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HomeMy WebLinkAbout820367_ENFORCEMENT_20171231NUH I H UAHULINA Department of Environmental Qual Ali NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary AQUIFER PROTECTION SECTION July 22, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Zack McCullen 1058 Wynn Rd. Clinton NC 28328 Subject: NOTICE OF DEFICIENCY / NOD-2010-PC-0867 D&Z Farms Sampson County Incident No. 201000777 Dear Mr. McCullan: On February 8, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Zack McCullan of a high freeboard level in the lagoon 1. We wish to thank Mr. McCullan for notifying DWQ of this incident. As a result of this incident, 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 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. A WG 100000. On February 8, 2010 a lagoon/storage pond level was documented at 18.00 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: www.ncwaterguality.oro 225 Green St., Ste. 714 Phone: 910-433-3300 Fayetteville, NC 28301 FAX 910-48"707 An Equal OpportunityMrmative Action Employer - 50% Recycled110% Post Consumer Paper One NorthCarolina XIAMMIY Mr. McCullan July 22, 2010 Page 2 Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. A compliance inspection was done 07/19/2010 and all records were reviewed and the date and time lagoon was returned to compliance on 03/21/2010. If you have any questions concerning this notice, please contact me at (910)-433-3300_ Sincerely, Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick, CAFO Unit Sampson Soil and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Prestage Farms HIGH FREEBOARD NOTIFICATION FORM Staff please retain your original and place a copy in the High Freeboard Notification Box located in Richard Canady's office. Person Receiving Notification 1�iL% ee- 1�� Facility Number Bz - 367 Date Received Z Farm Name D 1 Z FF rns Time S: iox. Caller's -Name Zack_ ML& c Af,_nr LTr Caller's Telephone Numbers Home# S` 3 - 3 o Cell# Farm # - Pager# For'all callers PLEASE obtain a phone number where they can be reached at any time. (Cell phone numbers, home phone numbers, farm phone numbers, pager numbers) Tell the caller -that a member of the CAFO unit or Paul Rawls will contact them as soon as possible. Freeboard (in inches) Lagoon # 1 1 o r� Lagoon # 4 Lagoon # 2 Lagoon # 5 Lagoon # 3 Lagoon # 5 Do not instruct the caller on the action they should take. That is up to the caller. Remind them that they are to remain in compliance with their Permit and Waste Utilization Plan. Make the caller aware that you are assigning a tracking number to their call. Give the caller the tracking number and tell them to use this number for all future contacts about this particular incident and when they call back reporting they are back into compliance. High Freeboard Level Tracking Number is Thank the caller for their cooperation. ----------------------------------------------- *Water Quality Staff Only* If the caller indicates that the lagoon level is <12 inches, contact one of the CAFO staff AND Paul Rawls. Do not leave a note, e-mail or voicemail without contacting the CAFO staff AND Paul Rawls.directIy on any report of <12 inches. Treat any report of <12 inches as an emergency event. *CAFO STAFF ONLY* Establish a Filemaker/ BIMs Entry number for this report. 2- o j o o o -7-7 7 Print the Filemaker/ B1Ms Entry and attach it to this form_ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water quality CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Zack McCullen III 1058 Wynn Road Clinton, NC 28328 October 17, 2003 Subject: Clarification of NOV Status No Further Action D & Z. Farm ##82-3b7 Sampson County Dear Mr. Zack McMullen III : Thank you for your recent discussions with this office on the Notice of Violation (NOV) you received dated August 22, 2003. That letter stated that the NOV was for freeboard in the structural range. Based on your comments and review of our files you were correct in that the lagoon levels were not in the structural range. Based on that information, this letter rescinds the NOV issued on August 22, 2003. However, upon review and further consideration of the information submitted, the Fayetteville Regional Office has determined that an NOV is appropriate. Records submitted indicate no land application events on receiving crops between June and November of 2002. This office feels that by failing to apply waste during that period freeboard levels rose to an unacceptable level. The Fayetteville Regional Office has determined that no further enforcement actions will be taken by the Division for the inadequate freeboard in this case. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. AMA NCO Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity! Affirmative Action Employer 50% recycled 1 10% post -consumer paper http://h2o.enr.state.nc.us Inadequate Freeboard Page 2 October 17, 2003 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910486-1541. ce Paul E. Rawls Regional WQ Supervisor CC: File 82-367 Non -Discharge Compliance and Enforcement Unit DWQ Central Files r W A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 22, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Zack McCullen III 058 Wynn Road Clinton, NC 28328 ` Subject: Inadequate Freeboard No Further Action D&ZFarm 482-367 L f ,v�U� w� �nrG✓� Sampson County tie 4� Dear Mr. Zack McMullen I II : r}/� ry s�r� o `S a-U c �s 0� t aV Wclu- Thank you for your recent discussions w' this office on the NOV you received dated Augut ,� i� nc� 3. That letter stated that the NO was for freeboard in the structural range:a-iris-l3eiitg r owever, upon review an consideration of the information submitted, the G Fayetteville Regional Office has determined that an NOV is appropriate h a ecords submitted indicate no ral Sly h°1- p between June and November of 2002.,E 7<�_ R' 6 "` %-,cf ctyp 1, r«4 c = mC roes �C�r The Fayetteville Regional Office has deteri ed that no further enforcement actions will be S y'�/ c taken by the Division for the inadequate freeboard ;, t^;, Cfa _ 'SSU�' u In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Customer Service: 1 800 623-7748 .r Mailing Address: 1617 Mail Service/ Raleigh, NC 27699-1617 r�-' Telephone: (919) 733-5083 Location: Fax: (919) 733-0059 512 N. Salisbury St. State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity! Affirmative Action Employer 50% recycled 1 10% post -consumer paper http:1/h2o.enr.state.nc.us Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910486-1541. Sincerely, Paul E. Rawls Regional WQ Supervisor CC: File 82-367 Non -Discharge Compliance and Enforcement Unit DWQ Central Files Zack McCullen Jr. On October 20, 2003 Mr. Paul Rawls tried to contact Mr. McCullen at two phone numbers we had for him. Both attempts were unsuccessful. Mr. Rawls did leave a message asking the gentleman to call this office. The phone numbers were as follows: 910 — 596-5775 left message 910 — 592-3321 no answer. High Freeboard Evaluation Form Facility Name: 1) � 0 r�c-f-m S - Facility Number: &4 - 36, Person Completing Form: P -5ie� m5�,n Date Form Completed: 5/ ryly3 Date Information Due to DWQ: Extension Due Date: Information Received: Current Freeboard Yes ✓ No Date information received J5 / I f C 3 Level(s) (in inches) a3 Freeboard Levels for Previous 12 Months Yes r/ No _ Incomplete Spraying Records for Past 12 Months Yes ✓ No — Incomplete Rainfall Records For the Past 12 Months Yes /No NIA alincomplete Cropping and PAN Information Yes ✓ No Incomplete Summary of Actions T en to Restore the Needed Freeboard(s) Yes No incomplete Description of Water Conservation Measures In Use Yes ✓ No Incomplete An updated POA if the Freeboard is still in Violation Yes _ No — NIA Detailed Description of Actions Taken or Proposed to be Yes ✓NO Taken to Prevent Future Freeboard Violations Incomplete Date High Freeboard Level Was First Reported to DWQ by Producer Date of First Violation from Farm Records 34 3w 3 Items proposed in the Plan of Actions to Bring the Facility Back into Compliance Pump and Haul Remove Animals Delay Restocking Add Land to NMP Add Application Equipment Spray when site is acceptable Others (Please Specify) HFEF 5-12-03 Information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed) Lagoon I Storage Basin (Check as Appropriate) Lagoon or Storage Basin Identifier -P-- I Design Total Days of Storage for the Facility (From CAWMP) Stop Pump Level for lagoons or the bottom of the storage basin (inches) Lowest Liquid Levels Reported in the month of. Month August September October November Date �r/ s-/o A 9/5/;t 10l(, la lI /aL4%a Level (in inches) 3q a13, a-1 a ce Required Minimum Freeboard (red zone in inches): Does the Minimum Include a Chronic Rainfall Factor Yes Recorded Freeboard Violations Date Level (in inches) 3n/U 1 -7 Date POA Submitted nJ/R 1);d ,,4 s.- JP Roq No 5 or 30 day HFEF 5-12-03 2 Facility PAN Balance From the CAWMP (pounds) — f 9 V Did the Facility Comply with its NMP for the Past 12 Months Yes ZNo If No, What Violations Were Identified: From the review of the facilities irrigation records, does it appear that the facility made optimal use of the days when irrigation should have taken place. If not, please explain: Ajo annt'cJ,'un 4, barrvJo. cy-oP K'04) 4,_,h:1Al�_. If the Facility has Installed Water Conservation Devices, what devices were installed and when: wr, {rtr ha.rQ .'Asw L'n A 41,rcz & '-ter►s What Actions -have been taken or proposed to be taken by the Facility to Prevent Future High Freeboard Violations (check appropriate items): Better Management of the System Add Additional Storage Volume Add Lagoon Covers Add Additional Land Application Sites Add Additional Irrigation Equipment Install Water Conservation Equipment ✓ Reduce the Number of Animal at the Facility Change Type of Operation Others (please explain): HFEF 5-12-03 3 If applicable, recorded rainfall data from August 2002 through April 2003 at Facility # Month Amount of rainfall per month (in inches) # of days it rained per month August 2002 'C�, U 1 / l a Out of 31 days September 2002 y (p r, Out of30 days October 2002 a $ Is Out of 31 days November 2002 L/ , G , y Out of 30 days December 2002 3 E sC ! a out of 31 days January 2003 Out of 31 days February 2003 , -7 q 5 Out of 29 days March 2003 , 6 3 1 Out of 31 days April 2003 5, 1 51 Out of30 days Total Rainfall 34 , 7 to 105 Out of 274 days Comments from Producer: Comments by Reviewer: S..,. e- 'OP,rec6oW J I'e-ac. I 43 ,o CPA HFEF 5-12-03 4 1-�k r I Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 22, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Zack McCullen, III 1058 Wynn Road Clinton, NC 28328 Subject: Inadequate Freeboard No Further Action D&Z Farms 82-367 Sampson County Dear Mr. McCulen: Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated April 16, 2003. The Fayetteville Regional Office has determined that no further enforcement actions will be taken by the Division for the inadequate freeboard. However, upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that an NOV is appropriate due to freeboard in the structural range. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. ; WDENR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury 5t. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity 1 Affirmative Action Employer 50% recycled 1 10% post -consumer paper hftp://h2o.enr.state.nc.us Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. Sincerely, Paul E. awls Water Quality Regional Supervisor cc: FRO File: 82-367 Non -Discharge Compliance and Enforcement Unit DWQ Central Files 0 �0� W AgpG Michael F. Easley, Governor William G. Ross Jr., Secretary 7 North Carolina department of Environment and Natural Resources Alan W. Klimek, R.E. Director p -� Division of Water Quality August 22, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Zack McCullen, III 1058 Wynn Road Clinton, NC 28328 Subject: Inadequate Freeboard No Further Action D&Z Farms 82-367 Sampson County Dear Mr. McCulen: Thank you for your recent submittal of the information requested in our letter dated April 16, 2003. The Fayetteville Regional Office has determined that no further enforcement actions will be taken by the Division for the inadequate freeboard. However, upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that an NOV is appropriate due to freeboard in the structural range. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. A" %'C 0 E Ni .3 Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-774.8 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury 5t. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal opportunity 1 Affirmative Action Employer 50% recycled i 10% post -consumer paper httpJ1h2o.enr. state. nc.us Inadequate Freeboard Page 2 Thank you again for your cooperation. if you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. Sincerely, Paul Tawls' Water Quality Regional Supervisor cc: FRO File: 82-367 Non -Discharge Compliance and Enforcement Unit DWQ Central Files April 29, 2003 Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 RE: Response to Notice of Violation for Facility # 82-367: Zack McCullen, III (D & Z Farms) Dear Sir or Madam: As per your request in a letter dated 446-03, I am forwarding the following information: 1. Current Freeboard level(s) 2. Freeboard level records in the lagoon(s) for 2002 and the first four months of 2003 3. Spraying records for the 12 months of 2002 and the first four months of 2003 4. Rainfall records for the 12 months of 2002 and the first four months of 2003 supplied by the local Horticlture Crop Research Station 5. Cropping system and PAN specified in the CAWMP The current lagoon level is at 23 inches as of 4-27-03. As far as any water conservation measures, the following actions have been taken: 1. 1 have added cup waterers in all three barns located at facility #82-367. This should play a big role in reducing water usage. 2. I have also purchased an additional pump and reel which will be used at this site as well as an additional site. Please feel free to contact me at 910-596-5713 should you need additional information. Sincerely, ick McCullen, III April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Zack McCullen, III. 1058 Wynn Road Clinton NC 28328 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard D&Z Farms #82-367 Sampson County Dear Sir or Madam: Michael F. Easley Govemor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 232W3 On March 21, 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 March 11, 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 CDE Customer Service: Malling Address: Telephone (919) 733-5063 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/ANirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o.enr.state.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, Alan W. Klimek, E. Director 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 DWq Facility Number 82 — 367 Date 3-21-2003 Farm Name PKZ Farms Time Caller's Name lowner Control Number P084 ® Reporting Q Complaint Region JFRO Caller's Phone # Access to Farm Lagoon Ouestiorts Farm Accessible Breached Q Yes ONO] from main road O Yes Q No Inundated 10 Yes Q NO Overtopped Q Yes Q No Animal Population Water on O Yes Q No Outside Wall Confined Q Yes Q No Dike Conditions O Yes O No DePoP 10 Yes O No Feed Available 10 Yes 0 No Freeboard Level Mortality 10 Yes Q No Freeboard Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK. Lagoonl 18.5 3/23/2003 l/_)o-os Spray Availability Lagoonl Pumping Equipment O Yes Q No Lagoon3 L� Lagoon4 I� I� Available Fields O Yes Q No Lagoons Lagoon6 ohn H Comments2 HIGH FREEBOARD NOTIFICATION IDATE,MME 03 DwQ contact Name of Person contacting Dwa: 2C -Gk R' l Telephone No.