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2 M NC DEQJDUIY2 I ,t
v o Water Quality Regional Op&atl1.hs Section �.
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Water Resources
Environmental Quality
October 13, 2017
CERTIFIED MAIL 7017 1450 0000 3937 2649
RETURN RECEIPT REQUESTED
Mr. Dean Hilton
Greenwood Livestock, LLC
PO Box 535
Elizabethtown, NC 28337
ROY COOPER
Governor
MICHAEL S. REGAN
Secretai3,
S. JAY ZIIVIMERMAN
Director
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2017-DV-0259
Administrative Code 15A NCAC 2T .1304
Greenwood Livestock, LLC — Greenwood Finishing #3
Permit No. AWS710006
Pender County
Dear Mr.' Hilton:
On August 31, 2017 and September 1, 2017, staff from the Wilmington Regional Office (WIRO) of the
Division of Water Resources (DWR) visited and inspected the permitted waste management system of the
Greenwood Finishing Farm #3 in response to a nearby reported discharge of suspected animal waste. We
appreciate David Naylor being present and assisting us with the inspection.
As a result of these inspections, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste
System General Permit No. AWG100000 as follows: `
Violation 1:
Failure in prohibiting a discharge to surface waters of the State in accordance with Condition I.1 of the
Swine Waste System General Permit No. AWG100000. Any discharge of waste that reaches surface waters
or wetlands is prohibited except otherwise provided in this General Permit and associated statutory and
regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade
conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not
otherwise classified as state waters.
On August 31, 2017, the Wilmington Regional Office (WIRO) received a complaint regarding suspected
animal waste in a tributaryjust 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 in surface
` waters of a tributary to Sills Creek. Samples were collected and pictures taken of the possible discharge in
surface waters.
'Nothing Compares_
State of North Carolina I Environmental Quality I Water'Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7386
NOV-2017-DV-0259
October 13, 2017
_ r ,
Violation 2:
Failure in maintaining land application rates that shall not result in excessive ponding or runoff during any
given application event in accordance with Condition II.5 of the Swine Waste System General Permit No.
AWG100000.
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 suspected
animal waste in those channels. Samples were collected and pictures taken of the discharge.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action(s) you will take or have taken to resolve
this issue.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office,
a qualified technical'specialist, and/or a professional engineer for any assistance they may be able to provide
you in order to prevent violations from occurring.
Be advised that this office is considering recommending assessment of civil penalties to the Director
of the Division of Water Quality for the above noted violations. These violations may result in civil
penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-
215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with
North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director
along with the enforcement package for his consideration. Be advised that the Division of Water
Quality may take further action in this matter including injunctive relief and permit revocation.
If you wish to provide additional information regarding the noted violation, request technical assistance,
or discuss overall compliance please respond in writing within ten (10) business days after receipt of this
Notice. A review of your response will be considered and you will then be notified of any civil penalties
that may be assessed regarding the violations. If no response is received in this Office within the 10-
day period, a civil penalty assessment maybe prepared. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact me at (910) 796-73 86.
Si erely,
Jim gson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
NOV-2017-DV-0259
October 13, 2017
i
cc: WQROS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
Curtis Barwick (via email)
Martin McLawhorn, NCDA
CLLWR�WilmingtonA'nizix�l�k'iL�s�.L06�
G:\WQ\Shared\ANEVALS\PENDER\2017\71-06