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HomeMy WebLinkAbout820173_ENFORCEMENT_20171231NUH 1 H UARULINA Department of Environmental Qual I R� } i � i I � I 4 ?4"02 .Aw, � i t j F , - a.l ,� G �r6b (^� I v� m k.4 02 Amw ..OrN WWI At A 'Of WA TE �Q Michael F. Easley, Governor �� G Division of Water Quality Coleen I-1. Sullins, Deputy Director `0 rDivision of Water Quality William G. Ross Jr., Secretary P -C North Carolina Department of l?nvironment and Natural Resources Alan W. Klimek, P. E. Director December 5, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Anthony & Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT Administrative Code 15A NCAC 2FI.0217 Tyndall's Farm Facility No. 82-173 Sampson County Dear Mr. Tyndall: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H.0217 and /or NCGS 143 — 215.1, you have been found to be in violation of your Permit. This is a swine operation consisting of 9,120 wean to feeder pigs and is located on Carroll Store Road in Sampson County. It operates under a NPDES Permit. The Permit number is NCA282173 and was issued on 41912003. On March 6, 2003 this year, staff from the Fayetteville Regional Office of the Division of Water Quality received notification from Tyndall's Farm, facility # 82-173, that two of the three lagoons were within the storm storage level. The levels given at that time were for lagoon #1 at 16 inches and lagoon #2 at 18 inches. A subsequent phone call to your facility was made on April 10, 2003, to ask about why and when the required Plan of Action for the lagoons would be received. This call resulted in a message being left and then on April 11, 2003, two Plan of Action documents were received. The first was for a lagoon identified as T#2 and was a 30 -day POA, Plan of Action. It stated this lagoon was at 18 inches and thus was within the storm storage level. The next lagoon was identified as T#3 and the accompanying 5 -day POA recorded this lagoon level to be at 10 inches. This lagoon had entered .the structural storage at 12 inches or less and the Permit requires the appropriate Regional Office be notified. The Fayetteville Regional Office has no notification of this event from your facility for this time period. Please be advised that your NPDES Permit states "the Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon storage greater than or equal to that required in Condition V(3) of this NPDES Permit". Condition V(3) states "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the GAWP. At a minimum, maximum waste level for lagoons/storage ponds must 4i rr �P ,�tIJ N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Mr. Tyndall December 5, 2003 Page 3 3. Manage the liquid level of the lagoon at your facility to the "stop pump" marker to provide the needed free storage volume to more effectively cope with wet or chronic rainfall conditions. 4. Correspondence and providing requested information such as records are permit conditions and should be addressed in a timely manner. Please be more attentive to these matters in the future as they are a necessary part of conducting your business. Please be advised that based on your compliance history this office will be inspecting your facility on a more frequent basis. Further, failure to bring your facility into and to maintain compliance with the conditions set forth in your current permit will leave this office no choice but to recommend further enforcement actions and/or ask that the permit be revoked and reissued as an individual NPDES permit. The new permit will include more reporting requirements and/or IF conditions to ensure protection of the environment. As in the past, we ask that all records be maintained at the farm site in an up to date and complete form and be made available upon request by a Division of Water Quality representative. Also, as called for in your permit you are directed to report to this office "any" violation that includes but not necessarily limited to, freeboard violations and PAN ovcrages. If there are terms or conditions of your permit that you do not understand we encourage you to call Mr. Larry Baxley or myself to schedule a time that you can come to our office to discuss your permit. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding a recommendation to the Director for consideration of enforcement for these violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you. have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendation for enforcement. This office, on or before December 31, 2003, should receive this information. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for consideration. N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 486.1541 Fax (910) 4860707 Customer Service 1-877-623-6748 Mr. Tyndall December 5, 20003 Page 2 not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional 1 foot of structural freeboard". This failure to report is a violation of a permit condition and will result in enforcement action being recommended. Additionally on April 16, 2003, this farm received a Notice of Violation or NOV for self reported high freeboard. The notice also included a Request. for Information such as freeboard level records, spraying records, and rainfall records for the prior 12 months. The cropping system and CAWMP were also requested so that an evaluation as to the appropriate compliance or enforcement action could be made. This information was to be mailed by the permittee to the Fayetteville Regional Office no later than 10 days following receipt of the letter. This office has no record of receiving a response from you. Later, on July 9, 2003, staff member Larry Baxley met with you and explained the importance of reporting, submitting Plan of Actions and the need for you to send in the requested information. Mr. Baxley also noted that two of the three lagoons were out of compliance at 17 inches each. Mr. Tyndall did comply and sent in a POA on each of these two lagoons on July 11, 2003. Later in early August, Mr. Tyndall reported to the Fayetteville Regional Office that all three lagoons were in the storm storage level. Alarmingly, one of those was at 5 inches and the other two were at 13 inches each. Staff member Larry Baxley again visited the farm to asses the situation and expressed to Mr. Tyndall his desire for the requested information to be sent as these cases were being evaluated. The only information received since that date were the POA(s) for the three lagoons received August 14, 2003. Your permit states "The Permittee shall also furnish to the Division or EPA upon request complete copies of any records required by this permit to be kept". The failure to supply the requested information is a violation of a permit condition and will result in enforcement action being taken. Based on a brief file review your facility has had the following compliance history: 1. 03/31/97 NOV — No operator designated. 2. 10/20/00 NOV/NOI — Failure to report insufficient freeboard level. 3. 