310740_Add-Info Response_20231227

December 27, 2023
Christine Lawson, Engineer
NCDEQ Division of Water Resources
Animal Feeding Operations
1636 Mail Service Center
Raleigh, NC 27699-1636
Subject: Response to Additional Information Request
Application No. ADS310740
Victory Farm
Duplin County
Dear Mrs. Lawson,
CAVANAU G H
Stewardship Through Innova,,.
Cavanaugh & Associates, P.A., on behalf of Hilton Agribusiness, LLC has reviewed your Additional
Information Request, dated December 1, 2023, for the subject permit modification application for
'Victory Farm', which is noted to have been received by the Division on September 11, 2023; and has
developed responses and additional supporting information to address each item in your letter. For
your convenience, we have repeated the comments below in bold font, followed by the responses in
italicized font.
1. Nutrient Management Plan (NMP) —The NMP submitted is dated April 15, 2020, includes a
lease agreement in which Bill Burch grands Smithfield Hog Production Division permission to
land apply swine waste on 148.18 acres. The lease is issued to the current owner and expires
on May 31, 2025.
a. Please provide an updated lease agreement issued to the current owner, or
documentation that the lease agreement extends to the current owner.
b. Please indicate in the NMP which land application fields are leased and which are
owned.
Response: The requested information will be coming separately from the owner
2. Biogas Use as a Renewable Energy Resource — Session Law 2023-63 (2023 Farm Act) requires
that the gases collected by a farm digester system begin to be used as a renewable energy
resource as quickly as feasible, but no later than within six months of the collection of gases.
Until the gases are being used as a renewable energy resource the gas shall be flared rather
than vented.
a. Your application stated that the gas would be exported for use as a renewable energy
resource within 12 months of construction. Please confirm that timeline also complies
with Session Law 2023-63.
Response: The applicant plans to begin export of the renewable energy resource within 6
months of collecting gases in accordance with Session Law 2023-63 (2023 Farm
Act).

b. Your application indicated that no emergency flare will be provided. Please verify a
flare would be available and used if necessary for compliance with Session Law 2023-
63.
Response: The applicant has made arrangements for the use of a portable flare should the
need arise, which will be available and used if necessary for compliance with
Session Law 2023-63.
3. Lagoon embankment — During the site visit conducted November 17, 2023, 1 noted that some
areas on the east embankment of lagoon B did not have sufficient vegetative cover. Please
describe plans for embankment maintenance/repair.
Response: The area will be topped with suitable soil and seeded to establish grass.
4. Waste Level Gauge — Please indicate location/method for measuring waste levels in the
digester, as it does not gravity feed to the secondary containment.
Response: We are unclear of the use of "secondary containment" in this comment; the
liquid level in the digester will be observed and measured via the level control
station.
S. Tail Gas from Gas Upgrading System (GUS) — Plans indicate that a GUS will be installed onsite
to process the biogas. Plans indicate that remnant gas from GUS will be vented on -site. Please
verify that this complies with Air Quality regulations. Also please identify location of nearest
residences and any odor control BMPs to be implemented.
Response: A Gas Upgrading System (GUS) will be installed onsite, and the non -methane
portions of the biogas (remnant biogas) will be returned to the downstream
lagoon. The anaerobic digester doesn't create more biogas than the existing
lagoon system, it simply provides a method for capturing it, the remnant biogas
will be entrained back into the lagoon liquid, which will assist with improved
odor control, and will be naturally emitted as per the previously permitted
facility.
6. Air Quality Permitting — Please provide general information regarding any Air Quality permits,
and/or applicability determinations regarding this project. Please provide information about if
applications have been filed, permits (if issued), and/or results of an applicability
determination.
Response: A determination has been made that the emissions fall below the minimum
threshold for permitting; separate communications and correspondence have
been concluded with the Division of Air Quality regarding this topic.

Thank you for your assistance and review of the permit application package. Please do not hesitate to
contact our office should you have any questions, comments, or require any additional information.
Regards,
Cavanaugh & Associates, P.A.
44 1117
6 ir
Jeff P. Cappadona, P.E.
Attachments
cc: Hilton Agribusiness, LLC