HomeMy WebLinkAbout400065_Renewal (Application)_20190227ROY COOPER
Cevemor
MIC HAEL S. REGAN
&VFOr
LINDA CULPEPPER
afteaw
Ralph W Noble
Ralph Noble Farm
5155 Hwy 903 N
Snow Hill, NC 28580
NORTH CAROLINA
EhVk ruaartar Quattr,
Subject: Application for Renewal of Coverage for Expiring State General Permit
Dear Permittee:
February 27, 2019
WaterOuelity
RegbW Operations Section
Your facility is currently approved for operation under one of the Animal Waste Operation State Non -Discharge General Permits,
which expire on September 30, 2019. Copies of the new animal waste operation State Non -Discharge General Permits are available
at hops://deg.ne.pov/about/divisionstwater-resources/water-adit%-regional-overations/afo or by writing or calling:
NCDEQ-DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number. (919) 707-9100
In order to assure your continued coverage under the State Non Discharge General Permits iou _must submit an arrGoation for
permit coverage to the Division Enclosed %ou will find a "Request for Certificate of Coverage Facilin Currently Covered bti an
Expiring State Non -Discharge General Permit " The application form must be completed signed and returned b% April 3, 2019.
Please note that you must include one (1) cony of the Certified Animal Waste Management Plan (CAWMPt with the
completed and signed application form A list of items included in the CAWMP can be found on pace 2 of the renewal
application form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215A and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel
free to contact the Animal Feeding Operations Branch staff at 919-707-9100.
Sincerely,
Jon Risgaard, Section Chief
Animal Feeding Operations and Groundwater Section
Enclosures
cc (w/o enclosures): Washington Regional Office, Water Quality Regional Operations Section
Greene County Soil and Water Conservation District
AFOG Section Central Files - AWS400065
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818.707 KOO
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Animal Waste Management Systems
Request for Certification of Coverage
Facility Currently covered by an Expiring Sate Non -Discharge General Permit
On September 30, 2019, the North Carolina State Non -Discharge General Permits for Animal Waste Management Systems will
expire. As required by these permits, facilities that have been issued Certificates of Coverage to operate under these State
Non -Discharge General Permits must apply for renewal at least 180 days prior to their expiration date. Therefore, all applications
must be received by the Division of Water Resources by no later than April 3, 2019.
Please do not leave any question unanswered Please verify all information and make any necessary corrections below.
Application Hurst be signed and doted by the Pernsluee.
1. Farm Number: 40-W65 Certificate Of Coverage Number:
2. Facility Name: Ralph Noble Farm
3. Landowner's Name (same as on the Waste Management Plan): Ralph W Noble
4. Landownces Mailing Address: 5155 HN%N 903 N
City: Snow Hill State: NC
Telephone Number: 252-7464830 Ext. E-mail:
5. Facility's Physical Address:
City: State:
6. County where Facility is located: Greene
7. Farm Managers Name (if different from Landowner):
g, Farm Manager's telephone number (include area code):
9. Integratoes Name (if there is not an Integrator, write "None"):
10. Operator Name (OIC): Phone No..
11. Lessee's Name (if there is not a Lessee, write "None' ):
12. Indicate animal operation type and number:
Current Permit: Operations Type Allowable Count
Swine - Feeder to Finish 2,200
Operation Tyner;
Swine
Cattle
Dry Ponitry
Wean to Finish
Davy Calf
Non Laying Chickens
Wean to Feeder
Dairy Heifer
Laying Chickens
Farrow to Finish
Milk Cow
Pullets
Feeder to Finish
Dry Cow
Turkeys
Farrow to Wean
Beef Stocker Calf
Turkey Pullet
Farrow to Feeder
Beef Fader
Boar/Stud
Beef Broad Cow
Wet Poulin
Gilts
Other
Non Laying Pullet
Other
Layers
AWS400065
Zip: 28580
Zip:
OIC #:
Other'IWoea
Horses - Horses
Horses - Other
Sheep - Sheep
Sheep - Other
13. Waste Treatment and Storage Lagoons (Verify the following information is accurate and complete. Make all necessary
corrections and provide missing data)
Structure
Name
Estimated
Date
Built
Liner Type
(Clay. Sys.