05/23/01 NOV and Revocation for nonpayment. 4. 10/17/01 NOD — Poor crops and surface water collection in low areas. 5. 05/20/02 NOV/NOI — Evidence of discharge to " Waters of the State" and failure to report. 6. 02/17/03 NOV/NOI — Failure to report high freeboard. Discharge to ditch. 7. 04/15/03 NOV/RFI — No response after self -reported high freeboard. The Division of Water Quality requests that the following items be addressed: Report as required liquid lagoon levels in the storm or structural freeboard to the appropriate Regional Office of the Division of Water Quality within 24 hours of discovery. Follow up with the appropriate Plan of Action in a timely manner. 2. Follow all provisions of your COC, General Permit, and CAWMP. N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 486.1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 Mr. Tyndall December 5, 2003 Page 4 If you have any questions concerning this matter, please do not hesitate to contact either Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. qnce1 Paul E. Rawls Regional Water Quality Supervisor PR/lb cc: Keith Larick - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen — SWC, FRO Central Files - Raleigh N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 486-1541 Fax (910) 486-0707 Customer Service 1-877-623-6748 AT NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor February 17, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Anthony Tyndall 1594 Carroll Store Rd. Autryville, NC 28318 Subject: Notice of Violation/Notice of Intent Administrative Code I SA NCAC 2H .0217 Tyndall's Farm Facility No. 82-173 Permit No. AWS820173 Sampson County Dear Mr. Tyndall: William G. Ross, Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality You are hereby notified that, having been Permitted to have a non discharge pen -nit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On January. 29, 2.003, staff from the Fayetteville Regional Office of the Division of Water Quality was notified by an off faun source that the level in one of the lagoons was twelve inches or less at the Tyndall faun, However, upon arrival, DWQ staff noticed that irrigation was being performed on one of the application fields and that ponding in the field and run off from the field were occuring. The waste was exiting the western end of the field, entering culverts under the road and thus entering a ditch on the other side of the road. DWQ staff notified Mr. Anthony Tyndall, who was on site, of the problem noted and he immediately blocked the ditch and the edge of the spray field to stop the run off of waste from the field. Staff advised Mr. Tyndall that he needed to obtain a pump and return the waste from the ditch back onto the field or back into the lagoon. He advised that he would go and rent a pump for that purpose. A records review was unable to be accomplished due to the fact that the records required on site were not on site. The freeboard at the fann was approximately seventeen inches and.not twelve inches as was reported to the DWQ although this had not been reported by the permittee as required by the Permit. A follow-up visit was done the next morning to verify that the waste had been removed. The process was continuing at the time of the visit and the waste and water in the ditch had been pumped out and efforts were continuing to pump the waste at the edge of the field back into the lagoon. Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301.5043 Phone: 910-486-15411FAX: 910-486-0707\ 1nternet: www,enr.st_a_t4.nc.us/LNR An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 1 10% Post Consumer Paper Mr. Tyndall 2-17-03 Page 2 The Division of Water Quality requests that the following item(s) be addressed: Contact someone about having the fields areated as they appear to compacted due to the presence of cows. 2. Records are to be kept on the farm site as required by the General Permit for this operation. 3. Submit a copy of the irrigation and freeboard records for 2002 and 2003 . 3. Freeboard violations are to be reported to the DWQ as reqired by the General Permit. Failure to comply with the above conditions may result in the facility losing it's General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 3. 2003 . Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Mr. Tyndall 2-17-03 Page 3 If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-1541 cc: Steve Lewis - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Glenn Clifton-Prestage Farms Central Files - Raleigh rani a. Kawis Water Quality Regional Supervisor Jun -14-02 11:20am From -ROC CENTURA BANK DUNN +6106912155 T-629 P-01/02 F-526 RBC Centura Fax Cower Page DATE: (-I `5 `6 TIlVM- _Mages including this one:,„-.- ---__ CONTANY 1 DEPARTMENT: FAX NUNOER: Fla �� J 7� l PHONE N MBF.R: FRO Gc �` r� 13RANCH:]�.%7]!XN 1-� �-Qa2 PROPERTY OF RBC CEN'TURA BANK, 1100 W. BROAD ST., MINN, NC 28334. UNLESS OTBERWISE WDICATED OR OBVIOUS FROM THE NATURE OF THIS TRANSMITTAL, THE INFORMATION CONTAINED Irl THIS FAX 15 PRIVILEGED AND CONFMENTL -L AND IS INTENDED FOR USE BY THE INDWMUAL NAMED A.SOVE. IF THE READER IS NOT THE INTENDED RZOPIENT OR CANNOT DELIVER THIS TO THE INTENDED RECIPIENT, YOU ARE HER MY NOTIFIED THAT FURTHER DISSEMINATION OR DfSTR LHON OF'T`HIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR OR ARE NOT SURE WHETHER IT IS PRIVILEGED, PLEASE NOTrFY THE SENDER. IMMEDIATELY AT THE PHONE NUMBER ABOVE OR (910)891.2150. THANK YOU. A r NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor October 17, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Anthony Tyndall 1594 Carroll Store Road Autryville, NC 28318 St.113,IECT: NOTICE OF DEFICIENCY Tyndall's Farm Facility No, 82-173 Sampson County Dear Mr. Tyndall: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D, Acting Director Division of Water Quality You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On October 11, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a routine inspection of the Tyndall's Farm off of Carrolls Store Road in Sampson County. The inspection revealed that the fescue irrigation fields had a poor stand and several low areas that collected and retained surface water. It was also noted that the on-site farm paperwork did not include the Farm's Certification or the lagoon storage calculations for the any of the three lagoons. This information is a permit requirement. The Division of Water Quality requests that the following item(s) be addressed: 1. Obtain technical assistance for the low areas to promote positive drainage and establishment of the required crop (fescue). 2. Obtain copies of the Farm's Certification and lagoon storage calculations and retain them with the farm's on- site paperwork. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or fixture violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per Clay per violation. 