Loading...
HomeMy WebLinkAbout310563_HISTORICAL_20171231NUH I H LAHULINA Department of Environmental Qual Wa ter Resour ces Ei`tviRONMENTAL QUAUTY TGB Farms, LLC Legacy 2 Farm 153 South Horsepen Road Harrells, NC 28444 Dear TGB Farms, LLC: PAT MCCRORY R y"ftNk1r ,DER VAART �ecrsfor• S. JAY ZIMMERMAN AUG 2 9 2016 August 26, 2016 rfrs_lnr Water Quality Regional Wit Operations Section milRegional Office Subject: Certificate of Coverage No. AWS310563 Legacy 2 Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County In accordance with your Notification of Change of Ownership received August 19, 2016, we are hereby forwarding to you this Certificate of Coverage (COC) issued to TGB Farms, LLC, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for Legacy 2 Farm, located in Duplin County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish: Boar/Stud: Wean to Feeder: Farrow to Wean: 2,035 Gilts: Farrow to Finish: Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. This COC shall be effective from the date of issuance until September 30, 2019, and shall hereby void Certificate of Coverage Number AWS310563 dated October 1, 2014. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please read this COC and the enclosed State General Permit carefully. Please pn careful attention to the record keeping and monitoring conditions in this permit. Record keeping forms are unchanged with this General Permit. Please continue to use the same record keeping forms. If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. State of North Carolina I Environmental Quality I Water Resources 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 807 6464 The issuance. ofthis COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any,property rights in either real or personal property. Per NRCS standards a 100-foot 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 COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If-any-parts,—requirements,—or-limitations-contained-in-this-COC-are-unacceptabler you -have -the -right -to apply for an individual permit by contacting the Animal Feeding Operations Program for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition II.22 of the General Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Newport/Morehead City, NC National Weather Service office at (252) 223-5737, or by visiting their website at: http://www.weather.gov/mhx/ This facility is located in a county covered by our Wilmington Regional Office. The Regional Office staff may be reached at 910-796-7215. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Program staff at (919) 707-9000. • Sincerely, L&,2' low for S. Jay Zimmerman, P.G. Director, Division of Water Resources Enclosure (General Permit AWG 100000) cc. (Certificate of Coverage only for all ccs) Wilmington Regional Office, Water Qudlity Regional Operations Section Duplin County Health Department Duplin County Soil and Water Conservation District WQROS Central Files (Permit No. AWS310563) Smithfield Hog Production A� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 22, 2015 CERTIFIED MAIL 7010 0290 0003 0833 9687 RETURN RECEIPT REQUESTED Kraig Westerbeek, Vice President Murphy -Brown LLC PO Box 856 Warsaw NC 28398-0856 Subject: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY NOV Tracking Number: NOV-2014-DV-0228 Incident No. 201401619 Permit No. AWS310563 Batchelor Sow Farm Duplin County Dear Mr Westerbeek: A review has been conducted of the self reported animal wastewater spill incidentthat occurred atthe subject facility on September 19, 2014 and documentation submitted to our office following the incident. The Division's Wilmington Regional Office concludes that the Murphy -Brown LLC committed the following violations associated with the subject incident: 1. Permit Condition 1 (1) by failing to effectively manage, maintain, and operate their wastewater system so that there is no discharge to wetlands or surface waters; subject incident constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1) for which a permit is required by G.S. 143-215.1. 2. Permit Condition 111 (15) per G.S. 143-215.1(C) by failing to properly issue a press release within 48 hours a discharge of at least 1,000 gallons to wetlands or surface waters of the State. 3. Permit Condition 111(16) per G.S. 143-215.1(C) by failing to properly publish a public notice for a discharge of at least 15,000 gallons to wetlands or surface waters of the State and provide proof of publication to the Division within 30 days after publication. 4. Permit Condition 111(9) (f) by failing to sample within 72 hours and/or provide sample results for the listed parameters to the Division within 30 days. The Wilmington Regional Office is providing the Murphy -Brown LLC an opportunity to provide evidence and It justification as to why the Murphy -Brown LLC should not be assessed a civil penalty for the violations that are summarized above. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer —Made in part by recycled paper N OV-2014-DV-028 «CAS E_N UM B E R» January 22, 2015 Page 2 of 2 Please submit a written response and any additional documentation about this incident within 10 business _days following receipt of this violation. The submittal will be reviewed to determine if a civil penalty assessment by the Division's Regional Office is warranted. If you should have any questions, please do not hesitate to contact me or Dean Hunkele with the Water Quality Section at (910) 796-7215 or via email at Dean.Hunkele@ncdenr.eov. Sincerely, r For Zs. rayZimmerman, Acting Director Division of Water Resources, NCDENR by James H. Gregson Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Cc: WIRO — WQS File (Hunkele) Central Files, Water Quality Section Permit Number AWG100000 Fecal coliform bacteria Five-day biochemical oxygen demand (BOD5) j Total suspended solids -�LG Total phosphorous 2 u Ammonia nitrogen (NH3N) Lf; Total Kjeldahl nitrogen (TKN) Nitrate nitrogen (NO3-N) Monitoring results must be submitted to the Division within thirty (30) days of the discharge event. 10. In accordance with l SA NCAC 02T .0108(c), the Division may require 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. 11. A copy of this General Permit, the facility's COC, certification forms, lessee and landowner agreements, the CAWMP and copies of all records required by this General Permit and the facility's CAWMP shall be maintained by the Permittee in chronological and legible form for three (3) 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. 12. Within fifteen (IS) 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, and shall be made available to the public by the Division as specified in Chapter 132 of the General Statutes. 13. 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: 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. d. Any deterioration or Ieak in a lagoon/storage pond that poses an immediate threat to the environment or human safety or health. March 7, 2014 Permit Number AWG100000 4. 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 G.S. § -143=215.10C(e)(6). As of the effective date of this General Permit, the Statute requires that the analysis be conducted at least once every three years. 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 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. 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 of waste transferred. $. The Permittee must maintain monthly stocking records for the facility and make the records available to the Department. 9. 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. 13. 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: 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. 5. above. f. A waste sample, obtained within seventy-two (72) hours following first knowledge of the discharge to surface waters or wetlands, from the source lagoontstorage pond, shall be analyzed for the following minimum parameters: March 7, 2014 U.S. Postal Service,,., CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ' For delivery information OFFICIAL visit our website at www.usps.com❑ USE r r _ -- r r 11 Jill PS Form 3800. August 2006 See Reverse tar h,structions ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delhrery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maifpiece, or on the front If space permits. 1. ArtI 1,4ddressed to: wU✓rwI n � r A. Sigltaybre X ❑ Agent ❑ Addressee B. agceivyd by(Prrnfe ame) D. Is deliveryff address different from item 17 ❑ Yes If YES, enter delivery address below ❑ No X 3. Service Type Certifled Mall- ❑ Priority Mall Express"' xw G / o Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑ Collect on Delivery c� 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number {lmnsmr frvm semc,e mtieq 7 010 112 9 0 - 0 0 0 3. 68133 19 6 8 7 PS Form 3811, July 2013 Domestic Return Receipt Murphy -Brown LLc PO Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 Pax:910-293-6957 January 29, 2015 S. Jay Zimmerman Acting Director �• Division of Water Resources, NCDENR U If 127 Cardinal Drive Extension FEB Wilmington, NC 28405 BY:u)r.wi to Dear Mr. Zimmerman, In response to the Notice of Violation issued to the Batchelor Farm, Permit No. AWS310563, in Duplin County on January 22, 2015, and your request for further information, please consider the following as you determine civil penalty assessments in this matter. Murphy -Brown LLC regrets the violation that occurred on September 19, 2014 and has done everything in its power to both immediately mitigate the impact of the discharge on downstream waters, and to put into place additional safeguards to prevent a similar situation from re -occurring in the future. Specific to each alleged violation, please see our response to each below: 1. Permit Condition I ( 1) - Failure to effectively manage, maintain, and operate the wastewater system to prevent discharge. Murphy -Brown LLC does not dispute any of the facts with regards to the occurrence of the discharge, as demonstrated by the self -reporting of the event to Regional Staff as required by permit. A complete description of the event that occurred and actions taken was submitted to the Division by Mr. Michael Norris in a letter dated September 23, 2014. I have attached this letter for your further review. In addition to this letter, Murphy -Brown LLC submitted additional information with regards to the volume of the spill on October 2, 2014 to Mr. Dean Hunkele prepared by Mr. Dave Elkin, P.E. In these communications, Murphy -Brown LLC provided its confident opinion that the spill volume was less than 15,000 gallons leaving the property based on engineering calculations, freeboard level change, and general site observations made during the remediation efforts. Despite this, Murphy -Brown LLC determined the best course of action to be to complete the notification process as requested by Mr. Hunkele and the Division. The fact of the matter was that the spill occurred and we wanted to focus our efforts on complete remediation and preventing any potential environmental impacts downstream versus being argumentative on volumes. I think it is important to note for the record that we were very pleased with our remediation efforts. Due to the quick response of our environmental staff, we were able to contain the spill at the headwaters of an adjacent pond and isolate it from impacting the pond itself. Once isolated, we contacted our neighbors and worked closely with them to gain their consent to begin recovery. Environmental staff spent over 140 man hours recovering not only the discharged volume, but the entire volume of water contained in this headwater area. The cost of these efforts was not the most important factor when compared to the effect of protecting downstream waters, but we conservatively estimate the cost of our remediation efforts at $9,816. We feel very confident that we were able to recover all of the discharged material and land apply it to surrounding crop land. 2. Permit Condition III (15) — Failure to properly issue a press release within 48 hours of a discharge of at least 1000 gallons Murphy -Brown LLC issued the attached press release on Monday, September 22, 2014 by FAX transmittal to the only print media outlet providing general coverage in Duplin County, the Duplin Times, and WEGG radio, the only electronic news media outlet in Duplin County. The FAX notice was received by the Duplin Times, but repeated attempts to send it to the radio station failed. Copies of the FAX notices are available for Your review if necessary. In this case, the 48 hour notice period ended on Sunday and, therefore, our Monday press release was beyond the 48 hour time period. 3. Permit Condition III (16) —Failure to properly publish a public notice for a discharge of at least 15,000 gallons and provide proof of publication within 30 days after publication. On Friday, October 3, 2014, Murphy -Brown purchased a paid advertisement for publication in the Duplin Times. This was within 10 days of being advised by Mr. Dean Hunkele by email on September 30, 2014 at 1:25pm that Duplin County was the only required county for publication. I have attached a copy of the paid advertisement that ran in the Duplin Times. With regards to providing proof of publication, email and verbal communication with the Division left us with the impression that the Division was aware of our Public Notice. No formal written proof was communicated by Murphy -Brown to the Division. We apologize for this administrative error but have copies of both the Public Notice and Press Release in our farm files for review as necessary. 4. Permit Condition 111(9) (f) — Failure to sample within 72 hours and/or provide sample results for the listed parameters to the Division within 30 days. Murphy -Brown LLC did not sample the lagoon as stipulated in the permit for this event. I have attached sample results for samples taken on September 19, 2014 in the ditch near the point of discharge that were used to calculate Nitrogen loading for land application occurring during remediation efforts, and of both lagoons on the Batchelor Farm taken on September 18, 2014. These are NCDA samples and do not contain all of the required parameters found in the permit. Fortunately, it has been some time since we had a spill occur on a Murphy -Brown farm. Unfortunately, this led to an oversight in not testing for all parameters as required. In terms of overall follow up this event, Murphy -Brown LLC used this event and the lessons learned to not only make modifications to our management system at this farm, but all others in our system as well. The Batchelor Farm had secondary containment constructed several years ago that was engineered to capture any discharge that would occur as a result of a recycle system failure like the one that occurred on September 19'. The secondary containments on this and all other farms are managed daily by the farm managers to provide protection against discharges. In this particular case, road grading activities had changed the direction of water flow away from this most northern cleanout from the designed flow path, and away from the containment area. This situation was remedied on the Batchelor Farm on September 22, 2014. In addition, an Objective and Target was created in the Murphy -Brown LLC Environmental Management System to evaluate all farms for possible by-passing of secondary containments. This process is ongoing but has been completed throughout much of our system. in addition, all environmental employees have been re-trained on discharge sampling procedures to insure that we collect the proper samples should this occur in the future. Murphy -Brown LLC appreciates the opportunity to provide additional information to the Division on this matter. This was an unfortunate incident, but we feel we have done everything in our power to mitigate any potential impact to downstream waters from this particular event, and have used the lessons learned to improve our entire operation. We appreciate the help your staff has provided in this effort. If there are further questions or concerns, please feel free to contact me at (910) 293 5330 or by email at kraigwesterbeek(cr�,murphybrownllc.com. Westerbeek nvironment and Engineering PO BOX 56 Mu h v BrowJ.J... WarsawBNC 28398 Murphy Brown East September 23, 2014 Mr. Kevin Rowland NCDENR — Division of Water Resources 127 Cardinal Drive Extension Wilmington NC 28405 RE: Batchelor Farm Facility # 31-563 Accidental Discharge 9/19/14 Dear Mr. Rowland, This letter is the follow up to an accidental discharge on the Batchelor farm reported to Dean Hunkley with DWR on September 19th. The sequence of events on Friday 9119/14 is: 1) The farm personnel found a discharge from the recycle system upon arrival to work on the morning of September 19th. The farm staff shut down the recycle system and notified the LNM technician to respond to the accidental discharge. The combined group effort focused on total containment of the flow and notification of management 2) The complex manager notified the LNM specialist and LNM Director of the spill. The remediation efforts were immediately inflated, which included bringing in heavy equipment to effectively contain and recover the effluent 3) After inspecting the site to ensure that all effluent was contained and that the cleanup procedures were in place, I contacted Dean Hunkley with DWR to report the spill. 4) Remediation included pumping the effluent onto the neighbor's crop fields and Murphy Brown's coastal fields. Cleanup carried on throughout Friday, Saturday and was completed Sunday afternoon. Containment dams in the ditch were left in place until recovery efforts were completed and the pond dams were not removed until Tuesday afternoon 9/23/14. 5) The spill was contained in a secondary intermittent ditch and a small pond that is fed by Dario Branch. 6) Our LNM crew brought in trash pumps, tankers, and an Aerway system to aid in the recovery efforts. We invested over 140 man hours in efforts to recover the effluent that hit the ground. Our team applied more than 704,000 gallons through Aerway application, 24,000 with a tanker, and 102,000 with trash pumps at a cost of $9,816. 7) Root Cause: A previously repaired joint in the recycle line gave way because the wrong process was used to make the repair causing it to come apart The effluent flowed down the farm path and into a drain pipe that dumped into the road side ditch. • Page 2 Estimate of the discharge: January 29, 2015 1) In our estimation less than 15,000 gallons of effluent was spilled from the site. The plan to correct the problems identified from this accidental discharge are to: 1) Correct repair of the recycle line_ 2) Ensure there are no other pipe joints at the site that are not correct 3) Build up a berm along the area where the spill occurred to direct any effluent from a spill to the secondary containments at the site. a. The corrective actions above have all been completed at this time. See attached pictures for actions 1 and 3 Included with this letter is a copy of the most current waste analysis as required by the pen -nit. I have outlined what information I have available as they relate to this accidental discharge. I feel that Murphy -Brown LLC has responded in an appropriate and responsible manner to the conditions of the permit The Environmental Management System (EMS) proved its' effectiveness by providing the structure and protocol that all parties involved in the response, did so in a timely and effective manner. If I can be of any further assistance, please feel free to contact me. Sincerely, Michael Norris Environmental Resource Specialist Murphy -Brown LLC (910) 293-5575 NOTICE OF DISCHARGE OF UNTREATED WASTE The Batchelor Sow Farm, located at 237 Batchelor Lane, Kenansville, NC and owned by Murphy -Brown LLC, had a discharge less than 20,000 gallons of untreated wastewa- ter originating from a failed recycle line on the farm. The discharge occurred on September 19, 2014 and was dis- covered at approximately 7:15am. The wastewater entered an unnamed tributary of Dark Branch. Containment and remediation efforts began im- mediately and the incident was reported to NCDENR. The spilled wastewater was completely contained on the adja- cent property and land applied to surrounding crop land. In addition, the failed recycle line was repaired to prevent further discharges. This notice was required by !North Carolina General Stat- utes Article 21 Chapter 143.215.C. For more information, please contact Don Butler at (910) 293 5328. NCDA&CS Agronomic Division Phone: (919) 733-2665 Website: www.ncagr.gov/agronomi/ FY15-WO01871 i'�.w..�.r4�' g ffr Predictive Murphy Brown LLC Client: Mu h clo Michael Norris Advisor r: i i k' _ nn Waste Report N Warsaw. NC 28398 , Duplin County Sampled: 09/19/2014 Received: 09125/2014 completed: 10103/2014 Farm: Batchelor Links to Helpful Information Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mq (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm) Sample ID: BAT01 Total N 0.52 14.1 10.8 3.26 4.93 2.04 0.01 7.60 0.10 0.03 12.2 Waste Code: ALF Description: Total Kjeldahl N 14.1 - Farrow to Ween pH DM (%) SS (10-55/cm) EC (mS/cm) CCE (V) ALE(1000 gal.) C:N Lagoon Liq- Inorganic N Comments: NH4-N &30NO3-N Organic N ; Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) So (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) Cl (ppm) Mo (ppm) Urea Estimate of Nutrients Available for First Crop (lb 11000 gal.) Other Elements (lb 11000 gal.) Application Method N P205 K20 Ca Mg S Fe Mn Zn CU B Mo Cl Na Ni Cd Pb Al Se Li Irrigation 0.06 0.01 0.14 0.09 0.03 0.04 0.02 T 0.06 T T ; 0.10 Agronomist's Comments: Aaron Pettit 10/2/2014 8:44 AM �Gh ncPe- po:-Jf of c��5C-k 9 [�n 19 ItW North Carolina Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. k'y1 Thank you for using agronomic services to manage nutrients and safeguard environmental quality. It'll.1 Oi0 ifI,+r I f,,;:ISteve Trader, Commissioner of Agriculture. NCDABCS Agronomic Division Phone: (919) 733.2656 Website: www.neagr.govlagrenomil FY15-W001612 +~ Predictive Client: Murphy Brown LLC Advisor,- '� ' , • :`= cio Michael Norris PO Box 856 Waste R sport Warsaw, NC 28396 Duplin County Sampled: 09/18/2014 Received: 09/18/2014 completed: 09/25/2014 Farm: Batchelor Links to Helpful Information Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Miq (ppm) S (ppm) Fe (ppm) Mn (ppm) Z11 (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm) Sample ID: 2016A Waste Code: ALS Total N 54.4 290 48.2 66.2 35.7 0.73 0.08 0.27 0.14 0.34 125 Description: Total Kjeldahl N 185 Swine Lagoon Liq.. Inorganic N pH DM (%) SS (10-5S/cm) EC (mS/cm) CCE (YO) ALE(1000 gal.) C:N Comments: NH4-N 7,35 NO3-N 21 JUL 2 7� rganic N Ni (ppm) Urea Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr 1ppm) Co (ppm) Cl (ppm) Mo (ppm) Estimate of Nutrients Available for First Crop (lb 11000 gal.) Other Elements (lb 11000 gal.) Application Method N P205 K20 Ca Mg S Fe Mn Zn Cu B Mo CI Na Ni Cd Pb Al Se Li Irrigation 0.77 1.04 2.90 0.40 0.55 0.30 0.01 T T T T 1.04 Agronomist's Comments: Aaron Pettit 924/2014 3:40 PM L o, 3 0o r- P\ Norlli Carolina F,�h.n.et� 3unt,Eta+ilCr.7hla.•:,n•is Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. 171rn1k parr f 1r r(si ig agrorronlie ,se rric•cs to ntrrneige nrarienls rind sirligucir d enviroinnenud gnalilp. - Slere •1'rnxler. 0011111li sione). oJ': tla irrr!lrrrc. NCDA&CS Agronomic Division Phone: (019) 733-2665 Website: www.ncagr.gov/agronomi/ FY15-W001612 Pag:e2 0f 2 Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mq (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm) Sample ID: 2016b Total N 57.1 296 61.6 72.1 40.6 1.11 0.11 0.55 0.13 0.37 129 Waste Code: ALS Description: Total Kjeldehl N 252 Swine Lagoon Liq. Inorganic N pH DM (%b) SS (10-531cm) EC (mS1cm) CCE (%) ALE (1000 gal.) C:N Comments: NH4-N 7.38 NO3-N JUL 21 2014 Organic N Ni (ppm) Cd (ppm) Pb (ppm) At (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) CI (ppm) Mo (ppm) Urea Estimate of Nutrients Available for First Crop (lb l 1000 gal.) Other Elements (Ib 1 1000 gal.) Application Method N P205 K20 Ca Mg S Fe Mn Zn Cu 8 Mo CI Na Ni Cd Pb At Se Li Irrigation 1.05 1.09 2.96 0,51 0.60 0.34 0.01 T T T T 1.07 Understanding the Waste Report 4 -additional information: www.ncaar.aovloaronomi(odffilesluwaste.odf 8 www.n a r. ovla rono it ffii slwaste uid df Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic fates, thereby supplementing or reducing fertilizer application and preventing environmental contamination. In reading the laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received; all other wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based on the type of waste and method of application you specify and reflect the fact that only 40-60% of the nitrogen and 70-100% of other nuirients become available within one year of application. The remainder may oar m-a-p not ever become available. ' ppm = parts per million; S = siemens; m5 = millisiemens; T = trace (<0.005 lblunit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime equivalence; pH = acidity or basicity; DM% _ % dry matter (for semi -solid and solid waste samples, this value facilitates conversion of dry -basis concentrations (ppm) back to wet -basis of original sample]; C;N ratio = carbon'. nitrogen ratio. bc�_( l'J o e, - Lc- q C> C=. ►-1 1B J MurphrBrown. Murphy Brown East September 24, 2014 Morella Sanchez -King NCDENR — Division of Water Resources 127 Cardinal Drive Extension Wilmington NC 28405 RE: Batchelor Farm Facility # 31-563 Accidental Discharge 9/19/14 PO Box 856 Warsaw, NC 28398 ECIVE SEP 2 5 20% BY. Dear Mr. Rowland, This letter is the follow up to an accidental discharge on the Batchelor farm reported to Dean Hunkley with DWR on September 19th. The sequence of events on Friday 9/19/14 was: 1) The farm personnel found a discharge from the recycle system upon arrival to work on the morning of September 19th. The famti staff shut down the recycle system and notified the LNM technician to respond to the accidental discharge. The combined group effort focused on total containment of the flow and notification of management. 