Unknown)
Capacity
(Cubic Feet)
Estimated
Surface Area
(Square Feet)
Design Freeboard
"Redline"
(Inches)
Mail one (1) copy of the Certified Animal Waste Management Plan (CAWMP) with this completed and signed applicadon
as required by NC General Statutes 143-215.1OC(d) to the address below.
The CAWMP must include the following components:
1. The most recent Waste Utilization Plan (WUP), signed br the owner and a certified technical specialist containing:
a. The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.)
b. A map of every field used for land application (for example: irrigation map)
c. The soil series present on every land application field : " L-E)1Nc05Q1DWR
d. The crops grown on every land application field
e. The Realistic Yield Expectation (RYE) for every crop shown in the WUP
f. The maximum PAN to be applied to every land application field o R $ 4 2019
g. The waste application windows for every crop utilized in the WUR
h. The required NRCS Standard specifications water Quaft
2. A site map/schematic Winwopwasm
3. Emergency Action Plan
4. Insect Control Checklist with chosen best management practices noted
5. Odor Control Checklist with chosen best management practices noted
6. Mortality Control Checklist with selected method noted - Use the enclosed updated Mortality Control Checklist
7. Lagoon/storage pond capacity documentation (design, calculations, etc.) Please be sure the above table is accurate and
complete. Also provide any site evaluations, wetland determinations, or hazard classifications that may be applicable to
your facility.
8. Operation and Maintenance Plan
If your CAWMP includes any components not shown on this list, please include the additional components with your submittal.
(e.g. composting, digesters, waste transfers, etc.)
As a second option to mailing paper copies of the application package, you can scan and email one signed copy of the
application and all the CAWMP items above to: 2019PermitRenew&I*ncdeor gov
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I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that,
if all required parts of this application are not completed and that if all required supporting information and attachments are not
included, this application package will be returned to me as incomplete.
Note: In accordance with NC General Statutes 143-215.6A and j43-2I5'6% any poison .who knowingly makes any false statement,
representation, or certification in any ap01;. atiotl mad, be subject to , civil,penalti�es �up . to �25,000 .per violation. (19 U.S.C.
Section 1001 provides a punishment by a fine 'of not more than $10,000 or imprisonment of not more than 5 years, or both for
a similar offense.)
Printed Name of Signing Official (Landowner, or if multiple Landowners all landowners should sign. If Landowner is a
corporation, signature should be by a principal executive officer of the corporation):
Name: Title:
Signature. _ Date
Name:
Signature:
Title:
Date:
Name: Title:
Signature: .., _ - Date: ------------
THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NCDEQ-DWR s� _
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number. (919) 707-9100
E-mail: 2019PermitRenewalQncdenr.gov
i
FORM: RENEWAL -STATE GENERAL 02/2019
Version —November 26, 2018
Mortality Management Methods
Indicate which method(s) will be implemented.
When selecting multiple methods indicate a primary versus secondary option.
Methods other than those listed must be approved by the State Veterinarian.
Primary Secondary Routine Mortality
Burial three feet beneath the surface of the ground within 24 hours of knowledge of animal
death. The burial must be at least 300 feet from any flowing stream or public body of water
(G.S.106-403). The bottom of the burial pit should beat least one foot above the seasonal
high water table. Attach burial location map and plan.
Landfill at municipal solid waste facility permitted by NC DEQ under GS 15A NCAC 13B .0200.
a❑ Rendering at a rendering plant licensed under G.S. 106-168.7.
Complete incineration according to 02 NCAC 52C .0102.
A composting system approved and permitted try the NC Department of Agriculture & Con-
sumer Services Veterinary Division (attach copy of permit). If compost is distributed off_farm,
additional requirements must be met and a permit is required from NC DEQ.
