710006_DV-2017-0080_20180205

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Water Resources
Environmental Quality
January 31, 2018
CERTIFIED MAIL - #7016 2140 0000 0564 3845
RETURN -RECEIPT REQUESTED
Dean Hilton
Greenwood Livestock, LLC
PO Box 535
Elizabethtown, NC 28337
Dear Mr. Hilton:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 71-0006
Pender County
Enforcement File No. DV-2017-0080
This letter transmits notice of a civil penalty assessed against Greenwood Livestock, LLC in the amount of
$3,500.00, and $2431.49 in investigative costs, for a total of $5,931.49. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in' me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
--'----,—Nothing Compares:...-,,..-._
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129
iN�. �...ry Y :. r. •: w.

1.
Assessment of civil penalty
Greenwood Livestock, LLC +
Enforcement # DV-2017-0080
Page 2 of 3
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil -penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2)-whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to th_ e following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center,
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Bearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

r
Assessment of civil penalty
breenwood Livestock, LLC
Enforcement # DV-2017-0080
Page 3 of 3
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
- Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Included in this enforcement package is the requirement to apply for coverage under an NPDES
permit. According to the North Carolina General Statutes §143-215.1, 40 Code of Federal
Regulations §122.23, and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency once a facility has a discharge to waters of the State, the permittee
must apply, for an NPDES permit (seethe attached letter for instructions).
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at-[phone].
Sinc ely, /
A ard, Chief
Water Quality Regional Operations Section
Division of Water Resources
RECEIVED/NCDENROR
ATTACHMENTS
cc: Fon ( QROS Regional -Supervisor w/-attaclime`nfs FEB 0 5 2018
File # DV-2017-0080 w/ attachments
WQROS Central Files w/ attachments Water Quality Regional
Pender County Health Department Dperations Section
Wilmington Regional Office

., _
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF PENDER
File No. DV-2017-0080
IN THE MATTER OF
)
GREENWOOD LIVESTOCK, LLC
)
FINDINGS AND DECISION
FOR VIOLATIONS OF SWINE WASTE
) AND ASSESSMENTS OF
GENERAL PERMIT AWG100000
) CIVIL PENALTIES
PURSUANT TO NORTH CAROLINA
)
GENERAL STATUE 143-215.1
)
Acting pursuant to delegation provided.by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water
Quality Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Greenwood Livestock, LLC owns and operates Greenwood Finishing #3 Farm a swine
animal operation in Pender County.
B. . Greenwood Livestock, LLC was issued a Certificate of Coverage AWS710006 under
General Permit AWG100000 for Greenwood Finishing #3 Farm on April 13, 2017,
effective upon issuance, with an expiration date of September 30, 2019.
C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of
the following activities unless the person has received a permit from the Commission and
has complied with all the conditions set forth in the permit: made any outlets into the waters
of the State." 1.
D. Condition I.1 General Permit AWG100000 states in part that "Any discharge of waste
which reaches surface waters or wetlands is prohibited except as otherwise provided in this
General Permit and associated statutory and regulatory provisions. Waste shall not reach
-surface waters or wetlands by runoff, drift, manmade conveyances, direct application and
direct discharge or through ditches not otherwise classified as State waters."
E. On August 31, 2017, the Wilmington Regional Office (WIRO) received a complaint
regarding suspected animal waste in a tributary immediately downstream from the
Greenwood Finishing Farm #3. DWR staff inspected the farm on August 31, 2017 and
again on September 1, 2017, and found discharged animal waste and evidence of a fish kill
in surface waters of a tributary to Sills Creek, which are Class C, SW waters of the State
within the Cape Fear River Basin: Two dead fish were seen in the creek immediately
downstream from the Samples were collected and pictures taken of the discharge in surface
waters. Lab results indicate fecal coliform concentrations of 48,000 colonies/100mL in
ditches adjacent to the spray irrigation fields 'and 28,000 colonies/100mL in the
downstream tributary to Sills Creek.

F. Condition 11.5 of the General Permit AWG100000, states in part that "In no case shall land
application rates result in excessive ponding or any runoff during any given application
event."
G. On August 31, 2017, staff inspected the land application field and observed animal waste
ponding in several ditches that are adjacent to the land application fields. On September 1,
2017, staff returned and walked the ditches and channels between the farm property and
the tributary to Sills Creek. Staff observed animal waste in those channels.
H. On October 13, 2017, the Division issued a Notice of Recommendation of Enforcement
(NOE) to Greenwood Livestock, LLC identifying violations of 15A NCAC 2T.1304 and
Permit No.AWG100000. The violations include failure in maintaining land application
rates not resulting in excessive ponding or any runoff, and discharging wastewater to
Waters of the State.
I. The NOV was sent by certified mail, return receipt requested and received on October 16,
2017. A written response was received October 27, 2017.
J. The costs to the State of the enforcement procedures in this matter totaled $2431.49.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Greenwood Livestock, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant
to G.S. 143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited discharge constituted making an outlet to waters of the State for purposes
of G.S. 143-215.1(a)(1), for which G.S. 143-215.1 requires a permit. The discharge also
violated Condition I.1 of General Permit AWG100000.
D. The above -cited failure to prevent excessive ponding and runoff violated Condition No.
11.5. of the General Permit AWG100000.
E. Greenwood Livestock, LLC may be assessed civil penalties pursuant to' G.S. 143-
215.6A(a)(2) which -provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit required by
G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed against Greenwood Livestock,
LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
G. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources, has the authority to assess
civil penalties in this matter.