2) The complex manager notified the LNM specialist and LNM Director of the spill. The remediation efforts were immediately initiated, which included bringing in heavy equipment to effectively contain and recover the effluent. 3) After inspecting the site to ensure that all effluent was contained and that the cleanup procedures were in place, I contacted Dean Hunkley with DWR to report the spill. 4) Remediation included pumping the effluent onto the neighbor's crop fields and Murphy Brown's coastal fields. Cleanup carried on throughout Friday, Saturday and was completed Sunday afternoon. Containment dams in the ditch were left in place until recovery efforts were completed and the pond dams were not removed until Tuesday afternoon of 9/23/14. 5) The spill was contained in a secondary intermittent ditch and a.small pond that is fed by Dark Branch. 6) Our LNM crew brought in trash pumps, tankers, and an Aerway system to aid in the recovery efforts. We invested over 140 man hours in efforts to recover the effluent from the discharge. Our team pumped and land applied more than 704,000 gallons through Aerway application, 24,000 with a tanker, and 102,000 with trash pumps at a cost of $9,816. The vast majority of this volume was freshwater but in order to ensure removal of the swine effluent mixed in with the fresh water we took these extraordinary measures. 7) Root Cause: A previously repaired joint in the recycle fine gave way because the wrong process was used to make the repair causing it to come apart. The effluent flowed down the farm path and into a drain pipe that dumped into the road side ditch. Hunkele, Dean From: Kraig Westerbeek[KraigWesterbeek@murphybrownllc.com] Sent: Friday, October 03, 2014 10:01 AM To: Hunkele, Dean; David Nordin Cc: Rowland, Kevin; Gregson, Jim; King, Morelia s; Farnell, John Subject: RE: DWR Incident #: 201401619 Bachelor Sow farm spill Attachments: Batchelor Farm NOTICE OF DISCHARGE OF UNTREATED WASTE 10314.docx After conversations with John Farnell this morning relaying the results of your review of the engineering study done on the Batchelor Farm Spill, the attached Public Notice has been prepared. Please review it and provide approval prior to us moving forward. The following guidance from the rule indicates that we should publish this notice in a newspaper having general circulation in the county in which the discharge occurred ... in this case Duplin County. I believe we have agreed that no additional counties downstream from the point of discharge will be effected. The county newspaper is the Duplin Times, so we plan to pay for this Notice to appear in their publication. If this is incorrect, please let me know. While we are still very convinced that this discharge was less than 15,000 gallons to surface waters, we appreciate the time and consideration given to our calculations and estimations and your position that it could have possibly been more. Murphy -Brown has done everything in its power to remediate as completely as possible any downstream impacts, and feel we have been successful in these efforts. We try to be very transparent in our reporting and communications with your agency and respect your authority and council in these matters. Irithi—event of a discherge;of 13,000 gallons or more ofuntreated wastewater to the surface waters of the Stae,;` publish a notice of the discharge ima:newspaper having general circulation in the.courity in which the discharge occurs and in each county downstream from the_point of discharge that'is significantly affected by the discharge rThe Secretary shall determine, at the Secretary's sole discretion, which counties are significantly affected by the discharge and shall approve the form and content of the notice and the newspapers in which the notice is to be published. The notice shall be captioned "NOTICE OF DISCHARGE OF UNTREATED SEWAGE". The owner or operator shall publish the notice within 10 days after the Secretary has determined the counties that are significantly affected by the discharge and approved the form and content of the notice and the newspapers in which the notice is to be published. The owner or operator shall file a copy of the notice and proof of publication with the Department within 30 days after the notice is published. Publication of a notice of discharge under this subdivision is in addition to the requirement to issue a press release under subdivision (1) of this subsection. From: Hunkele, Dean [mailto:dean.hunkele@ncdenr.gov] Sent: Tuesday, September 30, 2014 1:25 PM To: Kraig Westerbeek; David Nordin; Michael Norris Cc: Rowland, Kevin; Gregson, Jim; King, Morelia s Subject: RE: DWR Incident #: 201401619 Bachelor Sow farm spill Importance: High Hi Kraig, I was aware of what was sent and to whom, but it was not complete in its distribution. The requirement for press release (was within 48 hrs now 24 hrs as of 9-22-2014) is simply an announcement to all print & electronic media outlets having coverage in the county; it may or may not be picked up as a story by the entities you notify. The public notice is taking out the ad space in major paper with readership in the County of occurrence and upon notification by the agency to publish in downstream counties. Based on my estimated volume and specifics, then Duplin County would be sufficient for this incident. 1 Hunkele, Dean From: King, Morelia s Sent: Tuesday, September 23, 2014 2:59 PM To: Gregson, Jim; Hunkele, Dean Subject: FW: Press Release Attachments: Notice of Discharge of Animal Waste -Bachelor Farm 9-19-2014.docx FYI Morella Morella Sanchez King morella.sanchez-kin¢@ncdenr.xov; (P)910 796 7218 From: Michael Norris[ma iIto: MichaelNorrisCa@murphybrownIlc.coml Sent: Tuesday, September 23, 2014 1:29 PM To: Rowland, Kevin Cc: King, Morella s Subject: RE: Press Release The release was made yesterday to radio station WEGG and to Duplin Times news paper. From: Rowland, Kevin[mailto:kevin.rowland@ncdenr.govj Sent: Tuesday, September 23, 2014 1:02 PM To: Michael Norris Cc: king, Morella s Subject: Press Release Michael, Were you able verify where and when the press release for the spill was made? Thank you for your time, Kevin Rowland Kevin Rowland Environmental Specialist II NCDENR Division of Water Resources Aquifer Protection Section Wilmington Regional Office 127 Cardinal Drive Extention Wilmington, NC 28405 kevin.rowlandOncdenr.eov 910-796-7436 office 910-350-2004 fax 910-520-3510 cell Hunkele, Dean From: Kraig Westerbeek[KraigWesterbeek@murphybrownllc.com] Sent: Thursday, October 02, 2014 8:56 AM To: 'Hunkele, Dean; David Nordin; Michael Norris Cc: Rowland, Kevin; Gregson, Jim; King, Morella s Subject: RE: DWR Incident #: 201401619 Bachelor Sow farm spill Attachments: Batchelortimeline10114.xlsx; Copy of Batchelor Recycle Model pdf (2).xisx Dean, as requested below, I have attached the model that Dave Elkin, PE completed for the recycle system failure at the Batchelor Farm. For the benefit of all involved, his calculations assume the worst case scenario of the recycle system failure beginning at the time employees left the farm (40m) to when the incident was discovered at 7:15am the following morning. Under this worse -case scenario, it appears that the maximum would be 46,009 gallons, with a more likely number being 39,021 gallons based on normal pump wear, etc. These calculations do take into account the water that ponded and infiltrated in and around the building pad area, and what was captured prior to it leaving our property. I am sure that Dave is more than willing to discuss these calculations with you if necessary. He has indicated to me that he will seal these calculations as requested but that was not convenient to do in electronic format as it is being distributed here. In addition to Dave's calculations, I have attached an additional spreadsheet that calculates the potential loss of water at 1 hour increments beginning at 4pm and continuing through 7:15am. We are very confident in our estimated spill volume of less than 15,000 gallons based on the lack of any discernable drop in lagoon level after the spill, and the volume of wastewater observed in the downstream drainage area. I was personally on the site during recovery efforts the day the spill was discovered and viewed the freeboard staff gauge and lagoon, as well as remediation efforts. In addition to observations of the lagoon staff gauge, it is my opinion that any spill over 15,000 gallons that would have occurred prior to 11pm would have easily made it past the two culverts that were blocked to stop the flow given the size of the drainage area and the speed of the flow of water to this location. Based on this, we feel the most likely time of the pipe failure to be between midnight at lam. We ask that DENR review the attached information and provide us with your estimations as well so that we can discuss what needs to be done with regards to additional Public Notice. As stated previously, we are very confident in our original estimates but appreciate DENR's obligation to review and accept or reject our information. If additional information is needed, please let me know. From: Hunkele, Dean [mailto:dean.hunkele@ncdenr.gov] Sent: Tuesday, September 30, 2014 1:25 PM To: Kraig Westerbeek; David Nordin; Michael Norris Cc: Rowland, Kevin; Gregson, Jim; King, Morella s Subject: RE: DWR Incident # ., 201401619 Bachelor Sow farm spill Importance: High Hi Kraig, I was aware of what was sent and to whom, but it was not complete in its distribution. The requirement for press release (was within 48 hrs. now 24 hrs as of 9-22-2014) is simply an announcement to all print & electronic media outlets having coverage in the county; it may or may not be picked up as a story by the entities you notify. The public notice is taking out the ad space in major paper with readership in the County of occurrence and upon notification by the agency to publish in downstream counties. Based on my estimated volume and specifics, then Duplin County would be sufficient for this incident. Based on that lagoon's design and the freeboard level the day of the spill, then what is 1-inch equal to in volume? Why did we not get the items we asked for from Dave or Michael as part of the report? ponded area infiltarted into soils 4) flow pipe under road to dam 1 1095 ft length 1.25 ft width 3 in deep 2559.6 gallons none 5) flow path dam 1 under road to dam 2 866 ft length j 2.5 ft width 3# in deep 4048.6 gallons none 6) flow path dam 2 under field drive to dam 3 960 ft length 2.51 ft width 3j in deep 4488 gallons none 7) flow path dam 3 to dam 4 @ pond 566 ft length 3 ft width captured waste waster volume water behind clams 3 in deep 14,271 gallons ; 3175.3 gallons sements 4-7 none 23,872 gal Total .j gallons none Having had the opportunity to review the desgn & installation of the recycle sytem, and the downstream flow path from the Bachelor sow farms I, David S. Elkin certify that the preceding calculation represent due diligence and application of engineering calcuation and. judgement to model the event which resulted in the release of waste water outside the designed recycle system. lRecycle water recovered ponded area ow path segment 1) flow path barn to pipe under road distance 505 ft length 4 ft width 0.5 in deep 84.167 cf 629.57 gallons 2) puddle @ feed tanks 75 ft length 15 ft width 3 in deep 281.25 cf 2103.8 gallons 3) puddle @ feed tanks 70 ft length 20 ft width 3 in deep 350 cf 2618 gallons pture volume' :€ !anout pipe to:` Ivert @ road turn =9,601gallon. 5,351 gallon total infiltarted into sandy soils flow path barn to pipe under rd 505 ft length 4 ft width 1.5 in deep 252.5 cf 1888.7 gallons puddle @ feed tanks 75 ft length 15 ft width 1.5 in deep 140.63 cf 1051.9 gallons puddle @ feed tanks 70 ft length 20 ft width 1.5 in deep 175 cf 1309 gallons gallon total Bachelor Site Information barn/ recycle pipe lagoon w/ recycel pump 13 flush tanks length 392 ft 1012 ft pipe length width(ave) 200 ft 230 GPM pump capacity (5Hp AMT @ 15.5psiarea 78400 sf area 1.799816 ac gallons/ inch freeboard 3 inch DR17 HDPE cleanout pipe 48,s72 `gal/in change Recycle system is designed to evenly distubute the pumped water to all 13 tanks. therefore 1/13 of flow is 17.7 gpm per tank 0.039 cfs per flush tank 5 ft/s design velocity (new) 0.01 sf 1.14 sq. inch / tank (full opening, typical of 2" valve = 3.14s.i.) 14.79 si sq. inch / open pipe total system normal flow all 13 tanks 7.35 sq.inch 3" cleanout SDR17 22.14 s.i. total open area for discharge of recycle pump during event 33.21% of flow potential to broken 3" HDPE pipe cleanout 76.37 max potential gallons ""Note: Ithe this is the futhest point of discharge, vs the tanks that are closer to pump so would be conservative estimate ""Typically after 2+ years of operation; pump and line deliver far less than original design due to struvite, sludge, & biofilm build up in lines, as well as impeller 90% & pump wear (expected performance 50-90% of new) 68.74 Likely maximum performance with 2 yr run time. Maximum operation duration 16:00 pm empoyee departure 7:15 am identification of incident 15.25 h_rs max 69,881.07 gal max potential spill 62,892.96 realistic max. gal Hypothetical Gallons from Gallons Contained/ Gallons Reaching Pipe Break Time Time(hrs) Pump(Gal.) On -site (gallons) State Waters / Off -site (Gallons) 4pm 15.25 69881 23,872 46009 5pm 14.25 65299 23,872 41427 6pm 13.25 60716 23,872 36844 7pm 12.25 56134 23,872 32262 8pm 11.25 51552 23,872 27680 9pm 10.25 46969 23,872 23097 l0pm 9.25 42387 23,872 18515 llpm 8.25 37804 23,872 13932 12pm 7.25 33222 23,872 9350 lam 6.25 28640 23,872 4768 tam 5.25 24057 23,872 185 3am 4.25 19475 23,872 0 4arn 3.25 14893 23,872 0 5am 2.25 10310 23,872 0 6am 1.25 5728 23,872 0 7am 0.25 1146 23,872 0 7:15am 0 0 23,872 0 Hunkele, Dean From: Hunkele, Dean Sent: Thursday, February 26, 2015 1:03 PM To: Gregson, Jim Cc: King, Morelia s Subject: 31-0563 Batchelor Sow spill case Attachments: 31-0563 Batchelor spill enf costs.xlsx; AWS310563 NO] NOV-2014-DV-0228.docx; email exchanges.pdf; email exchanges-001.pdf; not response.pdf Importance: High Jim, Please find the attached case info for Raleigh's review. Based on standard Fast Track assessment guidance for sewer spills, etc. in this regional office and our discussions, this is what we would assess. Violation 1 Violation 2 Violation 3 Violation 4 Total CP $1,600 Enf Cost $554.15 $1000 $250 $100 $100 + $150 (sample costs) Total Assessment = $2,154.15 can Hunkele��. = e r� Ertir�roa�rrieitt�15d3e�� -`:. - [ivrt ona os: meter ttescnsrces Ater Qua�EY• Raponai.OAe� Secii� �: -- Email correspondence to and from this address is subiect to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. For information about permit applications please visit DENR's Permit Application Tracker using this address: http://portal.ncdenr.org/web/deao/permit-tracker The goal of the Fast Track sewer permit program is to issue a permit in no more than 30 business days from receipt of a complete application and if no addtional information has to be requested upon full review. Please use the tracker to determine the official application receipt date to allow you to estimate a date for issuance and find the reviewer's name. Once issued, the record stays on the site for 30 days. Subscribe to Collection System Updates i 31-0563 Spill Staff Name Time Rate Total Hunkele Site 4.5 37.09 166.905 Case 3 37.09 111.27 Sanchez -King Site 4.5 47.44 213.48 Truck 125 0.5 62.5 Grand Total 554.155 Sampling Costs Sacred Fecal 35 TSS 15 Ammonia 20 BOD 25 TP 20 TN, etc 45 TOTAL 160 vj X ^ Rc wiia �� ems:..'•{. 14 '•.�LE" ors" �_�".- •-�._ �'.�r� ::_ - �•_' AN e Murphy -Brown, LLC Grower(s): Farm Name: 4/16/2009 2822 Hwy 24 West P.O. Box 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Murphy -Brown, LLC Batchelor Farm Coun : Du lin Farm Ca aci : Farrow to Wean 2035 Farrow to Feeder Farrow to Finish Wean to Feeder Feeder to Finish Storage Structure: Storage Period: Application Method: Anaerobic Lagoon >180 days Irrigation RECEIVED / DENR / DVvQ Aquifer Proteet+on Sm*on APR 16 APR 2 0 2oog BY: The waste from your animal facility must be land applied at a specified rate to prevent pollu io of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 11 This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, etc.): CaRacity Type Waste Produced per Animal Total 2035 Farrow to Wean 3212 gallyr 6,536,420 gal/yr Farrow to Feeder 4015 gallyr gal/yr Farrow to Finish 10585 gallyr gallyr Wean to Feeder 223 gallyr gallyr Feeder to Finish 986 gallyr gallyr Total 6,536,420 gallyr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): !Based on Farm pumping records Capacity Type Nitrogen Produced per Animal Total 2035 Farrow to Wean 4.72 Ibs/yr 9,605 Ibs/yr Farrow to Feeder 6.5 Ibs/yr Ibslyr Farrow to Finish 26 Ibs/yr Ibs/yr Wean to Feeder 0.48 Ibs/yr Ibs/yr Feeder to Finish 2.3 Ibslyr Ibs/yr Total 9,605 Ibslyr Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. LAND UTILIZATION SUMMARY The following table describes the nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: 116.01 Total N Required 1st Year: 26105.09 Total N Required 2nd Year: 22867.1 Average Annual Nitrogen Requirement of Crops: 24,486.10 Total Nitrogen Produced by Farm: 9,605.20 Nitrogen Balance for Crops: (14,880.90) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. This chart describes the size, soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this facility. 2of11 Reception Area Specifications Tract Field Irrigated Soil 1st Crop Time to 1st Crop 1st Crop Lbs NIAc Lbs N Total Ibs N Acrea e Tvpe Code Applv Yield Ibs NlUnit Residual lAc Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs NlAc Lbs N Total Ibs N Code Apply Yield Ibs NlUnit Residual /Ac Utilized Total Lbs NIAc Total Ibs N Utilized T1 1 2.92 Foreston D Feb15-June 120.0 1.25 150 438 N Se"Se"e 55 2.4 132 385.44 282 823.44 2 2.71 Foreston D Feb15-June 120.0 1.25 150 406.5 N Sept -Apr 55 2.4 132 357.72 282 764.22 3 2.69 Foreston D Feb15-June 120.0 1.25 150 403.5 N Seet-Apr 55 2.4 132 355.08 282 758.58 4 2.64 Foreston D Feb15-June 120.0 1.25 150 396 N Sept -Apr 55 2.4 132 348.48 282 744.48 5 2.56 Foreston D Feb15 June 120.0 1,25 150 384 N Se t- 55 2.4 132 337.92 282 721.92 8 2.38 Foreston D FeblSJune 120.0 1.25 150 357 N SeebW 55 2.4 132 314.16 282 671,16 7 1.69 Foreston I D Feb15-June 120.0 1.25 150 253.5 N SeDt-Apr 55 2.4 132 223.08 282 476.58 8 1.85 Autryville C Mar -Set 5.5 50 275 508.75 L Seg:8ff 1 50 50 92.5 325 601.25 9 1.85 Au Ile C Mar 5.5 50 275 508.75 L 1 50 50 92.5 325 601.25 10 1.91 AutryylBe C Mar -Sept 5.5 50 275 525.25 L Sept-AprSept-Apr 1 50 50 95.5 325 620.75 11 1.69 Autryvilla C Mar -Se t 5.5 50 275 464,75 L Sept-AprSept-Apr 1 50 50 84.5 325 549.25 12 9.6 Foreston C Mar -Sept 6.0 50 300 2880 L Sept -Apr 1 50 50 480 1 350 3360 13 8.32 Foreston C Mar -Sept 6.0 50 300 2496 L Sept-AprSept-Apr 1 50 50 416 350 2912 14 2.34 Foreston C Mar -Set 6.0 50 300 702 L Sept -Apr 1 50 50 117 350 819 subl-7 3.01 Foreston D Mar -Jul 120.0 1.25 150 451.5 N Sept -Apr 1 55 2.4 1 132 397,32 282 848.82 sub8-11 0,98 Autryville C Mar -Set 5.5 50 275 269.5 L Sept -Apr 1 50 50 49 325 318.5 sub12-14 6,44 Foreston C Mar -Set &0 50 300 1932 L Se - 1 50 50 322 350 2254 71193 1 33.88 A ills D Feb15-June 65.0 1.25 106.25 3599.75 N Sept, -Apr 45 2.4 108 3659.04 214.25 1 7258.79 4207-F5 Zone 1 1.06 Foreston D 17015-June 120.0 1.25 150 159 N Sept -Apr 55 2.4 132 139.92 282 298.92 4207-F5 Zone 2 1.21 Foreston D Feb15-June 120.0 1.25 1 150 181.5 N Sept -Apr 55 2.4 132 159.72 282 341.22 4207-F5 Zone 3 1,28 Foreston D Febl5-June 120.0 1 1.25 150 192 N Se -A r 55 2.4 132 168.96 282 360.96 Optional Lend 71473 1 11.5 Au ills D Mar-Ju 85.0 1.25 15 91.25 0 N Sept -Apr 45 2.4 108 1242 0 0 71473 1 11.6 Autryville O Jun" t 30.0 4 0 120 0 0 0 Totals., 116.01 17509.25 9837.54 26105.09 3(a) of 11 Reception Area Specifications Tract Field Irrigated Soil 1st Crop Time to 1st Crop 1st Crap Lbs N1Ac Lbs N Total Ibs N Acreage Type Code Apply Yield Ibs NlUnit Residual /Ac Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs NIAc Lbs N Total lbs NI Cocle Apply Yield lips NlUnit Residual lAc Utilized Total Lbs NIAc Total Ibs N Utilized T1 1 2.92 Foreston O Jun -Set 40.0 4 160 467.2 L Sept -Apr 1 65 15 50 146 210 613.2 2 2.71 Foreston O Jun -Sept 40.0 4 160 433.E L S r 1 65 15 50 135.5 210 569.1 3 2.69 Foreston O Jun -Sept 40.0 4 160 430.4 L Sept -Apr 1 65 15 50 134.5 210 564.9 4 2.64 Foreston O Jun -Set 40.0 4 160 422.4 L Sept -Apr 1 65 15 50 132 210 554.4 5 2.56 Foreston O Jun -Set 40.0 4 160 409.6 L Sept -Apr 1 65 15 50 128 210 537.6 6 2.38 Foreston O Jun -Set 40.0 4 160 380.8 L Sept -Apr 1 65 15 50 119 210 499.8 7 1.69 Foreston O Jun -Set 40.0 1 4 160 270A L Sept -Apr 1 65 15 50 84.5 210 354.9 8 1.85 Au lye C Mar -Sept 5.5 50 275 508.75 L Sept -Apr 1 50 50 92.5 325 601.25 9 1.85 Au i[le C Mar -Set 5.5 50 275 508.75 L Sept -Apr 1 50 50 92.5 325 601.25 10 1.91 Autryvlile C Mar -Set 5.5 50 275 525.25 L Sept -Apr 1 50 50 95.5 325 620.75 11 1.69 Autryville C Mar -Sept 5.5 50 275 464.75 1 L Sept -Apr 1 50 50 84.5 325 549.25 12 9.6 Foreston C Mar -Set 6.0 50 300 2880 1 L Sept-AprSept-Apr 1 50 50 480 350 3360 13 8.32 Foreston C Mar -Set 6.0 50 300 2496 L i Sept-AprSept-Apr 1 50 50 416 350 2912 14 2.34 Foreston C Mar -Sept 6.0 50 300 702 L Sept -Apr 1 50 1 50 117 1 350 819 sub1-7 3.01 Foreston 0 Jun -Set 40.0 1 4 160 481.6 L Sept -Apr 1 65 15 50 150.5 210 632A sub8-11 0.98 Autryville C Mar -Set 5.5 50 275 269.5 L Sept -Apr 1 50 50 49 325 31815 sub12-14 6.44 Foreston C Mar -Set 6.0 50 300 1932 L Sept -Apr 1 50 50 322 350 2254 71193 1 33.88 Autryville O Jun -Set 30.0 4 120 4065.6 L Sept- 1 65 15 50 1694 170 5759.6 4207.F5 Zone 1 1.06 Foreston O Jun -Set 40.0 4 160 169.6 L SeptApr 1 65 15 50 53 210 222.6 4207-F5 Zone 2 1.21 Foreston O Jun -Set 40.0 4 160 193.6 L Sept-AprSept-Apr 1 65 15 50 60.5 210 254.1 4207.F5 Zone 3 1.28 Foreston O Jun -Set 40.0 4 160 204.8 L Sept -Apr 1 65 15 50 64 210 268.8 If small rain hey Is not planted behind soybeans, deduct 15 Ib residual from com. Totals: 99.01 18216.6 4650.6 22867.1 3(b) of 11 This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop Lbs N utilized / unit yield A Barley 1.6 Ibs N 1 bushel B Hybrid Bermudagrass - Grazed 50 Ibs N / ton C Hybrid Bermudagrass - Hay 50 Ibs N 1 ton D Corn - Grain 1.25 Ibs N 1 bushel E Corn - Silage 12 Ibs N 1 ton F Cotton 0.12 Ibs N 1 Ibs lint G Fescue- Grazed 50 ibs N 1 ton H Fescue- Hay 50 Ibs N 1 ton I Oats 1.3 Ibs N 1 bushel J Rye 2.4 Ibs N / bushel K Small Grain - Grazed 50 Ibs N / acre L Small Grain - Hay 50 Ibs N / acre M Grain Sorghum 2.5 Ibs N / cwt N Wheat 2.4 Ibs N / bushel O Soybean 4.0 lbs N / bushel P Pine Trees 40 Ibs N I acre / yr Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. 4 of 11 SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PANT rlanimal Farm Totall r 2035 Farrow to Wean 0.84 1709.4 Farrow to Feeder 1 Farrow to Finish 4.1 Wean to Feeder 0.072 Feeder to Finish 0.36 The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 1709.4 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. If you remove the sludge every 5 years, you will have approximately 8547 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the rate of 300 pounds of nitrogen per acre, you will need 28 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 68.376 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. `This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for >180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. 5 of 11 Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount Tract Hydrant _ Type Crop inlhr * inches T1 1 Foreston D 0.5 1 2 Foreston D 0.5 1 3 Foreston D 0.5 1 4 Foreston D 0.5 1 5 Foreston D 0.5 1 6 Foreston D 0.5 1 7 Foreston D 0.5 1 8 Autryville C 0.6 1 9 Autryville C 0.6 1 10 Autryville C 0.6 1 11 Autryville C 0.6 1 12 Foreston C 0.5 1 13 Foreston C 0.5 1 14 Foreston C 0.5 1 subl-7 Foreston D 0.5 1 sub8-11 Autryville C 0.6 1 sub12-14 Foreston C 0.5 1 71193 1 Autryville D 0.6 1 4207-F5 Zone 1 Foreston D 0.5 1 4207-F5 Zone 2 Foreston D 0.5 1 4207-F5 Zone 3 Foreston D 0.5 1 ;ptional Lan 71473 1 Autryville D 0.6 1 71473 1 Autryville O 0.6 1 6 of 11 Additional Comments: Subfield acreage is the balance of the total field acres minus wet acres at this site. This acreage will be claimed when making application with an aerway machine. Tracts 71193 is leased land. Tracts 71193 & 4207 are optional for this plan and application to Tract 71193 acreage will be made with an aerway. Small grain hay behind soybeans is optional for all fields. T71473 has been leased for a three year period beginning Fall 2006 and is optional for use. Any of the crops listed may be grown. This land will be applied to using an aerway type applicator. This plan revised to include the new solid set sprinklers in Tract 4207 field 5. 