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HomeMy WebLinkAbout970032_Permit (Issuance)_20220203DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality February 3, 2022 Brandon Pardue Pardue Farms & Sons 1699 Bethel Road Ronda, NC 28670 Dear Brandon Pardue: Subject: Permit No. AWI970032 Pardue Farm & Sons Animal Waste Operation Wilkes County In accordance with your change of ownership request received January 27, 2022, we are forwarding herewith Permit No. AWI970032, dated January 27, 2022 to Brandon Pardue authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with this permit. This permit shall be effective from February 1, 2022 until January 31, 2027, will replace the Permit previously issued to this facility, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Any increase in steady state live weight (SSLW) or increase in stocked animals above the listed numbers in this permit will require a modification to this permit and shall be completed prior to actual increase in either SSLW or number of animals. Please pay careful attention to the record keeping and monitoring conditions in this permit. Should your records show that the current Waste Utilization Plan (WUP) is inaccurate you will need to have a new WUP developed. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this Permit, please contact the Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, ,-DocuSigned by: �'awlLSL \S_PArticlkMith Director, Division of Water Resources cc: Wilkes County Health Department Wilkes County Soil and Water Conservation District Laserfiche Permit File No: 970032 NORTH � aew�mr nr FmIr,,rnM4I O�ul North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH CATTLE WASTE MANAGEMENT SYSTEM INDIVIDUAL 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 BRANDON PARDUE Wilkes County FOR THE operation of an animal waste collection, treatment, and land application system with an animal capacity of no greater than an annual average of 420 Beef Stocker cattle from which the waste is collected on concrete feeding pads and heavy use areas and is scraped periodically to store and treat in the animal waste treatment system consisting of a series of dry stacks prior to land application, with no discharge of wastes to the surface waters, pursuant to the application received January 27, 2022, and in conformity with the nutrient management plan, other specifications, and supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from February 1, 2022 until January 31, 2027, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches not otherwise classified as state waters. The waste collection, treatment, storage and application 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 or wetlands. Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance with Natural Resources Conservation Service (NRCS) Standards and does not result in a discharge of waste to surface waters or wetlands. NORTH aew�mr nr FmIPMrnM4I O�ul North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 Facilities must be designed, constructed and operated to contain all waste plus the runoff from a 25-year, 24-hour rainfall event for the location of the facility. A facility that has a discharge of waste that results because of a storm event more severe than the 25-year, 24- hour storm will not be considered to be in violation of this Permit if the facility is in compliance with its Certified Animal Waste Management Plan (CAWMP) and this Permit. Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharges from the ditches are controlled by best management practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been submitted to and approved by the Division of Water Resources (Division); (c) the BMPs were implemented as designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery; and (e) the event was documented and reported in accordance with Part III.13. of this Permit. Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm. 2. No discharge of waste shall result in a violation of the water quality standards established for the receiving waters as per Title 15A, Subchapter 2B, Section .0200 of the North Carolina Administrative Code and Title 15A, Subchapter 2L of the North Carolina Administrative Code. 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. — [G.S. §143- 215.6A and 15A NCAC 02T.1304(b)] The Permittee must assess, on an ongoing basis, the effectiveness of the implementation of the CAWMP. The Permittee must make "major changes," "revisions," or "amendments" to the CAWMP, as defined in Section VII, "Definitions," of this Permit, in order to address any changes needed to maintain compliance with this Permit. "Major changes," "revisions," and "amendments" to the CAWMP must be documented, dated, and included as part of the CAWMP. "Major changes" and "revisions" to the CAWMP shall be submitted to the appropriate Division Regional Office within thirty (30) calendar days of the "major change" or "revision." "Amendments" are not required to be submitted to the Division Regional Office unless specifically requested by the Division. If field, riser or pull numbers are changed, an explanation shall also be submitted and include a description of how the new numbers relate to the old numbers. Any violation of the CAWMP shall be considered a violation of this Permit and subject to enforcement actions. A violation of this Permit may result in the Permittee having to take immediate or long-term corrective action(s) as required by the Division. These actions may include but are not limited to: modifying the CAWMP; ceasing land application of waste; removing animals from the facility; or the permit being reopened and modified, revoked and reissued, and/or terminated. — [G.S. §143-215.10CA and 15A NCAC 02T .01101 4. Any proposed increase or modification to the annual average design capacity from that authorized by the permit will require a modification to the CAWMP and the permit prior to modification of the facility. 5. Animal waste shall not be applied within 100 feet of any well with the exception of monitoring wells. NCAROLJNA D_E\\ aewrtmmr nr5m1m,men41 Oyu North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times. . — [15A NCAC 02T .1304(b)] 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. — [15A NCAC 02T .1304(b)] 3. Soil pH on all land application fields must be maintained in the optimum range for crop production. — [G.S. §143-215.10C(e)(7)J 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. — [G.S. §143-215.10C, and 15A NCAC 02T.1304(b)] 5. Animal waste shall not be directly applied onto crops for direct human consumption that do not undergo further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within thirty (30) days of the harvesting of fiber and food crops for direct human consumption that undergoes further processing. — [15A NCAC 02T . 