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HomeMy WebLinkAbout090133_Permit (Issuance)_20221031DocuSign Envelope ID: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality October 31, 2022 William R. Kinlaw Kinlaw Farm #1 - #3 POBox237 Dublin, NC 28332 Subject: Permit No. AWI090133 Kinlaw Farm #1 - #3 Animal Waste Management System Bladen County Dear William R. Kinlaw: In accordance with your application requesting Zero Animal permit received on October 25, 2022, we are hereby forwarding to you this Permit issued to William R. Kinlaw authorizing the operation of the subject animal waste management system. You had indicated the animal population at this facility to be zero until such time as the waste storage lagoon at this facility is properly closed. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste structures on the Kinlaw Farm #1 - #3, with an annual capacity of no greater than an annual average of zero (0) Swine. The Permit shall be effective from the date of issuance until September 30, 2027, and replaces the Permit No. AWS090133 previously issued to this facility. You are subject to the conditions of this permit until the closure of all waste storage basins and the rescission of this permit. You must submit a letter to the Division of Water Resources to request rescission of the Permit by providing documentation of closure of all containment basins. The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights in either real or personal property. Per 15A NCAC 2T. 0111(c), a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards, a 100-ft separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this Permit may result in revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an application for renewal must be filed at least 180 days prior to expiration. D_E NORTH CAROLINA o�mm�M mro����I o�.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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 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 Fayetteville Regional Office. The Fayetteville Office Water Quality Regional Operations Section Staff may be reached at (910) 433-3326. If you need additional information concerning this Permit, please contact the Animal Feeding Operations Branch staff at (919) 707-9129. cc: Sincerely, LDocuSigned by: ii4VA1 s ritit\ IL E3415E2C05B24CD... for Richard E. Rogers, JR. Director, Division of Water Resources Bladen County Health Depailnient Bladen County Soil and Water Conservation District Laserfiche File No: 090133 NORTH CAROLINA o�mm�Mm .�����l o�.i� kswie/� 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO William R. Kinlaw Bladen County FOR THE continued operation and maintenance of an animal waste management system for the Kinlaw Farm #1 - #3, located in Bladen County, consisting of zero (0) Swine and the application to land as specified in the Facility's Certified Animal Waste Management Plan (CAWMP). This permit shall be effective from the date of issuance until September 30, 2027 and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. The animal waste management system operated under this Permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance with Natural Resources Conservation Service (NRCS) Standards and does not result in a discharge of waste to surface waters, wetlands, or ditches. If the Facility has a discharge of waste that reaches surface waters or wetlands resulting from a storm event more severe than a 25-year, 24- hour storm, it will not be considered to be in violation of this Permit, as long as the Facility is in compliance with its CAWMP and this Permit. 2. No discharge of waste shall result in a violation of the water quality standards established for receiving waters as per Title 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 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. §143-215.6A and 15A NCAC 02T .1304(b)] 4. Any proposed modification to operation type or the annual average design capacity from that authorized by the COC is considered a "major change" and will require a modification to the CAWMP and the COC prior to modification of the facility. — [G.S. §143-215.10C, 15A NCAC 02T . 0108(b) and .1304(b)J Am NORTH CAROLINA \ nepnrhrerrt 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 5. Animal waste shall not be applied within: a. 100 feet of any well except for monitoring wells. The allowable distance to monitoring wells shall be established on a case -by -case basis by the Division. — [15A NCAC 02T .1304(b)(5)J b. 25 feet from a perennial stream or perennial waterbody; — [15A NCAC 02T .1304(b)(6)J c. 200 feet from a dwelling not owned by the Permittee at the time waste was first applied at the land application site. — [15A NCAC 02T .1304(b)(5)J II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated properly 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 or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy. — [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 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. In no case shall land application result in excessive ponding or any runoff during any given application event. — [15A NCAC 02T .1304(b)] 6. 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)] 7. 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)] 1:)..E NORTH CAROLINA nepnrhrerrt 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 8. 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)] 9. 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 10. 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] 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 11. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the waste storage structures to prevent any unnecessary addition to the liquid volume in the structures. — [15A NCAC 02T .1304(b)] 12. A protective vegetative cover shall be established and maintained on all earthen lagoon/storage pond embankments (outside toe of embankment to maximum operating level/compliance level on embankment interior), berms, pipe runs, and storm water diversions with the goal of preventing erosion. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed. — [15A NCAC 02T .1304(b)] 13. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in accordance with the CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to the lagoon dikes and liner. — [15A NCAC 02T .1304(b)] 14. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. — [15A NCAC 02T .0108(b)] 15. 