7of11 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: Batchelor Farm Owner: Murphy -Brown, LLC Manager: Owner/Manager Agreement: I/we understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. llwe know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. I/we understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Murphy -Brown, LLC Signature: Date Name of Manager (if different from owner): Signature: Date Name of Technical Specialist: M. Kevin Weston Affiliation: Murphy -Brown, LLC. Address: 2822 Hwy 24 West, PO Drawer 856 Warsaw, NC 28398 Telephone: (910) 293-3434 Signature: Date 8 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recieving crop tvpe, or available land. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 5 Odors can be reduced by injecting the waste or disking after waste application_ Waste should not be applied when there is danger of drift from the land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 9 Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Wastelnutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14 Waste shall be applied in a manner not to reach other property and public right-of-ways. 15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 10 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 11 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recievinq crop type, or available land. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). 7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9of11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 9 Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14 Waste shall be applied in a manner not to reach other property and public right-of-ways. 15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 10 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 11 of 11 03/02/2007 FRI 18:00 FAX 9102933138 WRLNNI 4— DWQ Wilmington IA 001/006 r Murphypff Murphy Brown LLc PO Box 856 2822 Hwy 24 West Warsaw, NC 28398 Phone (910) 293-3434 Fax (910) 293-3138 Fax Transmittal Sheet Fax: Pages: Phone: Date: Re: CC: ❑ Urgcnt ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle a 03/02/2007 FRI 18:00 FAX 9102933138 WRLNR1 44-> DWQ Wilmington Q 002/006 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 31-563 County. Duplin Facility Name: Batchelor Sow Certified Operator Name: Ron Taylor Operator Number: 27466 1. Current liquid levet(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: A B Spillway(Y or N); N N Level(inches): 18 17 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facilitys CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 3/3/2007 I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. David Nordin Facia' OwnerlManager (print) a dity Owne /Manager (signature) Phone: 910-296-1800 Date: 3/2/2007 03/02/2007 FRI 18:00 FAX 9102933138 WRLNXI r DWQ Wilmington 19 003/006 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.I24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Batchelor A line m = 441.9 lb PAN 2. Structure 1D: Batchelor B line m = 240.6 lb PAN 3. Structure ID: line rn = lb PAN 4. Structure ID: line rn = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 682.4 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance Wave) L TOTAL PAN BALANCE FOR FIELD pbs.) column r x s u. application window* 1C Corn 2.92 81.56 238.2 Mar -July 2C Corn 2.71 81.83 221.8 Mar -Jul 3C Corn 2.69 66.73 179.5 Mar -Jul 4C Corn 2.64 76.87 202.9 Mar-Ju 5C Corn 2.56 83.76 214.4 Mar-Juty 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1056.8 lb. PAN IV. FACILITY'S POA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 682.4 lb. PAN PoA (30 Day) 2/21 /00 03/02/2007 FRI 18:01 FAX 9102933138 WRLNM1 -44 AwQ Wilmington IA 004/006 x. Crops remaining PAN balance (line v from section ill) _ y. Overall PAN balance (w - x) 1056.8 lb. PAN .374 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pomp & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2121/00 ' 03/02/2007 FRI 18:01 FAX 9102933138 WRLN11 Hyy DWO Wilmington Q 005/006 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Batchelor A 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d, top of dike surface area according to design (area at below structural freeboard elevation) F 93799 R2 e. line cJ12 x line d x 7.48 gallonslif 58468 gallons 3, Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 232630 ft3 h. current herd # 2035 certified herd #1 2035 actual waste }produced = current herd ;# x line g = 232630 #l3 certified herd # i. volume of wash water according to structural design ®fe j. excess rainfall over evaporation according to design 123228 ft3 k. (lines h + i + j) x 7.48 x 30 days/line f= 443636 gallons 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 t24120D7 0.88 Ibs11000 gal. m. ((lines e + k)11000) x line I = 441.9 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 03/02/2007 FRI 18:01 FAX 9102933138 WRLIXl --DWQ Wilmington IA006/006 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Batchelor B 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 17.fl Inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 1 Q1781 fe e. line c/12 x line d x 7.48 gallons/ft3 126862 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 116315 ft3 h, current herd # 110Q certified herd # 11Qfl actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 1124120Q7 m. ((lines e + k)/1000) x line 1 = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21100 116315 ft3 �ft3 616 i 4 ft3 221818 gallons 0.69 Ibs/1000 gal. 240.6 Ibs. PAN Waste Management Plan Changes RECEI�D lAN 2 2 2007 Facility l_ —S�> Farm This farms Waste Management Plan has made the following changes: 9 Crop changes ❑ Wetted Acres ❑ Increased Acreage ❑ Decreased Acreage ❑ Changed Irrigation Design ❑ Change in Farm type ❑ Plan based on 3 Years On Farm Records ❑ Other Comments: A - % -off Date Murphy -Brown, LLC 1/18/2007 2822 Hwy 24 West P.Q. Box 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Grower(s): Murphy -Brown, LLC Farm Name: Batchelor Farm Countv: Duolin Farrow to Wean 2035 Farrow to Feeder Farrow to Finish Wean to Feeder Feeder to Finish Storage Structure: Anaerobic Storage Period: >180 days Application Method: Irrigation The waste from your animal facility must be land applied at a specked rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 8 This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission, AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, W, tons, etc.): Capacity Type Waste Produced per Animal Total 2035 Farrow to Wean 3212 gal/yr 6,536,420 gal/yr Farrow to Feeder 4015 gal/yr gal/yr Farrow to Finish 10585 gal/yr gallyr Wean to Feeder 223 gaUyr gal/yr Feeder to Finish 986 gaUE gaUyr Total 6,536,420 gal/yr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): `Based on Farm pumping records Capacity Type Nitrogen Produced per Animal Total 2035 Farrow to Wean 4.72 lbs/yr 9,605 lbs/yr Farrow to Feeder 6.5 ibslyr lbs/yr Farrow to Finish 26 lbs/yr lbs/yr Wean to Feeder 0.48 lbs/yr lbs/yr Feeder to Finish 2.3 lbs/yr lbs/yr Total 9,605 lbs/yr Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. LAND UTILIZATION SUMMARY The following table describes the nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: 119.54 Total N Required 1 st Year: 27100.55 Total N Required 2nd Year: 23608.4 Average Annual Nitrogen Requirement of Crops: 25,354.48 Total Nitrogen Produced by Farm: 9,605.20 Nitrogen Balance for Crops: (15,749.28) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. This chart describes the size, soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this facility. 2 of 8 Reception Area Specifications Tract Field Irrigated Soil 1st Crop Time to 1st Crop ist Crap Lbs NlAc Lbs N Total Ibs N Acrea e Type Code Apply Yield Ibs NlUnit Residual lAc Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs N1Ae Lbs N Total Ibs N Code Apply Yield Ibs N1Unit Residual /Ac Utilized Total' Lbs NIAc Total lbs N Utilized T1 1 2.92 Foreston C Mar -Jul 120.0 1.25 150 438 N Se t-A r 55 2.4 132 385A4 282 823.44 2 2.71 Foreston D Mar -Jul 120.0 1.25 150 406.5 N Sept -Apr 55 2.4 132 357.72 282 764.22 3 2.69 Foreston D Mar -Jul 120.0 1.25 150 403.5 N Sept -Apr 5EL 2.4 132 355.08 282 758.58 4 2.64 Foreston D Mar -Jul 120.0 1.25 150 396 N Se t-A r 55 2A 132 348.48 282 744.48 5 2.56 Foreston D Mar -Jul 120.0 1.25 180 384 N Sept -Apr 55 2.4 132 337.92 282 721.92 6 2.38 Foreston D Mar -Jul 120.0 1.25 150 357 N Se t-A r 55 1 2.4 132 314.16 282 671.16 7 1 1.69 Foreston D Mar -Jul 120.0 1.25 1 150 253.5 N Sept -Apr 55 2A 132 223.08 282 476.58 B J 1.85 Autr villo C Mar -Set 5.5 50 275 508.76 L Se t-A r 1 50 50 92.5 325 601.25 9 1.85 Auyyvibe C Mar -Set 5.5 50 275 508.75 L Se t-A r 1 50 50 92.5 325 601.25 10 1.91 Aulryvilla C Mar -Set 5.5 50 275 525,25 L Se t-A r 1 50 5D 95.5 325 620.75 11 1.69 Autryville C Mar -Sept 5.5 50 275 464.76 L Sept -Apr 1 50 50 84.5 325 549.25 12 9.6 Foreston C Mar -Sot 6.0 50 300 28M L Sept --Apr 1 50 50 480 350 3360 13 8.32 Forestay C Mar -Set 6.0 50 300 2496 L Se t-A r 1 1 50 50 416 350 2912 14 2.34 Foreslon C Mar -Sept 6.0 50 300 702 L Sept -Apr 1 50 1 50 117 1 350 819 subl-7 3.01 Foreston D Mar-Jui 120.0 1.25 150 451.5 1 N Se t-A r 55 2.4 132 397.32 282 848.82 Sub8-11 0.98 Autr ville C Mar -Set 5.5 50 275 269.5 L Sept -Apr 1 50 50 49 325 318.5 sub12-14 6.44 Foreslon C Mar -Set 6.0 50 300 1932 L Sept -Apr 1 50 50 322 350 1 2254 71193 1 33.88 Autryvillu D Mar-Jui 85.0 1.25 106.25 3599.75 N Sept -Apr 45 2A 108 3659.04 214.25 7258.79 4207 5 7.08 Forestcfi D Mar -Jul 120.0 1.25 150 1062 N Sept -Apr 55 1 2.4 132 934.56 282 1996.56 O donal Land 71473 1 11.5 Autr ville D Mar -July 65.0 1.25 15 91.25 0 N Se 1-A r 45 2.4 108 1242 0 0 71473 1 11.5 Autr ville O June -Set 30.0 4 0 120 0 0 0 Totals: 119.54 18078.75 10303.8 27100.55 3(a) of 8 Reception Area Specifications Tract Field Irrigated Soil 1st Crop Time to 1st Crop 1st Crop Lbs NIAc Lbs N Total IbsN Acreage Type Code Apply Yield Ibs NlUnit Residual IAc Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs NlAc Lbs N Total tbs N Code Appiv Yield fbs N/Unit Residual lAc Utilized Total Lbs NlAc Total Ibs N Utilized T1 1 2.92 Foreston O Jun -Set 40.0 4 160 467.2 L Sept -Apr 1 65 15 50 146 210 613.2 2 2,71 Foreston O Jun -Set 40,0 4 160 433.6 L Sept -Apr 1 65 15 50 135.5 210 569.1 3 2,69 Foreston 0 Jun -Set 40.0 4 160 430.4 L Sept -Apr 1 65 15 50 134.5 210 564.9 4 2.64 Foreston O ion -Sept 40.0 4 160 422.4 L Sept -Apr 1 65 15 50 132 210 554.4 5 2.56 Foreston O Jun -Set 40,0 4 160 409.6 L Sept -Apr 1 1 65 15 50 128 210 537.6 6 2.38 Foreston O Jun -Set 40.0 4 160 380.8 L Sept -Apr 1 65 15 50 119 210 499.8 7 1.69 Foreston O Jun -Set 40,0 4 160 270.4 L Se t-A rM15 15 50 84.5 210 354.9 8 1.85 Aut ille C Mar -Set 5.5 50 275 508.75 L Sept -Apr 50 92.5 325 601.25 9 1.85 Au vile C Mar -Set 5.5 50 275 508,75 L Se t-A r 50 92.5 325 601.25 10 1.91 Autr ville C Mar -Set 5.5 50 275 525.25 L Sept -Apr 50 95.5 325 620.75 11 1.69 Autr ville C Mar -Set 5.5 50 275 464.75 L Sept -Apr 50 84.5 325 549.25 12 9.6 Foreston C Mar -Set 6.0 50 300 2880 L Sept -Apr 50 480 350 3360 13 8.32 Foreston C Mar -Set 6.0 50 300 2496 L Se t-A r 50 416 350 2912 14 2.34 Foreston C Mar -Set 6.0 50 300 702 L Sept -Apr 1 50 50 117 350 819 sub-1-7 3.01 Foreston O Jun -Set 40.0 4 160 481.6 L Se t-A r 1 65 15 50 150.5 210 632.1 sub8-11 0.98 Autr ille C Mar -Set 5.5 50 275 269.5 L Sept -Apr 1 50 50 49 325 318.5 sub12.14 6.44 Foreston C Mar -Set 6.0 50 300 1932 L Sept -Apr 1 50 50 322 350 2254 71193 1 33.68 Aulr villa O Jun -Set 3C.0 4 120 4065.6 L Sept -Apr 1 65 15 50 1694 170 5759.E 4207 5 7.08 Foreston 0 Jun -Set 40.0 4 160 1132.8 L Sept -Apr 1 65 15 50 354 210 1486.8 If small rain hay is not oianled behind soybeans, deduct 15 lb residual from corn, Tofals: 96.54 16781.4 4827 23608.4 3(b) of 8 This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop A Barley B Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass - Hay D Corn - Grain E Corn - Silage F Cotton G Fescue- Grazed H Fescue - Hay I Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat O Soybean P Pine Trees Lbs N utilized / unit yield 1.6 lbs N 1 bushel 50 lbs N 1 ton 50 lbs N / ton 1.25 lbs N / bushel 12 lbs N / ton 0.12 lbs N / lbs lint 50 lbs N / ton 50 lbs N 1 ton 1.3 lbs N 1 bushel 2.4 lbs N 1 bushel 50 lbs N 1 acre 50 lbs N 1 acre 2.5 lbs N 1 cwt 2.4 lbs N 1 bushel 4.0 lbs N 1 bushel 40 lbs N 1 acre / yr Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. 4 of 8 SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PANT r/animal Farm Total/ r 2035 Farrow to Wean 0.84 1709.4 Farrow to Feeder 1 Farrow to Finish 4.1 Wean to Feeder 0.072 Feeder to Finish 0.36 The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 1709.4 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. If you remove the sludge every 5 years, you will have approximately 8547 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the rate of 300 pounds of nitrogen per acre, you will need 28 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 68.376 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. "This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The Maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for >180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. 611IMS ] Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount _ Tract Hydrant Type Crop inthr * inches T1 1 'Foreston D 0.5 1 2 Foreston D 0.5 1 3 Foreston D 0.5 1 4 Foreston D 0.5 1 5 Foreston D 0.5 1 6 Foreston D 0.5 1 7 Foreston D 0.5 1 8 Autryville C 0.6 1 9 Autryville C 0.6 1 10 Autryville C 0.6 1 11 Autryville C 0.6 1 12 Foreston C 0.5 1 13 Foreston C 0.5 1 14 Foreston C 0.5 1 subl-7 Foreston D 0.5 1 sub8-11 Autryville C 0.6 1 sub12-14 Foreston C 0.5 1 71193 1 Autryville D 0.6 1 4207 5 Foreston D 0.5 1 )ptional Lan 71473 1 Autryville D 0.6 71473 1 Autryville O 0.6 6 of 8 Additional Comments: Subfield acreage is the balance of the total field acres minus wet acres at this site. This acreage will be claimed when making application with an aerway machine. Tracts 71193 and 4207 are leased land. This land is optional for this plan and application to the acreage will be made with an aerway. Small grain hay behind soybeans is optional for all fields. T71473 has been leased for a three year period beginning Fall 2006 and is optional for use. Any of the crops listed may be grown. This land will be applied to using an aerway type applicator. 7 of 8 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: Batchelor Farm Owner: Murphy -Brown, LLC Manager: Owner/Manager Agreement: Ilwe understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. Ilwe understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Signature: Murphy -Brown, LLC • Name of Manager (if different from owner): Signature: Name of Technical Specialist: Amy E. Roberson Affiliation: Murphy -Brown, LLC. Address: 2822 Hwy 24 West, PO Drawer 856 Warsaw. NC 28398 Telephone: (910) 293-3434 o=i Date Date Signature: ► �� �� Date 8of8 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recievinq crop type, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). i 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the land application field. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 1 of 3 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 3of3 OF WArFR Michael F. Easley, Governor O� pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural_ Resources j Alan W. Klimek, P. E., Director Division of Water Quality May 1, 2003 Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose Hill NC 28458 Subject: Certificate of Coverage No. AWS310563 Batchelor Sow Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Murphy Family Farms: On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the Division of Water Quality (Division) to extend the.expiration.date.of the -Swine Waste Operation General Permit AWG100000. Therefore, the General Permit has been re -issued by the Division to extend the expiration date to October 1, 2004. During the period of this extension the Division will be working with all interested parties on the development of a new version of the Non -Discharge General Permit. In accordance with your application received on February 13, 2003 and in accordance with the directive of Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Murphy Family Farms, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. The issuance of this COC supercedes and terminates your previous COC Number AWS310563 which expired on April 30, 2003. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Batchelor Sow Farm, located in Duplin County, with an animal capacity of no greater than an annual average of 2035 Farrow to Wean swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until October 1, 2004.. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. If your Waste Utilization Plan has been developed based on site specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to to P er-this permit convey any property rights in either real or personal property. ENR Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Customer Service Center An Equal opportunity Action Employer Internet httpJ/h2o.enr.state.nc.us/ndpu Telephone (919) 733-5083 Fax (919)715-6048 Telephone 1-877-623-6748 50% recycled/10% post -consumer paper Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you Oish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least I80 days prior to expiration. This COC 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 COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Water Quality Staff may be reached -at (910)-395-3900. If you need additional information concerning this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. Sincerely, v for Alan W. Klimek, P.E. Enclosures (General Permit AWGI00000) cc: (Certificate of Coverage only for all cc's) Wilmington Regional Office, Water Quality Section Duplin County Health Department Duplin County Soil and Water Conservation District Permit File AWS310563 NDPU Files �1ar. ze, '�;LOCa. 31-5ca3 PRODUCER: - Batchldr Farm LOCATION: P4 Box 759 Rose Hill, NC 28+458 TELEPHONE: (910) 289 2111 TYPE OPERATION: Farrow - wean NUM13ER OF ANIMALS: 2035 (Design Capacity) The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maAmize the fertilizer value of the waste and to ensure that it is applied In an environmentally safe manner. Always apply waste based on the needs of the crop to be- grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting, Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find infortnation on proper sampling techniques, preparation, and transfer of Waste samples to the lab for analysis. This waste utilization plan, if carried out meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. Page 1 mount of YVaste Produced Per Year, (gallons, ft. tons. etc.i 2,035 animals X AM (tons) waste/animal/year = Amount of Plant Available Nitrogen (PAN) Produced Per Year 2,035 animals X 5,A lbs. PAN/animal/year = Guide Std. 633) 12,393 (tons) wastelyear. 10,989 tbs. PAN/year. (PAN from N.C. Tech Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner The following acreage will be needed for waste application based on the crop to be grown and surface application: Table 7: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre Utilized Application T1 1 Fo Wheat 110 17.59 1,934.00 Sept -April T1 1 Fo Soybeans 120 17.59 2,110.80 June -Sept T1 3 Fo Bermuda (H) 300 20.26 6,078.00 March - Oct T1 2 AuB / FOA Bermuda (H) 287.5 7.30 2,098.75 March - Oct "*OPTIONAL* 2 AuB / FoA Small Grain (G) 50 7.30 365.00 Sept -April Total ( 45.151 12,222.45_j `This N is from animal waste only. if nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers In some eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 2 Table 2. ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only If operator does not own adequate land (see Required Specification 21) bract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre* Utilized Application See footnote for Table 1. Totals from above Tables Acres Lbs. N Utilized Table 1 45.15 12,222 Table 2 Total 45.15 12,222 Amount of N Produced 10,989 Surplus or Deficit (1,233) NOTE. The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrient or other elements. Page 3 ':i'.i K"IX is+:ii "•:i a+.+,:': t Kt Wii a%tnK F•::. K:t•:i..v •:iiiG�tiRitt ti:iii'i�i1k{i"::`:L;: iiiit}::2i•:++•:t•i:.z:r{.:i.:ttt:::j.:.+:Lr �:i:+:i.v tiiLv:vii.•i4 ;..•�w0' i\Kritiii' Ott.. n.;::,:..}t• . §' ,�.Lv See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate "F Amount In. 1 FOA Row Crops 0A .5-1.0 2,3 AUB/FoA Bermuda 0.5 .5-1.0 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 MONTHS. In no instance should the volume of waste being stored in your structure exceed Elevation "see lagoon design. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation; Acres shown are "wetted" acres. Residual Soybean PAN taken from wheat crop. Small grain overseed in field 2 is optional. Page 4 REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation In the design folder that the producer either owns or has an agreement for use of adequate land on which to property apply the waste. If the producer does not own adequate land to property dispose of waste, he/she shall provide a copy of an agreement with a landowner who Is within a reasonable proximity, allowing himther the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, Increase in the number of animals, method of utilization, or available land. 3 Animal waste shall be applied to meet, but not exceed. the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding _less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 - Filter Strip). 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate In North Carolina" for guidance.) 7 . Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur In order to control odor or files. 8 .Animal waste shall riot be applied to saturated soils, during rainfall events, or when the surface is frozen. Pap 5 REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas gagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption -it should only be applied pre -plant with no further applications - anima! waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shalt be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soil shall be monitored and aitemative crop sites shall be used when these metal approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for rive (5) years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. Page 7 .WSTE LJT1LgUQN PLAN AC2REMENT Name of Penn: @atchlor Farm Owner/ ManagerAgm menf 1 (we) understand and will follow and implement the specifications and the operation and maintenance procedures established In the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environment Management (DEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25-year, 24hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Sall and Water Conservation District and will be available for review by DEM upon request. Name qf-rility Owner. Murphy Farms, LLC T (Ploaae p nU Signature- Date: / Name /anager pf different from owner): s k Signature: Date: Name of Technical Specialist: (Please pdno Kraig A. Westerbeek Affiliation: Mu h Family -Farms Address () Signature: v 4ttV V PAN APPLICATION SUMMARY BATCHLOR FARM DUPLIN COUNTY 199g Bermuda Pull # Acres PAN App. Total 1 2.92 116.63 337.6 2 2.71 183.43 497.1 3 2.69 124.82 335.8 4 2.64 151.16 399.0 5 2.56 130.7 334.6 6 2.38 85.56 203.6 7 1.69 96.12 162.4 8 1.85 20.6 38.1 9 1.85 59.89 110,8 10 1.91 24.6 47.0 11 1.69 20.8 35.2 12 1.58 26.6 42.0 13 1.03 25.8 42.1 14 1.69 24.9 42.1 15 2.23 61.9 138,0 16 3.67 99.7 365.9 17 3.41 252.87 862.3 18 3.45 134.67 464.6 Total = . 