(___) FARM Name � � �tE �. Eci1n'''-'cb County 5 sn-: — Facility No. Z " 3 7 Freeboard level of the Lagoon: Conditions of the spray fields: NARRA T \/E. (Include any instructions given to the former at the time of the call) (A copy of each notification should be forwarded to the "GAFO BO?k"'in Johns Hosty's office as soon as possible) State of North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Zack McCulien, III. D&Z Farms 1058 Wynn Road Clinton NC 28328 Dear Zack McCuIlen, HL: A;2 oftl NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 April 6, 2001 ,' `APR 16 2w F',Y�C-`iceC:�i.f' Subject: Notification for Wettable Acre Determination Animal Waste Management System D&Z Farms Facility Number 82-367 Sampson County A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached by waste application equipment can not be used as part of your plan. An evaluation by Scott Faircloth on 4/22/99 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category 1: ❑ The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Scott Faircloth the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Scott Faircloth, at 225 Green Street, Suite 714, Fayetteville, NC 28301, within in 90 days of the receipt of this letter. If you have any questions please contact Scott Faircloth at (910) 486-1541. If within 90 days you are unable to provide Scott Faircloth with the information you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: 2, Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension Service, the Soil and Water Conservation Districts, the Natural Resources Conservation Service, and the Division of Soil and Water Conservation have received this special designation. You may also contact a private Technical Specialist who has received this designation, or a Professional Engineer. All needed modifications to your Animal Waste Management System must be made and the Wettable Acres Determination Certification must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens cc: Fayetteville Regional Office Sampson County Soil and Water Conservation District Facility File Prestage Farms CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Zack McCullen III 1058 Wynn Road Clinton, NC 28328 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 21, 2004 / Subject: Clarification of NOV Status No Further Action D & Z Farm ##82-367 Sampson County Dear Mr. Zack McMullen III: Alan W. Klimek, P-E_ Director Division of Water Quality Thank you for your recent discussions with this office on the Notice of Violation (NOV) you received dated August 22, 2003. That letter stated that the NOV was for freeboard in the structural range. Based on your comments and review of our files you were correct in that the lagoon levels were not in the structural range_ Based on that information, this letter rescinds the NOV issued on August 22, 2003. The Fayetteville Regional Office has determined that no further enforcement actions will be taken by the Division for the inadequate freeboard in this case. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. ,..., .. _F ww. Customer Service. Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St, Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity 1 Affirmative Action Employer 50% recycled / 10% post -consumer paper http://h2o.enr.state.nG.us Inadequate Freeboard Page 2 Zack McCullen 01-21-04 Page 2 Thank you again for your cooperation. if you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. I rRaZwls P— RegionalWQ Supervisor CC: File 82-367 Non -Discharge Compliance and Enforcement Unit DWQ Central Files Information contained in this database is from non agency sources and is considered unconfirmed. t Animal Operation Telephone Log DWQ Facility Number' Farm Name Caller's Name Caller's Phone # Access to Farm Farm Accessible from main road Animal Population Confined Depop Feed Available Mortality 82 — 367 D&Z Farms ack McCullen Ili 10 Reporting 0 Complaint O Yes O No O Yes O No O Yes O No O Yes O No OYes 0No Spray Availability Pumping Equipment 10 Yes O No Available Fields O Yes O No Date 7-16-2003 Time 9:15am Control Number 13586 Region JFRO Laizoon Ouestions Breached 10 Yes O No Inundated 10 Yes O No Overtopped 10 Yes O No Water on 0 Yes O No Outside Wall Dike Conditions 10Yes O No Freeboard Level Freeboard Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK Lagoonl 18" 7/18/2003 ']_ /-c3 S-Tv3 Lagoonl Lagoon3 L.agoon4 Lagoon5 I? I_J Lagoon6 R L CYO 4. ................................................................................................................................................................................................................ ................. .................................................................................................... :...................... ................. ..................................................... .............. _............ .-.......... ........... ........ �-�Sr-:+'1«�-i7'J;!;'_Vt•i"irt[Yil�"<>aci x..'.vY 'ai•�..4t���.���,l: K, ,:tit'V::�:i..F1t.iRyi3?:LC}?�l::ta.;:.c•. ;5. -.T: �v. ,.-:.i�.'-:..,,5'. _,.:;4c:::'iF.•:!,'��:Y�.Ki'.riG•:4f^„k:;z.�:l n'S#. �:.l .:YS':6:4Y-,lv; i. tpeisori>takrng!ea11 Grad), Dobson t c. y7� -t, 4;-.r •�.i k� �`'.FeFi. rY�n,;:,•rp. ,; e.- r. r! iu, _ Lr..y-:lry..�r,t �f�.r r.�e. ::?'•r_:. I.�,J, i-:"ti5- I.'.}-i; is-'i .r.ri:"s `L?�.{�=.'r;.,�.s �'�?U1 .�.4p _ �t-_ ,-._:� :;, �: ,t sl.. L.�u a i ,� �,., s� { t ? N{, i.."::�... �ry� �.�!✓ rr =.�:,.•°t�r�i if,-,y?•;4 :�.ti i� ;r � e� zr :} .�„ f���i#'�it����� er+. c . ��i:.