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