4458.2 MOM Bermuda Small Grain Pull # Acres PAN App. Total 1-1 2.92 88.6 258.42 1-2 2.71 65 170.16 1-3 2,69 90.6 243.714 1-4 2.04 48.2 127.249 1-5 2.68 48.3 123.648 1-6 2.3a 20.2 62.350 1-7 1.69 11.8 19.942 3-2A 1.69 46.6 78.754 3-28 2.23 47.9 106.817 3-3 3.67 40,4 148.268 3-4 3.41 65.3 222.673 3-5 3,45 70.4 242.80 Total = 1810.87 Total 1999 - 6269.1 Small Grain Pull Acreage PAN App Total Pull Acreage PAN App Total 1 2.92 285.9 834.8 1 2.92 144.4 421.6 2 2.71 169 458.0 2 2.71 76.3 206.8 3 2.69 217.9 $86.2 3 2.69 $3.1 223.5 4 2.64 278.9 736.3 4 2.64 53.9 142.3 5 2.56 254.7 652.0 5 2.56 110,8 283.1 6 2.38 145.7 30.8 6 2.38 11.6 27.6 7 1.69 13.34 22.6 7 1.69 0 0.0 6 1.65 21 38.9 8 1.85 0 0.0 9 1.86 59.8 110.0 9 1.85 0 0.0 10 1.91 90.6 173.0 10 1,01 25 47.8 11 1.69 16.3 27.5 11 1.69 0 0.0 31A 1.58 11.8 18.8 31A 1.56 26.8 42.3 31113 1.63 78.1 127.3 31 B 1.03 0 0.0 32A 1.69 196 331.2 32A 1.69 26.1 44.1 328 2.23 178.1 397.2 32B 2.23 7.4 16.5 33 3.67 120.4 441.9 33 3.67 29.7 109.0 34 3.41 284.E 070.5 34 3.41 36.5 121.1 35 3.45 206 707.3 38 .3.48 88.9 309.4 Total 7290.0 Total 2000 PAN 90T7.2 M II Bermuda Pull # Ades PAN App. Total 1 2.92 287.4 839.2 2 2.71 269 729.0 3 2.89 190.8 513.3 4 2.64 261.8 091.2 5 2.66 346.7 887.6 8 2.38 153.2 384.8 7 1.69 130.1 219.9 8 1.85 121 223.9 9 1.85 41.6 77.0 10 1.91 211.7 404.3 11 1.69 19.7 33.3 31 A 1.58 87 137.6 318 1.63 133.2 225.3 32A 1.69 109.1 184.4 328 2.23 120.8 269.4 33 3.67 293.3 1076.4 34 3.41 294.2 1003.2 35 3.46 200.5 $91.7 36 3.48 55.5 193.1 Total = 8764.1 2001 PAN Total = 9380.1 m 35 3.45 29.4 101.4 36 3.48 0 0.0 Total = 1787.2 Small Grain Pull # Acres PAN App, Total 1 2.92 27.2 79A 2 2.71 0 0.0 3 2.69 28.5 76.7 4 2.64 0 0.0 5 2.56 0 0.0 6 2.38 0 0.0 7 1.69 0 0.0 $ 1.85 0 0.0 9 1.35 0 0.0 10 1.91 0 0,0 11 1.69 0 0.0 31 9.6 38.2 366.7 32 8.32 11.2 93.2 33 2.34 0 0,0 Total = 816.0 April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy Family Farms PO Box 759 Rose Hill NC 28458 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Batchelor Sow Farm #31-563 Duplin County Dear Sir or Madam: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality On March 20, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on August 25, 1997. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Wilmington Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past •12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal NDENR Customer Service. Mailing Address: Telephone (919) 733-SOM Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled/ 10% post -consumer paper h ttpl/h2o. en r. state. nc. us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Wilmington Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Wilmington Regional Office Staff at (910) 395-3900. Sincerely, �� Alan W. Klimek, P.E. Director cc: Wilmington Regional Office Non -Discharge Compliance/Enforcement Unit Central Files t Murphy -Brown LLC PO Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-22DI� 33 1 Fax: 910- ir _< ?bg Mr. Sliver, The following farm within the Murphy -Brown, LLC system had plan _ amendments made to extend pumping windows and add additional PAN where needed. The plan amendments are attached for each farm. Farm Name Facility Number Batchelor Farm 31-563 . If there are any questions please let me know. Regards, �ToddRowe, CCA Agronomist Murphy -Brown, LLC 14 CAWMP AMENDMENT Batchelor 7/28/03 This amendment is intended to extend the pumping window on corn. Nitrogen is accumulated within the plant up to physiological maturity. The R2 growth stage (blister) is critical because Nitrogen accumulated in vegetative plant parts begin to move into reproductive plant parts and kernels are beginning dry matter accumulation. Nitrogen should be applied to this growth stage to maximize the utilization of Nitrogen by the plant. Knowing that the R2 stage occurs approximately 75-80 days after emergence, then Nitrogen applications should continue up to this point. Upon a field visit it was determined that the corn is in growth stage R1. With the R2 stage occurring approximately 10-14 days after the RI stage, Nitrogen applications should continue until August 10, 2003. 4 Manager Technica Specialist Ze rC F Date D to CAWMP AMENDMENT Batchelor 7/25/03 This amendment is intended to provide additional Nitrogen to the corn crop. Tissue analysis was conducted on the corn crop on July 14, 2003. The results of this analysis indicated the plants to be low in Nitrogen. Upon evaluation of the tissue sample results and the crop that is planted, it is found that additional Nitrogen is required for the corn crop. The additional Nitrogen is mainly due to the wet weather conditions that have been seen so far this growing season. Several processes have caused Nitrogen to be Iost from the soil and restricted uptake by the plant. This additional Nitrogen is for supplementation of the required PAN in the waste management plan. Hydrant 1 2 3 4 5 6 7 FEW. -A, I ITI M R. Manager o J�e,c�e� CAI¢ Technical Specialist Supplemental Nitrogen per acre (pounds) 15.0 Date Date ate 15.0 15.0 15.0 15.0 15.0 15.0 Freeboard Notification Subject: Freeboard Notification Date: Fri, 27 Jun 2003 17:12:02 -0400 From: "Britt, RO (BOC)" <ROBritt@brownsofcarolina.com> To: "'stonewall. mathis@ncmail.net"' <stonewall.mathis@ncmail.net> CC: "Nordin, David"<DavidNordin@brownsofcarolina.com> The following farm has a PoA that expires on 6/28/03. It is currently at the following levels: Permit # Farm Lagoon 310563 Batchelor A 310563 Batchelor B Murphy -Brown, LLC Kenansville Division Freeboard Level Date 23" 6/27/03 24" 6127103 If you have any questions or comments, please contact David Nordin at 910-296-3731. of 1 7/16/2003 3:05 PM PoA Lagoon Level Update Murphy -Brown, Kenansville Subject: PoA Lagoon Level Update Murphy -Brown, Kenansville Date: Fri, 11 Apr 2003 15:25.15 -0400 From: "Britt, RO (BOC)" <ROBritt@brownsofcarolina.com> To: "'Chester.Cobb@ncmail.net"' <Chester.Cobb@ncmail.net>, "'Stonewall_Mathis@ncmail.net"' <Stonewall.Mathis@ncmail.net> CC: "Nordin, David"<DavidNordin@brownsofcarolina.com> The following is an update of the lagoon levels currently under PoA's for the Murphy -Brown Kenansville Davison. The following readings were recorded Friday, April 11, 2003. Farm C.O.C. Lagoon Lagoon # I.D. Level Smith -Alderman 31-6 A 21 B 16 Bachelor 31-563 A 16 B 16 1 of 1 7/16/2003 3:32 PM Lagoon Levels Subject: Lagoon Levels Date: Tue, 27 May 2003 15:14:06 -0400 From: "Nordin, David"<DavidNordin@brownsofcarolina.com> To: "'Rick. shivcr@ncmail. nct"' <Rick.shivcr@ncmail.net> CC: "'stonewall.mathis@ncmail.net"' <stoncwa11.mathis@ncmai1.net>1 "'chester.cobb@ncmail.net"' <chestcr.cobb@ncmail.net> Batchelor Sow Farm Permit # 310563 Lagoon Level A - 18 inches B - 18 inches 5127/03 The lagoons are not in compliance. A PoA will follow for this notification. If I can be of further assistance, please call at 910 - 296 - 3731. David Nordin Murphy Brown LLC Kenansville Division 1 of 1 7/16/2003 3:25 PM Lagoon Freeboard Notification Subject: Lagoon Freeboard Notification Date: Wed, 23 Apr 2003 11:24:52 -0400 From: "Cavenaugh, Tonya"<TonyaCavenaugh@brownsofcarolina.com> To: "'stonewall.mathis@ncmail.net"' <stonewall.mathis@ncmail.net> The following farm's PoA expires today, 4/23/03. Their current freeboard level is as follows: Permit # Farm # Date Level Taken Level 31-563 Batchelor 4/23/03 A - 19" B-19" The following farm's PoA expires 5/15/03. Their current freeboard level is as follows: Permit # Farm # 31-6 Smith -Alderman 1 onya Cavenaugb 111urply .Brown L.L C Kenan.;ville Dirisim (910) 296-3732 Land 6 Nutrient Management Adminifmative A ii rtaw Date Level Taken Level 4/19/03 A - 22" B-21" Name: Notebook.jpg . Notebook.ipg Type: JPEG Image (image/jpeg) Encoding: base64 1 of 1 7/16/2003 3:27 PM Lagoon Freeboards Subject: Lagoon Freeboards Date: Mon, 14 Jul 2003 16:29,01 -0400 From: "Nordin, David"<DavidNordin@brownsofcarolina.com> To: "'stonewall.mathis@ncmail.net"' <stonewall.mathis@ncmail.net> CC: "'John.college@ncmail.net"' <John.college@ncmail.net>, "'Rick.shiver@ncmail.net"' <Rick,shiver@ncmail.net> Freeboard Levels - Murphy Brown LLC Kenansville Division - 7/14/03 Farm Facility# 2147 31 - 468 Batchelor 31 - 563 Turner Sow 31 - 57 3620 31 - 400 Scott 31 - 5 Envirotech 31 - 177 3090 31 - 678 2149 31 - 567 2704 31 - 375 Lagoon Level 17 inches A - 17 inches B - 17 inches S1 - 14 inches S2 - 14 inches S3 - 17 inches 18 inches 15 inches S1 - 18.5 inches 18 inches 16 inches 16 inches 2706 31 - 375 10 inches In addition to a 30 day PoA, a 5 day PoA will be submitted for this farm. If you have any further questions, please call me at 910 - 296 - 3731. Thank You David Nordin Land & Nutrient Management Murphy Brown LLC Kenansville Division l of 1 7/16/2003 3:02 PM Lagoon Level Up Date Subject: Lagoon Level Up Date Date: Thu, 10 Apr 2003 15:43:41 -0400 From: "Britt, RO (BOC)" <ROBritt@brownsofcarolina.com> To. "'Chester.Cobb@ncmail.net"' <Chester.Cobb@ncmail.net>, "'Stonewall.Mathis@ncmail.net"' <Stonewall.Mathis@ncmail.net> CC: "Nordin, David"<DavidNordin@brownsofcarolina.com>, "Williamson, Dawn" <dawnwilliamson@mu phybrownllc.com> The following lagoon levels are less than 19 inches. Farm C.O.C. Lagoon Lagoon # ID Level Smith -Alderman 31-6 A 20 B 18 A PoA will be submitted for the Smith -Alderman farm as soon as possible. A PoA has been submitted for the Bachelor farm (31-563). The following is an update on the lagoon levels at this facility as of 4/10/03. Farm C.O.0 Lagoon Lagoon # ID Level Bachelor 31-563 A 17 B 17.5 1 of 1 7/16/2003 3:35 PM Lagoon Levels Subject: Lagoon Levels Date: Tue, 27 May 2003 15:14:06 -0400 From: "Nordin, David"<DavidNordin@brownsofcarolina.com> To: "'Rick. shiver@ncmail.net"' <Rick.shiver@ncmail.net> CC: "'stonewall.mathis@ncmail.net"' <stonewall.mathis@ncmail.net>, "'chester.cobb@ncmail.net"' <chester.cobb@ncmail.net> Batchelor Sow Farm Permit # 310563 Lagoon Level A - 18 inches B - 18 inches 5/27/03 The lagoons are not in compliance. A PoA will follow for this notification. If I can be of further assistance, please call at 910 - 296 - 3731. David Nordin Murphy Brown LLC Kenansville Division 1 of 1 5/28/2003 10:07 AM I F Ma b. May 28 03 04:19p MURPHY-BROWN 9102933138 =11AY 2003 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES ``-""---------____�- Facility Number. 31-563 County: Duplin Facility Name: Batchelor Sow Certified Operator Name: f) Operator Number: 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways - Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: A B Spillway(Y or N): N N Level (inches): 18 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWO prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation "if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: l hereby certify that 1 have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct 1�r� Phone: 110 /�6 3 7,3% F cility Owner/Manager (print) Date: - Facility Owner2M er (signature) , Mar 21 03 03: 30p MURPHY-BROWN 9102933138 p, 3 1 , Mar 21 b3 03: 29P MURPHY-BROWN 8102933138 p. 2 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): Batchelor D28 2. Current liquid volume in 25 yrJ24 hr. storm storage & structural freeboard a. current liquid level according to mariner F1$.0 inches b, designed 25 yr.124 hr. storm & structural freeboard 9A inches c, line b - line a (inches in rec zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevat'on) 93799 ftZ e, line c112 x line d x 7,.48 gallons/W 53468 gallons 3. Projected volume of waste liquid produced during draw down period 3 t - s-4 3 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number. 31-563 County: Duplin Facility Name-. Batchelor Sow Certified Operator Name: D. S Operator Number: (0�-Q 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the botom of the spillway for lagoons with spillways. Lagoon Name/ID 5pillway(Y or N): Level(inches): Lagoor 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 D28 N 2. Check all applicable items 18 7- Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hyaraulic and agronomic balances are within acceptable ranges. f. temporary storage perod according to structural design 180 days X Liquid level is within the 25 year24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. g. volume of waste produced according to structural design 232630 ft3 Waste is to be pumped and hauler to off site iocaticrs. Bolume and PAN content of waste h. current herd # 20 35 certified herd #1 2o-151 to be purnped and nauled is reflected in section M tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crap actual waste produced = current herd # x line g = 232630 ft' Information. Contact and secure approval from the DWO prior to transfer of waste 'o a sire not covered in the facility's CAWh7P. certified ; Ierd # _ _ _ Operation. ill be partially or fully depopulated- _ t. volume of wash water according to structural design Oft3 *Attach a cempiete schedule with corresponding animal units and dates frc deoopulati;;n *if animals are to be moved to another permitted facility, provide facility number, lagoon j. excess rainfall over evaporation, according to design i23228,ft3 freeboard levels and herd population for ine receiving facility k. ,lines 11 + i + j) x 7.48 x 30 daysAine f= 443636 gallons 3. Earliest possible date to begin land application of wasle: 4. Total PAN to be land applied during draw down period I hereby certify that 1 have reviewed the Information listed above and included within the attached Plan of Action, and to the best of my knowledge and ablilly, the information Is I- current waste analysis dated 03101/2003 1.80 ;bs11000 gal. accurate and correct. ' m. ((lines e + k)11000) x line 1 903.8 lbs. PAN . ),<0r J Nv r d / n. - Phone: J1 D 27 44 -33731 Facill O'hnerlManager (print) REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE. d Gu_ � 2 Date: 3 - 2 ` - d3 (Click on the next Structure tab shown below) Facility Owner+Manager (signature) �. PoA (30 Day) 2J21100 Jr ,Mar 21 03 03:30p MURPHY-BROWN 9102933138 p.4 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Batchelor D28 line m = 903.8 lb PAN 2. Structure ID: line rn = Ib PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 5. Structure ID: line'rn = lb PAN n.lines 1+2+3+4+5+6= 903.8lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWt PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT RE APPLIED DIJRINP THIS an DAY PFlRInn balance12 PAN :. 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw dowr, Deriod. v. Total PAN available for all fields (sum of column t) W 2098.8 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to ba land applied (line n from section 11) = 903.8 Ib. PAN PoA (30 pay) 2I21100 Mar 21 03 03:30p MURPHY-BROWN 9102933138 p.5 x. Crop's remaining PAN balance (fine v from section III) = 2098.8 lb- PAN y. Overall PAN balance (w - x) _ -1195 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For oump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level. add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. ,Irrigation onto existing spray fields will continue as weather and field conditiors permit. Additional land is -- j available for pumping if needed. j i i I PoA (30 Day) 2l21100 1'o 70 F 7 1 m C3 Postage S . $ u7 Certified Fee Ln , 1 ru Return Receipt Fee p (Endorsement Required) Pos mark H" p ResMcted De kW Fee Cl (Endorsement Required) j I $ �^} Y I p 7btsl Postage & Fees 11S �— — r9 p Street. APL No.; 1 or PO Box ip--------- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 15, 2003 Murphy Family Farms Mr. David Nordin 785 Hwy. 24/50 Warsaw, NC 28398 Subject. Rescission of Notice of Violation / Issuance of Notice of Deficiency Batchelor Sow Farm Facility # 31-563 Duplin County Dear Mr. Nordin: Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Wilmington Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Wilmington Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. w Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. s' pA NCDENR Customer Service. Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity 1 Affirmative Action Employer 50% recycled ! 10% post -consumer paper htfp:llh2o.en r. state. n C. us Inadequate Freeboard David Nordin December 15, 2003 Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Wilmington Regional Office at 910-395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor CC: Kraig Westerbeek, Murphy -Brown, LLC Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC Wilmington Files 31-563 Non -Discharge Compliance and Enforcement Unit Central Files 0 �1 !4-�UU3 I'M Ub; bb V11 8UU - LANANUTRIENT F` Murphy -Brown. Kenansville Division 785 Hwy. 24/50 Warsaw, NC 28398 (910) 296-1800 To: SA%,Le-wa-jX V&S J(Ij wl �ti� /IY A Date: _,. 'l 0y /ga2 81U W283 F. U1/18 Land & Nutrient Management From: David Nordin, Manager Tonya C.avenaugh, Assistant R. O. Britt, Specialist J. D. Suggs, Specialist Don LaCoe, Auditor Fax: l - 91a 3a . aoo�i Number of pages, including cover sheet: I� - T14-2003 TBU 05;57 PM BOC - LAND&NUTRIENT 9102961283 P. 06/18 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 31-563 County: Duplln Facility Name: Batchelor Sow Certified Operator Name:D Operator Number: 675te,26 01 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level In the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name11D: A a Spillway(Y or N): N N Level(inches): 19 16 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 34 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X 1_lquld level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range - Waste Is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan Is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWO prior to transfer of waste to a site not covered In the facllity's CAWMP. Operation will be partially or fully depopulated. `Attach a complete schedule with corresponding animal units and dates fro depopulation `if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and Included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. AL4 &ems L 1-d Phone: 9101.296 '373/ acility Owner/Manager (print) - -Z?2/3 LL_C - Date: Facility Owner/Manager (signature) V-14-2003 THU 05:58 PH BOO - LAND&NUTRIENT 9102961283 P. 07/18 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIE1 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Batchelor B 2. Current liquid volume in 25 yr_124 hr. storm storage & structural freeboard a. current liquid level according to marker 16.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 101781 ft� e. line c112 x line d x 7.48 gallonsR 190293 gallons 3. Projected volume of waste liquid produced during draw down period f_ temporary storage period according to structural design 18D days g. volume of waste produced according to structural design 116315 ft3 h. current herd # 1100 certified herd # 1100 actual waste produced = current herd # x line g = 116315 ft3 certified herd # i. volume of wash water according to structural design L— 01ft3 j. excess rainfall over evaporation according to design 61614 1? k. (lines h + i + j) x 7.48 x 30 days/line f= 2211918 gallons 4. Total PAN to be land applied during draw down period I. current waste analysis dated 07/21/2003 1.50 Ibs11000 gal. m. ((lines e + k)11000) x line 1= 618.2 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21 /00 R,,_14-2003 THU 05:58 Ply BOC - LAND&HUTRiENT 9102961283 P. 08/18 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL. FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID_ Batchelor A line rn = lb PAN 2. Structure ID, Batchelor B line m = 618.2 lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN S. Structure 10: line m = lb PAN 8. Structure ID: line m = lb PAN n.lines 1+2+3+4+5+6= 618.2lbPAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOW! PERIOD_ DO NOT LIST FIELDS TO WHICH PAN r-ANNnT RI: APPLIP11 11I1R1NC THIS An nAV PFRInn o. tract # p. field # q. crop r. acres s. remaining IRK. 2 PAN balance (Iblacre) t. TOTAL PAN BALANCE FOR FIELD (I be.) column r x s u. application windows 1 2 HB Bermuda May 1.85 88.69 164.1 Mar -Oct 2 H9 Bermuda Hay 1.85 60.92 112.7 Mar -Oct 2 H10 Bermuda Hay 1.91 82.13 156.9 Mar -Oct 2 HI Bermuda Ha 1.69 117.39 198.4 Mar -Oct 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 632.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 618.2 lb. PAN PoA (30 Day) 2121100 R-W2003 THU 05:58 Ply BOO - LR ANUTRIBNT 9102961283 P, 09/18 x, Crop's remaining PAN balance (line v from section ill) = 632.0 lb. PAN y, Overall PAN balance (w - x) _ -14 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21100 ofo-5 Coe - PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 31-563 County: Duplin Facility Name: Batchelor Sow Certified Operator Name: 'i J 5 Operator Number: 0 G �, C� 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: A B Spiltway(Y or N): N N Level(inches): 17 17 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section Ill tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. _4/ur0k re� //-e &Ilod /E,ePhone: 9lo•;294-373/ �TFacility Owner/Manager (print) Date: Facility Own r/Manager (signature) PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): Batchelor A 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 93799 ftZ e. line c112 x line d x 7.48 gallonslft3 116936 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 186 days g. volume of waste produced according to structural design 232fi30 ft3 h. current herd # 935 certified herd # 935 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 06/24/2003 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 232630 ft3 ®ft3 123228 ft3 443636 gallons 1.30 Ibs11000 gal. 728.7 lbs. PAN PoA (30 Day) 2/21/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure NamelIdentifiier (ID): 113atchelor B 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallonslft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 17.0 inches 19.0 inches 2.0 inches 101761 ftz 126862 gallons 180 days g. volume of waste produced according to structural design 116315 ft3 h. current herd # 1100 certified herd # 1100 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 06/24/2003 m. ((lines e + k)11000) x line I REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 116315 ft3 ©ft3 61614 ft3 221818 gallons 1.80 Ibs11000 gal. 627.6 lbs. PAN PoA (30 Day) 2/21/00 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Batchelor A 2. Structure ID: Batchelor B 3. Structure ID: 4. Structure ID: 5. Structure ID: 6. Structure ID: line m = 728.7 lb PAN line m = 627.6 lb PAN line m = lb PAN line m = lb PAN line m = lb PAN line m = lb PAN n. lines 1 +2+3+4+5+6= 1356.4 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWF PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD o. tract # p. field # q. Crop r. acres s. remaining IRR 2 PAN balance (lblacre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application windowf 11 2 H8 Bermuda Hay 1.85 144.16 266.7 Mar -Oct 2 H9 Bermuda Hay 1.85 150.84 279.1 Mar -Oct 2 H10 Bermuda Ha 1.91 170.52 325.7 Mar -Oct 2 H11 Bermuda Hay 1.69 182.97 309.2 Mar -Oct 1 H1 Corn 2.92 46.21 134.9 Mar -Jul 1 H2 Corn 2.71 41.09 111.4 Mar -Jul 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1426.9 Ili. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 1356.4 lb. PAN PoA (30 Day) 2/21100 x. Crop's remaining PAN balance (line v from section Ili) = 1426.9 lb. PAN y. Overall PAN balance (w - x) _ -71 lb. PAN Line y must show as a deficit. if line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21/00 MURPHY F AM 1 l Y F A R M S Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Dean Hunkele Dear Mr Hunkele, As required by your agencies freeboard guidance document dated 1/31/2000, this letter is intended to outline a plan of action aimed at lowering the lagoon level at the Batchlor Farm (lagoon 1) to a level adequate for both structural stability and a 25 year, 24 hour storm. We have approximately 50 acres of small grain overseed available for irrigation at this time. PAN balances for the fields to be used show that we still have 25 % of our 100 lb. target available. When field conditions improve, we will begin making frequent, light applications to the small grain. On this farm, we could transfer water to the newer lagoon if needed, however, that would bring it closer to the 19" mark than we would like. Therefore, if the current weather conditions continue, we should be able to lower the lagoon level to below minimum requirements within 30 days through irrigation. If there are any questions or concerns, please call me at (910) 289 6439 ext. 4556 or John Bizic at ext. 4589. 4 ekterbeek Family Farms 2/ 1 /00 Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400 APR-07-00 01:40 PM P.09 �)Om�*'C'*3ti-`3`. 