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HomeMy WebLinkAbout710006_NOV-2017-DV-0259_20171013f u.L f j`tzu uuuu; z°7:j f Ct34-i- m m ^�, g � O o y m 000q Fs a o • - m:,\v ca m 3 0 Q m a» W m CD U ® t \� o e.v�wrnaa ► ' 7 ■ 'iomplete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiecg or on the front if space permits. :. AWO 1. A�,/ rttiicle Addressed to: I II IIII III IIIIIIIIIIII I III IIIII II IIII III 9590 9402 2928 7094 4423 95 7017 17,450i 100010E 139 3S Fnrm 3811 _ .tutu 9f15 Pant 7�,qrLne.nn ❑ Agent C. Date of Deliver D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: p No C 3. 5erviodlyip. ❑ Prlortty Map Express® ❑ Aduft Signature ❑ Registered MapTm ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restrict iertifled Mall® ❑ Mall Restricted Delivery Delivery ❑ Return Receipt for ed ❑ Collect on Delivery Merchandise ❑ Collect on Delivery,ResMcted Delivery ❑ Signature Confimtatlonn ❑ In�sLreii Mail j i ; ! • :: Restricted Delivery ` I { - P Signature Confirmation I ; Restricted Delivery all 9 USPS. TMq'q , !-1590 94D 7094 4423 95 ti o0 Mited iites 6 • Sender: Please pn 19stal c ice M N — of First -Class !-Oc l , , Postage'A Fees Pald! USPS Permit No, G-10 your name, address, and ZIP+4® in this box* 2 M NC DEQJDUIY2 I ,t v o Water Quality Regional Op&atl1.hs Section �. CZ) ca. •E 127 Cardinal Drive Eatensl�n �_ I COO LU Wilmington, NC 28405 -:���.��� til,1,llilllll�lllllllllllllll�lllllli✓,,'�l�(1'�l,�l,ll�llll• N4- , Z1. 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