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)] 16. The Permittee shall designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system. The waste management system shall be operated by the Operator in Charge (OIC) or a person under the OIC's supervision. — [G.S. 090A-47.2J 17. The OIC or a designated Back-up OIC of a Type A Animal Waste Management System, or a person under the supervision of an OIC or designated Back-up OIC shall inspect the land application site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, land application area used, and name of the operator for each inspection. If neither the OIC or designated Back-up OIC was present during land application, then the OIC or designated Back-up OIC shall inspect the land application area within twenty-four (24) hours. . Inspections shall include but not be limited to visual observation of application equipment, land application area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. — [15A NCAC 8F .0203(b) and 15A NCAC 02T . 0108(c)J 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 18. Upon written notification from the Director, the Permittee shall install and operate automatic flow meters with flow totalizers or other flow monitoring equipment approved by the Division. The Permittee shall maintain such devices according to the manufacturer's instructions and warranties. The equipment must be in place no later than ninety (90) days following receipt of notice from the Director. Notification may be based on the facility's violations, incomplete or incorrect record keeping events, or if the Division determines that flow estimation techniques do not effectively quantify volumes of waste applied. This determination shall be made on a case -by -case basis. — [15A NCAC 02T . 0108(c)] 19. No waste shall be applied in wind conditions that cause or might reasonably be expected to cause the waste to reach surface waters, wetlands, or cross property lines or field boundaries. [15A NCAC 02T . 0108(b)] 20. Upon written notification from the Director, the Permittee shall install/utilize application equipment or practices that reduce drift potential. Written notification may be provided if the Division determines violations due to wind drift. This determination shall be made on a case -by -case basis. — [15A NCAC 02T .1304(b)] 21. 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)] 22. 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 23. 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)J 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.2ov. More detailed website information can be found on Page 2 of the COC. Watch and warning information can also be obtained by calling the local National Weather Service Office that serves the respective county, which can be found on Page 2 of the COC. — [15A NCAC 02T . 0108(b)] 24. The Permittee shall: a. install, operate, and maintain devices on all irrigation pumps/equipment designed to automatically stop irrigation activities during precipitation; or b. commit to provide for the presence of the OIC, a designated backup OIC, or a person under the supervision of an OIC or designated Back-up OIC at all times during the land application of waste so that in case of a precipitation event, the irrigation activities will be stopped immediately. This commitment must be submitted in writing to the Division on a form supplied by, or approved by, the Division. — [G.S. §90A-47J 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 Installation of devices or submission of alternate documentation shall be completed within 12 months of the issuance of the COC for this Permit. The Permittee shall maintain such devices according to the manufacturer's instructions and warranties. This Condition does not apply to manure spreaders or other equipment pulled by manned vehicles. — [15A NCAC 02T . 0108(b)] 25. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test Index for Copper of greater than 3,000 or Zinc of greater than 3,000. — [G.S. §143- 215.10C(e) (6)J 26. All waste application equipment must be tested and calibrated at least once every two years. The results must be documented on forms provided by, or approved by, the Division. — [15A NCAC 02T .1304(b)(9)J 27. Any major structural repairs to lagoons/storage ponds must have written documentation certifying proper design and installation. Professional engineers, authorized federal employees, and technical specialists with Structural Animal Waste designation may provide certification. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no certification 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 or liner. — [15A NCAC 02T . 0108(b)] 28. Crops for which animal waste is land applied must be harvested, removed from the land application site, and properly utilized unless other management practices are approved in the CAWMP. Hay harvested from the land application fields shall be removed within twenty-four (24) months of cutting unless other management practices are approved in the CAWMP. — [15A NCAC 02T . 0108(b) and .1304(b)J 29. In accordance with NC NRCS Conservation Practice Standard No. 359 'Waste Treatment Lagoon", an operator may temporarily lower lagoon levels to provide irrigation water during drought periods and to provide additional temporary storage for excessive rainfall during the hurricane season and in preparation for the following winter months. All conditions of NC NRCS Standard No. 359 must be satisfied prior to lowering lagoon levels below designed stop pump levels. — NC NRCS Standard No. 359 requires the following: a. period of June 15 through October 31 b. This option shall be limited to lagoons having a minimum of 4 feet of liquid above the sludge layer. The measurement shall be taken from the stop pump level, at the pump intake, prior to pumping below the stop pump level. c. All applications must be in conformance with the CAWMP developed for the operation, including adherence to the planned nutrient application rates. d. From November 1 through June 14, pumping from the lagoon will not be permitted when the lagoon level is at or below the stop pump elevation. e. The following information concerning the pump down conditions shall be recorded and maintained on site: NORTH CARntnt Fl NA reM m En vironmental ou.nry i. Date the lagoon was first pumped below the stop pump level; 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 ii. Depth of liquid between the stop pump level and the sludge layer prior to pumping below the stop pump mark. Measured from the stop pump level near the pump intake location but off the inside