31-5-63 MARILYN Land & Nutrient Management Data History Inquiry 4/07/UO LNMHSTINQ Murphy Family Farms 13:57:41 Farm# _ 2016 Lagoon#: Report Date: 10/01/99 Div#: SDI Ref#: Options: 5-More Details Farm Lag Report SDI Free Board Consumption Rainfall Contract Opt No: No: Date Div# Ref# Level Per Head Water Inches Gal Pump 2016 1 10/02/99 10 114541 17 6.11 85060 1.10 2016 1 10/09/99 10 175231 20 6.83 94980 .50 2016 1 10/16/99 10 175904 16 7.10 98160 4.20 2016 1 10/23/99 10 176653 24 6.89 95190 .43 2016 1 10/30/99 10 177335 23 7.12 98210 2016 1 11/06/99 10 178019 19 6.89 97280 2016 1 11/13/99 10 178712 17 8.32 118800 2016 1 11/20/99 10 179414 16 10.68 149490 2016 1 11/27/99 10 180137 18 7.44 105850 2016 1 12/04/99 10 180797 19 6.21 88390 2016 1 12/11/99 10 181448 23 5.90 84210 2016 1 12/18/99 10 182117 24 9.05 129560 F3-Exit F5-Refresh (C)Copyright 1998-99.Anchor Applications & Solutions, Inc All Rights Reserved APR-07-00 01:40 PM P.10 MARILYN Land & Nutrient Management Data History inquiry 4/07/00 LNMHSTINQ Murphy Family Farms 13:57:41 Farm# : _ 2016 Lagoon#: Report Date: 10/01/99 Div#: SDI Ref#: _ Options: S=More Details Farm Lao Report SDI Free Board Consumption Rainfall Contract Opt No: No: Date Div# Ref# Level Per Head Water Inches_ Gal Pump 2016 1 12/25/99 10 182844 22 10.14 144 580 2016 1 1/01/00 10 183516 23 9.78 139140 2016 1 1/08/00 10 184211 23 5.45 78610 2016 1 1/15/00 10 184913 23 4.22 60410 2016 1 1/22/00 10 185609 19 4.50 64630 2016 1 1/29/00 10 186271 15 4.40 63790 2016 1 2/05/00 10 186956 18 4..67 66860 2016 1 2/12/00 10 187684 18 4.83 69090 2016 1 2/19/00 10 188339 18 4.90 70100 2016 1 2/26/00 10 189054 23 4.57 65300 2016 1 3/04/00 10 189723 21 5.23 75000 2016 1 3/11/00 10 190478 23 4.68 67560 F3-Exit FS=Refresh (C)Copyright 1998-99.Anchor Applications & Solutions,Inc.All Rights Reserved APR-07-00 01 :48 PM MARILYN Lana & Nutrient Management Data Histor _In uir 4/U-i/UU LNMH STINQ Murphy Family Farms 13:57:41 Fa rrn# 2016 Lagoon#: Report Date: 10/01/99 Div#: SDI Ref#: Options: 5-More Details Farm Lag Resort SDI Free Board Consumption Rainfall Contract Opt No: No: Date Div# Ref# Level Per Head Water Inches 2016 1 3/18/00 10 190977 7,8 4.81 69600 _GalPump 2016 1 3/25/00 10 191871 25 4.99 72870 2016 1 4/01/00 10 192510 20 5.14 74380 2016 2 10/02/99 10 174541 20 6.11 65060 1.10 2016 2 10/09/99 10 175231 26 6.83 94980 .50 2016 2 10/16/99 10 175904 21 7.10 98160 4.20 2016 2 10/23/99 10 176653 21 6.89 95190 .45 2016 2 10/30/99 10 177335 23 7.12 98210 2 016 2 11/06/99 10 178019 23 6.89 97280 2016 2 11/13/99 10 178712 25 8.32 118800 2016 2 11/20/99 10 179414 26 10.68 149490 2016 2 11/27/99 10 180137 26 7.44 105650 F3=Exit F5=Refresh R (C)Copyright 1998-99.Anchor Applications & Solutions►Inc.All Rights Reserved L i � b m b 00 CM .D Ed � _ a> 00 r'' c V 3 E Z m ml c aw •FBI CO •� t7 Cc w�w,, CD m O �Vz o�t , CL ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired- ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to A. Received by (Please Print Gearly) B. Date of Delivery C. Sign ture XZ�� ❑Agent a Addressee D. Is delivery add different from item 1? 0 Yes If YES, enter delivery address below: ❑ No Mr. Kraig Westerbeek II- Murphy Family Farms PO Box 759 s. Servi pe Rose Hill, NC 28458 Cert+fied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Elora Fee) ❑ Yes 2. Article Num r(CA, frpe�J J r� !�J 4 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1799 State of North Carolina Department of Environment and Natural Resources r Wilmington Regional Office James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director ENVIRONMENT Ar4o NATURAL REsbuRCEs Division of Water Quality April 13, 2000 CERTIFIED MAIL # P 328 829 378 RETURN RECEIPT REQUESTED Mr. Kraig Westerbeek Murphy Family Farms Batchelor Farm PO Box 759 Rose Hill, NC 28458 Subject: Notice of Deficiency Batchelor Farm Facility Number: 31-563 Duplin County Dear Mr. Westerbeek: This is to notify Murphy Family Farms, who holds a non -discharge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0200 and North Carolina G.S. 143.215.1, of a deficiency of Animal Waste Permit AWS 310563. On January 26, 2000, it was reported by your facility that the freeboard level in lagoon was not in compliance with levels of 17 inches. Therefore, this notice is being sent in accordance with the Division of Water Quality's (DWQ) high freeboard policy. You should have submitted a Plan of Action to obtain compliance within a stipulated time frame depending on your lagoon level. The following procedure is to be implemented whenever the freeboard level in any lagoon is not in compliance: 1. Notify DWQ Wilmington Regional Office within 24 hours 2. Submit appropriate Plan of Action documents obtained from DWQ, Soil & Water district office, or Service Company 3.. Provide DWQ Regional Office with weekly updates 4. Notify DWQ Regional Office when compliance is attained. It is highly recommended that this facility: 1) explores and initiates measures to conserve fresh water usage and 2) make any necessary changes to the waste management system and/or waste utilization plan to help maintain appropriate lagoon levels. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 9111-350-2004 An Equal Opportunity Affirmative Action. Employer recycled/10% post -consumer paper Information contained in this database is from non agency sources and is considered unconfirmed Farm Emergengy Call Form Farm Number — ® Date 11/26/2000 Farm Name lBatchelor Sow Farm Time Owner Frist Name Call Number Fn Owner Last Name IMUrphy Family Farms IS Reporfing Q Complaint Source O n Bizic — I Breached Q Yes Q O Freeboard Level 1 117 Depopulated Q Yes 0 Freeboard Level 2 Overflowed Q Yes Q O Freeboard Level 3 LQ Issue Q Yes 0 O Freeboard Level 4 PermissionToPump Q Yes Q O Freeboard Level 5 Inudated 0 Yes Q O Flooded Q Yes Q O Freeboard Level 6 Pumping Equipment Q Yes Q O comments nneWa . s.IeCelue .. e.. ..an.... ...an ..ena ere .in a.. e.. ; ase.an.......... 21212.0.0.0.1 .......................................................................................................................................................................................................... ....................................................................................................................................................................................................•......... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ........................................................................................................................................................w......................................................................... ............................................................................................................................................................................................................................I...- ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ....................................................................................................................................................................................................•.............................. ........................... ....................................................................................................................................................................................... •.................................................................................................................................................................................................................................. ........................................................................................................................................................................................................................ ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ....................................................................................................................................................................................................•.............................• I.................... I................ I.......... ANIMAL WASTE MANAGEMENT PLAN CERTIFICATION FOR NEW O CEXPAnNDEDEEDLOTS Please return the completed form to the Division of Environmental Management at the address form. Name of farm (Please print): Batchelor Farm ! GAP � Address: P. O. Box 759 Rose Hill, NC 28458 Phone No.: I County: Duplin Farm location: Latitude and Longitude: 350 00' 5'1770 56 06' (required). Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.): Swine Design capacity (number of animals): 2035 Sows Farrow to Wean Average size of operation (12 month population avg.): 2035 Sows Average acreage needed for land application of waste (acres): 35.7 Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, 1 certify that the new or expanded animal waste management system as installed for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation pursuant to 15A NCAC 2H .0217 and 15A NCAC 6F .0001-.0005. The following elements and their corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds; waste storage capacity; adequate quantity and amount of land for waste utilization (or use of third party): access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25-year, 24-hour storm. Name of Technical Specialist (Please print): M. Kevin Weston Affiliation: Murphy Family Farms, Inc Address (Agency): P. 0.. Box 759 Rose Hill, NC 28458 Phone No. (910) 289-2111 Signature: Date: OwnerlManager Agreement I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any additional expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either through a man- made conveyance or through runoff from a storm event less severe than the 25-year, 24-hour storm_ The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. Name of L Signature: Name of Manager, if different from owner (Please Print): Signature: Date: Note: A change in land ownership requires notification or a new certification (if the approved plan is changed) to be submitted to the Division of Environmental Management within 60 days of a title transfer. - - DEM USE ONLY: ACNEW# jjQ 3 31-563 FAMILYFARMS August 8, 1995 Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section,-., ing Branch y P. O. Box 29535 Raliegh, NC 27626-0535 Attn: Mr. Steve Tedder, Chief RE: Batchelor Farm - Swine Facility Certification Duplin County, NC Dear Mr. Tedder: Enclosed is the certification form for the above referenced swine farm. By this letter, the Owner certifies that the following crops will be planted or sprigged within 180 days of the stocking date of the farm. Stocking Date: 9/y/9f _Barley ✓Rye ✓Bermuda Grass (Graze/Hay/Pasture) _Small Grain (Graze/Hay) _Corn (Grain/Silage) _Sorghum _Cotton _Wheat _Fescue (Graze/Hay/Pasture) _Oats �Other(Explain) The lagoon effluent will be applied to the crops Iisted above by Center Pivot Irrigation (Installed/Not Installed) Solid Set Irrigation (Installed/Not Installed) Traveling Gun/Reel Irrigation (Owned/Not Owned) Third Party Applicator ,,"Other (Explain) Morvrsc GW.� Name of Technical Specialist: M. Kevin Weston Signature: a%' 7✓ Dater/Z9- Name of Land Owner. Murphy Family Farms cc: Murphy Family Farms Kim Patram, Murphy Family Farms Construction Department Post. Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400 - -State of North Carolina Department of Environment, Health and.Natural Resources 4 • • Division of Environmental Management James B. Hunt, Jr., Governor PI Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 23, 1994 Calvin Oates Rt 1 Box 129-D Kenansville NC 28349 Dear Mr. Oates: This is to inform you that your completed registration form required by the recently modified nondischarge rule has been received by the Division of Environmental Management (DEM), Water Quality Section. On December 10, 1992 the Environmental Management Commission adopted a water quality rule which governs animal waste management systems. The goal of the rule is for animal operations to be managed such that animal waste is not discharged to surface waters of the state_ The rule allows animal waste systems to be "deemed permitted" if certain minimum criteria are met (15A NCAC 2H .0217). By submitting this registration you have met one of the criteria for being deemed permitted. We would like to remind you that existing feedlots which meet the size thresholds listed in the rule, and any new or expanded feedlots constructed between February 1, 1993 and December 31, 1993 must submit a signed certifications form (copy enclosed) to DEM by December 31. 1997. New or expanded feedlots constructed after December 31, 1993 must obtain signed certif cation before animals are stocked g,n the farm. Certification of an approved animal waste management plan can be obtained after the Soil and Water Conservation Commission adopts rules Iater this year. - We appreciate you providing us with this information. If you have any question about the new nondischarge rule, please contact David Harding at (919) 733-5083. Sincerely, a Steve Tedder, Chief Water Quality Section P.O. Box 29535, Raleigh, North Carolina 27626-o535 Telephone 919-733-7015 FAX 919-733-2496 An Equal OpporiuNty Affirmative Action Employer 50% recycled/ 10% post -consumer paper Operator:BATCHLOR SOW FARM County: DUPLIN �• / Date: 10/12/94 Distance to nearest residence (other than owner): 0.0 feet 1. AVERAGE LIVE WEIGHT (ALW) 0 sows (farrow to finish) x 1417 lbs. - 0 lbs 0 sows (farrow to feeder) x 522 lbs. = 0 lbs 0 head [ 1 x 135 lbs. - 0 lbs 1100 sows farrow to wean) x 433 lbs. = 476300 lbs head (wean to fee er x 30 lbs. = 0 lbs Describe other : 0 Total Average Live Weight = A76300 lbs 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON a Volume = 476300 lbs. ALW x Treatment Volume(CF)/lb. ALW Treatment Volume(CF)/lb. ALW = 1 CF/lb. ALW Volume = 476300 cubic feet 3. STORAGE VOLUME'FOR SLUDGE ACCUMULATION Volume = 0.0 cubic feet j 4. TOTAL DESIGNED -VOLUME Inside top length (feet) -------------- ------ 325.0 Inside top width (feet) ---------------------- 325.0 Top of dike elevation (feet)----------------- 102.7 Bottom of lagoon elevation (feet)------------ 92.7 Freeboard ( feet) ------------------------------- 1.0 Side slopes (inside lagoon)-------------------- 3.0 : 1 Total design volume using prismoidal formula SS/END1 SS/END2 SS/SIDE1 SS/SIDE2 LENGTH WIDTH DEPTH I 3.0 3_0 3.0 3_0 319.0 319.0 9.0 AREA OF TOP LENGTH * WIDTH = 319.0 319.0 AREA OF BOTTOM LENGTH * WIDTH = 265.0 265.0 101761 (AREA OF TOP) 70225 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 292.0 292.0 34.1056 (AREA OF MIDSECTION * 4) CU. FT. = [AREA TOP + (4*AREAt._MIDSECTION) + AREA -.BOTTOM] 101761. 0 341056. 0, . ,_,,,,, 70225.0 ,,9 ax- �3��;�+�'i�;✓4, � a %±i "„''.�=y �'"� ;:YES- 4 .+ =lid-�� a►.:j ... � . r.. �2; r; .. . s.-, _ � , �,. • _ DEPTH Department of Environment, Health and Natural Division of Environmental Management Water Quality Section e it ces Of 1093 If the animal waste management system for your feedlot o ratXo: is designed to serve more than or equal to 100 head of cat'` horses, 250 swine, 1,000 sheep, or'30,000 birds that are served by a liquid waste system, then this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly. Farm Name: Batchelor Sow Farm Route 1 Box 129-D Kenansville, NC 28349 Duplin County '919-296-0107(F)/296-1690(H) Owner(s) Name: Manager(s) Name: Lessee Name: Farm Location (Be as specific as possible: road names,, direction, milepost, etc.) : From -Kenansville, take NC 11/903 N 4.0 �Ps v) Ic 4` V r rn f e f -r p r- /_.�--/ ' miles; turn Lt. at Wesley chapel onto SR - 1516 (Wesley Chapel Rd); go 0.7 mile, farm sign post on Lt.; follow dirt farm road for 1.0 mile to farm. (T`--26 min.; TD=20 miles.) Latitude/Longitude if known: QBSP # 16-133-20-25 Design capacity of animal waste management system (Number and type of confined animal (s) : 1 Coo 4 O(,j EL,r a -`t`o e er ti Average animal population on the farm (Number and typeof animal (s) raised) : ) 0 ?- O Stn w 5 larrvw - h - -(,e��ir` Year Production Began: } ASCS Tract No.: i 3 -a 13 Type of- Waste. Management. System Used: .anaet-obic- lCgknor\ wt-Aln Solkj S-ef_ irf�CaQ7�Ul1 SYStefy) _ _Lj Acres Available for Land Application of Waste: �[a owners) Signature(s)Date: % - - - - -.�JL+ _� Date : (Jane Mitchell, Serviceman) Plan Amendment to Include S&WCC Chronic Rainfall Practices and Standards through March 31, 2000 i If this facility can comply with its existing permit and CAWMP it must do so. 2 Temporaty Addition of New Sprayfields (') (Check appropiate boxes.) 0 A - acres of cropland.CEs crt op a used: [] B. acres of hardwood woodland @ 100 lbs PAN / acre added. 0 C. acres of pine woodland added @ 60 lbs PAN / acre added. 3 Summer Perennial Grass (Check appropriate box.) [*] A. " Application window extended for 46.03 acres of perennial grass until first killing frost [] B. An additional 50 lbs of PAN applied to acres of perennial grass prior to killing frost 4 PAN application Increased for Small! Grains & Winter Grasses to be harvested. (Check appropriate box.) A. PAN application increased up to 200 lbs per acre for 46.03 acres of small grains or winter grasses to be harvested. 0 B. PAN application increased up to 150 lbs per arse for acres of overseeded summer perennial included in 3.B, 5 Waste Analysis (Check appropriate box.) 0 A. Prior to December 1st, 1999 the calculation of PAN will be based on a 35% reduction of the last analysis taken prior to the first 25 year 24 hour storm event. (Current waste analysis must be used after Dec. 1 st.) B. Use current waste analysis to determine PAN. -a 6 RgQui red - Maximum Nitrogen Utilization Measures for Small Grains and Winter Grasses. A. Use of higher seeding rates, B. Timely harvest of forage to increase yield, and C. Irrigation during periods of warmer weather. 7 Required - irrigation Management Techniques to Reduce Runoff and Ponding Potential. A. Making frequent, fight irrigation applications, and B. Not irrigation immediately before predicted rainfall 6 The owner / manager is required to manage the movement of animals to and from the facility to minimize environmental impacts, ensure compliance with the facility's permit and amended CAWMP, and avoid discharge to surface waters. 9 Authorization to use the additional practices included in the amendment expires if a facility discharges to surface waters. Any discharge is a violation and may result in an enforcement action. 10 The owner / operator is required to keep records of all waste applications. 11 This revision must include a map or sketch of new land application areas. Facility Number 31 - 563 Batchelor Facility Name Morph ,amily Farms Kral Westerbeek Facility Own / anage e R T ethnical S ialis me Facility Owner / Manager Si ture z )ie�chnial peciaiist Signature Date 11/11/99 l Date ' 11/11/99 This document must be filed at the SWCD officd and be attached to the facilities CAWMP and be available for inspection at the facility (') New temporary sprayfields must meet applicable buffer and setback requirements. Waste must not be applied to wetlands" State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose Hill NC 28458 Dear Murphy Family Farms: 1 0 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 31-563 Duplin County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY], DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerel , Kerr T. Stevens, Director Division of Water Quality cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Revised April 20, 1999. JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number 3� - Farm Name: S� On -Site Representative:` iL Inspector/Reviewer's Name: Date of site visit: Date of most recent WUP: Operation is flagged for a wettable acre determination due to failure of Part ll eligibility item(s) F1 F2 F3 F4 JOperation not required to secure WA determination at this ti a based on exemption E1 E2 E E4 Operation pended for wettable acre - rn determination based on Pl P2 P3 Annual farm PAN deficit: pounds Irrigation Systems) - circle#hard-hose traveler, 2. center. -pivot system; 3. Iinear--move system;' 4. stationary sprinkler system w/permanent pipe; 5. stationary sprinkler system w/portable pipe; fi. stationary gun system w/permanent pipe; 7. stationary gun system w/portable pipe PART I. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.) El Adequate irrigation design, including map depicting wettable acres, is complete - and signed by an I or PE. E2 Adequate D, and D2/D3 irrigation operating parameter sheets, including map - f depicting wettable acres, is.complete and signed by an I or PE. V E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. E4 75% rule exemption as verified in Part Ill. (NOTE:75 % exemption cannot be applied to farms that fail the eligibility checklist in Part 11. Complete eligibility checklist, Part 11--Fl F2 F3, before completing computational table in Part 111). PART If. 75% Rule .EligibilityChecklist and .Documentation of WA Determination Requirements. _WA Determination .required -because_operation .fails une of.the .eligibility requirements listed ]below: _ F1 Lack .of:acreagewhich -resulted in:Dverapplicationzf-wastewater--.(PAN) on:spray_ field(s):2ccordingfofarm'siasttwo years:Df�rrigation-xecords.-. F2 Unclear,:iIlegibie,-or lack of -information/map. _ F3 Obviousfieldiimitations-(numerous:ditches;failurefo:deductlequired_-_ buffer/setback�creage;mr25%':oftotal-acreageddentified in AWitllP=includes _ `: small ,-irregularly-shapedfelds�-fields:less7than�mcresfor#ravelersmr_less- han 2 acresfor.-stationary-sprinklers). F4 WA determination required because CAWMP credits field(s)'s acreage -in excess of 75% of the respective field's total acreage as noted in table in Part 111. Revised April 20, 1999 Facility Number _- Part Ill. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT FIELD TYPE of TOTAL CAWMP FIELD COMMENTS NUMBER NUMBEW-2 IRRIGATION ACRES ACRES % SYSTEM I I ! E ! I I I ! FIELD NUMBER' hydrant, yell. zone, or:point numbers maybe used in place of field numbers deoendino on CAWMP and type of irrication system. If pulls, etc. cross more -than one field, .inspector/reviewer will have to combine fields to calculate 75% leld by field determination for exemption; -otherwise_ operation will be subject to WA determination. FIELD NUMSER2 - must be clearly defineated 66Yma_p. COMMENTS' -back-up fields with CAWMP acFea9emxceeding75% of its total:acres and having -received less than 50% of its annual PAN as documented in the farm'sprevious-Awo years' (1997 & 1998) of irrioaiionTecords,-cannot serve -as -the sole basis -for -requiring a WA Determination. -:-Back-up fields -must -be -noted in the -commentzection-and musfbe accessible by irrigation system_ Part IV. Pending WA Determinations P1 Plan lacks .followinginformation : P2 Plan -revision -may:satisfy-75% rule based on adequate overall PAN deficit -and by adjusting -all field acreage--to-below 75% use -rate P3 Other (ie/in process of installing new irrigation system): :gin P :-E- M RPHY FAMILY FARMS July 15, 1998 NCDENR - DWQ 127 North Cardinal Dr. Wilmington, N.C. 28405 Subject: Notice of Deficiency at Batchelor F 31-563 Dear Wrenn: JUL 1 71998 Murphy Family Farm's staff Technical Specialist Kevin Weston revised the Nutrient Utilization Plan (NUP) for Batchelor on June 4, 1998, but had not yet left a copy on the farm because he was awaiting the results of some in-house surveying. I am enclosing a copy of the updated NUP that includes all current spray fields. All spray records will coincide with this plan's stipulations. If you have any questions, please call John Bizic at 910-289-6439. Sincerely, John Bizi Land & Nutrient Manager JB/mt GAMMIREN.DOC attachment cc: Harold Jones Sandra Weitzel Garth Boyd Robert L. Matthews State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality July 6, 1998 Certiifled MaB # Z 312 648 152 Return Receipl Requested Mr. John Bizic . Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose Hill, North Carolina 28458 Cox mi f NCDENR NoF" C^Fm uN^ Du-w-rmEtrr of ENVIRONMENT AND N/GIJRAL ResouRces Subject: SECOND NOTICE OF DEFICIENCY Batchelor Sow Farm Facility Number: 31-563 Duplin County Dear Mr. Bizic : On June 30, 1998, staff from the Wilmington Regional Office of the Division of Water Quality inspected you animal operation and the lagoon(s) serving this operation. It was observed that waste had been applied to fields not listed in the Waste Utilization Plan (WUP). Based on an August 26, 1997 inspection by DWQ staff, a prior Notice of Deficiency was issued for applying waste to fields that were not part of your WUP Applying waste to fields not in your WUP is a violation of your Certified Animal Waste Management Plan (CAWMP), and subsequent infractions may result in a Notice of Violation and include a civil penalty. All fields on which waste is to be applied must be listed in the CAWMP. Waste application to the fields not in the WUP should be discontinued until the situation can be corrected. In addition, the correct PAN loading rate for the small grain overseed should be used when calculating the nitrogen balances in the spray records. We suggest that you contact your service company, local NRCS or Soil and Water District office for any assistance they may be able to provide to correct the situation. To remain a deemed permitted facility, you must notify this office in writing within seven (7) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status, requiring it to obtain an individual non discharge permit. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 9I0-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Bizic July 6, 1998 Page 2. Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Department of Environment, Health and Natural Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation. When the required corrective actions are complete, please notify this office in writing at the address below. If you have any questions concerning this matter, please call David Holsinger or Brian Wrenn at 910-395-3900. Sincerely, _ f ] Brian L. Wrenn Environmental Specialist cc: Harold Jones, County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Dr. Garth Boyd, Murphy Family Farms ' Operations Branch Wilmington Files S. IWQS1BRIANWIDEF981D UPLIM3I-563-2.DEF Producer: MWRPH•t FAMILY Ft?