0108(b)] 6. 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. — [15A NCAC 02T .1304(b)] 7. No wastes such as septage, food wastes, greases, pesticides, toxic chemicals, or petroleum products shall not be disposed of in the animal waste management system. — [15A NCAC 02T .1304(b)] 8. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application 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 label, will not harm the cover crop, and will not contravene the groundwater standards listed in 15A NCAC 2L may be utilized in facilities covered by this Permit. Instruction labels are to be followed when using cleaning agents and soaps. — [15A NCAC 02T . 0108(b) and .1304(b)J 9. Disposal of dead animals resulting from normal mortality rates associated with the facility shall be done in accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and regulations. NCAROLJNA D_E\\ aewrtmmr nr5m1m,men41 Oyu North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 Disposal of dead animals whose numbers exceed normal mortality rates associated with the facility shall also be done in accordance with the facility's CAWMP and NCDA&CS Veterinary Division's Statutes and regulations provided that: 1) burial of such animals shall be done in consultation with the State Veterinarian of the NCDA&CS Veterinary Division's Statutes and in compliance with NCDA&CS regulations; 2) all such burial sites must be mapped, and the dates and numbers of the animals buried by type must be recorded; and 3) the map is submitted to the appropriate Regional Office Aquifer Protection Section within fifteen (15) calendar days of burial. In the event of a state of emergency declared by the Governor, disposal of dead animals shall be done in accordance with requirements and guidelines dictated by the State Veterinarian according G.S. §106-339.4. The Division may require groundwater monitoring when there is massive burial of animals. All burial sites of such animals must be mapped, and the dates and numbers of the animals buried by type must be recorded. 10. All dry stack walls and roofs must be constructed and maintained to contain solid waste and exclude rainfall during precipitation events. 11. Dry stacks shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 12. 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. — [15A NCAC 02T . 0108(b)] 13. No waste shall be applied in wind conditions that might reasonably be expected to cause the animal waste to reach surface waters or wetlands. — [15A NCAC 02T .0108(c)] 14. The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage areas and land application areas. — [15A NCAC 02T .1304(b)] 15. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow covered at the time of land application. — [15A NCAC 02T .1304(b)(7)J 16. Waste shall not be allowed to enter freshwater or storm water drains. 17. Land application of waste is prohibited during precipitation events. The Permittee shall consider pending weather conditions in making the decision to land apply waste and shall document the weather conditions at the time of land application on forms supplied by or approved by the Division. — [15A NCAC 02T .1304(b)(8)] Land application of waste shall cease within twelve (12) hours after the National Weather Service first issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch/Flash Flood Watch in advance of an associated tropical system including a hurricane, tropical storm, or tropical depression for the county in which the permitted facility is located. This requirement is intended to have all land application of animal waste end approximately twenty-four (24) hours in advance of the onset of the storm event. Watches and warnings are posted on the National Weather Service's website located at: www.weather.gov. More detailed website information can be found on Page 2. Watch and NORTH aew�mr nr FmIr,,rnM4I O�ul North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 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. — [15A NCAC 02T .0108(b)] 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). — [G.S. §143-215.10C(e)(6)J 19. All waste application equipment must be tested and calibrated once in the first two years after issuance of the Permit and then at least once every two years thereafter. The results must be documented on forms provided by, or approved by, the Division. 20. 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. — [15A NCAC 02T .0108(b)] 21. Crops for which animal waste is land applied must be removed from the land application site and properly managed and utilized unless other management practices are approved in the CAWMP. — [15A NCAC 02T . 0108(b) and .1304(b)J III. MONITORING AND REPORTING REQUIREMENTS 1. Monitoring and Recording Precipitation Events a. Precipitation events at facilities operating under this Permit shall be monitored and recorded as follows: A rain gauge must be installed at a site that is representative of the weather conditions at the farm's land application site(s) to measure all precipitation events. The precipitation type and amount must be recorded daily for all precipitation events and maintained on site for Department review. Daily records do not need to be maintained for those days without precipitation events. b. The Director may require that an automated rain gauge and recorder must be installed on site to measure and record all precipitation events. This equipment must be properly maintained and calibrated in a manner consistent with manufacturer's operation and maintenance recommendations. This automated equipment must be in place no later than ninety (90) days following receipt of notice from the Director. If an automated rain gauge(s) becomes inoperable, the Permittee shall: i. report the problem 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 problem; and, ii. make any needed repairs to the equipment as quickly as possible, and take and record all rainfall events until such time as the automated equipment is placed back into operation. NCAROLJNA D_E\\ aewrtmmr nr5m1m,mem41 Oyu North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 2. