HomeMy WebLinkAbout790012_Permit (Issuance)_20221010DocuSign Envelope ID: C2336694-FC46-40B7-9BAD-5D17BCB9A91 D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
October 10, 2022
Annette Bradsher
Flintrock Farm
221 Flintrock Trail
Reidsville, NC 27320
Subject: Permit No. AWI790012
Flintrock Farm
Animal Waste Collection, Treatment, Storage,
and Application System
Rockingham County
Dear Annette Bradsher:
In accordance with your permit renewal request received September 12, 2022, we are forwarding herewith
Permit No. AWI790012, dated October 10, 2022, to Annette Bradsher 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 the date of issuance until September 30, 2027, shall hereby void Permit
No. AWI790012 issued October 31, 2017, 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 flow or increase in waste production above the values in this permit
or the most recent approved Waste Utilization Plan will require a modification to this permit and shall be
completed prior to actual increase in either flow or waste production.
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 the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made this permit shall be final and binding.
This facility is located in a county covered by our Winston-Salem Regional Office. The Regional Office
staff may be reached at 336-776-9800. If you need additional information concerning this COC or the
General Permit, please contact the Animal Feeding Operations Program staff at (919) 707-9129.
Sincerely,
DocuSigned by:
5vAkt,sL rwa,(LA
RietaniBBpRogers, Jr
Director, Division of Water Resources
cc: Rockingham County Health Department
Rockingham County Soil and Water Conservation District
Winston-Salem Regional Office, Aquifer Protection Section
Laserfiche File No: 790012
D_E
NORTH CAROLINA
oopammoM of me ou.i�
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: C2336694-FC46-40B7-9BAD-5D17BCB9A91 D
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
INDIVIDUAL ANIMAL WASTE OPERATION 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
Annette Bradsher
Rockingham County
FOR THE
continued operation and maintenance of an animal waste management system for the Annette Bradsher
horse facility, consisting of a solids storage and handling facility, land application of wastes, and all
necessary pipes, pumps, and appurtenances to serve 135 horses, with no discharge of wastes to the surface
waters, pursuant to the request received September 12, 2022, and in conformity with the project plan,
specifications, and other supporting data subsequently filed and approved by the Depailnient of
Environmental Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until September 30, 2027, shall herby void Permit
No. AWI790012 issued October 31, 2017, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1. The animal waste collection, treatment, storage and land system permitted 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 at
agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural
Resources Conservation Service (NRCS) Standards. If the Flintrock Farm is in compliance
with this permit and the most recent Waste Utilization Plan and unintentionally discharges
as a result of a storm event greater than the 25-year, 24-hour storm, the facility will not be
considered to be in violation of this permit.
2. No discharge of waste shall result in a violation of the water quality standards established
for receiving waters as per Title 15A, 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. Any
violation of the terms or conditions of the COC or the CAWMP is a violation of this Permit
NORTH CARntnt Fl NA
reM m En
vironmental ou.nry
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: C2336694-FC46-40B7-9BAD-5D17BCB9A91 D
subject to enforcement action and may result in the Permittee having to take immediate
and/or long-term corrective action(s) as required by the Division. — [G.S. 0143-215.6A and
15A NCAC 02T .1304(b)]
4. This facility may not be expanded above the yearly capacities shown in the Waste
Utilization Plan until a new permit reflecting the expansion has been issued.
5. A copy of this permit, the Waste Utilization Plan, lessee and landowner agreements, and
certification forms shall be readily available at the facility (stored at places such as the
facility residence, office, outbuildings, etc.) where animal waste management activities are
being conducted for the life of this permit. These documents shall be kept in good
condition and records shall be maintained in an orderly fashion.
6. The following buffers shall be maintained:
a. 200 feet between land application area and any residence or places of public assembly
under separate ownership, — [15A NCAC 02T .1304(b)(5)J
b. 25 feet between land application area and property lines,
c. 100 feet between land application area and wells, — [15A NCAC 02T .1304(b)(5)J
d. 25 feet between land application area and drainage ways or surface water bodies,
e. 100 feet between waste treatment or storage units and any wells that supply water to a
public water system, or any other well that supplies water for human consumption, and
f. 50 feet between waste treatment or storage units and property lines.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated. — [15A NCAC 02T .1304(b)]
2. A suitable vegetative cover shall be maintained on all land application sites and buffers in
accordance with the most recent Waste Utilization Plan. No waste may be applied upon
fields or crops not approved by or prepared in accordance with Waste Utilization Plan.