{r,. i4 ,tu:F7 i;Gsi,fE,'.i�a;F•��h -:! .t5 h_r:..tfl�rtt,r' S�fr �,it S! :�.t i{t:C,S ei IFS tY'.'F'z - 'e F !iti,-i .,r: ci it €-21Mif'srF... < �4E :�'�i .e Ka�fii :5�i•Fiii f,�ti.`S� Comments2 1 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 3 Facility Name: pi R AR-,n Certified Operator Name: County: S m Sow1 Operator # 1,_ Current liquid-level(s) in inches as measured from the current liquid level in the lagoon to the P�__ iowe_st 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. JUL 2 12003 Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 � gabir lamelldentfier (ID): 14 Spillway (Yes or No): N0 Level (inches): IF 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. 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 pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to transfer of waste to a site not covered in the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 19 1 01 -N- ag Pee^$, ;Nfp 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. G ' -�. �Zl Phone: 9'10 S 3 3. 3 ySo Facility Owner/Manager (print) c Date' .711610 Facility Owner/Manager (signature) PoA Cover Page 2121100 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES THIRTY (30) DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1 _ Structure Name/Identifier (ID): A 2. Current liquid volume in 25 yr.124 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 x line d x 7.48 afg Ions = 12 ft3 /OC inches I7 inches inches 5 k q 70 ft2 36 4y(o gallons 3. Projected volume of waste liquid produced during draw down period f_ temporary storage period according to structural design /FO days g. volume of waste produced according to structural design 61 U 1 _ ft3 h. actual waste produced = current herd # x line g = 61 b 1 ? ft3 certified herd # i. volume of wash water according to structural design ft3 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 a m_ lines e + k x line I = 1000 REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE .3553(. W 1 Zu 30 gallons .5- lb11000 gal. 2 3S lb PAN PoA (30 Day) 2/21/00 1 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. structure ID:- line m = 23 f lb PAN , 2. structure ID: line m = lb PAN 3. structure ID: line m = lb PAN 4. structure ID: line rn = lb PAN 5. structure 1D: line m = lb PAN 6_ structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6 = 2-35� Ib PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining 1RR-2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window' 7- ! �nirr 11ts....,0 1 2 $ 8' 397 04*L - nG T Z 6).1 41 3 q.fa zt� 91a7 '5tate current crop ending application date or next crop application beginning date for available receiving crops during 30 day drawn down period v. Total PAN available for all fields (sum of column t) = 1 lb. PAN PoA (30 Day) 2121100 2 1' i `IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 23I- lb. PAN x. Crop's remaining PAN balance (line v from section Ill) _ /g7 lb. PAN y. Overall PAN balance (w - x) = 17gi) lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: PoA (30 Day) 2/21/00 3 Information contained in this database is from non agency sources and is considered unconfirmed. 1 Animal Operation Telephone Log DWQ Facility Number g2 — 367 Date 6/512003 Farm Name DBtZ Farms Time 1215 Callers Name Vach McCullen Control Number 13143 p Reporting O Complaint Region JFRO Caller's Phone # Access to Farm La oop Ouestions 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 O No Outside Wall Confined O Yes O No Dike Conditions O Yes ONO] Depop 10Yes ONO Feed Available 10 Yes O No Freeboard Level Mortality 10 Yes O No Freeboard Plan Due Date Date Plan Date Freeboard Inches (? equals blank) Received Level OK Lagoon'! 18" 6/7/2003 0 Spray Availability. Lagoonl Pumping Equipment O Yes Q No Lagoon3l�—� Lagoon4 Available Fields 10 Yes O No Lagoons I� Lagoon6 Mr. McCullen stated that he was sending a POA for this farm. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ..................................................................................•-...........................----........................._...............----.................I............---............. .....----•....................................................................................................................................................................................................... ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- t�i�•`fy'�'r +�X�jy7'f': k 4 i'v}y: ,F�;ri. .�'v✓:�:ti�ir'1.-��}��t:c•: .�}�, ,:..?H:�r=:.�:..z .+.. ,.;.�":.},.;'r-.t�. :r.•.vice:;'r��vS-"r:.-1Y...2...t,:F:,f-..-..........,r1..Y....4 .;%•: �>::ci'.•1•�'F ,a.-k✓:ti,.Si-�h� person taking call Larry' Baxley } f i �t ..+J-+Sift `� y+ �*s.�.y ,�tiai �LLC:�ra �E. ti t--yr.�i�..-„_;.,,.,r •=.5.- tr'+ �':f� [; �a i. Vati'+ �.�7+� lr� -+'�l:'•t"a �`�".,� Ul1f �C�'.1. .iS'S F *K ,: iti i�- ti i! ; 'Yir�i - } ;.e �;} !, F•s 51�-l` r4'r i..•-. Lu ,r "4 -`+i yCiil '�L �;'s 3..-�i`r% _� �'r ,,r _ -n+. i '• Z � � ; 7'-�I': ���F. 1 Comments2 } '3 • PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: B- 3(o�_ .. County: SAMPSo� Z i7 ; � Facility Name: 1)15 Z aawA 'JUN 5 2003 Certified Operator Name: ! Operator # ':Y:fop•-,.tiF �r4 r• .i 1. Current liquid level(s) in inches a m-e-�urrent 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. Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Lagoon Name/Identifier Spillway (Yes or No): IJ a Level (inches): 18 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 pumped and hauled is reflected in section 111 tables. Included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to transfer of waste to a site not covered in the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3_ Earliest possible date to begin land application of waste: 6/3103_ 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. /i c � Phone: Wo -- S 33- �? YS0 Facility Owner/Manager (print) Date: 3 0� Facility Owner/Manager (signature) PoA Cover Page 2121100 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES THIRTY (30) DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): -D: Z FAR-µs 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 x line d x 7.48 allons = L x S6470 x7. 48 12 ft3 ' z / 8 inches 19 inches I inches 5847a f� 364410 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design ISO days g. volume of waste produced according to structural design 6 1 O -7 ft3 h. actual waste produced = current herd # x line g = 41 O 1 1 ft3 certified herd # i. volume of wash water according to structural design j, excess rainfall over evaporation according to design (--,i-%-I k. (lines h + i +i) x 7.48 x 30 days =3��5 line f 9b553x7.'fn x 33 �80 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 5111, j 01 m. (lines e + IS) x line I = 3(,44b 1000 t2. S�SIx z O ft3 3553' ft3 12 0 3 G9 gallons Z. & Ib/1000 gal. / 5 7 Ib PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 H.R. STORP0 STORAGE ELEVATIONS IN ALL 1Ai',t%S T i= S-rRUCTURES FOR FACILITY PoA (30 Day) 2/2-1100 1 1'. structure ID: pez Eaw,w.5 line m = 157 lb PAN 2. structure ID: line m = lb PAN 3. structure ID: line m = Ib PAN 4. structure ID: line m = lb PAN 5. structure ID: line m = lb PAN 6. structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6 = /57 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres S. remaining IRR-2 PAN balance (lb/acre) I t. TOTAL PAN BALANCE FOR FIELD (lbs.) column rx s u,- application window' 9S5z I Cg GtzJ►t� I,So z �o t-to5 G$-G2AU 4138 1193 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day drawn down period v. Total PAN available for all fields (sum of column t) _ 588 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE PoA (30 Day) 2/21/00 2 w. Total PAN to be land applied (line n from section II) Ib. PAN x. Crop's remaining PAN balance (line v from section Ill) = 15913 lb. PAN y. Overall PAN balance (w - x) = 143 t lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: PoA (30 Day) 2/21l00 3 FEB-17-2000 THU 05:08 PM RESTAGE FARMS 4651 Taylor's Bridge FE&v ay P.O. Box 438 CEnwn, NC 28329 Phone. 910-592-5771 Fax 910.592-9552 FAX H0. 9105929552 To: JeffreyBrown From RandyBarefoot Company. NC DENR Date: Pebmary 17, 2000 Fax Phone: &: Plan of Anion Pages (2nCb 7 cover): 2 Initials of transminer. IK P. 01 lb FEB-17-2000 THU 05.08 PM PRESTAGE FARMS FAX NO. 9105929552 P. 02 Frestage Farms, Inc. February 17; 2000 Mr. Jeffrey Brown Environmental Fngineer North Carolina Department of Environment & Natural Resources Fayetteville Regional Oificc Division of Water Quality RE; Facility ## 82-367: Zack McCullen, III (D & Z Farms) Dear Mr. Brown: This letter is to inforin the Division of Water Quality of what actions are going to be taken in order to lower the lagoon levels at the above facility. The current lagoon level is at 18 inches. 1. 1 will start irrigating as weather permits. 2. The spray fields are in good shape with a good cover crop. Jeffrey, I do not scc a problem in lowering this lagoon within the next few weeks. Please contact me should you need additional information. Sincerely, Zack McCullcn, ITI HIGHWAY 421 SOUTH • P. O, BOX 438 • CLINTON, N. C_ 28329-M8 • PHONE (910) 592-5771 Information contained in this database is from non agency sources and is considered unconfirmed. Farm Emergency Call Form Farm Number Farm Name D&Z Farms Owner First Name ackC Owner Last Name McCullen, III. O Reporting Q Complaint Source ach McCullen Inches Date-15-2000 Time :10 Cali Number 917 Plan Due Date Date Plan Date Freeboard (? equals blank) Received Level OK Breached Q Yes Q No Freeboard Lagoonl 18 /17/2000 -11 Depopulated Q Yes Q No Freeboard Lagoonl Overflowed O Yes O No LQ Issue O Yes ONO Freeboard Lagoon3 PermissionToPump Q Yes Q NO Freeboard Lagoon4 ? Inundated Q Yes ONO Freeboard Lagoons -J Flooded Q Yes Q NO Freeboard Lagoon6 Pumping Equipment O Yes ONO Comments Entered_ bv--Jefferv-Brown ---------------- ------------------------------------------------- 2-17-00 to inform him that a plan of action needs to be submitted with 48 hours. ................................................................................................................................ ................................................................................................................................ .................