,4
Based upon the above Findings of Facts and Conclusions of Law, I make the following:
I11. DECISION:
Accordingly, Greenwood Livestock, LLC, owner of Greenwood Finishing #3 Farm at the time of
the noncompliance is hereby assessed a civil penalty of:
$ For making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition 1.1 of the General Permit
AWG100000.
S0 U For violating Condition No. H. 5. of the General Permit AWG100000 for
failure to prevent excessive pond ing and runoff.
$ J, 5U0 TOTAL CIVIL, PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$2431.49 Enforcement costs
$ 1 y TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and
investigative cost may be assessed for any other rules and statutes for which penalties have not yet been
assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Greenwood
Livestock, LLC, in accordance with N.C.G.S. 143-215.6(A)(d).
(Date)
J/Riaard, Chief
Wality Regional Operations Section
Df Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Greenwood Livestock. LLC
County: Pender
Case Number: DV-2017-0080
Permit Number: AWS710006
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
Lab results indicate fecal coliform concentrations of 48, 000 colonies/IOOmL in ditches adjacent to the
spray irrigation fields and 28,000 colonies/100mL in the downstream tributary to Sills Creek. This is
indicative of high concentrations of animal waste in the water. Animal waste is high in BOD, Fecal
Coliform, and can cause eutrophication which can disrupt natural ecosystems. Two dead fish were
observed just downstream from the farm in the tributary to Sills Creek.
2) The duration and gravity of the violation;
Stafffrom the Wilmington Regional Office received a complaint ofprobable animal waste in the
tributary of Sills Creek on the afternoon of August 31, 2017. Animal waste was evident in the tributary
and the ditches surrounding the spray irrigation field when we arrived on site later that afternoon
(8131117) and again the following morning (91112017). The most recent pumping events prior to the
receipt of the complaint had occurred on the morning of August 30, 2017. Lab results indicate fecal
coliform concentrations of 48, 000 co1onies1100mL running offfrom the spray irrigation fields.
3) The effect on ground or surface water quantity or quality or on air quality;
Not evaluated. However, overapplication of animal waste on sprayfields, can cause potential
groundwater and aquifer contamination, have negative effect on the environment, and disrupt natural
ecosystems. Discharge of animal waste to surface waters can lead to eutrophication, contributes to
algae blooms, nutrient enrichment and fish kills. Two dead fish were observed in the tributary to Sills
Creek immeediately downstream from the farm on the aftern o( on of August 31,f 20117. ( S o u0 -�u l
�-vr..-Jt'i�_ �vr:� �fr:�ri�i�- � L'Ci.� .n�� 2S�'-�h' �u(C �:�•-. �/fJ�''^C, ,
4) The cost of rectifying the damage; (((
Unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is not known. This event is suspected to have occurred as a result of both a
broken hydrant a couple of days before the application event and then overapplication on the 8130117
pumping events. Items to consider: Irrigate more often in shorter events to allow proper infiltration at
agronomic rates; the time and materials associated with the cost for the OIC to operate more frequent
pumping events or the cost to pump and haul waste; and the cost to install the preventative measures the
owner plans to implement (slam gates/water control structures in ditches, staff re-education, new
employees) and those they've already implemented since purchasing the farm in early 2017 (aerwaying
the irrigation fields, new irrigation reels; repairing broken hydrants, electrical and roofing work on the
houses, etc).
6) Whether the violation was committed willfully or intentionally;
Unknown. Staff from the Wilmington Regional Office received a complaint ofprobable animal waste in
the tributary of Sills Creek on the afternoon of August 31, 2017. Animal waste was evident in the
tributary and the ditches surrounding the spray irrigation field when we arrived on site later that
afternoon (8131117) and again the following morning (91112017). The farm owners mention all of the
effort they've made to bring this farm into compliance since taking ownership in March 2017 in a letter
sent to DWR as part of their response to the Notice of Violation.
rev 1.0 - 8.31.09

7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
• The current owner has no record ofprevious violations or deficiencies at this farm. All previous
compliance issues were when the farm was under other ownership.
8) The cost to the State of the enforcement procedures.
$2431.47
a
Date Jon Ris
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
GREENWOOD LIVESTOCK, LLC )
PERMIT NO. AWS710006 ) FILE NO. DV-2017-0080
Having been assessed civil penalties totaling $5,931.49 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, January 31, 2018, the
undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in
the assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of Water
Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in
support of a remission request will be allowed after thirty (30) days from the receipt of the notice
of assessment.
This the day of , 2018
Signature
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-20.17-0080 County: Pender
Assessed Party: Greenwood Livestock LLC
Permit No.: AWS710006 Amount assessed: $5,931.49
Please use this form when requestingremissiori of this civil penalty.,- You must also complete the
"Request For Remission, Waiver ought to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as 'they may relate to the reasonableness of the amount of the civil penalty
assessed.. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of ,the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfulldpplied to the detriment of the petitioner (the .assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
_ (c) the violation was inadvertent or a result of an accident (Le., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violatorhad not been assessed civil penalties for M previous -violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
- o
EXPLANATION:
\Rem req.