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
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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
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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
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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
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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
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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\\
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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:
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f S. Daniel Smith, Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI970032
NOCAROLJNA
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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