Q❑ In the case of dead poultry only, placing in a disposal pit of a size and design approved by the
NC Department of Agriculture & Consumer Services (G.S, 106-549.70).
aAny method which, in the professional opinion;of the State Veterinarian, would make possible
the salvage of part of a dead animal's value without endangering human or animal health.
(Written approval by the State Veterinarian must be attached).
aMass Mortality Plan
Mass mortality plans are required for farms covered by an NPDES permit. These plans are
also recommended for all animal operations. This plan outlines farm -specific mortality man-
agement methods to be used for mass mortality. The NCDA&CS Veterinary Division sup-
ports a variety of emergency mortality disposal options; contact the Division for guidance.
• A catastrophic mortality disposal plan is part of the facility's CAWMP and is activated
?Il"" when numbers of dead animals exceed normal mortality rates as specified by the State
Veterinarian.
• Burial must be -.done in accordance with NC General Statutes and NCDA&CS Veterinary
Division regulations and guidance.
+' Mass burial sites are subject to additional permit conditions (refer to facility's animal
waste management system permit).
• In the event of imminent threat of a disease emergency, the State Veterinarian may enact
additional temporary procedures or measures for disposal according to G.S. 106-399.4.
Signature of Farm Owner/Monager Date
Signature of Technical Specialist Date
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Ralph Noble
Ralph Noble Farm
5155 Hwy 903 N
Snow Hill, NC 28580
Dear Ralph Noble:
NORTH CAROLINA
Envfronmental Qual/ty
September 9, 2019
Subject: Permit No. AW1400065
Ralph Noble Farm
Animal Waste Management System
Greene County
In accordance with your April 24, 2019 request for a zero -animal permit renewal, we are hereby
forwarding to you this Permit issued to Ralph Noble authorizing the operation of the subject
animal waste management system. You had requested to drop the animal population at this
facility to zero until such time as the waste storage lagoon at this facility is properly closed, as
you no longer wished to maintain it as an active swine farm.
This approval shall consist of the operation of this system including, but not limited to, the
management of animal waste structures on the Ralph Noble Farm, with an annual capacity of no
greater than an annual average of zero (0) swine.
The Permit shall be effective from the date of issuance until August 30, 2024 and replaces the
Permit No. AWS400065 issued to this facility on June 11, 1999. You are subject to the
conditions of this permit until the closure of all waste storage basins and the rescission of this
permit. You must submit a letter to the Division of Water Resources to request rescission of the
Permit by providing documentation of closure of all containment basins.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all
applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any
property rights in either real or personal property.
Per 15A NCAC 2T. 0111(c), a compliance boundary is provided for the facility and no new
water supply wells shall be constructed within the compliance boundary. Per NRCS standards, a
100-ft separation shall be maintained between water supply wells and any lagoon, storage pond,
or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this Permit may
result in revocation of this Permit or penalties in accordance with NCGS 143-215.6A through
143-215.6C, the Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal
penalties, and injunctive relief.
North Carolina Drpartment of Environmental Quality I Dlvlslon of Water Resources
512 North Salisbury Street 1 1636 Mall Service Center I Raleigh, North Carolina 27699-1636
919.707.9000
If you wish to continue the activity permitted under this Permit after the expiration date of this
Permit, an application for renewal must be filed at least 180 days prior to expiration.
In accordance with Condition II.17 of the General Permit, waste application shall cease within
four (4) hours of the time that the National Weather Service issues a Hurricane Warning,
Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in
which the facility is located. You may find detailed watch/warning information for your county
by calling the Newport/Morehead City, NC National Weather Service office at (252) 223-5737,
or by visiting their website at: www.weather. s�ov/mhx/
This Permit is not automatically transferable. A name/ownership change application must be
submitted to the Division prior to a name change or change in ownership.
This facility is located in a county covered by our Washington Regional Office. The Regional
Office Staff may be reached at (252) 946-6481. If you need additional information concerning
this Permit, please contact the Animal Feeding Operations Program staff at (919) 707-9129.