225 GREEN STREET- SUITE 714 / SYSTEL BUILDING/ FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 W WW.ENR.STA'I'F.NC. JS/FNIU AN EQUAL OPPOR-rUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% Po5T CONSUM19ER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Tyndall 10-17-01 Page 2 If you have an explanation for this violation that you wish to present, please respond to this office by October 31, 2001. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, M. Paul Sherman Environmental Engineer Cc: Sonya Avant -Compliance Group Trent Allen-DSWC Fayetteville Office Wilson Spencer -Sampson Co. NRCS Glenn Clifton-Prestage Farms Central Files -Raleigh Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O f=ollow up O Emergency Notification O Other [3 Denied Access ilac.ility Number 82 173 flo=e of Visit: 10/11/2401 Time,10:30 Printed nu: 10/1712001 =Not wrational 0 Below 'Threshold ® Permitted 0 Certified 13 Conditional]), Certified © Registered Date fast Operated or Above "Threshold : ........................ Farm N:imc:Tyuda1l.'.5.FlkrKt1............................. County: SAUXIIASMA........................ ................... FRO ............. Owner Name: t�AlXhRr><y..t�t..l.or�l0iiy.......... Tyinti.ala.......................... Plione No: 4.l.Q-S(t7-S.�2G.............. Mailing Address: i5��.�:ixrt11.1.�1.�xc,l3uF1s1................................................................. A.tttu.y IN..N.�........................... .. 28.1,1.11.............. Faciliiy Contact: Atitlwry.lypdall.................... .................Title:Atyner......................... ......................... Phone No:................................................... Onsite Representative.- A1x11ua.trJ.: yrtil.iilt..................................... Integrator: �.ta ttige..F.�rxti5................................. Certified Operator:.A,tltliony................................ Tyyu.da,ll............................................. Operator Certification Number:1.7.911.............................. Location of Farm: F-lwy. 421 north to NC 242. take left, go 1.7 miles, take right on SR 1338, go 2 miles take right on 1006, go 7 miles take a left +� on 1430 (Carrolls Store) go 1.1 miles to farm on left. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 05 30 Longitude 78 36 30 Design Current 9, DMAon. of Waterry QUdlityJ I Design Current Swine Capacity population �O�,Divtston of J. 16 J. .l'111i'�,lR lVri-V !. S31 h. �. Capacity Population Cattle 1.1{S'{{Kt!'1"1111{ r O�Otlierl�Agency5+3�f, jhl ly}.. _.t 6N 1r -11 jl� .�.{; Ir4 J jf � f 1 4 - d ,i llp Jt i' i 4'ISt'I�.thu Y'aV2• }r��.lg{L 5i�1,J�✓.31r'{!. I^'_ k t�f, LJ �yT'IF �1 1. 471 ,c' 4�4Y�F�' ., s .. ,.. ... ... .v L.. dY.+ ,t .: � !rA rJrl� i:�F, a!i'i.l�'- ,f [�1.h :. La:..;. I In.i'',I. tom; •..:1,i, .-.:.e. :-JL .a-.,4. .f!i,i .. .<. �,. i i.r i Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O f=ollow up O Emergency Notification O Other [3 Denied Access ilac.ility Number 82 173 flo=e of Visit: 10/11/2401 Time,10:30 Printed nu: 10/1712001 =Not wrational 0 Below 'Threshold ® Permitted 0 Certified 13 Conditional]), Certified © Registered Date fast Operated or Above "Threshold : ........................ Farm N:imc:Tyuda1l.'.5.FlkrKt1............................. County: SAUXIIASMA........................ ................... FRO ............. Owner Name: t�AlXhRr><y..t�t..l.or�l0iiy.......... Tyinti.ala.......................... Plione No: 4.l.Q-S(t7-S.�2G.............. Mailing Address: i5��.�:ixrt11.1.�1.�xc,l3uF1s1................................................................. A.tttu.y IN..N.�........................... .. 28.1,1.11.............. Faciliiy Contact: Atitlwry.lypdall.................... .................Title:Atyner......................... ......................... Phone No:................................................... Onsite Representative.- A1x11ua.trJ.: yrtil.iilt..................................... Integrator: �.ta ttige..F.�rxti5................................. Certified Operator:.A,tltliony................................ Tyyu.da,ll............................................. Operator Certification Number:1.7.911.............................. Location of Farm: F-lwy. 421 north to NC 242. take left, go 1.7 miles, take right on SR 1338, go 2 miles take right on 1006, go 7 miles take a left +� on 1430 (Carrolls Store) go 1.1 miles to farm on left. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 05 30 Longitude 78 36 30 Design Current Design Current Design Current Swine Capacity population Poultry Capacity Population Cattle Capacity Population ® Wean to Feeder 9120 ID Layer ❑ Dairy ❑ Feeder to Finish 10 Non -Layer JE1 Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other ❑ Barrow to Finish Total Design Capacity 9,120 ❑Gilts Total SSLW. I 273,600 ❑ Boars Number of Lagoons 3 ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field =Urea Holding Ponds / Solid Traps ❑ No Liquid Waste illanagement System DischarLes & Stream Impacts 1. is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. if discharge is observed, was the conveyance than -made;? h. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c.. if discharge is observed, what is the estimated flow in gal/min? d. floes discharge bypass a lagoon system? (If yes. notify DWQ) 2, Is there evidence of past discharge from any pail of the operation'? 3. Were there any adverse impacts or potential adverse impacts to the. Waters of the State other than from a discharge'? %Vaste (:'ollection & 'Freatnient 4. 1s storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Identifier Tamm Antlaom I Anthnn 2 ❑ Yes ® No ❑ Yes ❑ No C] Yes ❑No E] Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No Structure 6 y.................. ................ y.............,..............,...............,.,..................,............................................. Freeboard (inches): 19 34 30 05/03/01 Continued Facility Number: 82-173 Date of Inspection 10/11/2001 Printed on: 10/17/2001 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste ADDlication []Yes `H No ❑ Yes H No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No 10. Are there any buffers that need maintenance/improvement? ❑ Yes H No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes H No 12. Crop type Fescue (Graze) Cotton Soybeans Wheat 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan(CAWMP)? ❑ Yes H No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre detemunation? ❑ Yes ❑ No 15. Does the receiving crop need improvement? H Yes [:]No 16. Is there a lack of adequate waste application equipment? ❑ Yes ® No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes H No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) H Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes H No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes H No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes H No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes H No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes H No 24. Does facility require a follow-up visit by same agency? ❑ Yes H No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes H No No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy ❑ Final Notes 15 - Fescue pasture should be reseeded this fall due to poor stand and low areas in sprayfield. Sampson Co. Soil and Water should be contacted for technical assistance with low areas in the spray field. Low areas collect rainwater. 