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... Information contained in this database is from non agency sources and is considered unconfirmed Farm Number Farm Name Owner First Name Owner Last Name Source Breached Depopulated Overflowed LQ Issue PermissionToPump Inundated Flooded Pumping Equipment Comments Farm Emergency Call Form Farms ac IMcCullen, Ill. 0 Reporting p Complaint Kach Mccyl!en Inches Date P-15-2000 Time Call Number 1917 Plan Due Date Date Plan Date Freeboar (? equals blank) Received Level OK O eS O O Freeboard Lagoonl ® O O eS O O Freeboard Lagoonl O O p es p o Freeboard Lagoon3 O eS O O Freeboard Lagoon4 O eS O O Freeboard Lagoon5 O eS O O Freeboard Lagoon6 p es p o .I 0Yv'09/2010 23:05 19105965799 PRESTAGE A /„� PAGE 01 Fax To: Ricky Revels F'.roex Glenn Clifton Fax. Pages: 12 Pam: 910-5W5749 Date: 21$f2010 Re: 30dayPOA cc: Urgent X For Review 0 Phmw Conwwnt 0 Please Reply ❑ Please Recycle e Comments: POA�s for the fbilowng; O&Z Farms McCullen Farms 5&6 .Zack McCullen Farm 1-4, 7-10 P2/09/2010 23:e5 19105965799 PRESTAGE A PAGE 02 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-367 Facility Name: D&Z Farms Certified Operator Name: Zack McCullen ill County: Sampson Operator Number: 17866 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 lagoon$ 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/lb-- D&Z Spillway{Y or N)_ N Level(inches): is 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and reoeiving 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: $a6m 45 w4EP"IE9 40citin42Y*AO& 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. / /fr QIL1C Phone: a O c Fyac�ility Qwner/Manager (print} i i r L Date: Facility OwneriManager {signature) 02/09/2010 23:05 19105965799 PRESTAGE A PAGE 03 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 (10) D&Z 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a_ current liquid level according to marker 18.0 inches b_ designed 25 yr,124 hr. storm & structural freeboard 19A inches c. line b - line a (inches in red zone) = 1.0 inches top of dike surface area according to design d. (area at below structural freeboard elevation) 36176 ft2 e. line C112 x line d x 7.48 gallonsW 22550 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 408 00 ft3 h. current herd # 124D certified herd # 1240 actual waste produced = Current herd ## x line g = 40880 ft' certified herd ## i, volume of wash water according to structural design ! Jfta j, excess rainfall over evaporation according to design 22531 ft3 k_ (lines h + i + j) x 7.48 x 30 days/line f= 79052 gallons 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 10/1512009 1,70 Ibsl1000 gal, m. ((lines e + k)J1000) x line I = 173 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 0Z/09/2010 23:05 19105965799 PRESTAGE A PAGE 04 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AWWOR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: D&Z line m = 172.7 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: line m lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lineal +2+3+4+5+6= 172.7 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO, NOT LIST FIEI.OS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. O_ tract # P. field # tl. crop r, acres s. remaining IRR 2 PAN balarm Qblacra) t. TOTAL PAN BALANCE FOR HELD (tbs.) column r x s u, application window' 9852 1&2 SG Graze 3.39 50.00 169_5 9852 3&4 SG -Graze 5.88 50.00 294.0 v. Total PAN available for all fields (sum of column t) _ IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) _ x. Crop's remaining PAN balance (line v from section III) = V. Overall PAN balance (w - x) = 463.5 I11. PAN 172.7 lb. PAN 463.5 Ib. PAN -291 Ib. PAN 02109/2010 23:05 19105965799 PRESTAGE A PAGE 05 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-423 county: Sampson Facility Name: McCuilen Farms 5&6 Certllied Operator Name: Zack McCuilen Jr Operator Number: 17867 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 NarneifD: 5pirlwayff or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 5&6 IN _ 1s 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges_ X Liquid level Is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range, Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving Crop information, Contact and secure approval from the 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: Soon a5 WC -AA- MEA PLA)V.r71jjV& 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. ZJ9c,JL AA ` G+ 411-� phone: Iw Facility Owner/Manager (print) Date: a —/ a Fac'I ty Owner! Hager (signature) 02/09/2010 23:05 19105965799 PRESTAGE A PAGE e6 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namefldentifier (ID): 586 2. Current liquid volume in 25 yr.124 hr, storm storage & structural freeboard a, current liquid level according to marker 5-51 inches b. designed 25 yr.124 hr. storm & structural freeboard 1$,0 inches c. line b - line a (inches in red zone) = 1.0 inches top of dike surface area according to design d. (area at below structural freeboard elevation) 366t38 fe e, line c112 x line d x 7.48 gallonstW 22855 gallons 3. Projected volume of waste liquid produced during draw down period f, temporary storage period according to structural design 1$0 days g. volume of waste produced according to structural design 40880 fta h. current herd # T240 certified herd # 1240 actual waste produced = current herd # x line g = 40880 fi certified herd # i, volume of wash water according to structural design L ��fe j. excess rainfall over evaporation according to design 22869 ff k. (lines h + i + )) x 7.48 x 30 daystline f= 79474 gallons 4, Total PAN to be land applied during draw down period 1. current waste analysis dated 10/13/2009 1.74 Ibs11000 gal. m. ((lines e + k)11000) x line I = 174 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 02/0912010 23:05 19105965799 PRESTAGE A PAGE 07 11, TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: line m = 174,0 lb PAN 2. Structure ID_ line m = lb PAN 3. Structure ID: line m = lb PAN 4, Structure ID: line rn = lb PAN 5, Structure 10: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 174.0 its PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THUS 30 IJAT MKIUM 0. tract # p. field # q. crop r. acres s, remaining IRR t. TOTAL PAN N. applicaforwvArdow" 2 PAN WOW BALANCE FOR Oblaae) FIELD (lb&) column r x a 9851 1 WA 4.53 66.50 301.2 SEP-APR v. Total PAN available for W. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 174.0 lb. PAN x. Crop's remaining PAN balance (line v from &action 111) 301.2 lb. PAN y. Overall PAN balance (w - x) = -727 lb. PAN 02/09/2010 23:05 19105965799 PRESTAGE A PAGE 08 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 82-200 County: Sampson Facility Name: Zack McCulten Farm 1-4, 7-10 Certified Operator Name: Zack McCullen jr operator Number: 17867 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID: Spillway{Y or N): Level (inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 1&2 3&4 7-10 N N N 16 17 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures, Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section 111 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 `K 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: Svnsr As 4vcp710CA 09RNt171jaG 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 Z,qck Phone: Facility/Owner/Manager (print) Date: Facilityr CMmer! anager {signature) eL2/09/2010 23:05 19105965799 PRESTAGE A PAGE 09 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.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18_p inches b, designed 25 yr.124 hr. storm & structural freeboard 19,0inches c, line b - line a (inches in red zone) = 3.0 inches top of dike surface area according to design d. (area at below structural freeboard elevation) 40125 ft2 e, line ell x line d x 7.48 gallonslft' 75034 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 F 48485 ft3 h. current herd # 1500 certified herd # 1500 actual waste pmduced = current herd fit x line g = 49485 ff 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 daysaine f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 11/30/2009 m, ((lines e + k)11000) x fine I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) �fe 24390 ft3 92098 gallons 120 201 tbs. PAN e2109/2010 23:05 19105965799 PRESTAGR A PAGE 10 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 (0): 3-4 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr.124 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) 34200 1 fe e• line c/12 x line d x 7.48 gallons/fit' 42636 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 45198 ft3 h. current herd # 1240 certified herd # 1240 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 daysiline f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 10/1212009 rn. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) POA (30 Day) 2/21100 45198 ft' I__.�ft3 12899 ff3 72428 gallons 2.20 Ibs11000 gal. 253.1 lbs. PAN e2/09/2010 23:05 19105965799 PRESTAGE A PAGE 11 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): 1 7-10 2. Current liquid volume in 25 yr.124 hr_ storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr:124 hr. storm $ structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d, top of dike surface area according to design (area at below structural freeboard elevation) 70875 ftz e. line c112 x line d x 7.48 gallons/W 44179 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage perlod according to structural design 180 days g. volume of waste produced according to structural design 96925 Ift3 h. current herd # 294d certified herd # 2940 actual waste produced = current herd # x line g = 96926 fe 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 7.4a x 30 days/line f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 10/1212009 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE,. (Click on the next Structure tab shown below) PoA (30 Day) 2/21100 Iie 43283 to 174793 gallons 2.20 lbsl1000 gal_ 481.7 Ibs_ PAN . 02/09/2010 23:05 19105965799 PRESTAGE A PAGE 12 ll. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1, Structure ID: 1-2 line rn = 200.6 lb PAN 2. Structure ID: 3-4 line rn = 253.1 lb PAN 3. Structure 10: 7-10 line In = _ 481.7 lb PAN 4. Structure ID: line m = Ib PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = Ib PAN n. lines 1 + 2 + 3 + 4 + 6 + 6 = 935.4 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PFRirirl nri NEST I I_CT 9:1Fl M4 Tn WHIT FI PAN CANWnT RP APPI IFS 13LIRIidG T141S 30 DAY PERIOD_ o, tract # p. field # q. rxop F. acres s. remalning IRR 2 PAN balance (Ibla=sa) t TOTAL PAN BALANCE FOR FIELD (lbr-) column r x a u, application window' 6067 1 SG -Graze 2.23 50,00 111.5 6067 2A SG -Graze 2.53 50.00 126.5 6044 2B SG -Graze 1.90 50.00 95.0 6044 3A SG -Graze 2.60 50.00 130.0 6044 313 SG -Graze 2.97 50.00 148.5 6044 4A SG -Graze 3.52 50.00 176.0 6D44 48 SG -Graze 3.30 50.00 165.0 v. I Offal rAN avanaale for all neias (slum or column tl = W. FAGILnYS PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) _ X. Crop's remaining PAN balance (line v from section III) _ y. Overall PAN balance (w - x) = s52.5 Ip. rAn 935.4 lb. PAN 952.5 lb. PAN -17 lb. PAN