Sincerely,
for Linda Culpepper
Director, Division of Water Resources
cc: Washington Regional Office, Water Quality Regional Operations Section
Greene County Health Department
Greene County Soil and Water Conservation District
WQPS Central Files (AWI400065)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Ralph Noble
Greene County
FOR THE
continued operation and maintenance of an animal waste management system for the Ralph
Noble Farm, located in Greene County, consisting of zero (0) swine and the application to land
as specified in the Facility's Certified Animal Waste Management Plan (CAWMP).
This permit shall be effective from the date of issuance until August 30, 2024 and shall be
subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The animal waste management system operated under this Permit shall be
effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants to surface waters, wetlands, or ditches. Application of
waste to terraces and grassed waterways is acceptable as long as it is applied in
accordance with Natural Resources Conservation Service (MRCS) Standards and
does not result in a discharge of waste to surface waters, wetlands, or ditches. If
the Facility has a discharge of waste *that reaches surface waters or wetlands
resulting from a storm event more severe than a 25-year, 24-hour storm, it will not
be considered to be in violation of this Permit, as long as the Facility is in
compliance with its CAWMP and this Permit.
2. No discharge of waste shall result in a violation of the water quality standards
established for receiving waters as per Title I SA, Subchapter 2B, Section .0200 of
the North Carolina Administrative Code (NCAC) and Title 15A, Subchapter 2L
of the NCAC.
3. The facility's CAWMP is hereby incorporated by reference into this Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and
standards (federal, state and local) in effect at the time of siting, design, and
certification of the Facility.
4. Any proposed increase or modification to the annual average that exceeds the
thresholds set by North Carolina General Statues (NCGS) 143-215.1OB (1) will
require a modification to the CAWMP and the Permit prior to modification of the
Facility.
5. Animal waste shall not be applied within one hundred (100) feet of any well, with
the exception of monitoring wells. The allowable distance to monitoring wells
shall be established on a case -by -case basis by the Division.
U. OPERATION AND MAINTENANCE REO UIREMENTS
The collection, treatment, and storage facilities, and the land application
equipment and fields shall be properly operated properly and maintained at all
times.
2. A vegetative cover shall be maintained as specified in the Facility's CAWMP on
all land application fields and buffers in accordance with the CAWMP. No waste
shall be applied upon areas not included in the CAWMP.
3. Soil pH on all land application fields must be maintained in the optimum range
for crop production.
4. Land application rates shall be in accordance with the CAWMP. In no case shall
land application rates exceed the agronomic rate of the nutrient of concern for the
receiving crop. In no case shall land application rates result in excessive ponding
or any runoff during any given application event.
5. If manure or sludges are applied on conventionally tilled, bare soil, the waste shall
be incorporated into the soil within two (2) days after application on the land.
This requirement does not apply to no -till fields, pastures, or fields where crops
are actively growing.
6. Pesticides, toxic chemicals, and petroleum products shall not be disposed of in the
animal waste management system.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not
be discharged into the animal waste management system. Washdown of stock
trailers owned by and used to transport animals to and from the Facility only will
be permissible as long as the system has been evaluated and approved to
accommodate the additional volume. Only those cleaning agents and soaps that
are EPA -approved according to their labels, will not harm the cover crop, and will
not contravene the groundwater standards listed in 15A NCAC 2L may be utilized
in the Facility covered by this Permit. Instruction labels are to be followed when
using cleaning agents and soaps.
8. Disposal of dead animals resulting from normal mortality rates associated with
the Facility shall be done in accordance with the Facility's CAWW and the
North Carolina Department of Agriculture and Consumer Services (NCDA&CS)
Veterinary Division's statutes and regulations.
9. Unless accounted for in temporary storage volume, all uncontaminated runoff
from the surrounding property and buildings shall be diverted away from the
waste lagoons/storage ponds to prevent any unnecessary addition to the liquid
volume in the structures.
