37 32 32 29 44.2 29 29 29 31 31 32 32 27 28 25 45.4 27 29 30 30 30 31 32 27 29 26 0 23 27 28 27 30 28 30 25 27 28 53.6 43 46 46 45 45 43 43 39 39 _ _ 37 47.6 21 20 22 20 25 28 32 31 28 49.8 23 22 22 21 21 27 32 31 25 49.4 27 28 32 31 30 38 40 35 32 31 g6,4 46 46 46 45 47 49 67 69 65 66