18 - Need to have Farm Certification forms and lagoon storage calculations for all three lagoons kept with farm paperwork. -Need to pump Tommy's lagoon ASAP @ 19" -Summer competition weeds are dying back in fescue fields. Continure to work on weed control to help promote better fescue stand. TI Reviewer/Inspector Name Paul Sherman Reviewer/Inspector Signature: Date: 05103101 Continued agility Number: 82-173 Date of Inspection IO/l 112001 Printed on: 10/17/2001 'Oddr Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation'? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application.spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No 30. Were any major maintenance problems with the ventilation fan(s) noted'? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑Yes No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No 32. Do the flush tanks lack a submerged till pipe or a permanent/temporary cover'? ❑ Yes ❑ No Add itiona , omments au or raiviiigs: S 05/03/01 iA capim to: it lits 7 ckn Ili W/F tzC MIH 1." 1:16 6.8 0 E [Y O M N a AM & PH P -I K -I &% ft% MID -1 9bi-Al (I)A&-AI (2) Sa-I ffwAt Ow -I &.1 S 4 M" M&N No 66.0 23 5A 42 123 W 15.0 29 34 52 9a 48' 47 15 CU VAOAUxftu !toed AUU71&, NG 283 [8 ofTestReport} r A/ ldI 17 Ald wt FAAm S 81RMG PLC. CTIA FOR an 50 UM SOD xanomist Co4mmenc ~ J pie 11fa- i4d &V Yr YIA Crnp orYmr I.iWe N P1O5 AD Mg Og 2W B A& See Nate [s! Qw: fw/Ocfrm,m 1.2T I?A Im 5O -ill 0 Q 0' 0 � 12 tad Dais M% WIV CC W% Afa-I SAI (1),ft M (2) 1s -I AwW C94 S -I SSI WN AII&N Afs [1N 1.67 US f 6S 66.0 S-4 134 40.0 12.0- 22 30 09 89 44 4 20 4. Alo. Last Ov Yr VA Cr* or Ywr L� N MY 10 Mfg as in 8 mg See ft" FMNGTHtx 1st Crop. Feuo � 1T 1201.2m 34-50 0 0 0 0 0 12 2nd I. Hills Cis M% WIV CWC BM Ac pH P -I K -I Ca% 3*6 ft4 M*.N (!} ti-r1I (a) 204 ZM-M CwI S-1 SS -1 NDN Na Aft 1.5 L 18 7.0 67.0 2. 44 [l0 45.0 15.0 82 12 4 i1 ti.[ MIis _ ' - �' _;, ';� ; }�_ _�.-••�r�=�. -•- � � No. Last Groff a Yr YIA crap or Year �e N mos i1[o � Ca Zn S a& See MO 3 x/%,81 IS Crap: ZeFoMGlfimji LIT 130-300 30-50 0 0 0 0 0 12 2nd it lits 7 ckn Ili W/F tzC MIH 1." 1:16 6.8 0 E [Y O M N a AM & PH P -I K -I &% ft% MID -1 9bi-Al (I)A&-AI (2) Sa-I ffwAt Ow -I &.1 S 4 M" M&N No 66.0 23 5A 42 123 W 15.0 29 34 52 9a 48' 47 15 CU 73 4eba (44d &il APR -26-2002 08:35 DENR CHEMISTRYLABORA_T_ORY 919 733 6241 P.01/01 Sample Canditian Upon Receipt Anomaly Report (SCUR) �W'Y ' • Yy ,1 1""j�1 �,i�'•'i ,Cllr%,�l"w"I .M�,4=5, r�yti��'. 'r��i �! '" ��' �;�{fir',,, .. ,� mr �1, � 'r.Y:Yiii �$+1 �•�..�.1••l.!€�':t �ry • r, 14 L, i Ld •�rry�',4 r`-. , h; hr4r� l '�'r + �' Y14:Y IL'4';'j� y;LL'J',. I, ��*. �R. 'j1 Y. '.Rr• S+L'. ..}��l4Yt44h�: ha ` x , • i,,� 4,} X. '!+l,�h�.;,l, :`' :.3'c �i+.ti�rul �:�;;��rn�''��t$ti10i1;�LOCBt10�:•;•'a�/�'i�JK u _ ; �+ �� �, � .':+ '� a'er V 4=,? :'1+'V^'4v, R;v�Ji4^', aM1l'�':Qb^�'�', �;; i�''II '�' '•sti'���,11:p / h��"v�:��� �1 ,I'I I}.�. f. .�14.� uV .i! f �i �� IAV i'�1 .' � i' +:'Ml 5a4�,' • ' ,�jk i I+' �r li1", 1 �1 . n4r,: �I' IM1i 1 ]' �I .11"': ..1• r �/}��s��.� �'a#r�i?I!a•.,'1,,}�,.?�4', r��,�'4i:"'k�Rr,icerBasin: .��':'.�^'. .,.... r, 4 �, � 1 ��pf- i7 19(71A'tCt a' � �i'i�lr,,�•wYl!Tf,•¢�;;ni.��r,'?'+'•A,�'-�b�;�i{+�:nr'•rr:,��. :.r,'' /� LJ.Time Begin: •'ZYi.y'rr �',+l`; tl'L; ,� ,5 �:��'�� � . �Irxl'� Vi 5 S'.'erc•„r;�t•rJb �t• r:..,;'t ha � +',S.'.; ��';''.,' �, ,,�. .'!r � � , ��bt��l .;�,.:.� :•. '� '” ,t, 1+•�v;,,�l�:�'� �;�,:��,:�;.:;w�;'•i'y�:Sarripte;;I�pe:l' , ,c4 Yi }�:;i 4.1 r''' i, G,r",., 'i, „r S' JI ''id..4;l�lp,., � 4 ','l' •'St.,i,%�; ' .� � L' p4444 ��'�•ra,�•� u�ds,l�'1�41�}.,,h �'iv, ', ,1+iLA��.�, I.d. I . }Z'!I d Y ! 1 rr �; IT�'+`}h w•�' IL'S'.:µ41n�•:!;L'!,7 !'.w;,, i. :i, `'� .``.;+' i �:'P;�,.i w8.:.�T i ..e . • +.�. . 1 .. , , , The condition of these samples were not acceptable because (check allVt apply): • Coolers 3 Samples (affected samples are described below) ❑ Samples were not received on wet ice Samples not received, but listed on fieldsheet ❑ No temperature blank submitted ❑ Samples received, but not listed on fieldshcet t Roc 0 Cooler T° reading: °C ❑ Samples not received, but listed on COC ❑ Temperature >6°C. To reading: °C ❑ Samples received, but not listed on COC ❑ Samples frozen O Mislabeled as to tests, preservativcs, etc. ❑ Holding time expired o Containers 0 Improper container used 0 Leaking 0 Insufficient quantity for analysis O Broken ❑ Without labels C3 VOA vials with headspace O Sulfide samples with headspace 0 Container Labels U Not the same ID/info. as on COC C1 Not the same ID/info. as on fleldsheet ❑ Incomplete. Missing the following: ❑ Station #!Sample ID , M Collection date 0 Collector ❑ Analysis ❑ Preservative Cl Other: ❑ Markings smeared or illegible , C1 Tom Comments: . I Corrective Action: ��.•-- ;gym � -, r 4�. 1'� -Atepfed' ai�t'i`�fs p rG;i'`�klcct'ed`.ari�dr'a !n'' °'tSai�ple�s):oa:lil 41 D .',Qfhef Qy ��(ain 13e'rsop Cont ct'dd' : AChain of custody 0 No custody seals 0 Custody seals not intact ❑ Not relinquished, ❑ No date/time relinquished x0 No signature Incomplete information ❑ Documentation O Fieldsheet wet/illegible o Fieldsheet incomplete: 0 Records not written in indelible ink Q Otherl ecif : ected by.I)W.L'a�s_'rAut}iorized- �y'ze .per,,coIecipr'•srequestafter,notifying the 'dollector., tlyzed after`notifyuig the,clierif'and,determining that andiher sample could not be secured. d until: f,� •. , .- . � . ! , ' .I ' >-'. ... -01 Unit Leader'Review (initial): NUT WCH ' QAIForm65unp1e Rcceiving\SCUR k/( Form completed by: _+"Pate: Aq .17- ,Z/ r VOA SVOA _ MET PEST MIC b TOTAL P.01 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED ANTHONY & TOMMY TYNDALL 1594 CARROLL STORE ROAD AUTRYVILLE NC 28318 Dear Anthony & Tommy Tyndall: N'CDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 � ��^—/ _ May 23, 2001 1...�' MAY ,3 0 2001 [-J O Subject: Notice of Violation and Revocation for Nonpayment Tyndall's Farm Permit Number: A WS820173 Sampson County In accordance with North Carolina General Statute 143-215.1 OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 2/26/1999. Your annual permit fee for the period of 2/26/2001 - 2/25/2002 is $150.00. Your payment was due 4/14/200 1, Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H.0205 (c) (4), and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Fayetteville Regional Office Sampson County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper G North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor Sherri Evans -Stanton, Acting Secretary Kerr T. Stevens, Director January 18, 2001 Mr. Anthony Tyndall 1594 Carroll Store Road Autryville, NC 28318 Dear Mr. Tyndall : " 0 0 NCDENR On October 20, 2000 the Fayetteville Regional Office of the Division of Water Quality issued the enclosed Notice of Violation (NOV) for failure to maintain the required lagoon freeboard in one of your lagoons. This letter was mailed to the above address and was returned to our office on November 2, 2000 after several attempts to deliver failed. This morning in a telephone conversation I informed you that the enclosed NOV would be redelivered by Certified Mail and that your response date has been established as January 31, Lfffil. In your response please give a short explanation as to why the NOV was not delivered previously in addition to the other requested information in the NOV. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist o, jot/) Ai 225 GREEN STREET- SUITE 7141 SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 ar PHONE (910) 486-1541 FAX (910) 486-0707 WW W.j jVR.STA1 j.NC,USIENR/ AN UAL 0 PORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/t0% POSTCONSUMER PAPER DENR TOLL FREE HOTLINE: i-877-623-6748 ar NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 20, 2000 CERTIFIED MAIL ' RETURN RECEIPT REQUESTED Mr. Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE 140v o- 2 2000 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820173 Tyndall Farm Facility No. 82 - 173 Sampson County Dear Mr. Tyndall : You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On September 25, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the lagoon level at the Tyndall Farm in Sampson County after being advised of the high freeboard level identified by the Division of Soil and Water during their routine review of the facility the previous week. The inspection revealed that the freeboard level of the lagoon (17 inches) was less than the minimum required in the General Permit for this facility. The General Permit condition III.6.e.states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the. following events: e. Failure to maintain storage capacity in a lagoon /storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following items be addressed: 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits in accordance with your CAWMP, r9'5r t'N.-�''A 11 r ICA' 228 GREEN STREET, SUITE 714 1 SYe TEL BLD. FAYETTEVILLE, NORTH CAROLINA 2e301-5043 pHoNE BTO.488-154T FAX 910.486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER � t'`p+�1 IMEB B fiUiV`C JR^ SYVERNOR ' ' �t?FLHOI,MAN' ar NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 20, 2000 CERTIFIED MAIL ' RETURN RECEIPT REQUESTED Mr. Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE 140v o- 2 2000 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820173 Tyndall Farm Facility No. 82 - 173 Sampson County Dear Mr. Tyndall : You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On September 25, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the lagoon level at the Tyndall Farm in Sampson County after being advised of the high freeboard level identified by the Division of Soil and Water during their routine review of the facility the previous week. The inspection revealed that the freeboard level of the lagoon (17 inches) was less than the minimum required in the General Permit for this facility. The General Permit condition III.6.e.states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the. following events: e. Failure to maintain storage capacity in a lagoon /storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following items be addressed: 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits in accordance with your CAWMP, r9'5r t'N.-�''A 11 r ICA' 228 GREEN STREET, SUITE 714 1 SYe TEL BLD. FAYETTEVILLE, NORTH CAROLINA 2e301-5043 pHoNE BTO.488-154T FAX 910.486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIYIsION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE October 20, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820173 Tyndall Farm Facility No. 82 - 173 Sampson County Dear Mr. Tyndall: You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H.0217 Permit. On September 25, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the lagoon level at the Tyndall Farm in Sampson County after being advised of the high freeboard level identified by the Division of Soil and Water during their routine review of the facility the previous week. The inspection revealed that the freeboard level of the lagoon (17 inches) was less than the minimum required in the General Permit for this facility. The General Permit condition 1 I.6.e.states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon /storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following items be addressed: 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits in accordance with your CAWMP. 22B GREEN STREET, SUITE 714 / SVSTEL BLO, FAYETTEVILLE, NORTH CAROLINA 28801-8048 PHONE 810-488-1541 FAX 810-488-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLEOl10% POST -CONSUMER PAPER Tyndall Farm Page 2 October 20, 2000 2. Report the freeboard level to the Fayetteville Regional Office in accordance with your General Permit within the required time frame. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information the Fayetteville Regional Office of the Division of Water Quality is considering forwarding a recommendations to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000,00 per day per violation. If you have an explanation for these violations that you wish to present to this office please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before October 31, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following address: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Robert Heath, Environmental Specialist or myself at (910) 486-1541. Sincerely, Paulw E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Glen Clifton - Prestage Farms I F , North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor Sherri Evans -Stanton, Acting Secretary Kerr T. Stevens, Director January 18, 2001 Mr. Anthony Tyndall 1594 Carroll Store Road Autryville, NC 28318 Dear Mr. Tyndall: LTI.EWA NCDENR On October 20, 2000 the Fayetteville Regional Office of the Division of Water Quality issued the enclosed Notice of Violation (NOV) for failure to maintain the required lagoon freeboard in one of your lagoons. This letter was mailed to the above address and was returned to our office on November 2, 2000 after several attempts to deliver failed. This morning in a telephone conversation I informed you that the enclosed NOV would be redelivered by Certified Mail and that your response date has been established as .Lanuary 31, 20-Q1. In your response please give a short explanation as to why the NOV was not delivered previously in addition to the other requested information in the NOV. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, / �j _ f•�`- i/moi Robert F. Heath Environmental Specialist 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.., ; N '. 