10. A protective, vegetative cover shall be established and maintained on all earthen
lagoon/storage pond embankments (outside toe of embankment to maximum
pumping elevation), berms, pipe runs, and diversions to surface waters or
wetlands. Trees, shrubs, and other woody vegetation shall not be allowed to grow
on the lagoon/storage pond embankments. All trees shall be removed in
accordance with good engineering practices. Lagoon/storage pond areas shall be
accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon/storage pond, the sludge must be
managed in accordance with the CAWW. When removal of sludge from the
lagoon is necessary, provisions must be taken to prevent damage to the lagoon
dikes and liner.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not
limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The Facility must have at least one of the following items at all times: (a)
adequate animal waste application and handling equipment, (b) a lease, or other
written agreement, for the use of the necessary equipment, or (c) a contract with a
third party applicator capable of providing adequate waste application.
14. No waste shall be applied in wind conditions that might reasonably be expected to
cause the mist to reach surface waters or wetlands.
15. The Permittee shall maintain buffer strips or other equivalent practices as
specified in the Facility's CAWW near feedlots, manure storage areas, and land
application areas.
16. Waste shall not be applied on land that is flooded, saturated with water, frozen, or
snow covered at the time of land application.
17. Land application of waste is prohibited during precipitation events. The Pennittee
shall consider pending weather conditions in making the decision to land apply
waste.
Land application of waste shall cease within four (4) hours of the time that the
National Weather Service issues a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system including a hurricane, tropical
storm, or tropical depression for the county in which the permitted facility is
located. Watches and warnings are posted on -the National Weather Service's
website located at: www.weather.aov. More detailed website information can be
found on Page 2 of this Permit. Watch and warning information can also be
obtained by calling the local National Weather Service Office that serves the
respective county, which can be found on Page 2 of this Permit.
18. Land application activities shall cease on any application site that exceeds a
Mehlich 3 Soil Test Index for Copper of greater than 3,000 (108 pounds per acre)
or Zinc of greater than 3,000 (213 pounds per acre).
19. Any major structural repairs to lagoons/storage ponds must have written
documentation from a technical specialist certifying proper design and
installation. However, if a piece of equipment is being replaced with a piece of
equipment of the identical specifications, no technical specialist approval is
necessary [i.e. piping, reels, valves, pumps (if the gallons per minute (gpm)
capacity is not being increased or decreased), etc.] unless the replacement
involves disturbing the lagoon/storage pond embankment.
III. MONITORING AND REPORTING REQUIREMENTS
1. An inspection of the animal waste collection, treatment, and storage structures,
and runoff control measures shall be conducted and documented at a frequency to
ensure proper operation For example, lagoons/storage ponds, and other structures
should be inspected for evidence of erosion, leakage, damage by animals or
discharge.
2. Highly visible waste -level gauges shall be maintained to mark the level of waste
in each lagoon/storage pond that does not gravity feed through a free -flowing
transfer pipe into a subsequent structure. The gauge shall have readily visible
permanent markings. The waste level in each lagoon with a waste level gauge
shall be monitored and recorded weekly on forms supplied by, or approved by,
the Division.
3. A representative Standard Soil Fertility Analysis, including pH, phosphorus,
copper, and zinc, shall be conducted on each application field receiving animal
waste at least every three (3) years.
4. An analysis of the animal waste shall be conducted in accordance with
recommended laboratory sampling procedures as close to the time of application
as practical and at least within sixty (60) days (before or after) of the date of
application. This analysis shall include the following parameters:
Nitrogen Zinc Phosphorus Copper
5. The Permittee shall record all irrigation and land application event(s) including
hydraulic loading rates, nutrient loading rates and cropping information. The
Permittee shall also record removal of solids and document nutrient loading rates
if disposed on -site or record the off -site location(s). These records must be on
forms supplied by, or approved by, the Division.