slope of the embankment; iii. Date pump down was completed; and iv. Depth of pump down below the stop pump level. Measured weekly until the lagoon returns to the stop pump level. [15A NCAC 02T .1304(b)] III. MONITORING AND REPORTING REQUIREMENTS 1. An inspection of the waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals, or discharge. Inspections shall also include visual observation of subsurface drain outlets, ditches, and drainage ways for any discharge of waste. — [15A NCAC 02T .1304(b)] 2. Monitoring and Recording Freeboard Levels a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free -flowing transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings. — [15A NCAC 02T .1304(b)(10)J The waste level in each lagoon with a waste level gauge shall be monitored and recorded weekly on forms supplied by or approved by the Division. — [15A NCAC 02T .0108(c)] Upon written notification from the Director, more frequent monitoring and recording of waste levels may be required based on the facility's compliance history for freeboard violations. This determination shall be made on a case -by -case basis. — [15A NCAC 02T . 0108(c)] b. All waste -level gauges must be certified, at least once every five (5) years, that it complies with the structure design and CAWMP, is representative of the low point of the lagoon embankment, and accurate to within 1/10 of a foot. Certification must be recorded on forms provided or approved by the Division. — [15A NCAC 02T.0108(b)] c. Upon written notification from the Director, the Permittee shall monitor and record waste levels as described below. Written notification may be provided if the Division determines that waste level monitoring and recordkeeping do not adequately represent the volumes of waste in the structure to ensure appropriate management. This determination shall be made on a case -by -case basis. — [15A NCAC 02T . 0108(c)] 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 In addition to the facility's existing lagoon waste -level gauges, automated lagoon/storage pond waste -level monitors and recorders (monitored and recorded at least hourly) must be installed on all treatment and storage lagoons covered by a COC issued under this Permit to measure and record lagoon freeboard. 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 notification from the Director. The Director may determine that installation of automated waste level monitors is not required if the Permittee can demonstrate that preventative measures were taken to avoid the violations and that the violations resulted from conditions beyond the permittee's control. — [15A NCAC 02T . 0108(c)J If an automated level monitor(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 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 daily lagoon levels at the same time every day until such time as the automated equipment is placed back into operation. [15A NCAC 02T . 0108(c)J d. The Director may require new or modified waste -level gauges at any facility if it is determined that the existing gauges are not adequate to accurately indicate actual lagoon levels, or the various lagoon levels required to be maintained by this Permit or the facility's CAWMP. 3. Monitoring and Recording Precipitation Events a. A rain gauge must be installed at a site that is representative of the weather conditions at the farm's land application site(s). Daily records of precipitation type and amount must be recorded for all precipitation events and maintained on site for review by the Depailnient of Environmental Quality (Depaitnient). Daily records do not need to be maintained for those days without precipitation events. — [15A NCAC 02T . 0108(c)J b. Upon written notification from the Director, the Permittee shall install an automated rain gauge and recorder 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. Written notification may be provided if the Division determines that precipitation measurements and recordkeeping do not adequately represent precipitation at the facility. This determination shall be made on a case -by -case basis. — [15A NCAC 02T .0108(c)J NORTH CARntnt Fl NA reM m En vironmental ou.nry 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, 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 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. [15A NCAC 02T . 0108(c)] 4. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted at least once every three (3) years on each application field receiving animal waste. — [G.S. § 143-215.10C(e)(6).J 5. An analysis of a representative sample of the animal waste to be applied 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: Nitrogen Zinc Phosphorus Copper — [G.S. §143-215.10C(e)(6)J 6. 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 of 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. 7. A record shall be created and maintained of all transfers of waste between waste structures on the same site not typically operated in series. Such record shall include at least the identity of the structure from which the waste was transferred, the identity of the structure receiving the waste, the date and time of transfer and the total volume/quantity of waste transferred. — [1 SA NCAC 02T . 0108(c)] 8. 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 111.12. The discharge notification shall include the following information: a. Description of the discharge: A description of the discharge including an estimate of the volume discharged, a description of the flow path to the receiving surface waters or wetlands and a site sketch showing the path of the waste. Also, an estimation of the volume/quantity 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. D-AmE -,,,) NORTH CAROLINA \ nepnrhrerrt 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 e. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition III. 5. above. 9. A copy of this Permit, the facility's COC, 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 five (5) years. Records include but are not limited to: soil and waste analyses, rain gauge readings, freeboard levels, irrigation and 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, milk waste, 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. 10. 