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 the total
land application rates from all nutrient sources exceed the agronomic rate of the nutrient of
concern for the receiving crop. — [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, or prior to the
next rainfall event, whichever occurs first. This requirement does not apply to no -till fields,
pastures, or fields where crops are actively growing. — [15A NCAC 02T . 0108(b)]
NORTH CARntnt Fl NA
reM m En
vironmental ou.nry
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: C2336694-FC46-40B7-9BAD-5D17BCB9A91 D
7. No material other than animal wastes of the type generated on this facility shall be disposed
of in the animal waste collection, treatment, storage or application systems. This includes
but is not limited to pesticides, toxic chemicals and petroleum products. — [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 if 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 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.
Disposal of dead animals must occur within twenty-four (24) hours after knowledge of the
death in a manner approved by the State Veterinarian. Proposed methods for disposal of
mortality that extends beyond twenty-four (24) hours must be approved by the State
Veterinarian. Burial is not recommended for disposal of dead animals. Mortality
management plans that utilize burial must include maps showing existing and planned
burial locations with setbacks from surface waters, wells, and property lines. The Division
may require groundwater monitoring for mortality burial sites.
For animal carcass disposal that addresses catastrophic mortality (as defined by
NCDA&CS Veterinary Division), mortality numbers that exceed the capacity of the
primary mortality management method, or when the primary/normal mortality
management method is unable to be used, the facility shall:
a. Report the loss to the NCDA&CS Veterinary Division within 24-hours of the mortality
event.
b. If burial is the disposal method, then also:
i. consult with the Division and NCDA&CS Veterinary Division prior to burial;
ii. map the burial sites, showing burial locations and setbacks from surface waters,
wells, and property lines;
iii. record the dates and numbers of the animals buried by species and type; and
iv. submit the map and burial records within fifteen (15) calendar days of burial to the
Water Quality Regional Operations Section within the appropriate Regional
Office.
[G.S. §143-215.10C(e)(3) and §106-403J
In the event of a state of emergency declared by the Governor, disposal of dead animals
shall be done in accordance with the guidelines issued by the State Veterinarian. — [G.S.
§106-402.1]
10. All treatment units shall be kept free of foreign debris including, but not limited to, tires,
bottles, light bulbs, gloves, syringes or any other solid waste. — [15A NCAC 02T .0108(b)]
1:)..E
NORTH CAROLINA
o�mm�Mm.�����I o�.iN /�
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: C2336694-FC46-40B7-9BAD-5D17BCB9A91 D
11. The facility must have 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;
c. A contract with a third party applicator capable of providing adequate waste
application; or
d. A contract for the purchase of the equipment. Equipment shall be capable of
meeting Permit Condition II. 4.
[1 SA NCAC 02T . 0108(b)J
III. MONITORING AND REPORTING REQUIREMENTS
1. Adequate records shall be maintained by the Permittee tracking the amount of waste
disposed. These records shall include, but not necessarily limited to, the following:
a. Date of application;
b. Volume of waste applied;
c. Field utilized for application;
d. Current crop;
e. PAN applied;
f. Nitrogen Balance for field after each application is complete;
g. The dates and amounts of solid waste removed from the site; and
h. The name and address of the party responsible for removal of solid waste.
Division reporting forms SLD-1 and SLD-2 should be utilized as necessary.
2. The Permittee or their designee shall inspect the waste collection, treatment, and storage
structures and runoff control measures. These inspections shall be conducted at a
frequency to insure proper operation, but at a minimum frequency of MONTHLY, as well
as after ALL storm events. For example, structures should be inspected for evidence of
erosion, leakage, damage by animals, or discharge. The Permittee shall keep an inspection
log or summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of
inspections shall be maintained by the Permittee for a period of three years from the date
of the inspection and shall be made available upon request to the Division or other
permitting authority.
Any major structural repairs must have written documentation from a professional engineer
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 [for example: piping, reels, valves, pumps (if the GPM capacity is
not being increased or decreased), etc.].
3. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be
conducted annually on each application field receiving animal waste. The results of these
tests shall be maintained on file by the Permittee for a minimum of three years and shall be
made available to the DWR upon request.
NORTH CARntnt Fl NA
reM m En
vironmental ou.nry
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: C2336694-FC46-40B7-9BAD-5D17BCB9A91 D
4. An analysis of the animal waste shall be conducted as close to the time of application as
practical and at least within 60 days (before or after) of the date of application. This
analysis shall include nitrogen, zinc, phosphorous and copper.
5. Records, including land application event(s) and removal of solids to an off -site location(s)
records, shall be maintained by the Permittee in chronological and legible form for a
minimum of three years. These records shall be maintained on forms provided or approved
by the DWR and shall be readily available for inspection.
