310827_NOI NOV-2019-PC-0433_20190528

u:cu6,q E v_lopa I D 'D- 0t' C �.; 60a GF�SGJ
Pace 1 of 2
A'r
ny' tGOi Lf;
r >
y n
eelrl Ape{ 1 C REf
LINDA C'ULPE!'PE
......"..
F.nw nmen,tn( Qua lily
Certified Mail # 2013 2630 0602 0760 9589
Return Receipt Requested
May 28, 2019
Earl C Davis
Earl C Davis
615 Earl Davis Rd
Rose Hill, NC 28458
SUBJECT: NOTICE OF VIOLATION with RECOMMENDATIONS FOR ENFORCEMENT
Tracking Number: NOV-2019-PC-0433
Permit No. AWS310827
Earl Davis Farm Site II
Duplin County
Dear Permittee:
On August 30, 2018, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources
(DWR), inspected the Earl Davis Farm Site II and records, and it was determined that the facility had
previously not been in compliance regarding maintaining the waste level in a lagoon/storage pond to not
exceed the maximum level specified in the facility's Certified Animal Waste Management Plan (CAWMP).
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 management system pursuant to 15A NCAC 2T
.1304, you have been found to be in violation of your CAWMP and the Swine Waste System General
Permit No. AWG100000 as follows:
Violation 1:
Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in
Condition V.2. of General Permit No. AWG100000.
On August 30, 2018, DWR staff inspected the facilities records and found that the lagoon freeboard had been
at eighteen (18) inches on July 29,2018.

If
Pond Creek Precision Ag
2412 County Road 1070 North
Fairfield, IL 62837
RE:Earl Davis
ED Farm 2
615 Earl Davis Road
Rose Hill, NC 28458
Tom Tharrington
Attached POA is in response to Certified Mail sent to Mr Davis. Tracking number
NOV-2019-PC-0433
Page 1 of 1
REGFIVED/NOafNROR
JUN 13 2019
Water Quality Regional
Operations Section
Wilmington Regional Office
Due to excess rainfall during July of 2018, Mr Davis had fallen behind. As soon as field
condition allowed, Mr Davis was able to get his lagoons back to acceptable Levels.
Thank You,
Doug Atkins
NC Certified Technical Specialist
8001041

joro RECEIVED/,ICDENR/M
PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES JUN 13 c'019
`Nater Quality Regional
Operations section,
Facility Number: 31-827 County: Duplin Yl'lw'j�1110n Regional Offire
Facility Name: ED Farm 2
Certified Operator Name:
Earl Davis
Operator Number:
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
ED 2
N
18
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 for 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: 8/4/2018
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.
Earl Davis Phone: [phone]
Facility Owner/Manager (print)
Date: 6/10/2019
Facility Owner/Manager (signature)

It. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR./24
HR. STORM
STORAGE ELEVATIONS IN ALL WASTE
STRUCTURES FOR FACILITY
1.
Structure ID: ED 2
line m = 941.1
lb PAN
2.
Structure ID:
line m =
lb PAN
3.
Structure ID:
line In =
Ib PAN
4.
Structure ID:
line m =
lb PAN
5.
Structure ID:
line m =
lb PAN
6.
Structure ID:
line m =
lb PAN
n.lines 1+2+3+4+5+6= 941.1lbPAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT RE APPLIED Dt1RING THIS 3n DAY PERIOD_
o. tract #
p. field #
q. crop
r. acres
s. remaining IRR
2 PAN balance
(lb/acre)
t. TOTAL PAN
BALANCE FOR
FIELD (lbs.)
column r x s
u. application window'
A
Bermuda
3.30
146.15
482.3
3/1 thru 9/30
B
Bermuda
3.10
245.00
759.5
3/1 thru 9/30
C
Bermuda
2.61
203.34
530.7
3/1 thru 9/30
D
Bermuda
2.75
215.35
592.2
3/1 thru 9/30
E
Bermuda
4.18
100.95
422.0
3/1 thru 9/30
F
Bermuda
2.42
205.00
496.1
3/1 thru 9/30
G
Bermuda
5.30
163.97
869.0
3/1 thru 9/30
H
Bermuda
5.50
205.00
1127.5
3/1 thru 9/30
1
Bermuda
5.50
205.00
1127.5
3/1 thru 9/30
J
Bermuda
1.48
205.00
303.4
3/1 thru 9/30
K
Bermuda
4.27
160.44
685.1
3/1 thru 9/30
L
Bermuda
4.82
120.41
580.4
3/1 thru 9/30
M
Bermuda
2.52
205.00
516.6
3/1 thrLI 9/30
N
Bermuda
2.57
205.00
526.9
3/1 thru 9/30
Q
Bermuda
2.77
205.00
567.9
3/1 thru 9/30
P
Bermuda
2.09
159.48
333.3
3/1 thrLI 9/30
Q
Bermuda
3.48
205.00
713.4
3/1 thru 9/30
4A
Bermuda
3.551
205.001
727.8
3/1 thru 9/30
4B
Bermuda
3.55
205.00
727.8
3/1 thru 9/30
'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) = 12089.2 lb. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
w. Total PAN to be land applied (line n from section II) = 941.1 lb. PAN
PDA (30 Day) 2/21/00

x. Crop's remaining PAN balance (line v from section III) = 12089.2 lb. PAN
y. Overall PAN balance (w - x) _ -11148 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.
Irrigation to begin as conditions permit. .
PAN used above for Bermuda pulls is portion of remaining PAN for these pulls.
Samples Dated 7-4-18 L1 2.21
PoA (30 Day) 2/21/00

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): IBJD21
2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard
a. current liquid level according to marker
b. designed 25 yr./24 hr. storm & structural freeboard
c. line b - line a (inches in red zone) _
d. top of dike surface area according to design
(area at below structural freeboard elevation)
e. line c/12 x line d x 7.48 gallons/ft'
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
1 8-01 inches
19.0 inches
1.0 inches
163200 ft2
101728 gallons
180 days
g. volume of waste produced according to structural design 210994 ft3
h. current herd #F--6-4-0-01 certified herd # 6400
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
I. current waste analysis dated 1 7/4/2018
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)
210994 W
ft3
49000 ft3
324126 gallons
2.21 Ibs/1000 gal.
941.1 Ibs. PAN
PoA (30 Day) 2/21/00