6. If, for any reason, there is a discharge from the animal waste management system
(including the land -application sites), to surface waters or wetlands, the Permittee
is required to make notification in accordance with Condition 11I.9. The
discharge notification shall include the following information:
a. Description of the discharge: A description of the discharge including an
estimate of the volume discharged, a description of the flow path to the
receiving surface waters or wetlands and a site sketch showing the path of the
waste. Also, an estimation of the volume discharged.
b. Time of the discharge: The length of time of the discharge, including the exact
dates and times that it started and stopped, and if not stopped, the anticipated
time the discharge is expected to continue.
c. Cause of the discharge: A detailed statement of the cause of the discharge. If
caused by a precipitation event, detailed information from the on -site rain
gauge concerning the inches and duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to
be taken to prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required
by Condition 11I.3.
7. A copy of this Permit, the Facility's permit, certification forms, lessee and
landowner agreements, the CAWMP, and copies of all records required by this
Permit and the Facility's CAWMP shall be maintained by the Permittee in
chronological and legible form for a minimum of three (3) years.
8. Within fifteen (15) working days of receiving the request from the Division, the
Permittee shall provide to the Division one (1) copy of all requested information
and reports related to the operation of the animal waste management system.
Once received by the Division, all such information and reports become public
information, unless they constitute confidential information under North Carolina
General Statutes (NCGS) 132-1.2 and shall be made available to the public by the
Division as specified in Chapter 132 of the NCGS.
9. The Division may require any additional monitoring and reporting (including but
not limited to groundwater, surface water or wetland, waste, sludge, soil,
lagoon/storage pond levels and plant tissue) necessary to determine the source,
quantity, quality, and effect of such waste upon the surface waters, groundwaters
or wetlands. Such monitoring, including its scope, frequency, duration and any
sampling, testing, and reporting systems, shall meet all applicable Division
requirements.
10. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional
Office as soon as possible, but in no case more than twenty-four (24) hours
following first knowledge of the occurrence of any of the following events:
a. Any discharge to ditches, surface waters or wetlands.
b. Failure to maintain storage capacity in a lagoon/storage pond greater than
or equal to that required in Condition V. 2. of this Permit.
C. Over applying waste either in excess of the limits set out in the CAWMP
or where runoff enters surface waters or wetlands.
d. Failure of any component of the animal waste management system
resulting in a discharge to surface waters or wetlands.
e. Any failure of the animal waste management system that renders the
Facility incapable of adequately receiving, treating or storing the waste
and/or sludge.
f. Any deterioration or leak in a lagoon/storage pond that poses an
immediate threat to the environment or human safety or health.
For any emergency, which requires immediate reporting after normal business
hours, contact must be made with the Division of Emergency Management at 1-
800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional
Office within five (5) calendar days following first knowledge of the occurrence.
This report shall outline the actions taken or proposed to be taken to correct the
problem and to ensure that the problem does not recur. The requirement to file a
written report may not be waived by the Division Regional Office.
In the event the waste level in a lagoon/storage pond is found to be within the
designed structural freeboard, the Permittee shall file a written report to the
appropriate Division Regional Office within two (2) calendar days following first
knowledge of the occurrence. This report shall outline actions taken or proposal
to be taken to reduce waste levels below the designed structural freeboard within
five (5) calendar days of first knowledge of the occurrence.
11. In the event of a discharge of 1,000 gallons or more of animal waste to surface
waters or wetlands, the Permittee must issue a press release to all print and
electronic news media that provide general coverage in the county in which the
discharge occurred setting out the details of the discharge. The press release must
be issued within forty-eight (48) hours after it is determined that the discharge has
reached the surface waters or wetlands. A copy of the press release and a list of the
news media to which it was distributed must be kept for at least one (1) year after
the discharge and must be distributed to any person upon request.
12. In the event of a discharge of 15,000 gallons or more of animal waste to surface
waters or wetlands, a public notice is required in addition to the press release
described in Condition III 15. The public notice must be placed in a newspaper
having general circulation in the county in which the discharge occurred and the
county immediately downstream within ten (10) days of the discharge. The notice
shall be captioned "NOTICE OF DISCHARGE OF ANIMAL WASTE". The
minimum content of the notice is the name of the facility, location of the discharge,
estimated volume of waste entering state waters, time and date discharge occurred,
duration of the discharge, identification water body that was discharged into
including creek and river basin if applicable, actions taken to prevent further
discharge, and a facility contact person and phone number. The owner or operator
shall file a copy of the notice and proof of publication with the Department within
thirty (30) days after the notice is published. Publication of a notice of discharge
under this Condition is in addition to the requirement to issue a press release under
Condition III.11.