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted on each application field receiving animal waste in accordance with NCGS 143-215.10C(e)(6). As of the effective date of this Permit, the Statute requires that the analysis be conducted at least once every three years. 3. 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. Every reasonable effort shall be made to have the waste analyzed prior to the date of application and as close to the time of waste application as possible. This analysis shall include the following parameters: [G.S. §143-215.10C(e)(6)J Total Nitrogen (TKN) NH3-N NO3-N Zinc Total Phosphorus Copper 4. 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. — [G.S. §143.215.10C(e)(8)J 5. The Permittee must maintain monthly stocking records for the facility and make the records available to Department of Environment and Natural Resources (Department). Pastured animals not contributing waste to the animal waste management systems should not be counted on the monthly stocking records. 6. If, for any reason, there is a discharge from the waste collection, treatment, storage and application systems (including the land application sites), to surface waters or wetlands, the Permittee is required to make notification in accordance with Condition III. 14. The discharge notification shall include the following information: [15A NCAC 02T .0108(c)] 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 III. 6. above. NCAROLJNA D_E\\ aewrtmmr nr5m1m,men41 Oyu North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 7. A copy of this 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. Records include but are not limited to: soil and waste analyses, rain gauge readings, land application event(s), past inspection reports and operational reviews, animal stocking records, records of additional nutrient sources applied (including but not limited to sludges, unused feedstuff leachate, septage and commercial fertilizer), cropping information, waste application equipment testing and calibration, and records of removal of solids to off -site location(s). These records shall be maintained on forms provided or approved by the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this Permit, unless otherwise specified in this Permit. 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 NC G.S. 132-1.2, and shall be made available to the public by the Division as specified in Chapter 132 of the General Statutes. . — [15A NCAC 02T .0108(c)] 9. The Division may require any additional monitoring and reporting (including but not limited to groundwater, surface water or wetland, waste, sludge, soil, 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 Division's Winston-Salem 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: - [15A NCAC 02T . 0108(b)] a. Any discharge to ditches, surface waters or wetlands. b. Any discharge that poses a serious threat to the environment or human safety or health. 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 collection, treatment, storage and land application system resulting in a discharge to surface waters or wetlands. e. Any failure of the waste handling system that renders the facility incapable of adequately receiving, treating or storing the waste and/or sludge. f. A spill or discharge from a vehicle transporting waste or sludge to the land application field which results in a discharge to surface waters or wetlands. g- A spill or discharge from a vehicle transporting waste or sludge to the land application field which results in a discharge that poses a serious threat to surface waters or wetlands. NORTH aew�mr nr FmIr,,rnM4I O�ul North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 h. Any deterioration or leak in the waste handling system 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 Division's Winston-Salem 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. — [15A NCAC 02T . 0108(c)] 11. The Director may require the permittee to file an annual certification report based on the compliance history of the facility. If required, the report must be filed on forms provided by the Division. 12. The Director may require the facility to submit additional reports and/or certifications based on the facility's compliance history. 13. In the event of a discharge of 5 cubic yards or more of 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. 14. In the event of a discharge of 75 cubic yards 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 13. 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 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. — [G.S. §143-215.10C(h)(1)J 15. If a discharge of 5,000 cubic yards or more of waste reaches surface waters or wetlands, the Division's Winston-Salem 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 of the discharge. — [G.S. §143-215.10C(h)(2)J IV. INSPECTIONS AND ENTRY The Permittee 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: - [G.S. §143-215.10F] a. Enter the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Permit; NORTH aew�mr nr FmIr,,rnM4I O�ul North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 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. IV. 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. — [15A NCAC 02T . 0111(c)] 2. This Permit allows for the distribution of up to four cubic yards of manure per visit to individuals for personal use. The Permittee provide the recipient(s) with information on the nutrient content of the manure. Distribution of greater quantities must be to individuals or businesses permitted to distribute the waste, or to be land applied to sites identified in the Permittee's CAWMP. 3. The Permittee must inform the recipient(s) of his/her responsibilities to properly manage the land application of manure. Record keeping for the distribution of manure up to four (4) cubic yards per visit to individuals for personal use is not required. 4. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this Permit. 5. 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.. — [15A NCAC 02T . 0110(1)] 6. 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. This request will be considered on its merits and may or may not be approved. — [G.S. §143-215.10C and 15A NCAC 02T .1304(c)] 7. This Permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The Permittee shall notify the Division immediately of any applicable information not provided in the permit application. 