820458_NOV-2019-0685 Response_20191227

FRANKLIN LINDSAY FARMS, INC.
2560 FIVE BRIDGE RD
CLINTON, NC 28329
December 26, 2019
Mr. Trent Allen
Regional Supervisor Water Quality Regional Operations Section
225 Green St, Suite 714
Fayetteville, NC 28301
Dear Mr. Allen,
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DEC 2 7 ?IN
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your NOTICE OF VIOLATION/NOTICE OF INTENT NOV-2019-0685 for Franklin Lindsay Farm, Inc.
ated December 17, 2019, I submit the following responses to the violations and explanation of the
Ycoprective action.
Violation 1:
Failure to maintain waste levels in my lagoons in accordance with the CAWMP.
We had a high volume of rain from Hurricane Dorian that caused my lagoons to get in the red. I had documented the
freeboard levels and had made myself a note to contact Curtis Barwick or DWR about them being non -compliant but
I misplaced the note. This was during a time of transition in management of all my farms and during the transition, I
failed to make notification, as required. This was an honest oversight on my part.
Violation 2:
Failure to report by telephone to the appropriate Division Regional Office as soon as possible, but no more than 24
hours following first knowledge of the occurrence of failure to maintain storage capacity greater than or equal to that
required by the General Permit.
As stated above this high freeboard occurred during a management transition and I lost my note to contact Curtis
Barwick or DWR about the non-compliance.
Regarding Violations 1 & 2 and corrective action, we followed both the 5 and 30 day plans and reduced lagoon levels
as soon as was possible taking into account wet field conditions and we reached compliance within the appropriate
time frames. Scott Matthis and Dennis Alphin are now leasing and managing all aspects of my farms and they will
notify you of any future non-compliance, should that ever arise. I will not be actively managing my farms anymore as I
am progressing in age and the physical requirements were getting to demand too much from me.
The marker in the lagoon in question has been reset to the correct level based on your survey.
I regret that this incident occurred and that I did not give prompt notification as to my first knowledge of high levels. I
hope that you will not fine me for this incident considering that I am retiring and I will not be managing my fames any
longer. Thank you for your attention to this matter.
Sincerely,
Franklin Lindsay

Fi►- 12- /
PLAN OF ACTION ) ono HIGH FREEBOARD AT ANIMAi FAdILITIES
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Facility Number: 82-458 County: Sampson
Facility Name: Franklin Lindsay Home Farm
Certified Operator Name: Franklin Lindsay 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 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5
Lagoon Name/ID: 1&2 3&4
Spillway(Y or N): N N
Level(inches): 15 8
2. Check all applicable items
X 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 fro 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: 9/10/2019
1 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.
Franklin Lindsay
Facility Owner/Manager (print)
Facility Owner/Manager (signature)
Phone: [phone]
Date: 9/10/2019
PoA (30 Day) 2/21/00

11. 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:
2. Structure ID:
3. Structure ID:
4. Structure ID:
5. Structure ID:
6. Structure ID:
1&2
3&4
n.lines1+2+3+4+5+6=
line m = 245.8 Ib PAN
line m = 440.8 Ib PAN
line m = Ib PAN
line m = Ib PAN
line m = Ib PAN
line m = lb PAN
686.7 Ib PAN
III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN
PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD.
o. tract #
p. field #
q. crop
r. acres
s. remaining IRR-
2 PAN balance
(Ib/acre)
t. TOTAL PAN
BALANCE FOR
FIELD (Ibs.)
column r x s
u. application window'
3733
1
coastal bermuda
4.12
139.00
572.7
MAR-SEP
3733
2
small grain overseed
1.31
210.00
275.1
MAR-SEP
3733
3
small grain overseed
2.44
225.00
549.0
MAR-SEP
3733
4
small grain overseed
2.29
123.00
281.7
MAR-SEP
3733
5
small grain overseed
2.91
113.00
328.8
MAR-SEP
12637
6
small grain overseed
3.77
235.00
886.0
MAR-SEP
12637
7
small grain overseed
3.43
181.00
620.8
MAR-SEP
12637
8
small grain overseed
1.74
275.00
478.5
MAR-SEP
'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) =
IV. FACILITY'S PoA OVERALL PAN BALANCE
3992.6 Ib. PAN
w. Total PAN to be land applied (line n from section II) = 686.7 Ib. PAN
PoA (30 Day) 2/21/00

x. Crop's remaining PAN balance (line v from section III) =
y. Overall PAN balance (w - x) =
3992.6 Ib. PAN
-3306 Ib. 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.
NARRATIVE:
Irrigation onto existing spray fields will continue as weather and field conditions permit.
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):
1&2
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/ft3
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
g. volume of waste produced according to structural design
h. current herd # 1070 certified herd #
15.0
19.0
inches
inches
4.0 inches
22800
ft2
56848 gallons
180
35276
1070
actual waste produced = current herd # x line g =
certified herd #
i. volume of wash water according to structural design
days
ft3
35276 ft3
0
ft3
j. excess rainfall over evaporation according to design 14379 ft3
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
m. ((lines e + k)/1000) x line I =
7/8/2019
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
61903 gallons
2.07
Ibs/1000 gal.
245.8 Ibs. PAN
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):
3&4
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/ft3
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
g. volume of waste produced according to structural design
h. current herd # 1070 certified herd #
8.0
19.0
inches
inches
11.0 inches
22800
ft2
156332 gallons
180
35276
1070
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
m. ((lines e + k)/1000) x line I =
7/8/2019
REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE.
(Click on the next Structure tab shown below)
days
,ft3
35276 ft3
0
14379
ft3
ft3
61903 gallons
2.02
Ibs/1000 gal.
440.8 Ibs. PAN
PoA (30 Day) 2/21/00