1 r AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED110% POSTCONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Vt;a NORTH CAROLINA DEPARTMENT OF • ENVIRONMENT AND NATURAE., RE5OURcEs October 20, 2000 CERTIFIED MAIL RETUM RECEIET REQUFSTED Mr. Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 DIVISION OF WATER QUALITY F'AYETTSv1LL1~ RFEGIONAL OFFiCF- NOV P 2000 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820173 Tyndall Farm Facility No. 82 - 173 Sampson County Dear Mr. Tyndall : You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H' .0217, you have been found to be in violation of your 2H .0217 Permit. On September 25, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the lagoon level at the Tyndall Farm in Sampson County after being advised of the high freeboard level identified by the Division of Soil and Water during their routine review of the Cacility the previous week. The inspection revealed that the freeboard level of the lagoon (17 inches) was less than the minimum required in the General Permit for this facility. The General Permit condition I11.6.e.states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the - following events: e. Failure to maintain storage capacity in a lagoon /storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following items be addressed: 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits in accordance with your CAWMP. 225 GREEN STREET, SUITE 71[4 / 9YSTEL BLL, FAYETTEVILLE, NORr" CAROLINA 2 990 1-504 PHONE 910-486-1541 FAX 910-436-0707 AN EQUAL OPPORTUNITY / AFFIRMATIvE ACTION EMPLOYER - 50% RECYCLEO/1046 POST -CONSUMER PIPER 2 tiq q, Y Vt;a NORTH CAROLINA DEPARTMENT OF • ENVIRONMENT AND NATURAE., RE5OURcEs October 20, 2000 CERTIFIED MAIL RETUM RECEIET REQUFSTED Mr. Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 DIVISION OF WATER QUALITY F'AYETTSv1LL1~ RFEGIONAL OFFiCF- NOV P 2000 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820173 Tyndall Farm Facility No. 82 - 173 Sampson County Dear Mr. Tyndall : You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H' .0217, you have been found to be in violation of your 2H .0217 Permit. On September 25, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the lagoon level at the Tyndall Farm in Sampson County after being advised of the high freeboard level identified by the Division of Soil and Water during their routine review of the Cacility the previous week. The inspection revealed that the freeboard level of the lagoon (17 inches) was less than the minimum required in the General Permit for this facility. The General Permit condition I11.6.e.states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the - following events: e. Failure to maintain storage capacity in a lagoon /storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following items be addressed: 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits in accordance with your CAWMP. 225 GREEN STREET, SUITE 71[4 / 9YSTEL BLL, FAYETTEVILLE, NORr" CAROLINA 2 990 1-504 PHONE 910-486-1541 FAX 910-436-0707 AN EQUAL OPPORTUNITY / AFFIRMATIvE ACTION EMPLOYER - 50% RECYCLEO/1046 POST -CONSUMER PIPER �r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY F'AYETTEVILLE REGIONAL OFFICE October" 20, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Tommy Tyndall 1594 Carroll Store Road Autryville, NC 28318 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820173 Tyndall Farm Facility No. 82 - 173 Sampson County Dear Mr. Tyndall : You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 211 .0217, you have been found to be in violation of your 2H .0217 Permit. On September 25, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the lagoon level at the Tyndall Farm in Sampson County after being advised of the high freeboard level identified by the Division of Soil and Water during their routine review of the facility the previous week. The inspection revealed that the freeboard level of the lagoon (17 inches) was less than the minimum required in the General Permit for this facility. The General Permit condition III.6.e.states: "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours.following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon /storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following items be addressed: 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits in accordance with your CAWMP. �`•1 IJ i 'A pl G 01'1 G'Afr ( 1 0 I 0 225 GREEN STAKEY, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-SO43 PHoNS 910-488-1541 FAX 910-488-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CW48UMER PAPER Tyndall Farni Page 2 October 20, 2000 2. Report the freeboard level to the Fayetteville Regional Office in accordance with your General Permit within the required time frame. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information the Fayetteville Regional Office of the Division of Water Quality is considering forwarding a recommendations to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before October 31, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following address: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Robert Heath, Environmental Specialist or myself at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Glen Clifton - Prestage Farms 04/30/02 TUE 16:25�FAX 910 592 9552 PRESTAGE FARMS . i ti• April 29, 2002 Dear Mr. Heath: d i r This is in response to the incident of April 23, 2002. I pulled the reel out on April 22, 2002 and forgot to lock in the reel.'so it will come in. I pumped for 5 to 6 hours. On April 23, 2002, Glenn Clifton with Prestage harms, Inc., came to the farm to look at the fields and rewrite my WUP and I was late for my appointment. Glenn walked around the spray field acid Found that wastewater was leaving the spray field by way of a temporary cutch constructed to remove surface water. Glenn contacted my Dad and they took a front-end loader and filled the ditch to stop wastewater from leaving the site. This was done at approximately 9:30 AM. Bob Heath was contacted on April 24 at 9:00 AM, and he came to the farm,that afternoon to investigate the problem. I have estimated that approximately 10,000 gallon lett my site before the ditch was stopped up. On April 25 wastewaLer that had aectunulatcd in the spray field was pumped back into the lagoon, and was also pumped Wthe 26''. post-it- Fax Note 7571 of— pate page -9 To g j� e a T lk From CL I F TO 4 c°JQept"Dv, 0 ro. PFS Phone N . S Phoneg`�'��Z' Fax it la 00.1 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director MEMORANDUM �EHNR January 5, 1998 TO: Fayetteville Regional Water Quality Supervisor FROM: Sue Homewood 94 - SUBJECT: Notification of Facility Number Change RECEIVED JAIL 0 8 1998 FAYETTEVILLE REG. OFFICE The following changes have been made to the Animal Operations Database. Please make appropriate changes in your files. Facility numbers 82-173 and 82-174 were combined under one facility number; 82.173. Facility number 82-174 was deleted from the animal operations database. If you have any comments or questions please feel free to call me at (919) 733-5083 ext 502. P.O. Box 29535, Raleigh, North Carolina 27526.0535 Telephone 919-733-5083 Fax 919-715-5048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper O�OF W A. 0 co r Mlchael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources 17 "� Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Anthony & Tommy Tyndall 1594 Carroll Store Road Autryville NC 28318 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Tyndall's Farm #82-173 Sampson County Dear Sir or Madam: /v sir M�. � • . M` a _' .' -.. .. " is 2OC� u On April 11, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is,in non-compliance with the Certificate of Coverage issued to this facility on February 26, 1999. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal . NCDENR Customer Service: Mailing address: Telephone (919) 733-5083 Location: 1-677-623-6748 1617 Mail Service Center Fax (919)733-0059 512 N, Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Ralelgh, NC 27699-1617 An Equal Opportunity /Affirmative Action Employer 50% recycled 110% post -consumer paper http✓1h2o. enr. stat e. nc. us CERTIFIED MAIL RETURN RECEIPT REQUESTED Anthony & Tommy Tyndall 1594 Carroll Store Road Autryville NC 28318 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Tyndall's Farm #82-173 Sampson County Dear Sir or Madam: Michael F. Easley Governor Wllllam G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality � April 16 2003 p �' Fes` �' l� r r•� "., '3 2003 On April 11, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on February 26, 1999. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement -action by DWQ.' This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: - Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal NZbrNR Customer Service: Melling Address: Telephone (919) 733.5083. Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier 4152.01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled 110% past -consumer paper httpY1h2o. enr.stats.nc.us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) _ Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely, //an W. Klimek, P.E. or cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files Information contained in this database is from non agency sources and is considered unconfirmed. Animal Operation Telephone Log 17-3 DWQ Facility Number 82 —® Date 3/6/2003 Farm Name Tyndall and Son Time Caller's Name JANTHONY TYNDALL Control Number 11745 ® Reporting Q Complaint Region IFRO Caller's Phone # Access to Harm Lagoon 211estions, Farm Accessible Breached Q Yes Q No from main road 10 Yes Q No Inundated 10 Yes Q No Overtopped 10 Yes Q No Animal Po Water onpulation Outside Wall O Yes Q No Confined 10 Yes Q No Dike Conditions 10 Yes Q No Depop 10 Yes Q No Feed Available 10 Yes Q No Freeboard Level Mortality 10 Yes Q No Freeboard Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK Lagoonl 16 3/8/2003 Spray Availability Lagoon2 18 3/8/2003 Pumping Equipment 10 Yes Q No Lagoon3 Lagoon4 Available Fields O Yes O No Lagoons 7 0 0 Lagoon6 NTERED BY PAUL RAWLS ....._�,�...:..... s.� .... 2 .. -- e --.--.--.--........ ............................ ............................... - --._._._._.___._-----_____•_._._.___.W�`�=°-�----��lucc�--- ���-'�-----ahs---�.�3s_. Lo JOHN HAS'FY Comments2 Information contained in this database is from non agency sources and is considered unconfirmed. Animal Operation Telephone Loi DWO Facility Number 82 173 1 Date 3-6-2003 Farm Name yndall's Farm Time Caller's Name jAnthony Tyndall Control Number 12915 ® Reporting O Complaint Region JFRO Caller's Phone # Access to Farm Lagoon Questions Farm Accessible from main road 10 Yes O No Breached 10 Yes O No Inundated 10 Yes O No Overtopped 10 Yes O No Animal Pnnulatiun Water on O Yes O No Outside Wall Confined O Yes ONO Dike Conditions 10 Yes O No Depop 10 Yes O No Feed Available 10 Yes O No Freeboard Levet Mortality 10 Yes O No Freeboard Plan Due Date Date Plan Date Freeboard Inches (?equals blank) Received Level OK Lagoonl 16 3/8/2003 Iu Sprav Availability Lagoonl 18 3/8/2003 Pumping Equipment 10 Yes O No Lagoon3 Lagoon4 Available Fields O Yes O No Lagoons ? u Lagoon6 n 4-11-03 received a POA for lagoon number 3 at 10 inches. This was the first time we were aware that e.Leg oan..had-risen.to.this..ieuel.............................._........_.._.._.._.._....._.._.._.._........_.............._.._.._......-._.._.. obn H Comments2 Information contained in this database is from non agency sources and is considered unconfirmed. Animal Operation Telephone Log DWQ Facility Number 82 — 173 Date 7-9-2003 Farm Name Tyndall's Farm Time 111.35 Caller's Name jAnthony Tyndall Control Number 13485 Q Reporting O Complaint Region JFRO Caller's Phone # 910-567-5496 Inundated 10 Yes O No Access to Farm Lagoon Questions Farm Accessible Breached 10 Yes O No from main road 10 Yes O No Inundated 10 Yes O No Overtopped 10 Yes O No Animal Population Water on O Yes Q No Outside Wall Confined 10 Yes ONO Dike Conditions 10 Yes O No Depop 10 Yes O No Feed Available 10 Yes O No Freeboard Level Mortality 10 Yes O NO I Freeboard Plan Due Date Inches (? equals blank) Date Plan Date Freeboard Received Level OK Lagoon1 23 L'�_I Spray Availability Lagoon2 17 7/11/2003 7 - j f _03 Pumping Equipment 10 Yes O No Lagoon3 17 Lagoon4 I? I� Available Fields 10 Yes O No Lagoons ? Lagoon6 u 0 ONES -9- Talked with Tom Tyndall on 7-7-03 and asked him to have Anthony call me and report his levels. Met with thartX_Tyndadl,on.7.-9 =03...Cautioned. him -an: neeri.Jn_repalt.tn_tlais. office. his.high.freebnard-.incidents..as.. .ell. as. ce�d..fQr.P. Q.A.it7fQrxn.atiQ.�.ara�d.a�hec.the_.I.agQQx�s.�re. �a.�.kk_ire.cem�lian�e,.J�a.de..him.i�war.�. that....... asar.r. .ard .dn.nat.in�i ai~e..t��.r.� Qx��es�.tsa.�lQu_;aen fa.�iis_far_m_.earliexSbis..year .ExPJ.ainedlhattie.._........ sh uldsend.ftl_informatao,-Qn-tbjs.-datQ-twP Qf.thP._tbr eJawnn-w-ere_o-ut of_rompliano-ansJ_t�e------._._. committed to sending in the PDAs by COB 7-11-03. LCB ........... ..........".....,....",.,...,.............. .,.................. ....................................................................................................... ............................. ................................................................................................................................................................................................................................................................................... �3'}j��L}}"=h�`��`�"4�'�� E`4"�y'�ir;A,: i�x4i�tE��>h.w�"&�i�£iN�?.,4�rvil^.='o�^.itr}.r;iyK�re'�i�SnYr.r�:?,YWriM"'��T`.:lrw','PH:i."F.'sY�C�=;i.�f�.i➢'v�L:>�.'�;T..Y�GH.4r�C'�Y'.6�,-.}."^rr, :rb �:{J�titi 3,+:�.iX�P`iF�'`e4�Kri?iF': i�i`':Y'h i:yw,.;,�" persorntakiliidiirharry Baxley /5 s[ srScl".'k EecleG3t E[ roar✓ S! Q5t;5?°,5 €hxY..i-ati+4�:� r� r:, Elia€fr[7'?�,1y'sir�a aiL-ii" CI'?y�r. �:'• A.e Nils 3�.n 3- ^�: �., - .