13. If a discharge of 1,000,000 gallons or more of animal waste reaches surface waters
or wetlands, the appropriate Division Regional Office must be contacted to
determine in what additional counties, if any, a public notice must be published. A
copy of all public notices and proof of publication must be sent to the Division
within thirty (30) days after the notice is published.
IV. INSPECTIONS AND ENTRY
The Pemuttee shall allow any authorized representative of Department, upon the
presentation of credentials and other documents as may be required by law and in
accordance with reasonable and appropriate biosecurity measures, to:
a. Enter the Permittee's premises where the regulated Facility or activity is located
or conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this Permit;
c. Inspect, at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
Permit; and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance, any substances or parameters at any location.
V. GENERAL CONDITIONS
1. The issuance of this Permit shall not relieve the Permittee of the responsibility for
compliance with all applicable surface water, wetlands, groundwater and air
quality standards or for damages to surface waters, wetlands or groundwaters
resulting from the animal operation.
2. The maximum waste level in lagoons/storage ponds shall not exceed that
specified in the Facility's CAWMP. At a minimum, maximum waste level for
lagoons/storage ponds must not exceed the level that provides adequate storage to
contain a 25-year, 24-hour storm event plus an additional one (1) foot of structural
freeboard except that there shall be no violation of this condition if. (a) there is a
storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in
compliance with its CAWMP, and (c) there is at least one (1) foot of structural
freeboard.
Any containment basin, such as a lagoon or a storage pond, used for waste
management shall continue to be subject to the conditions and requirements of
this Permit until properly closed. When the containment basin is properly closed
in accordance with the Natural Resource Conservation Service (NRCS) North
Carolina Standard for Closure of Waste Impoundments, February 2005 or any
subsequent amendment, the containment basin shall not be subject to the
requirements of this Permit. The Permittee must submit a letter to the Division to
request rescission of the Permit by providing documentation of closure of all
containment basins.
Closure shall also include a minimum of 24 hours pre -notification of the Division
and submittal of the Animal Waste Storage Pond and Lagoon Closure Report
Form to the address identified on the form within fifteen (15) days of completion
of closure.
4. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements, which are required in the CAWMP, shall constitute grounds for
revocation of this Permit.
5. This Permit is not transferable. In the event there is a desire for the Facility to
change ownership, or there is a name change of the Permittee, a Notification of
Change of Ownership form must be submitted to the Division, including
documentation from the parties involved and other supporting materials as may be
appropriate.
6. The issuance of this Permit does not prohibit the Division from reopening and
modifying the Permit, revoking and reissuing the Permit, or terminating the
Permit as allowed by the appropriate laws, rules, and regulations.
7. The Groundwater Compliance Boundary is established by 15A NCAC 2L and
15A NCAC 02T .0111(c). An exceedance of Groundwater Quality Standards at
or beyond the Compliance Boundary is subject to the requirements of 15A NCAC
2L and the Division in addition to the penalty provisions applicable under the
NCGS.
VI. PENALTIES
1. Failure to abide by the conditions and limitations contained in this Permit; the
Facility's CAWMP; and/or applicable state law; may subject the Permittee to an
enforcement action by the Division including but not limited to the modification
of the animal waste management system, civil penalties, criminal penalties, and
injunctive relief.
2. The Permittee must comply with all conditions of this Permit. Any Permit
noncompliance constitutes a violation of state law and is grounds for enforcement
action; for Permit coverage termination, revocation and reissuance, or
modification; or denial of Permit coverage renewal application.
It shall not be a defense for a Permittee in an enforcement action to claim that it
would have been necessary to halt or reduce the permitted activity in order to
maintain compliance with the conditions of this Permit.
This Permit issued the 9th day of September 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Jor Linda Culpepper, Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI400065