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.
................................................................................................................................................................................................................
................. .................................................................................................... :...................... ................. ..................................................... .............. _............ .-.......... ...........
........
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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............---.............
.....----•.......................................................................................................................................................................................................
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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_ -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