250042_High Freeboard Response_20200911

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September 11, 2020
From: Matthew Davenport
Owner/operator: M & S Nursery
AWS 250042
To: David May, L.G. Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
Dear Mr. May
This letter is in response to the notice of intent from your department dated September 2, 2020
and received via certified mail on September 9, 2020. As several permit violations were noted at my
operation during the annual inspection conducted August 24, 2020. I would like to offer some additional
information to consider regarding these violations.
Violation 1, Response:
Please find enclosed the 30-day POA for high freeboard as well as rainfall and lagoon levels. As
these records indicate, Augustl through august 19 was an extremely precipitous period including
Tropical Storm Isaias on August 3`d, and 4th. My Farm recorded nearly 12 inches of rainfall over that 20-
day period. Fields remained too saturated to land apply for several weeks during a month that is
typically hot, dry, and conducive to irrigation. During this period, I was unable to harvest the Bermuda
Hay which reached terminal growth and had to be harvested as soon as conditions allowed. Not being
able to irrigate during this extended period is the reason for high freeboard noted during the inspection
on August 24. Corrective action has been taken. Irrigation resumed September 4th after the crop was
harvested and lagoon levels have begun to fall.
Violation 2, Response:
In June, high freeboard was the result of an extremely wet and challenging spring. I struggled to
get crops planted and maintain lagoon levels during the months of April, May, and June. As you will
notice in the records, several extended rainy periods, with accumulations of 2-4 inches being common.
Lagoon levels did reach 17- and 18-inches June 1 as a result of 4.5 inches of rain falling on May 29-30.
However, within the week conditions became more favorable for irrigation to resume and lagoon levels
were quickly returned to below red line. I was extremely busy during this time and did not feel that
submitting a POA was warranted as lagoon levels were already corrected. I do understand that it is a

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condition of my permit to notify DEQ of any high freeboard occurrences and that it is not left to my
judgement. In the future, any and all high freeboard violations will be relayed to DEQ immediately.
Violation 3, Response:
Multiple over applications were made to Small grains during the 2019-2020 growing season.
Over application to field 6 was an oversight on my behalf. I failed to realize the amount of PAN applied
during the October -December window which resulted in an over application of 18 lbs. I did however
reduce application to that field for the remainder of the growing season in an effort to allow the crop to
utilize the available nitrogen already applied. The over applications to fields 1 and 7 were a direct result
of waste samples returning with unusually high analysis. Waste analysis for lagoon 1 increased from 0.76
pounds N per 1000 gal. in the previous sample to 1.87 pounds. Lagoon 2 increased from 0.69 pounds to
2.27 pounds. I feel this may be due to a poor sample collection or possibly Laboratory error. However,
without another waste analysis for the corresponding application period I was forced to use those
values. This resulted in an exponential increase in PAN applied per event until a new analysis could be
obtained.
Summary:
I hope that these explanations have provided some clarity for the violations observed at my
facility. It is my desire to continue to operate under the conditions set forth in my facilities' permit.
Sincerely,
Matthew Davenport