6. Regional Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone
number (336) 771-5000, as soon as possible, but in no case more than 24 hours following
first knowledge of the occurrence of any of the following events:
a. Failure of any component of the animal waste collection, treatment, and storage
and land application system resulting in a discharge to surface waters.
b. Any failure of the animal waste treatment and disposal program that renders the
facility incapable of adequately receiving, treating or storing the animal waste
and/or sludge.
c. A spill or discharge from a vehicle or piping system transporting animal waste or
sludge which results in, or may result in, a discharge to surface waters or an event
that poses a serious threat to surface waters.
d. Any deterioration or leak in a treatment unit, lagoon or storage pond that poses an
immediate threat to the environment.
e. Application of animal waste either in excess of the limits set out in the Waste
Utilization Plan or where runoff enters waters of the State.
f. Any discharge that bypasses a treatment unit, lagoon or storage pond resulting in
a discharge to surface waters or that poses a serious threat to the environment.
For any emergency which requires immediate reporting after normal business
hours, please contact the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division's Regional Office
of the occurrence within five 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's Regional Office.
IV. GROUNDWATER REQUIREMENTS
The Groundwater Compliance Boundary for the disposal system constructed after
December 31, 1983, is established at either (1) two hundred fifty (250) feet from the waste
structures and from the waste disposal area, or (2) fifty (50) feet within the property
boundary, whichever is closest to the waste structures and the waste disposal area. If this
facility was constructed prior to December 31, 1983, the Compliance Boundary is
established at either (1) five hundred (500) feet from the waste disposal area, or (2) at the
property boundary, whichever is closest to the waste disposal area. An exceedance of
Groundwater Quality Standards at or beyond the Compliance Boundary is subject to
1:)..E
NORTH CAROLINA
nepnrhren t of Environmental Ouolny
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: C2336694-FC46-40B7-9BAD-5D17BCB9A91 D
immediate remediation action in addition to the penalty provisions applicable under the
North Carolina General Statutes.
V. INSPECTIONS
Any duly authorized officer, employee, or representative of the DWR may, upon
presentation of credentials and in accordance with reasonable and appropriate biosecurity
measures, enter and inspect any property, premises or place on or related to the collection,
treatment, storage and land application system at any reasonable time for the purpose of
determining compliance with this permit; may inspect and obtain a copy of any records
that must be kept under the terms and conditions of this permit; and may obtain samples of
the animal waste, groundwater, soil, plant tissue, or surface water. — [G.S. §143-215.10F]
VI. GENERAL CONDITIONS
1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface waters or ground waters resulting from the operation of this program. — [15A
NCAC 02T . 0111(c)J
2. Should the DWR have good reason to believe that any activities conducted pursuant to this
permit may cause or contribute any waste, directly or indirectly, to be intermixed with the
waters of the State, the DWR may require any monitoring (including but not limited to
groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to
determine the source, quantity, quality, and effect of such waste upon the waters of the
State. Such monitoring, including its scope, frequency, duration and any sampling, testing,
and reporting systems, shall meet all applicable Environmental Management Commission
requirements. "Good Reason" may be based on the findings of a related Federal, State,
Commission or DEQ authorized study or report, or other evidence showing that violations
of State water quality standards or other applicable environmental standards have occurred
or may occur.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statute 143-215.6A-6C and may include the requirement to obtain additional
treatment or storage units and/or addition of land application, and/or the modification of
the animal waste management system.
4. 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 .0110.
5. 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.
6. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements which are required in the permit application and/or Waste Utilization Plan,
shall constitute grounds for revocation of this permit. — [15A NCAC 02T . 0110(1)]
7. This permit is effective only with respect to the nature and volume of wastes described in
this permit for the Flintrock Farm.
NORTH CARntnt Fl NA
reM m En
vironmental ou.nry
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: C2336694-FC46-40B7-9BAD-5D17BCB9A91 D
8. This permit is not automatically transferable. In the event there is a desire for the facilities
to change ownership, or there is a name change of the Permittee, a formal permit request
must be submitted to the Division accompanied by an application fee, documentation from
the parties involved, and other supporting materials as may be appropriate. The approval
of this request will be considered on its merits and may or may not be approved.
9. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
renewal. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
10. This permit allows for the distribution of manure up to four (4) cubic yards per visit to
individuals for personal use.
Permit issued the 10th day of October, 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
—DocuSigned by:
1L)W rWVat
cciara2 05 Ko ge rs, Jr.
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI790012
NORTH CAROLINA
o�mmoMm.���n�l ou.i� /*"
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