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 G.S. §132-1.2 or G.S. §143-215.9D 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)] 11. Upon written notification by the Director, the Permittee shall undertake any monitoring and reporting (including but not limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond levels and plant tissue) necessary to determine the source, quantity, quality, and effect of animal 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. Notification shall be made on a case -by -case basis. — [15A NCAC 02T .0108(c)] 12. Regional Notification: The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: — [15A NCAC 02T . 0108(b)] a. Failure of any component of the animal waste management system resulting in a discharge to ditches, surface waters, or wetlands. b. Any failure of the waste treatment and disposal system that renders the facility incapable of adequately receiving, treating, or storing the waste and/or sludge. c. A spill or discharge from a vehicle transporting waste or sludge to the land application field which results in a discharge to ditches, surface waters, or wetlands or an event that poses a serious threat to surface waters, wetlands, or human health and safety. 1:)..E NORTH CAROLINA nepnrhrerrt 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment or human safety or health. e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2. of this Permit. f. Failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from top of dam or as specified in lagoon/storage pond design). Note that this notification is in addition to the report required by Condition III.12.e above. g- An application of waste either in excess of the limits set out in the CAWMP or where runoff enters ditches, surface waters, or wetlands. h. Any discharge to ditches, surface waters, or wetlands or any discharge that poses a serious threat to the environment or human health or safety. For any emergency which requires immediate reporting after normal business hours, contact must be made with the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate Division Regional Office within five (5) calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. In the event of storage capacity violations as described in Condition III.12.e, the written report shall outline the actions proposed to be taken to restore compliance within thirty (30) calendar days. The requirement to file a written report may not be waived by the Division Regional Office. In the event the waste level in a lagoon/storage pond is found to be within the designed structural freeboard, the Permittee shall file a written report to the appropriate Division Regional Office within two (2) calendar days following first knowledge of the occurrence. This report shall outline actions taken or proposed to be taken to reduce waste levels below the designed structural freeboard within five (5) calendar days of first knowledge of the occurrence. IV. INSPECTIONS AND ENTRY 1. 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 the regulated Facility or activity is located or conducted, or where records must be kept under the conditions of this Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit; c. Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Permit; and, 1:)..E NORTH CAROLINA nepnrhrerrt 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance, any substances or parameters at any location. V. GENERAL CONDITIONS 1. The issuance of this Permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water, wetlands, groundwater and air quality standards or for damages to surface waters, wetlands or groundwaters resulting from the animal operation. — [15A NCAC 02T . 0111(c)] 2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain a 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural freeboard. — [15A NCAC 02T .1304(b)] 3. Any containment basin, such as a lagoon or a storage pond, used for waste management shall continue to be subject to the conditions and requirements of this Permit until properly closed. When the containment basin is properly closed in accordance with the Natural Resource Conservation Service (NRCS) North Carolina Standard for Closure of Waste Impoundments, February 2005 or any subsequent amendment, the containment basin shall not be subject to the requirements of this Permit. The Permittee must submit a letter to the Division to request rescission of the Permit by providing documentation of closure of all containment basins. — [15A NCAC 02T .1306(a)] Closure shall also include a minimum of 24 hours pre -notification of the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the address identified on the form within fifteen (15) days of completion of closure. — [15A NCAC 02T . 0108(b)] 4. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements, which are required in the CAWMP, shall constitute grounds for revocation of its COC to operate under this Permit. — [15A NCAC 02T . 0110(1)] 5. A COC to operate under 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 shall be submitted within sixty (60) days of change of ownership. The 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)] 6. The issuance of this Permit does not prohibit the Division from reopening and modifying the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the appropriate laws, rules, and regulations. [15A NCAC 02T .01101 7. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A NCAC 02T .0111(c). An exceedance of Groundwater Quality Standards at or beyond the Am NORTH CAROLINA \ nepnrhrerrt 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: 8B12AF4C-EDEE-45C5-8953-01 E483F1 F934 Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the NCGS. VI. PENALTIES 1. Failure to abide by the conditions and limitations contained in this Permit; the Facility's CAWMP; and/or applicable state law; may subject the Permittee to an enforcement action by the Division including but not limited to the modification of the animal waste management system, civil penalties, criminal penalties, and injunctive relief. — [15A NCAC 02T .01101 2. The Permittee must comply with all conditions of this Permit. Any Permit noncompliance constitutes a violation of state law and is grounds for enforcement action; for Permit coverage termination, revocation and reissuance, or modification; or denial of Permit coverage renewal application. — [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)1 This Permit issued the 31st day of October 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: L t,s(A, rttvazt. 562Arn... for Richard E. Rogers, JR., Director North Carolina Division of Water Resources By Authority of the Environmental Management Commission Permit Number AWI090133 NORTH CAROLINA o�mm�Mm .�����l o�.i� kswie/� 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