�.y, �,' r 'i z. �`' �9Ai h 'F � i, ,r #';, -E ¢}�9 "R ' E a r '� ¢t` '`'_; a ' Y � ' Sf• i'? "4^r�P'zs 4'b r i� 1'i ' 4r: �. daif„,�iW ! r a 2..4. tc. % • ,�, i., .i r:" '"�"; ymti,''�h�� y�i};� �'r��P.ar:,��i �'�� 41 E 'k �4'�'�'i:�ur� �3+��5. oy a •� Comments2 !� o _/ TO 39Vd dusn Z6OEO69OT6 9b:TT 6OOZ/TT/LO 07/11/2003 11:46 9105903092 USDA PAGE 02 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL Facility Number. 82-173 Facility Name: Tyndall #2 Certified Operator Name: County. Sampson Operator Number. 'e-r'Joll � FACILITIES 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. Lagoons Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: AT*2 Spiitway(Y or N). N Level(inches): 17 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 34 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 flan of Action Is attached, Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume 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 DWO 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 an 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: t 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. Phone: fg, Facility 0 ner anager (pant Date: Facility Owner/Manager (signature) 07111/2003 11:46 9105903092 USDA PAGE 03 11, TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 26 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY r. acres 1, Structure ID: Lagoon #2 line m = 138.1 Ib PAN 2. Structure ID: line m = Ib PAN 3. Structure ID: line m = lb PAN 4. Structure 1D: line m = Ib PAN 5. Structure ID: line m = Ib PAN 6. Structure ID: line m = Ib PAN n.lines 1+2•+3+4+5+6= 138,1 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PFRInn_ Do NOT LIST FIELDS TO WHICH PAN CANNOT HE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. Meld # q. crop r. acres s• remaining IRR- t. TOTAL PAN u, appllcatlon window' 2 PAN balance BALANCE: FOR (/Macre) FIELD {lbs.) cohmn r x s 695 1 Fescue 4.84 i 225.00 1089.0 Se -Au 695 2 SA 4.71 410.00 518.1 Apr -Jul . 695 3 Fescue 140 225.00 755.0 Sept -Aug 695 4 Fescue 1.31 225.00 294.6 Se -Au 695 5 Fescue 2.63 225.00 591.8 Se -Au 695 6 Fescue 2.32 200,00 464.0 Sep! -Aug 695 7 Fescue 4.70 200.00 940.0 Se -Au 695 8 Cotton 5.10 2.00 10,2 A r -Au e95 9 Cotton 2.12 83.90 177.9 Apr -Aug 695 10 Cotton 4,04 94.00 379.8 6 r -Aug 695 11 Cotton 2.88 94.20 250.8 Apr -Aug 695 12 Cotton 4.97 111.00 551.7 Apr -Aug 695 13 Cotton 3.94 68.10 268.3 Apr -Aug e95 14 Cotton 1.05 111.00 116.6 Apr -Aug '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) = 6417.5 Ib. PAN IV. FACILITY'S PcA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 138.1 Ib. PAN Dna ren r,5.j► wii inn 07111/2003 11:46 9105903092 USDA PAGE 04 x. Crop's remaining PAN balance (line v from section Ill) = 6417.5 Ib. PAN y. Overall PAN balance (w - x) a -6279 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, head 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 bnA Nn n—A ")n4/nn 07/11/2003 11:46 9105903092 USDA PAGE 05 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 Namelldentifler (ID;AT [Lagoon #2 2. Current liquid volume In 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches In red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 24056 ft' e. line c/12 x line d x 7.48 gallons/if 29990 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 1 22326 ft3 h. current herd #F-3-04(1) certified herd #1 3040 actual waste produced = current herd # x line g certified herd 0 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 JSIOH03 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 22328 ft 01ft3 15166 ft3 46740 gallons 1.80 Ibs/1000 gal. 138.1 lbs. PAN 07/11/2003 11:46 9105903092 USDA PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FAC Facility Number: 82-173 Facility Name: Tyndall #3 Certified Operator Name' County; Sampson 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 NameliD: TT#3 Spiliway(Y or N): N Level(Inches): 17 _ 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 elevatlons for one or more etructures. A 34 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this pian is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWO 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. 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 Phone: — Facility w r/M ger (print Date: Facility Owner/Manager (signature) PAGE 06 f 07/11/2003 11:45 9105903092 USDA II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR -124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY s. remalning IRR- t - TOTAL PAN u. application window' 2 PAN balanoe BALANCE FOR (Ib/acre) FIELD (lbs-) column r x s 1. Structure ID: Lagoon #3 line m = 198.4 Ib PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m = Ib PAN 4. Structure ID: line m = Ib PAN 5. Structure ID: fine m = lb PAN 6. Structure ID: line m = Ib PAN PAGE 07 n.lines 1+2+3+4+5+6= 198,41bPAN Ill. TOTAL. PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PpRlnn_ nn NOT LIST FIELnS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r, acres s. remalning IRR- t - TOTAL PAN u. application window' 2 PAN balanoe BALANCE FOR (Ib/acre) FIELD (lbs-) column r x s 695 1 Fescue 4.84 225.00 1088.0 Se t -Au 695 2 SA 4.71 110.00 518.1 Apr -Jul 895 3 Fescue 3.40 225.00 765.0 Sept -Aug 695 4 Fescue 1.31 225.00 294.8 Sept -Aug 695 5 Fescue 2.63 225.00 591.8 Se -Au 695 6 Fescue 2.32 200.00 464.0 Se -Aug 695 7 Fescue 4.70 200.00 940.0 Sept -Aug 695 8 Cotton 5.10 2.00 10.2 A r -Au 695 9 Cotton 2.12 83.90 177.9 Apr -Aug 695 10 Cotton 4.04 94.00 379.8 Apr -Aug 695 11 Cotton 2.66 94.20 250.6 Apr -Aug 695 12 Cotton 4.97 111.00 551.7 Apr -Aug 695 13 Cotton 3.94 68.10 268.3 Apr -Aug 695 14 Cotton 1,05 111.00 116.6 Apr -Aug 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 Q = 6417.5 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 198.4 Ib. PAN 07/11/2003 11:52 9105903092 USDA PAGE 01 x. Crop's remaining PAN balance (line v from section Illy w 6417.5 Ib, PAN y. Overall PAN balance (w - x) a -8219 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, hard 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 a.,e Mn n -2%A 1111 Inn 07/11/2003 11:52 9105903092 USDA PAGE 02 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 Namelldentifier (ID: TT Lagoon #3 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr./24 hr_ storm & structural freeboard 19.0 inches c. line b - line a (Inches in red zone) - 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 22446 ft e. line c/12 x line d x 7.48 gallons/ft3 27983 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design. 180 days g. volume of waste produced according to structural design 2232fi ft3 h. current herd #F--3-04-01 certified herd # 3040 actual waste produced r- curLnt_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 1. current waste analysis dated 6/0//03 M. ((Ilnes e + k)/1000) x line 1= REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click an the next Structure tab shown below) _PnA rfir} nav1 ,>mi /nn 22326 ft3 ....� 0 f3 14175 ft3 45505 gallons 2.70 lbs/1000 gal. 198.4 lbs. PAN