-hs - '8A'TC-NeLo;z FARM Location: +-'t-i- I 36x 12R -D Jeeu..Hs�+«E , N[ ZZ3y9 fK ,v4' Telephone: (4ec 296 - 61 e7 Type Operation: Fq xxaw - l c1eAAt Numb e; of Animals: Z o 3 s (Desig. Capacity) The waste from your animal facility must be land applied at a specified rate ro prevent p oLiudon of sarface and/or groundwater. The plant nutrients in the animal waste should be us--d to reduce the amount of commercial fera�izer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitro zm as the limhmg nu";ent_ Waste should be ana vzed before each application cycle. Annual z_01-1 tests are =onely encouraged so tat all plant nutrients can be balanced for realistic :ields or the LT-ap _o be mown. S e_ al factors are imporazit in inmlementing your waste utliratzon plan in order to ---, ire the ferahzer value of the waste and to ensure that it is applied in a ew,&i onmentally safe manner, Always apply waste based on the needs of the :.;op to be Sr0Vv3 and the nument conteat of the waste. Do not apply more nitrogea tYan the crop cah tit':;ize. Sod types are i=ortant as they have different infiltration rates, leac=3 z tloziam:4- is, cation exchange capacities, andavailablewater holding capacities. -Normally w-as-,e shall ttot be applied to land eroding at greater than 45 tons per acre pe: vest. With s-aeciai precautions, waste maybe applied to land a.od as at up to 10 tons per acre per yea_. Do not apply waste on saturated soils, when it is ramming, or when the sar=-ace is frozem Either of these conditions may result in runoffto surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift aad dowuwind odor problems. To maxartzize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a gowing crop or appLed to bare ground not more thazi 30 days prior to planting- bajecring the wale or C=-K;-_g will conserve numents and reduce odor problems. The es-,;—..ated acres needed to apply the animal Lease is based on typical nun;. mt content for this rLpe of facility. Acreage requirements should be based on the was.- analysis rep or, from your waste rsauaaement facility. Attached you will find information on propel sazripling techniques, preparation, and transfer ofwase samples to the lab for a:-, ad sis. This w.•aste utilization plan, if carried out, meets'the requirements for co=haace with 15A 14'CAC 2H.0217 adopted by the Environmental ivta.nagenaent Commission. Amount of Waste Produced Per Yeartzallons fE ton_s etc_ ZD 3 S auimal,S Xb 12(aM waste/animai/year =1Z 393 ( ) wastelyear, Amount of Plant Available Nitrogen (PAN) Produced Per. Year za 3 f anm�ais X S_Y Is. P 4N/anima Vyear = La gQ 9 lbs.. PAN/year. (PAN from N. C. TeclL Guide Std. 633) Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely -manner. b 7-he following acreage will be needed for waste application based on the crop to be grown and StifIce application: 1 aaiz 1: ACRES OWNED BY PRODUCER Trac: Feld Soiii Crop Lbs. N Acres Lbs. N -M01-I h of No. T ve Per Ac. * Utilized Amobcation T 1 I I I F A �" 30o I Z8.,F1 I F& 3 IAUR,. -&r. T1 I Z I a -F-A Z?. S I /o. y l z994 ILUK" -6,-r. I I I I I I 1 I I I ! ! I I T'f F&A - A,,T3 39, z Y i 3 q a Y I 1'r-r4?,zr< I ! 1 I I 1 I I ( I I 1 I I I I I I I I I ! I I I I ! 1 1 ! 1 1 I 1 I I I I Toral 1 39• ?Y 11.5�sL` I This 1u is from animal waste only. if nutrients from other soarers such as co'rrrxrCL t fertili.:.er• are applied, they must be accounted for. N must be based on realistic yield e'x ecrariorl- NOTE' The applicator is cautioned that P and K may be over applied while met--ing theN requiremcnu Beginning in 1996 the Coastal Zone Managerrzent Act will require fan -.rrs in sorrre eastern counties ofNorrh Carolina to have a nutrient rr-anagement plan that addresser all nut�-ients. Thu plan only addresses Nitrogem r.V" ..�...''.~`.�,. �.•" ..+�"�-^1.,"'�; Table Z: ACRES WITH AGREEMENT OR LONG TERIM LEASE (Agreement with adjacent Iandowner must be attached) (Required only if operator does not own adupate land (see Required Specification 21) Tract Field Soil Crop Lbs_ N Acres Lbs. N Month of No. Type Per Ac. Utffized Aupkadon I I i i I I I I I I I ! I f I f f I I I f I i I I f I I i ( I f ! f I I i f I I i I f Total I See foatrrote for Taole L Totals from above Tables Acres Lbs. N Utilized Table I 31. x q Table Z Total 39.2 If SS b Amount of N Produced is 9 �r Surplus or-ve-fcit qS 7 7 NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. 3 See arrached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Fels. Soil Type Crop Application Application N o. Rate (In%Hr) Amount DO FoA f 13AM.-ag U. S I 2 A,3 - F.A I� I AA -r � - .� Aka i � ,?,,s o. i I f I l � s =rvL LS NOT :�k-�� � :V4Sir tiOT HF�'Cr?.DPZ�.^�7 3Y L��:C-:�-ON, a wj-V .4, MC. -I xI L= � ZL BE =--) FOR DRY LT~ =- V LU.:ZRY. Yotz :aclity is designed for /8odays of temp orary storage and the temnor,1 storage :maisr be removed oa the average of once every TYiQN HS. In no -iisance should the volume of waste beiaQ stored in your structure excee- Elevation ?EA e Cail the local Natural Resources Conservation Service (formerly Soil Corsanxffon Ser-v, ce) or Soil and Watex Conservation Dist icr office afer you receive the wale analv;.; report for assir:uce in determmmg the auzounr per acre to apply au,d the proper apvLca=on rate prior to applying the waste. Narrad've of operation: ��LD! fN4t-7i /r� 'LA-J /AFLa 141?i1 ANo AcA�--4GE s ,49e 1AAI64r/1jLE . /- 7 4AC rr rtca / Ar0 o07r 6f r-//. A0W f.- rrE[D L kor o.- A- A --gel Y itt o✓Er�fEEnED N..*1v R'r }tG1+Arr Fob t�irrBd- A?Pe,avT...� 4 AT - M. - "•.�.........N..�..:,::2�'Ya:::1vC�rn"r'crk.r.......:... - r"'. ".. . REQ MED SPECIFICATIONS 1. Animalwaste shall not reach surface waters of the sate by runoff; dry manmade conveyances, direct application, or direct discharge during operation or laud application- Any discharge of waste which reaches surface water is prohioked. 2. There must be documentation is the design folder that the producer ehher owns orhas an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate laud to properly dispose of waste, hefshe shall provide a copy of as azeement with a landowner who is within a reasonable proximity, allowing him&er the use of the laud for -waste application. It is the �resa onssibility of the owner of the facility to secure an update of the Wale lititiration PIan when there is a change in the operation, increase za the number of animpis, method ofutiiizatioa, or avatUble Iand. 3. anal waste shall be applied to meet, but not exceed, the nitrogen-nmis orrealistic crop yields based on soil type, available moisture, historical data, cE=-,zc conahions, a.nd level of management. unless there are resularions that restrict the r_:e o aoo.;catioa for other ut 4 eats. V 4_ Anizmal waste shall be applied to land eroding less than 5 tons per W ace may be applied to land that is eroding at S or more tons, but less Linan 10 tons p =- awe per year proyiag *ass ffer strips are ssalled where runoz leaves the field_ (S ee FOTG Standard :93 - Finer Strip). 5. Odors can be reduced by injecting the waste or di skin g after waste appika=on. Waste suould not be applied.�itea there is danger of dries from the irrigation yesd 6_ Z"v Bien animal waste is to be applied on acres subje- to riooding, it with be sots iucorn orated on cone-ndonallytilled cropland. When applied to copse -nation tined crops or grassland, the waste maybe broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in Nora Carol.ina" for guidance.) 7_ Liquid waste shall be applied at rates not to exceed the sod infiltration rate suci that r,Woii does not occur o=e or to surface waters acid ia a method which does not caLse drift from the site duzina application.. No poadi:ag should occur is orde_, to control odor or flies. S. rti waste shall aot be applied to saturated soils, during rainfall events, or when the st_;Lce is frozen. REQUIRED SPECIFICATIONS (continued) 9. Animal waste shall be applied on actively growing crops in such a mahaer that the crop is not covered with waste to a depth that would inhibit growth. The poteatialfor salt damage from animal waste should also be considered. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential, for leaching. Waste nutrient loading rates on these sous should be held to a minimum and a suitable winter cover crop planted to take up rel=,sed nutrients. Waste shall not be applied more than :3 0 days prior to planting of the crop --or forages breaking dormancy. 11. Anv new swine fac7ity sited on or after October 1,.1995 shall comply wrh -dte following: Mae outer perimeter of the land area onto which waste is applied Tom a lazoon that is a comonmt of a swine farm shall be ar least 50 feet from =,, residential property boundary anduom any perennial seam or river (other than as —=I i rion d=ch or canal wage other than swhae wale mom facilities sited on or a:re< Oc-cober 1, 1995), s 21 not be applied closer than 25 fee: to perennial watW. (See Standard 393 - FI-er. Sys). 12. —imal waste shalt not be applied closer than 100 et to wells. 1- . -17-urinal waste shall aot be applied closer than 200 Peer of dwellings other th—:r: those owned by the landowz—.- lzt. Waste shall be apuded in a manner not to reach ozaer property and public ,ri.Lzr-off 'rays. 15. Animal waste shall not be discharged into surface waters, dram.a4eways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "tNhnical specialist". Animal wale shallnot be applied on was ed waterways that discaarge directly into water courses, and on other grassed warer xays, waste shall be applied at a g onomic rates in a manner that causes no runoffor drift from the site. 16. Domestic and indusu.al waste from washdowa fat ilixties, showers, toilets, sue, etc., -:nail not be discharged into the animal waste management sysem REQ=D SPECFiCATIONS (continued) IS- If animal production at the facility is to be suspended or terminated, the owner is responsible for obrainin; and implementing a "closure plan" whichAU- diabate the possibility of an Megai discharge, poRudon and erosion. 19. Waste handling structures, piping, pumps, reels, erc., should be inspected on aregalar bass to prevent breakdowns, leaks, and spflls. A regaiar maintenance checkshould b e kept on site. 20. An3mai waste can be used in a rotation that includes vegetables and oth- cvnshr direct human consu=don. However, if animal waste is used on crops for direct hu=am consumption ltshould only be applied preplant with no further appEcations of animal waste dutm; dhe crop season. 21. 1Ugh1y visible markers _hail be installed to mark the top and bottom eia:ations of the tenororary storage (pumping volume) of all waste =eatment lagoons. P—=Mg shall be managed to maintain the Hauid level between the =arlk- A mare: wid be required to mar the maxiraum storage volume for wale storage pones. 22. Wasre shall be tested 69 days of uOization and soil shall be tes:d at le= a=uaily at crop sites wne;e waste products are applied_ Nzffogen shi be the rate_ ee.e-�rTis�n,g element T.mc and copper levels in the soils shall be monaored and alre;uative crop sizes shall be used when these meras approach excessi,•e leItIS. pH shad be adjusted for optimum crop production and ==tained. Sod and war-z: aaa?ysis records shall be kept for five years. Poult� r dry waste application rw:ords szall be maintained for three (3) years. Was;.e application records for ad otter wee wall be maintained for five (5) years. 23. Dead animals will be disposed of in a matnzer that melts North Carolinz :-Mllstions. W WASTE UTII,LZATTON PLAN AGREEMENT ,Name of Farm: 8 T G 1f L0 +Z ��q Owner/Manager ,4greement I (we) understand and will follow and implement the sp eccification and the opa-xdon and maintenance procedures established i a the approved animal waste utilization plan for the farm named above. I (we) ]mow that any expansion to the existing design capacity ofthe was"re treatment and storage system or constriction of new facilities will rewire anew cerdEcation to be submitted to the Division of Environment Managemeat (DEM) before the new animals are stocked- I (we) also understand that there must be no urge of ar�innaI waste from this system to surface wasters of the state from a storm e-,rent less severe than the 25-year, 24--hour storm The approved plan will, be filed on-sse at the far= office and at the oats of the local Soil and Water Conservation Dis�-r Md will be ava fable for review by DEM upon reques_ Name of Facility Owner: AI LAzpK-1 FA rAI L-r FAQf-5 Si=a=.,-e: Date: f-1 / 1 Name of J. Ler(If di&.nmt from owner): S i=arLL:re: Date: Name of Technical Speriaiisz (Pleaseprinr)rh�t. ,��y�na l~l� sro.� AH*I Lion: MLArt?Ny FAm.L-`r FiXmS Aadz,ess (Ageacy). '?o . &,. 7S ?- P- �oSe 14,1.L AIC z F ys? Sias tie 1•i,-- Gc%j Date: y/9� NUH I H UAHULINA Department of Environmental Qual Water Resources ENVIPONMENl'nL QUAL�7Y TGB Farms, LLC Legacy 2 Farm 753 South Horsepen Road Harrells, NC 28444 Dear TGB Farms, LLC: PAT MCCRORY Guverao:' R MeftNk1r bLDER V A A R T .iecTefGr' S. JAY ZIMMERMAN AUG 2 9 2.016 August 26, 2016 is ecror Water Quality Regional Wil, Operations Section Regional Office Subject: Certificate of Coverage No. AWS310563 Legacy 2 Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County In accordance with your Notification of Change of Ownership received August 19, 2016, we are hereby forwarding to you this Certificate of Coverage (COC) issued to TGB Farms, LLC, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000, This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for Legacy 2 Farm, located in Duplin County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish: Boar/Stud: Wean to Feeder: Farrow to Wean: 2,035 Gilts: Farrow to Finish: Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. This COC shall be effective from the date of issuance until September 30, 2019, and shall hereby void Certificate of Coverage Number AWS310563 dated October 1, 2014. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please read this COC and the enclosed State General Permit carefully. Please pgy careful attention to the record keeping and monitoring conditions in this permit. Record keeping forms are unchanged with this General Permit. Please continue to use the same record keeping forms. If your Waste Utilization Plan (V UP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. State of North Carolina l Environmontal Quality I Water Resources 1636 Mail service Center I Raleigh, North Carolina 27699.1636 919 807 6464 The issuance; of4his COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federaI), nor does issuance of a COC to operate under this -permit convey any property rights in either real or personal property. Per NRCS standards a 100-foot 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 terns and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to . apply for an individual permit by contacting the Animal Feeding Operations Program for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition II.22 of the General Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Newport/Morehead City, NC National Weather Service office at (252) 223-5737, or by visiting their website at: hqp://www.weather.g This facility is located in a county covered by our Wilmington Regional Office. The Regional Office staff may be reached at 910-796-7215. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Program staff at (919) 707-9000. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources Enclosure (General Permit AWG100000) cc: (Certificate of Coverage only for all ccs) r Wilmington' Regional Office, Water Quality Regional Operations Section Duplin County Health Department Duplin County Soil and Water Conservation District WQROS Central Files (Permit No. AWS310563) Smithfield Hog Production NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 22, 2015 CERTIFIED MAIL 7010 0290 0003 0833 9687 RETURN RECEIPT REQUESTED Kraig Westerbeek, Vice President Murphy -Brown LLC PO Box 856 Warsaw NC 28398-0856 Subject: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY NOV Tracking Number: NOV-2014-DV-0228 Incident No. 201401619 Permit No. AWS310563 Batchelor Sow Farm Duplin County Dear Mr Westerbeek: A review has been conducted of the self reported animal wastewater spill incident that occurred at the subjectfacility on September 19, 2014 and documentation submitted to our office followingthe incident. The Division's Wilmington Regional Office concludes that the Murphy -Brown LLC committed thefollowing violations associated with the subject incident: 1. Permit Condition 1 (1) by failing to effectively manage, maintain, and operate their wastewater system so that there is no discharge to wetlands or surface waters; subject incident constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1) for which a permit is required by G.S. 143-215.1. 2. Permit Condition 111 (15) per G.S. 143-215.1(C) by failing to properly issue a press release within 48 hours a discharge of at least 1,000 gallons to wetlands or surface waters of the State. 3. Permit Condition 111(16) per G.S. 143-215.1(C) by failing to properly publish a public notice for a discharge of at least 15,000 gallons to wetlands or surface waters of the State and provide proof of publication to the Division within 30 days after publication. 4. Permit Condition 111 (9) (f) by failing to sample within 72 hours and/or provide sample results for the listed parameters to the Division within 30 days. t; The Wilmington Regional Office is providing the Murphy -Brown LLC an opportunity to provide evidence and .:`justification as to why the Murphy -Brown LLC should not be assessed a civil penalty for the violations that are summarized above. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.ncdenr.a£ov An Equal Opportunity \ Affirmative Action Employer —Made in part by recycled paper N OV-2014-DV-028<<CASE_N U M B E R)) January 22, 2015 Page 2 of 2 Please submit a written response and any additional documentation about this incident within 10 business days following receipt of this violation. The submittal will be reviewed to determine if a civil penalty assessment by the Division's Regional Office is warranted. If you should have any questions, please do not hesitate to contact me or Dean Hunkele with the Water Quality Section at (910) 796-7215 or via email at Dean. Hunkele@ncdenr.eov. Sincerely, , 1 For S. ay Zimmerman, Acting Director Division of Water Resources, NCDENR by lames H. Gregson Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Cc: WIRO — WQS File (Hunkele) Central Files, Water Quality Section ;r Permit Number AWG1.00000 S Fecal coliform bacteria 9LS Five-day biochemical oxygen demand (BOD5) j S Total suspended solids �L(3 Total phosphorous Ammonia nitrogen (NH3-N) KN) �f� — Total Kjeldahl nitrogen (T Nitrate nitrogen {403-N) Monitoring results must be submitted to the Division within thirty (30) days of the discharge event. 10. In accordance with 15A NCAC 02T .0108(c), the Division may require 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_ 11. A copy of this General Permit, the facility's COC, certification forms, lessee and landowner agreements, the CAWMP and copies of all records required by this General Permit and the facility's CAWMP shall be maintained by the Permittee in chronological and legible form for three (3) 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. 12. 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, and shall be made available to the public by the Division as specified in Chapter 132 of the General Statutes. 13. 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: 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. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment or human safety or health. 9 March 7, 2014 Permit Number AWGI00000 4. 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 G.S. § 143-215.1 OC(e)(6). As of the effective date of this General Permit, the Statute requires that the analysis be conducted at least once every three years. 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 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. 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 of waste transferred. 8. . The Permittee must maintain monthly stocking records for the facility and make the records available to the Departrnent. 9. 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. 13. 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. 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. 5. above. f_ A waste sample, obtained within seventy-two (72) hours following first knowledge of the discharge to surface waters or wetlands, from the source lagoon/storage pond, shall be analyzed for the following minimum parameters: 8 March 7, 2014 U.S. Postal Service.,, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ' For delivery information .i! -A OFFICIAL visit our website at www.usps.comn �... i A . • P5 Form 3800. August 2006 See Reverse for Instructions ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece. or on the front if space permits. 1. Art C .^,,4ddressed to: A. ]ig�X❑Agent ❑ Addressee B..Rqce1v0 by arse) of {i 'M'n'F1V D. Is delivery 'address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. service Type Certified Malls Q Ariority Mail Express? ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Trarrster from serfte faben I 7 010 0290 0003 0633 9 6 8 7 i r PS Form 3811, July 2013 Domestic Return Receipt Murphy- B 1 QwnLLC PO Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 Fax:910-293-6957 January 29, 2015 S. Jay Zimmerman Acting Director E C F� g� Division of Water Resources, NCDENR d FEB a 4 127 Cardinal Drive Extension il L►-'"^is Wilmington, NC 28405 p BY.- Dear Mr. Zimmerman, In response to the Notice of Violation issued to the Batchelor Farm, Permit No. AWS310563, in Duplin County on January 22, 2015, and your request for further information, please consider the following as you determine civil penalty assessments in this matter. Murphy -Brown LLC regrets the violation that occurred on September 19, 2014 and has done everything in its power to both immediately mitigate the impact of the discharge on downstream waters, and to put into place additional safeguards to prevent a similar situation from re -occurring in the future. Specific to each alleged violation, please see our response to each below: 1. Permit Condition 1(1) - Failure to effectively manage, maintain, and operate the wastewater system to prevent discharge. Murphy -Brown LLC does not dispute any of the facts with regards to the occurrence of the discharge, as demonstrated by the self -reporting of the event to Regional Staff as required by permit. A complete description of the event that occurred and actions taken was submitted to the Division by Mr. Michael Norris in a letter dated September 23, 2014. I have attached this letter for your further review. In addition to this letter, Murphy -Brown LLC submitted additional information with regards to the volume of the spill on October 2, 2014 to Mr. Dean Hunkele prepared by Mr. Dave Elkin, P.E. In these communications, Murphy -Brown LLC provided its confident opinion that the spill volume was less than 15,000 gallons leaving the property based on engineering calculations, freeboard level change, and general site observations made during the remediation efforts. Despite this, Murphy -Brown LLC determined the best course of action to be to complete the notification process as requested by Mr. Hunkele and the Division. The fact of the matter was that the spill occurred and we wanted to focus our efforts on complete remediation and preventing any potential environmental impacts downstream versus being argumentative on volumes. I think it is important to note for the record that we were very pleased with our remediation efforts. Due to the quick response of our environmental staff, we were able to contain the spill at the headwaters of an adjacent pond and isolate it from impacting the pond itself. Once isolated, we contacted our neighbors and worked closely with them to gain their consent to begin recovery. Environmental staff spent over 140 man hours recovering not only the discharged volume, but the entire volume of water contained in this headwater area. The cost of these efforts was not the most important factor when compared to the effect of protecting downstream waters, but we conservatively estimate the cost of our remediation efforts at $9,816. We feel very confident that we were able to recover all of the discharged material and land apply it to surrounding crop land. 2. Permit Condition III (15) — Failure to properly issue a press release within 48 hours of a discharge of at least 1000 gallons Murphy -Brown LLC issued the attached press release on Monday, September 22, 2014 by FAX transmittal to the only print media outlet providing general coverage in Duplin County, the Duplin Times, and WEGG radio, the only electronic news media outlet in Duplin County. The FAX notice was received by the Duplin Times, but repeated attempts to send it to the radio station failed. Copies of the FAX notices are available for your review if necessary. In this case, the 48 hour notice period ended on Sunday and, therefore, our Monday press release was beyond the 48 hour time period. 