8. If the Permittee wishes to continue an activity regulated by this Permit after the expiration date of this Permit, the Permittee must apply for and obtain a new permit. Renewal applications must be filed at least 180 days prior to the expiration of the Permit. — [15A NCAC 02T .01091 9. 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. — [15A NCAC 02T .O110J NORTH D_E aew�mr nr5mim,men4i O�ul North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 10. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A NCAC 2H .0225. 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 North Carolina General Statutes. V. 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. — [15A NCAC 02T .O110J 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 a permit coverage renewal application. — [15A NCAC 02T .01101 3. 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. — [15A NCAC 02T . 0108(b)J VI. DEFINITIONS 25-year, 24-hour rainfall or storm event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom. Agronomic rates means the amount of animal waste and/or other nutrient sources to be land applied to lands as contained in the nutrient management standard of the USDA Soil Conservation Service Technical Guide Section IV or as recommended by the North Carolina Depaitnient of Agriculture and Consumer Services and the North Carolina Cooperative Extension Service at the time of certification of the Animal Waste Management Plan by the appropriate technical specialist. Amendment to the CAWMP means a change and/or addition to a part(s) of the plan, and requires that the change and/or addition adhere to current applicable standards. The following are examples of amendments to the CAWMP: • In an existing CAWMP, a change in crops and/or cropping pattern that utilizes 25% or less of the N generated is considered a plan amendment. Additional acreage needed to facilitate the change in crops and/or cropping pattern is permissible and considered part of the amendment. • The addition of winter crops and/or interseeded perennial crops are considered amendments to an existing CAWMP when the operation does not require additional acreage and/or crops for N utilization, and does not exceed the 25% criteria stated above. • When a CAWMP cannot meet N utilization requirements due to land lost to irrigation inefficiency (usable versus total acres), then the CAWMP may be amended to increase NORTH � aew�mr nr5mim,men4i Oyu North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 available acreage and/or change the crop for N utilization. This is the only exception to the 25% N criteria for plan revision. • Inclusions of emergency action plans, and insect, odor and mortality checklists are considered CAWMP amendments. • Including additional acreage for land application beyond what is required in the existing CAWMP is considered a plan amendment. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12) month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal of wastes. Ditch means any man made channel for the purpose of moving water off a site to the surface waters. Excessive Ponding means any area of the application field where visible liquid waste is ponded on the surface of the land application site more than four (4) hours following the application of waste. Excessive ponding also means any areas where the ponding of waste has resulted in crop failure. Groundwaters means any subsurface waters, as defined in 15A NCAC 2L .0102. Land application means the application of wastewater and/or waste solids onto or incorporation into the soil. Major changes to the CAWMP means changes in the number of animals, type of operation (feeder to finish to wean to feeder), retrofit of a storage pond, installation of a new irrigation system, and similar type changes. Recertification is only required for major changes to the CAWMP. Major changes to a facility must first be approved by DWQ. The new CAWMP and the certification shall be submitted with a request that the permit be amended to reflect the changes. The facility may not make the changes until a new or amended permit has been issued. Revision to the CAWMP means a change to an entire CAWMP to meet current applicable standards. A CAWMP must be revised if the operation cannot utilize all N nitrogen generated by the animal production in accordance with the existing CAWMP, except for the specific conditions noted in the CAWMP amendment criteria as previously defined. For an existing CAWMP, a change in crops and/or cropping pattern that utilizes more than 25% of the N generated by the operation is considered a plan revision. Any change to an existing CAWMP, whether an amendment or revision, must be signed and dated by both the producer and a technical specialist for the new CAWMP to be valid. A revision of the CAWMP does not require recertification. State Waters means all surface waters, wetlands, groundwaters and waters of the United States located in the State. NCAROLJNA D_E\\ aewrtmmr nr5m1m,men41 Oyu North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129 DocuSign Envelope ID: 5ABAAED7-F1 AC-4F15-8AD9-56BC84856D09 Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other surface body or surface accumulation of water, whether public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of the State of North Carolina, including any portion of the Atlantic Ocean over which the State has jurisdiction as well as any additional Waters of the United States which are located in the State. Waste means manure, animal waste, wastewater produced as a by-product of milk bottling and ice cream -making activity, and process wastewater and/or sludge generated at an animal feeding operation. Wetlands means areas that are inundated or saturated by an accumulation of surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined in 15A NCAC 2B .0202. This Permit issued the 31d day of February, 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION —DocuSigned by: rzumtts(A, romt t4 '—E3415E2C05B24CD... f S. Daniel Smith, Director North Carolina Division of Water Resources By Authority of the Environmental Management Commission Permit Number AWI970032 NOCAROLJNA DE\\ aewrtmmr nr5m1m,mem41 Oyu North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636 919.707.9129