3. Permit Condition I1I (16) —Failure to properly publish a public notice for a discharge of at least 15,000 gallons and provide proof of publication within 30 days after publication. On Friday, October 3, 2014, Murphy -Brown purchased a paid advertisement for publication in the Duplin Times. This was within 10 days of being advised by Mr. Dean Hunkele by email on September 30, 2014 at 1:25pm that Duplin County was the only required county for publication. I have attached a copy of the paid advertisement that ran in the Duplin Times. With regards to providing proof of publication, email and verbal communication with the Division left us with the impression that the Division was aware of our Public Notice. No formal written proof was communicated by Murphy -Brown to the Division. We apologize for this administrative error but have copies of both the Public Notice and Press Release in our farm files for review as necessary. 4. Permit Condition ID (9) (f) — Failure to sample within 72 hours and/or provide sample results for the listed parameters to the Division within 30 days. Murphy -Brown LLC did not sample the lagoon as stipulated in the permit for this event. I have attached sample results for samples taken on September 19, 2014 in the ditch near the point of discharge that were used to calculate Nitrogen loading for land application occurring during remediation efforts, and of both lagoons on the Batchelor Farm taken on September 18, 2014. These are NCDA samples and do not contain all of the required parameters found in the permit. Fortunately, it has been some time since we had a spill occur on a Murphy -Brown farm. Unfortunately, this led to an oversight in not testing for all parameters as required. In terms of overall follow up this event, Murphy -Brown LLC used this event and the lessons learned to not only make modifications to our management system at this farm, but all others in our system as well. The Batchelor Farm had secondary containment constructed several years ago that was engineered to capture any discharge that would occur as a result of a recycle system failure like the one that occurred on September 19'. The secondary containments on this and all other farms are managed daily by the farm managers to provide protection against discharges. In this particular case, road grading activities had changed the direction of water flow away from this most northern cleanout from the designed flow path, and away from the containment area. This situation was remedied on the Batchelor Farm on September 22, 2014. In addition, an Objective and Target was created in the Murphy -Brown LLC Environmental Management System to evaluate all farms for possible by-passing of secondary containments. This process is ongoing but has been completed throughout much of our system. In addition, all environmental employees have been re-trained on discharge sampling procedures to insure that we collect the proper samples should this occur in the future. Murphy -Brown LLC appreciates the opportunity to provide additional information to the Division on this matter. This was an unfortunate incident, but we feel we have done everything in our power to mitigate any potential impact to downstream waters from this particular event, and have used the lessons learned to improve our entire operation. We appreciate the help your staff has provided in this effort. If there are further questions or concerns, please feel free to contact me at (910) 293 5330 or by email at kraigwesterbeekkmurphybrownllc.com. Westerbeek ❑vironment and Engineering i�' y rphpBrownu. W Box 856 lrlulr■n Warsaw, NC 28398 Murphy Brown East September 23, 2014 Mr. Kevin Rowland NCDENR — Division of Water Resources 127 Cardinal Drive Extension Wilmington NC 28405 RE: Batchelor Farm Facility # 31-563 Accidental Discharge 9/19/14 Dear Mr. Rowland, This letter is the follow up to an accidental discharge on the Batchelor far} reported to Dean Hunkley with DWR on September 19th. The sequence of events on Friday 9/19/14 is: 1) The farm personnel found a discharge from the recycle system upon arrival to work on the morning of September 19th. The farm staff shut down the recycle system and notified the LNM technician to respond to the accidental discharge_ The combined group effort focused on total containment of the flow and notification of management 2) The complex manager notified the LNM specialist and LNM Director of the spill. The remediation efforts were immediately initiated, which included bringing in heavy equipment to effectively contain and recover the effluent. 3) After inspecting the site to ensure that all effluent was contained and that the cleanup procedures were in place, I contacted Dean Hunkley with DWR to report the spill. 4) Remediabon included pumping the effluent onto the neighbor's crop fields and Murphy Brown's coastal fields. Cleanup carried on throughout Friday, Saturday and was completed Sunday afternoon. Containment dams in the ditch were left in place until recovery efforts were completed and the pond dams were not removed until Tuesday afternoon 9123114. 5) The spill was contained in a secondary intermittent ditch and a small pond that is fed by Dark Branch. 6) Our LNM crew brought in trash pumps, tankers, and an Aerway system to aid in the recovery efforts. We invested over 140 man hours in efforts to recover the effluent that hit the ground. Our team applied more than 704,000 gallons through Aerway application, 24,000 with a tanker, and 102,000 with trash pumps at a cost of $9,816. 7) Root Cause: A previously repaired joint in the recycle line gave way because the wrong process was used to make the repair causing it to come apart. The effluent flowed down the farm path and into a drain pipe that dumped into the road side ditch. Ll� • Page 2 Estimate of the discharge: January 29, 2015 1) In our estimation less than 15,000 gallons of effluent was spilled from the site. The plan to correct the problems identified from this accidental discharge are to: 1) Connect repair of the recycle line. 2) Ensure there are no other pipe joints at the site that are not correct. 3) Build up a berm along the area where the spill occurred to direct any effluent from a spill to the secondary containments at the site. a. The corrective actions above have all been completed at this time. See attached pictures for actions 1 and 3 Included with this letter is a copy of the most current waste analysis as required by the permit I have outlined what information I have available as they relate to this accidental discharge. I feel that Murphy -Brown LLC has responded in an appropriate and responsible manner to the conditions of the permit The Environmental Management System (EMS) proved its' effectiveness by providing the structure and protocol that all parties involved in the response, did so in a timely and effective manner. If I can be of any further assistance, please feel free to contact me. Sincerely, Michael Norris Environmental Resource Specialist Murphy -Brown LLC (910) 293-5575 Notice of Discharge of Animal Waste On September 19, 2014, the Bachelor swine farm (facility # AWS-031563) located at 237 Bachelor Lane, Kenansville, N.C. experienced a discharge of swine wastewater. The farm is owned by Murphy -Brown LLC. As soon as the discharge was discovered Murphy -Brown personnel notified the N.C. Department of Natural Resources Water Office. The discharge resulted from a broken pipe which is a component of the farm's nutrient management system. The volume of the discharge was estimated to be less than 15,000 gallons. The wastewater entered an unnamed tributary of Dark Branch. The Murphy -Brown emergency response plan was initiated and personnel from the company was able to contain the discharge by constructing temporary earthen dams. The company's emergency response personnel deployed pumps and other equipment to recover the discharged liquid and apply it to cropland on the farm. This notice was required by North Carolina General Statutes, Article 21, chapter 143.2215.C. NOTICE OF DISCHARGE OF UNTREATED WASTE The Batchelor Sow Farm, located at 237 Batchelor Lane, Kenansville, NC and owned by Murphy -Brown LLC, had a discharge less than 20,000 gallons of untreated wastewa- ter originating from a failed recycle line on the farm. The discharge occurred on September 19, 2014 and was dis- covered at approximately 7:15am. The wastewater entered an unnamed tributary of Dark Branch. Containment and remediation efforts began im- mediately and the incident was reported to NCDENR. The spilled wastewater was completely contained on the adja- cent property and land applied to surrounding crop land. In addition, the failed recycle line was repaired to prevent further discharges. This notice was required by North Carolina General Stat- utes Article 21 Chapter 143.215.C. For more information, please contact Don Butler at (910) 293 5328. NCDA&CS Agronomic Division Phone: (919) 733-2666 Website: www.ncagr.gov/agronomU FY15-W001871 Predictive Client: Mu h Murphy Brown LLC Advisor; �r +:';`� c/o Michael Norris AAA II*�`II Waste Report PO Box 856 Warsaw, NC 28398 Duplin County Sampled: 09/19/2014 Received: 09/25/2014 Completed: 10103/2014 Farm: Batchelor Links to Helpful Information Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mq (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Na (ppm) C (ppm) Sample ID: BAT01 Total N 0.52 14.1 10.8 3.26 4.93 2.04 0.01 7.60 0.10 0.03 12.2 Waste Code: ALF Description: Total Kjeldahl N 14.1 Farrow to Ween pH DM (%) SS (10-SS✓cm) EC (mS1cm) CCE (%) ALE(1000 gal,) C:N Lagoon Liq. Inorganic N NH4-N 6:30 Comments: NO3-N Organic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) Cl (ppm) MO (ppm) Urea Estimate of Nutrients Available for First Crop (lb 11000 gal.) Other Elements (lb 11000 gal.) Application Method N P205 K20 Ca Mg S Fe Mn Zn Cu B Iwo CI Na Ni Cd Pb At Se Li Irrigation 0.06 0.01 0.14 0.09 0.03 0.04 0.02 T 0.06 T T 0.10 Agronomist's Comments: Aaron Pettit 10/2/2014 8:44 AM VGA, r%cape- ao:-4 of C�iSCV,,,- rT ar% CT/ f 9 I(W North Carolina Reprogramming of the laboratory -information -management system that makes this report possible is being funded y` through a grant from the North Carolina Tobacco Trust Fund Commission. Thank you for using agronomic services to manage nutrients and safeguard environmental quality. y::„ s 1: 1i;l:,:l,::,�,.joj1 - Steve Troxler, Commissioner ofAjZriculture. NCDABCS Agronomic Division Phone: (919) 733-2665 Webslte: www.ncagr.gov/agronomY FY15-W001612 Y, •, Predictive f& &, ir� I u j ib I Waste Report Client: Murphy Brown LLC Advisor. CIO Michael Norris PO Box 855 Warsaw, NC 28398 Duplin County Sampled: 09I18/2014 Recalved: 09/18/2014 completed: 09/2512014 Farm: Batchelor Links to Helpful Information Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mg (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) CU (ppm) B (ppm) Na (ppm) C (ppm) Sample ID: 2016A Total N 54.4 290 48.2 66.2 35.7 0.73 0.08 0.27 0.14 0.34 125 Waste Code: ALS Description: Total Kjeldahl N 185 Swine Lagoon Liq.. Inorganic N pH DM (%) SS (10.55/cm) EC (mS✓cm) CCE (90) ALE(1000 gal.) C.,N Comments: NH4-N 7.35 NO3-N JUL 2 7 21drganc N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) Urea Se (ppm) Li (ppm) As (ppm) Cr ippm) Co (ppm) Cl (ppm) Mo (ppm) Estimate of Nutrients Available for First Crop (lb / 1000 gal.) Other Elements (lb 11000 gal.) Application Method N P205 K20 Ca Mg S Fe Mn Zn Cu B Mo Cl Na Ni Cd Pb Al Se Li Irrigation 0.77 1.04 2.90 0.40 0.55 0.30 0.01 T T T T 1.04 Agronomist's Comments: Aaron Pettit 9/24/2014 3:40 PM ,Norl h Carolina i��heia,c 1pn:IundU::nt:1.•.a�q+ Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission. l hank},oar,for using agronontir services to manage nuti ienrs and safeguard em4ronnnewal quulhy. - Stare Troxter. C rjwmissioner of.•Ixyricrdlure. NCDAACS Agronomic Division Phone: (919) 733-2666 Website: www.ncagr.gov/agronomi/ FY15-WO01612 Page 2 of 2 Sample Information Nutrient and Other Measurements Nilrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) MQ (ppm) S (ppm) Fe (ppm) M11 (ppm) ,Zn (ppm) Cu (ppm) 8 (ppm) Na (ppm) C (ppm) Sample ID: 2016b Total N 57.1 296 61.6 72.1 40.6 1.11 0.11 0.55 0,13 0,37 129 Waste Code: ALS Description: Total Kjeldahl N 252 Swine Lagoon Liq. pH DM (%) SS (10-55✓cm) EC (mS/cm) CCE (%) ALE(1000 gal.) C:N Inorganic N Comments: NH4-IV 7.38 NO3-IV JUL 212014 Organic N Ni (ppm) Cd (ppm) Pb {ppm) Al (ppm) So (ppm) L( (ppm) As (ppm) Cr (ppm) Co (ppm) Ct (ppm) MO (ppm) Urea Estimate of Nutrients Available for First Crop (lb 1 1000 gal.) Other Elements (lb 1 1000 gal.) Application Method N P20s K20 Ca Mg S Fe Mn Zn CU 8 Mo CI Na Ni Cd Pb Al Se Li Irrigation 1.05 1.09 2.96 0.51 0.60 0.34 0.01 T T T T 1.07 Understanding the Waste Report' - additional information: www.ncaor.aov/agronomi/pdffiles/uwastg,pdf & www,ng_acr.gov(agronomllpdffileslwasteguide,Pdf Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer application and preventing environmental contamination. In reading the Laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received; all other wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based on the type of waste and method of application you specify and reflect the fact that only 40-60% of the nitrogen and 70-100% of other nutrients become available within one year of application. The remainder may or may not ever become available. ` ppm = parts per million; S = siemens; mS = millisiemens; T = trace (<0.005 Ib/unit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime equivalence; pH = acidity or basicity; DM% = % dry matter [far semi -solid and solid waste samples, this value facilitates conversion of dry -basis concentrations (ppm) back to wet -basis of original sample]; C:N ratio = carbon:nitrogen ratio. Lr a � � 1B bc�_C'�Iel o r Murphy Brown .,. Murphy Brown East September 24, 2014 Morella Sanchez -King NCDENR — Division of Water Resources 127 Cardinal Drive Extension Wilmington NC 28405 RE: Batchelor Farm Facility # 31-563 Accidental Discharge 9/19/14 PO Box 856 Warsaw, NC 26398 EIEIVE SEP 2 5 2014 $Y: Dear Mr. Rowland, This letter is the follow up to an accidental discharge on the Batchelor farm reported to Dean Hunkley with DWR on September 19th. The sequence of events on Friday 9119/14 was: 1) The farm personnel found a discharge from the recycle system upon arrival to work on the morning of September 19th. The farm staff shut down the recycle system and notified the LNM technician to respond to the accidental discharge. The combined group effort focused on total containment of the flow and notification of management. 2) The complex manager notified the LNM specialist and LNM Director of the spill. The remediation efforts were immediately initiated, which included bringing in heavy equipment to effectively contain and recover the effluent. 3) After inspecting the site to ensure that all effluent was contained and that the cleanup procedures were in place, I contacted Dean Hunkley with DWR to report the spill. 4) Remediation included pumping the effluent onto the neighbor's crop fields and Murphy Brown's coastal fields. Cleanup carried on throughout Friday, Saturday and was completed Sunday afternoon. Containment dams in the ditch were left in place until recovery efforts were completed and the pond dams were not removed until Tuesday afternoon of 9/23/14. 5) The spill was contained in a secondary intermittent ditch and a small pond that is fed by Dark Branch. 6) Our LNM crew brought in trash pumps, tankers, and an Aerway system to aid in the recovery efforts. We invested over 140 man hours in efforts to recover the effluent from the discharge. Our team pumped and land applied more than 704,000 gallons through Amway application, 24,000 with a tanker, and 102,000 with trash pumps at a cost of $9,816. The vast majority of this volume was freshwater but in order to ensure removal of the swine effluent mixed in with the fresh water we took these extraordinary measures. 7) Root Cause: A previously repaired joint in the recycle line gave way because the wrong process was used to make the repair causing it to come apart. The effluent flowed down the farm path and into a drain pipe that dumped into the road side ditch. • Page 2 Estimate of the discharge: September 24, 2014 1) In our estimation less than 15,000 gallons of swine effluent was spilled from the site. The estimate is based on lagoon level observations following the discharge in comparison to previous readings, as well as on the ground estimates of effluent volumes observed. The plan to correct the problems identified from this accidental discharge are: 1) Correct repair of the recycle line. 2) Ensure there are no other pipe joints at the site that are not correct. 3) Build up a berm along the area where the spill occurred to direct effluent from any potential future spill to the secondary containments at the site. a. The corrective actions above have all been completed at this time. See attached pictures for actions 1 and 3 Included with this letter is a copy of the most current waste analysis as required by the permit. I have outlined what information I have available as they relate to this accidental discharge. I feel that Murphy -Brown LLC has responded in an appropriate and responsible manner to the conditions of the permit. The Environmental Management System (EMS) proved its' effectiveness by providing the structure and protocol that all parties involved in the response, did so in a timely and effective manner. If I can be of any further assistance, please feel free to contact me. Sincerely, A j-y Michael Norris Environmental Resource Specialist Murphy -Brown LLC (910) 293-5575 Hunkele, Dean From: Kraig Westerbeek[KraigWesterbeek@murphybrownllc.comj Sent: Friday, October 03, 2014 10:01 AM To: Hunkele, Dean; David Nordin Cc: Rowland, Kevin; Gregson, Jim; King, Morella s; Farnell, John Subject: RE: DWR Incident #: 201401619 Bachelor Sow farm spill Attachments: Batchelor Farm NOTICE OF DISCHARGE OF UNTREATED WASTE 10314.docx After conversations with John Farnell this morning relaying the results of your review of the engineering study done on the Batchelor Farm Spill, the attached Public Notice has been prepared. Please review it and provide approval prior to us moving forward. The following guidance from the rule indicates that we should publish this notice in a newspaper having general circulation in the county in which the discharge occurred ... in this case Duplin County. I believe we have agreed that no additional counties downstream from the point of discharge will be effected. The county newspaper is the Duplin Times, so we plan to pay for this Notice to appear in their publication. If this is incorrect, please let me know. While we are still very convinced that this discharge was less than 15,000 gallons to surface waters, we appreciate the time and consideration given to our calculations and estimations and your position that it could have possibly been more. Murphy -Brown has done everything in its power to remediate as completely as possible any downstream impacts, and feel we have been successful in these efforts. We try to be very transparent in our reporting and communications with your agency and respect your authority and council in these matters. in the.event of a discharge of 15,000 gallons or more of untreated wastewater to the surface waters of Lhe State; publish.a notice of :the discharge in a newspaper having general circulation in,,the county in.which.the discharge occurs and in `each county downstream from the point of discharge thai is significantly affected by the aischarge The Secretary shall determine, at the Secretary's sole discretion, which counties are significantly affected by the discharge and shall approve the form and content of the notice and the newspapers in which the notice is to be published. The notice shall be captioned "NOTICE OF DISCHARGE OF UNTREATED SEWAGE". The owner or operator shall publish the notice within 10 days after the Secretary has determined the counties that are significantly affected by the discharge and approved the form and content of the notice and the newspapers in which the notice is to be published. The owner or operator shall file a copy of the notice and proof of publication with the Department within 30 days after the notice is published. Publication of a notice of discharge under this subdivision is in addition to the requirement to issue a press release under subdivision (1) of this subsection. From: Hunkele, Dean [mailto:dean.hunkele@ncdenr.gov] Sent: Tuesday, September 30, 2014 1:25 PM To: Kraig Westerbeek; David Nordin; Michael Norris Cc: Rowland, Kevin; Gregson, Jim; King, Morella s Subject: RE: DWR Incident #: 201401619 Bachelor Sow farm spill Importance: High Hi Kraig, I was aware of what was sent and to whom, but it was not complete in its distribution. The requirement for press release (was within 48 hrs now 24 hrs as of 9-22-2014) is simply an announcement to all print & electronic media outlets having coverage in the county; it may or may not be picked up as a story by the entities you notify. The public notice is taking out the ad space in major paper with readership in the County of occurrence and upon notification by the agency to publish in downstream counties. Based on my estimated volume and specifics, then Duplin County would be sufficient for this incident. Hunkele, Dean From: King, Morelia s Sent: Tuesday, September 23, 2014 2:59 PM To: Gregson, Jim; Hunkele, Dean Subject: FW: Press Release Attachments: Notice of Discharge of Animal Waste -Bachelor Farm 9-19-2014.docx [a Morella Morelia Sanchez King morella.sanchez-kin ncdenr. ov (P)910 796 7218 From: Michael Norris fmailto:MichaelNorris(Omurphybrownllc.coml Sent: Tuesday, September 23, 2014 1:29 PM To: Rowland, Kevin Cc: King, Morelia s Subject: RE: Press Release The release was made yesterday to radio station WEGG and to Duplin Times news paper. From: Rowland, Kevin[mailto:kevin.rowland@ncdenr.gov] Sent: Tuesday, September 23, 2014 1:02 PM To: Michael Norris Cc: King, Morella s Subject: Press Release Michael, Were you able verify where and when the press release for the spill was made? Thank you for your time, Kevin Rowland Kevin Rowland Environmental Specialist II NCDENR Division of Water Resources Aquifer Protection Section Wilmington Regional Office 127 Cardinal Drive Extention Wilmington, NC 28405 kevin.rowland (&ncdenr.eov 910-796-7436 office 910-350-2004 fax 910-520-3510 cell Hunkele, Dean From: Kraig Westerbeek[KraigWesterbeek@murphybrownllc.com] Sent: Thursday, October 02, 2014 8:56 AM To: Hunkele, Dean; David Nordin; Michael Norris Cc: Rowland, Kevin; Gregson, Jim; King, Morelia s Subject: RE: DWR Incident #: 201401619 Bachelor Sow farm spill Attachments: Batchelortimeline10114.xlsx; Copy of Batchelor Recycle Model pdf (2).xlsx Dean, as requested below, I have attached the model that Dave Elkin, PE completed for the recycle system failure at the Batchelor Farm. For the benefit of all involved, his calculations assume the worst case scenario of the recycle system failure beginning at the time employees left the farm (40m) to when the incident was discovered at 7:15am the following morning. Under this worse -case scenario, it appears that the maximum would be 46,009 gallons, with a more likely number being 39,021 gallons based on normal pump wear, etc. These calculations do take into account the water that ponded and infiltrated in and around the building pad area, and what was captured prior to it leaving our property. I am sure that Dave is more than willing to discuss these calculations with you if necessary. He has indicated to me that he will seal. these calculations as requested but that was not convenient to do in electronic format as it is being distributed here. In addition to Dave's calculations, I have attached an additional spreadsheet that calculates the potential loss of water at 1 hour increments beginning at 4pm and continuing through 7:15am. We are very confident in our estimated spill volume of less than 15,000 gallons based on the lack of any discernable drop in lagoon level after the spill, and the volume of wastewater observed in the downstream drainage area. I was personally on the site during recovery efforts the day the spill was discovered and viewed the freeboard staff gauge and lagoon, as well as remediation efforts. In addition to observations of the lagoon staff gauge, it is my opinion that any spill over 15,000 gallons that would have occurred prior to 11pm would have easily made it past the two culverts that were blocked to stop the flow given the size of the drainage area and the speed of the flow of water to this location. Based on this, we feel the most likely time of the pipe failure to be between midnight at lam. We ask that DENR review the attached information and provide us with your estimations as well so that we can discuss what needs to be done with regards to additional Public Notice. As stated previously, we are very confident in our original estimates but appreciate DENR's obligation to review and accept or reject our information. If additional information is needed, please let me know. From: Hunkele, Dean [mailto:dean.hunkele@ncdenr.gov] Sent: Tuesday, September 30, 2014 1:25 PM To: Kraig Westerbeek; David Nordin; Michael Norris Cc: Rowland, Kevin; Gregson, Jim; King, Morelia s Subject: RE: DWR Incident #: 201401619 Bachelor Sow farm spill Importance: High Hi Kraig, I was aware of what was sent and to whom, but it was not complete in its distribution. The requirement for press release (was within 48 hrs now 24 hrs as of 9-22-2014) is simply an announcement to all print & electronic media outlets having coverage in the county; it may or may not be picked up as a story by the entities you notify. The public notice is taking out the ad space in major paper with readership in the County of occurrence and upon notification by the agency to publish in downstream counties. Based on my estimated volume and specifics, then Duplin County would be sufficient for this incident. Based on that lagoon's design and the freeboard level the day of the spill, then what is 1-inch equal to in volume? Why did we not get the items we asked for from Dave or Michael as part of the report? ponded area infiltarted into soils 4) flow pipe under road to dam 1 1095 ft length 1.251ft width L__'1 in deep 2559.6 gallons none 5) flow path dam 1 under road to dam 2 866 ft length 2.5 ft width 3 in deep 4048.6 gallons none 6) flow path dam 2 under field drive to dam 3 960 ft length F2.5 ft width 31in deep 4488 gallons none 7) flow path dam 3 to dam 4 @ pond 566 ft length � 1ft width in deep 3175.3 gallons sements 4-7 none 23,872.. gal Total ! gallons none Having had the opportunity to review the desgn & installation of the recycle sytem, and the downstream flow path from the Bachelor sow farms I, David S. Elkin certify that the preceding calculation represent due diligence and application of engineering calcuation and. judgement to model the event which resulted in the release of waste water outside the designed recycle system. Recycle water recovered ponded area flow path segment 1) flow path barn to pipe under road distance 505 ft length 4 ft width 0.5 in deep 84.167 cf 629.57 gallons infiltarted into sandy soils flow path barn to pipe under rd 505 ft length 4 ft width 1.5 in deep 252.5 cf 1888.7 gallons 2) puddle @ feed tanks puddle @ feed tanks 75 ft length 75 ft length 15 ft width 15 ft width 3 in deep 1.5 in deep 281.25 cf 140.63 cf 2103.8 gallons 1051.9 gallons 3) puddle @ feed tanks puddle @ feed tanks 70 ft length 70 ft length 20 ft width 20 ft width 3 in deep 1.5 in deep 350 cf 175 cf 2618 gallons 1309 gallons pture volume: ianout p€p'e`to Ivert @ road turn € 9,601 gallon 5,351 gallon total 4,250 gallon total Bachelor Site Information barn/ recycle pipe lagoon w/ recycel pump 13 flush tanks length 392 ft 1012 ft pipe length width(ave) 200 ft 230 GPM pump capacity (5Hp AMT @ 15.5psi area 78400 sf area 1.799816 ac gallons/ inch freeboard 3 inch DR17 HDPE cleanout pipe 48,872 !gal/in change :ycle system is designed to evenly distubute the pumped water to all 13 tanks. refore 1/13 of flow is 17.7 gpm per tank 0.039 cfs per flush tank 5 ft/s design velocity (new) 0.01 sf 1.14 sq. inch / tank (full opening, typical of 2" valve = 3.14s.i.) 14.79 si sq. inch / open pipe total system normal flow all 13 tanks 7.35 sq.inch 3" cleanout SDR17 22.14 s.i. total open area for discharge of recycle pump during event 33.21% of flow potential to broken 3" HDPE pipe cleanout 76.37 max potential gallons ****Note: this is the futhest point of discharge, vs the tanks that are closer to the pump so would be conservative estimate ****Typically after 2* years of operation; pump and line deliver far less than original design due to struvite, sludge, & biofilm build up in lines, as well as impeller 90% & pump wear (expected performance 50-90% of new) 68.74 Likely maximum performance with 2 yr run time. laximum operation duration 16:00 pm empoyee departure 7:15 am identification of incident 15.25 hrs max 69,881.07 gall max :potetnial spill 62,892.96 realistic max. gal Hypothetical Gallons from Gallons Contained/ Gallons Reaching Pipe Break Time Time(hrs) Pump(Gal.) On -site (gallons) State Waters / Off -site (Gallons) 4pm 15.25 69881 23,872 46009 5pm 14.25 65299 23,872 41427 6pm 13.25 60716 23,872 36844 7pm 12.25 56134 23,872 32262 8pm 11.25 51552 23,872 27680 9pm 10.25 46969 23,872 23097 10pm 9.25 42387 23,872 18515 11pm 8.25 37804 23,872 13932 12pm 7.25 33222 23,872 9350 lam 6.25 28640 23,872 4768 tam 5.25 24057 23,872 185 3am 4.25 19475 23,872 0 4am 3.25 14893 23,872 0 5am 2.25 10310 23,872 0 6am 1.25 5728 23,872 0 lam 0.25 1146 23,872 0 7:15am 0 0 23,872 0 Hunkele, Dean From: Hunkele, Dean Sent: Thursday, February 26, 2015 1:03 PM To: Gregson, Jim Cc: King, Morella s Subject: 31-0563 Batchelor Sow spill case Attachments: 31-0563 Batchelor spill enf costs.xlsx; AWS310563 NOI NOV-2014-DV-0228.docx; email exchanges.pdf; email exchanges-001.pdf; not response.pdf Importance: High Jim, Please find the attached case info for Raleigh's review. Based on standard Fast Track assessment guidance for sewer spills, etc. in this regional office and our discussions, this is what we would assess. Violation 1 Violation 2 Violation 3 Violation 4 Total CP $1,600 Enf Cost $554.15 $1000 $250 $100 $100 + $150 [sample costs] Total Assessment = $2,154.15 Email correspondence to and from this address is subiect to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. For information about permit applications please visit DENR's Permit Application Tracker using this address: http://portal.ncdenr.org/web/deao/permit-tracker The goal of the Fast Track sewer permit program is to issue a permit in no more than 30 business days from receipt of a complete application and if no addtional information has to be requested upon full review. Please use the tracker to determine the official application receipt date to allow you to estimate a date for issuance and find the reviewer's name. Once issued, the record stays on the site for 30 days. Subscribe to Collection System Updates 1 31-0563 Spill Staff Name Time hate Total Hunkele Site 4.5 37.09 166.905 Case 3 37.09 111.27 Sanchez -King Site 4.5 47.44 213.48 Truck 125 0.5 62.5 Grand Total 554.155 Sampling Costs Saved Fecal 35 TSS 15 Ammonia 20 BOD 25 TP 20 TN, etc 45 TOTAL 160 31- r�i3 Murphy -Brown, LLC 4/16/2009 2822 Hwy 24 West P.O. Box 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Grower(s): Murphy -Brown, LLC Farm Name: Batchelor Farm c:oun F Farrow to Wean 2035 Farrow to Feeder Farrow to Finish - Wean to Feeder Feeder to Finish Storage Structure: Storage Period: Application Method: Anaerobic Lagoon >180 days Irrigation RECEIVED / DENR / DV4 Aquifer Protedlon SaWan APR 16 '2009 Rj TCPaVRD APR 2 0 zoos BY; The waste from your animal facility must be land applied at a specified rate to prevent pollu io of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 11 This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft', tons, etc.): Capacity Type Waste Produced per Animal Total 2035 Farrow to Wean 3212 gal/yr 6,536,420 gal/yr Farrow to Feeder 4015 gaVyr gal/yr Farrow to Finish 10585 gal/yr gaVyr Wean to Feeder 223 gaVyr gaVyr Feeder to Finish 986 gaVyr gaVyr Total 6,536,420 gal/yr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (ibs): *Based on Farm pumping records Capacity Type Nitrogen Produced per Animal Total 2035 Farrow to Wean 4.72 Ibs/yr 9,605 Ibs/yr Farrow to Feeder 6.5 Ibs/yr Ibs/yr Farrow to Finish 26 Ibs/yr Ibs/yr Wean to Feeder 0.48 Ibs/yr Ibs/yr Feeder to Finish 2.3 Ibs/yr lbslyr Total 9,605 Ibs/yr Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. LAND UTILIZATION SUMMARY The following table describes the nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: 116.01 Total N Required 1st Year: 26105.09 Total N Required 2nd Year: 22867.1 Average Annual Nitrogen Requirement of Crops: 24,486.10 Total Nitrogen Produced by Farm: 9,605.20 Nitrogen Balance for Crops: (14,880.90) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. This chart describes the size, soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this facility. 2of11 Reception Area Specifications Tract Field Irrigated Soil 1st Crop Time to 1st Crop 1st Crop Lbs NlAc Lbs N Total lbs N Acrea e Type Code Apply Yield lbs NlUnit Residual fAc Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs NlAc Lbs N Total lbs N Code Apply Yield lbs NlUnit Residual IAc Utilized Total Lbs NIAc Total lbs N Utilized Ti 1 2.92 Foreston D Feb15-June 120.0 1.25 150 438 N I Set 55 2.4 132 385.44 282 823.44 2 2.71 Foreston D 17015-June 120.0 1.25 150 406.5 N Sept -Apr 55 2.4 132 357.72 282 764.22 3 2.69 Foreston D Feb15-June 120.0 1.25 150 403.5 N Sepj-Apr 55 2.4 132 355.08 282 758.58 4 2.64 Foreston D Feb15•June 120.0 1.25 150 396 N Se t-A r 55 2.4 132 348.48 282 744.48 5 2.66 Foreston D Feb15-June 120.0 1.25 150 384 N Se t- r 55 2.4 132 337.92 282 721.92 6 2.38 Foreston D Feb15-June 120.0 1.25 150 357 N Sept -Apr 55 2.4 132 314.16 282 671.16 7 1.69 Foreston D Feb15-June 120.0 1.25 150 253.5 N Se t-A r 55 2.4 132 223.08 282 476.58 8 1.85 Au ills C Mar -Set 5.5 50 275 508.75 L Sept -Apr 1 50 50 92.5 325 601.25 9 1.85 Au ille C Mar -Set 5.5 50 275 508.75 L Sopt-Apr 1 50 50 92.5 325 601.25 10 1.91 AutryvjHe C Mar -Set 5.5 50 275 525.25 L Sept -Apr 1 50 50 95.5 325 620.75 11 1.69 Au ills C Mar -Sept 5.5 50 275 464.75 L Sept -Apr 1 50 50 84.5 325 549.25 12 9.6 Foreston C MarmSept 6.0 50 300 2880 L Sept -Apr 1 50 50 480 350 3360 13 8.32 Foreston C Mar -Sept 6.0 50 300 2496 L Soot -Apr 1 50 50 416 350 2912 14 2.34 Foreston C Mar -Set 6.0 50 300 702 L Sept-AprSept-Apr 1 50 50 117 350 819 subs-7 3.01 Foreston D Mar -Jul 120.0 1.25 1 150 451.5 1 N Sept-AprSept-Apr 55 2.4 132 397.32 282 848.82 sub8-11 0.98 AutryvlDo C Mar -Sept 5.5 50 275 269.5 L Sept -Apr 1 50 50 49 325 318.5 sub12-14 6.44 Foreston C Mar -Set 0.0 50 300 1932 L Sept-AprSept-Apr 1 50 50 322 350 2254 71193 1 33.88 Atitryville D Feb15-June 85.0 1.25 106.2$ 3599.75 N Sept -Apr 45 2.4 108 3659.04 214.25 1 7258.79 4207-F5 Zone 1 1.06 Foreston D Fobl5-June 120.0 1.25 150 159 N Se t- r 55 2.4 132 139.92 282 298.92 4207-F5 Zone 2 1.21 Foreston 1 D Feb15-June 120.0 1.25 150 181.5 N 5e t•A r 55 2.4 132 159.72 282 341.22 4207-F5 Zane 3 1.28 Foreston D Feb15-June 120.0 1.25 150 192 N SeDt-ADr 55 1 2.4 132 168.96 282 360.96 O tionalLand 71473 1 11.5 Aut Illo D Mar-Juty, 85.0 1.25 15 91.25 0 N Seat -Apr 45 2.4 108 1242 0 0 71473 1 11.5 Autryville O June -Set 30.0 4 0 120 0 0 0 Totals: 116.01 17509.25 9837.84 2fif05.09 3(a) of 11 Reception Area Specifications Tract Field Irrigated Soil 1st Crop Time to 1st Crop 1st Crop Lbs N1Ac Lbs N Total lbs N Acrea e Tvve Code Apply Yield lbs NlUnit Residual IAc Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs N/Ac Lbs N Total lbs N Code Apply Yield lbs N1Unit Residual /Ac Utilized Total Lbs NIAc Total lbs N Utilized T1 1 2.92 Foreston O Jun -Sept 40.0 4 160 467.2 L Sept -Apr 1 65 15 50 146 210 613.2 2 2.71 Foreston O Jun -Sept 40.0 4 160 433.6 L see!.8pr 1 65 15 50 135.5 210 569.1 3 2.69 Foreston O Jun -Set 40.0 4 160 430.4 L Sept -Apr 1 65 15 50 134.5 210 564.9 4 2.64 Foreston O Jun -Set 40.0 4 160 422.4 L Sept -Apr 1 65 15 50 132 210 664.4 5 2.56 Foreston O Jun -Sept 40.0 4 160 409.E L Sept -Apr 1 65 15 50 128 210 537.6 6 2.38 Foreston O Jun -Set 40.0 4 1 160 380.8 L Se •A r 1 1 65 15 50 119 210 499.8 7 1.69 Foreston O Jun -Set 40.0 4 160 270.4 L Sept -Apr 1 1 65 15 1 50 84.5 1 210 354.9 8 1.85 ALAMille C Mar -Sept 5.5 50 275 508.75 L Sept -Apr 1 50 50 92.5 325 601.25 9 1.85 Au ills C Mar -Set 5.5 50 275 508.75 L Sept -Apr 1 50 1 50 92.5 325 601.25 10 1.91 Au ills C Mar -Set 5.5 50 275 525.25 L SeRL6pr 1 50 50 95.5 325 620.75 11 1.69 Autryville C Mar -Sat 5.5 50 275 464.75 L Sept -Apr 1 50 50 84.5 325 549.25 12 9.6 Foreston C Mar -Set 6.0 SO 300 2880 L Sept -Apr 1 SO 50 480 350 3360 13 8.32 1 Foreston C Mar -Sept 6.0 50 300 2496 L Sept-AprSept-Apr 1 50 50 416 350 2912 14 2.34 Foreston C I Mar -Sept 6.0 1 50 300 702 1 L SeDt-ADr I 1 50 50 117 350 819 subl-7 3.01 Foreston O Jun -Set 40.0 4 1 160 481.6 L Sept -Apr 1 1 65 15 1 50 150.5 1 210 632.1 sub8-11 0.98 Autryville C Mar -Sept 5.5 50 275 269.5 L Sept -Apr 1 50 50 49 325 318.5 sub12-14 6.44 Foreston C Mar -Sept 6.0 50 300 1932 L Sept-AprSept-Apr 1 50 SO 322 350 1 2254 71193 1 33.88 Autryville O Jun -Set X0 4 120 4065.6 L Sept -Apr 1 65 15 50 1694 170 5759.6 4207-F5 Zone 1 1.06 Foreston O Jun -Set 40.0 4 160 169.6 L Se t- r 1 65 15 50 53 210 222.6 4207-F5 Zone 2 1.21 Foreston O Jun -Set 40.0 4 160 193.6 L Sept-AprSept-Apr 1 65 15 50 60.5 210 254.1 4207-F5 Zone 3 1.28 Foreslon 0 Jun -Set 40.0 4 160 204.8 L Sept -Apr 1 65 15 50 64 210 268.8 If smatic3rainhavisnotolanted behindsovbeans, deduct 15 lb residual from cam. Totals: 93.01 18216.6 4650.5 22887.1 3(b) of 11 This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop A Barley B Hybrid Bermudagrass - Grazed C Hybrid Bermudagrass - Hay D Corn - Grain E Corn - Silage F Cotton G Fescue- Grazed H Fescue- Hay I Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat O Soybean P Pine Trees Lbs N utilized / unit yield 1.6 ibs N 1 bushel 50 Ibs N 1 ton 50 Ibs N 1 ton 1.25 Ibs N / bushel 12 Ibs N / ton 0.12 Ibs N 1 Ibs lint 50 Ibs N 1 ton 50 Ibs N 1 ton 1.3 ibs N 1 bushel 2.4 Ibs N 1 bushel 50 Ibs N 1 acre 50 Ibs N 1 acre 2.5 Ibs N I cwt 2.4 Ibs N 1 bushel 4.0 Ibs N 1 bushel 40 Ibs N 1 acre 1 yr Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. 4of11 SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PAN/ r/animal Farm Totall r 2035 Farrow to Wean 0.84 1709.4 Farrow to Feeder 1 Farrow to Finish 4.1 Wean to Feeder 0.072 Feeder to Finish 0.36 The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 1709.4 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. If you remove the sludge every 5 years, you will have approximately 8547 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the rate of 300 pounds of nitrogen per acre, you will need 28 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 68.376 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. "This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for >180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. 5of11 Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount Tract Hydrant Type Crop inlhr " inches T1 1 Foreston D 0.5 1 2 Foreston D 0.5 1 3 Foreston D 0.5 1 4 Foreston D 0.5 1 5 Foreston D 0.5 1 6 Foreston D 0.5 1 7 Foreston D 0.5 1 8 Autryville C 0.6 1 9 Autryville C 0.6 1 10 Autryville C 0.6 1 11 Autryville C 0.6 1 12 Foreston C 0.5 1 13 Foreston C 0.5 1 14 Foreston C 0.5 1 sub1-7 Foreston D 0.5 1 sub8-11 Autryville C 0.6 1 sub12-14 Foreston C 0.5 1 71193 1 Autryville D 0.6 1 4207-F5 Zone 1 Foreston D 0.5 1 4207-F5 Zone 2 Foreston D 0.5 1 4207-F5 Zone 3 Foreston D 0.5 1 )ptional Lan 71473 1 Autryville D 0.6 1 71473 1 Autryville O 0.6 1 6 of 11 Additional Comments: Subfield acreage is the balance of the total field acres minus wet acres at this site. This acreage will be claimed when making application with an aerway machine. Tracts 71193 is leased land. Tracts 71193 $ 4207 are optional for this plan and application to Tract 71193 acreage will be made with an aerway. Small grain hay behind soybeans is optional for all fields. T71473 has been leased for a three year period beginning Fall 2006 and is optional for use. Any of the crops listed may be grown. This land will be applied to using an aerway type applicator. This plan revised to include the new solid set sprinklers in Tract 4207 field 5. 7of11 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: Batchelor Farm Owner: Murphy -Brown, LLC Manager: Owner/Manager Agreement: I/we understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. I/we understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Murphy -Brown, LLC Signature: Name of Manager (if different from owner): Signature: Date Date Name of Technical Specialist: M. Kevin Weston Affiliation: Murphy -Brown, LLC. _ Address: 2822 Hwy 24 West, PO Drawer 856 _ Warsaw, NC 28398 Telephone: (910) 293-3434 Signature: Date 8 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. if the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recievinq crop type, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips)_ - 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the land application field. When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). 7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 9 Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14 Waste shall be applied in a manner not to reach other property and public right-of-ways. 15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 10 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 11 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recievinq crop type, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). i Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application_ No ponding should occur in order to control odor and flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9of11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 9 Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14 Waste shalt be applied in a manner not to reach other property and public right-of-ways. 15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying- Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 10of11 03/02/2007 FRI 18:00 FAX 9102933138 WRLNMJ 444 DWQ Wilmington 001/006 a or Murp1hy,,BrownL. ~~ Murphy Brown LLc PO Box 856 2822 Hwy 24 West Warsaw, NC 28398 Phone (910) 293-3434 Fax (910) 293-3138 Fax Transmittal Sheet ` VV� Fax: _ Pages: Phone: Date: Re: CC: ❑Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 1g Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 -Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 11 of 11 0 03/02/2007 FRI 18:00 FAX 9102933138 WRLNN1 4-*4 DWQ Wilmington Q 002/006 PLAN OF ACTION(Paa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 31-563 County: Duplin Facility Name: Batchelor Sow Certified Operator Name: Ron Taylor Operator Number. 27466 1. Current liquid levet(s) In inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: A B Spillway(Y or N): N N Level(inches): 18 17 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures_ Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached_ Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled Is reflected in section III tables. lncluded within this plan is a list of the proposed Was with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWO prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 3/3/2007 I hereby certify that I have reviewed the Information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. David Nordin Facia' OwnerlManager (print) a l ity Owne !Manager (signature) Phone: 910-296-1800 Date: 312/2007 03/02/2007 FRI 18:00 FAX 9102933138 WRLNXI 444 DWQ Wilmington Q 003/006 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YR.I24 FIR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Batchelor A line rn = 441.9 lb PAN 2. Structure ID: Batchelor B line rn = 240.6 lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 682.4 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LISP' FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop F. acres s. remaining IRR 2 PAN balance (ib/acre} t TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. applicaiion w9ndow' 1C Corn 2.92 81.56 238.2 Mar -Jul 2C Corn 2.71 81.83 221.8 Mar -Jul 3C Corn 2.69 66.73 179.5 Mar -Jul 4C Corn 2.64 76.87 202.9 Mar -July 5C Corn 2.56 83.76 214.4 Mar -July 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1056.8 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 682A lb. PAN PoA (30 Day) 2121/00 03/02/2007 FRI 18:01 FAX 9102933138 WRi,Nf1 4- DWQ Wilmington Q 004/006 x. Crop's remaining PAN balance (line v from section 111) = y. Overall PAN balance (w - x) 1056.8 lb. PAN -374 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and Maui, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. if new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2121/00 03/02/2007 FRI 18:01 FAX 9102933138 WRLNItl -•— DWQ Wilaington IA 00s/006 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelidentifier (ID). I Batchelor A 2. Current liquid volume in 25 yrJ24 hr_ storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 93799 fie e. line ell x line d x 7.48 gallons/ft3 58468 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 232630 ft3 h. current herd # 2035 certified herd # 2035 actual waste produced = current herd #f x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated I 1 /24/2007 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) POA (30 Day) 2/21100 232630 ft3 ]ft3 �l23228 ft3 443636 gallons 0.88 Ibs/l000 gal. 441.9 Ibs_ PAN 03/02/2007 FRI 18:01 FAX 9102933138 WRL.NI11 -,44 DW8 Wilmington R11006/006 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelidentifier (ID): Batchelor B 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 Inches b. designed 25 yr.124 hr. storm & structural freeboard 19A inches c. line b - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 101761 fe e. line 6112 x line d x 7.48 gallon&V 126862 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design I 180 days g. volume of waste produced according to structural design 116315 W h. current herd # 1100 certified herd # 1100 actual waste produced = current herd # x line g = 116315 fe certified herd # I. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 daysAine f= 4. Total PAN to be land applied during draw down period I_ current waste analysis dated 1/24/2007 m. ((lines e + k)t1000) x line REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 ©fe 61614 fe 221818 gallons 0.$9 lbs11000 gal. 240.6 lbs. PAN Waste Management Plan Changes RECEIVED JAN 2 2 Z007 Facility Farm °`etc t c �� +►-1 This farms Waste Management Plan has made the following changes: ACrop changes ❑ Wetted Acres ❑ Increased Acreage ❑ Decreased Acreage ❑ Changed Irrigation Design ❑ Change in Farm type ❑ Plan based on 3 Years On Farm Records ❑ Other Comments: -%-o1) Date Murphy -Brown, LLC 1/18/2007 2822 Hwy 24 West P.O. Box 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Grower(s): Farm Name: Murphy -Brown, LLC Batchelor Farm County: Du fin Farm Capacity: Farrow to Wean 2035 Farrow to Feeder Farrow to Finish Wean to Feeder Feeder to Finish Storage Structure: Anaerobic Storage Period: Application Method: >180 days Irrigation Lagoon The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 8 This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, W, tons, etc.): Capacity Type Waste Produced per Animal Total 2035 Farrow to Wean 3212 gal/yr 6,536,420 gal/yr Farrow to Feeder 4015 gal/yr gallyr Farrow to Finish 10585 gallyr gallyr Wean to Feeder 223 gal/yr gal/yr Feeder to Finish 986 gal/yr gaVyr Total 6,536,420 gallyr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): *Based on Farm pumping records Capacity Type Nitrogen Produced per Animal Total 2035 Farrow to Wean 4.72 Ibs/yr 9,605 Ibs/yr Farrow to Feeder 6.5 Ibs/yr Ibs/yr Farrow to Finish 26 ibslyr Ibs/yr Wean to Feeder 0.48 1bs/yr Ibs/yr Feeder to Finish 2.3 Ibs/yr lbs/yr Total 9,605 I bs/yr Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. LAND UTIL17ATION SUMMARY The following table describes the nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: 119.54 Total N Required 1st Year: 27100.55 Total N Required 2nd Year: 23608.4 Average Annual Nitrogen Requirement of Crops: 25,354.48 Total Nitrogen Produced by Farm: 9,605.20 Nitrogen Balance for Crops: (15,749.28) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. This chart describes the size, soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this facility. 2 of 8 Reception Area Specifications Tract Field Irrigated Soil 1st Crop Time to 1st Crap 1st Crop Lbs NIAc Lbs N Total Ibs N Acreacte Type Code Apply Yield Ibs NlUnit Residual !AC Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs NIAc Lbs N Total Ibs N Code Apply Yield Ibs NlUnit Residual /Ac Utilized Total Lbs NIAc Total lbs N Utilized T1 1 2.92 Foreston D Mar -Jul 120.0 1.25 150 438 N Se 1-A r 55 2.4 132 385.44 282 823.44 2 2.71 Foreston D Mar -Jul 120.0 1.25 150 406.5 N Sept -Apr 55 2.4 132 357.72 282 764.22 3 2.69 Foreston ❑ Mar -Jul 120.0 1.25 160 403.5 N Se 1-A r 55 2.4 132 355.08 282 758.58 4 2.64 Foreston D Mar -Jul 120.0 1.25 150 396 N Sept -Apr 55 2.4 132 34&48 282 744.48 5 2.50 Foruston D Mar -Jul 120.0 1.25 150 384 N $e t-A r 55 2.4 132 337.92 282 721.92 6 2.38 Foreston D Mar -Jul 120.0 1.25 150 357 N Sept -Apr 55 2.4 132 314.16 282 671.16 7 1.69 Foreston D Mar -Jul 120.0 1.25 150 253.5 N Sept -Apr 55 2.4 1 132 223.08 1 282 476.58 8 1.85 Autr ville C Mar -Sept 5.5 50 275 508.75 L Sept -Apr 1 50 50 92.5 325 601.25 9 1,85 Au tryville C Mar -Set 5.5 50 275 508.75 L Sept -Apr 1 50 50 92.5 325 601.25 10 1.91 Aulryville C Mar -Set 5.5 50 275 525.25 L Sept -Apr- 1 50 50 95.5 1 325 620.75 11 1.69 Autr ville C Mar -Set 5.5 50 275 464.75 L Sept -Apr 1 50 50 84.5 325 549.25 12 9.6 Foreston C Mar -Sat 6.0 50 300 2880 L Sept -Apr 1 50 50 480 350 3360 13 8.32 Foreston C Mar -Set 6.0 50 300 2496 L Sept -Apr 1 50 50 416 350 2912 14 2.34 Foreston C Mar -Set 6.0 50 1 300 702 L Sept -Apr 1 50 50 117 350 819 subl-7 3.01 Foreston ❑ Mar -Jul 120.0 1.25 150 451.5 N Se t-A r 55 2.4 132 397.32 282 84&82 sub8.11 0.98 Autr itle C Mar -Set 5.5 50 275 269.5 L Se t-A r 1 50 50 49 325 318.5 sub12-14 6.44 Foreston C Mar -Set 6.0 50 300 1932 L Se t-A r 1 50 50 322 350 2254 71193 1 33.88 Autr villa D Mar -Jul 85.0 1.25 106,25 3599.75 N Se t-A r 45 2A 108 3659.04 214.25 7258.79 4207 5 7.08 Foreston Q Mar -Jul 120.0 1.25 ISO 1062 N Se t-A r 55 2.4 132 934.56 282 1996.56 O lional Land 71473 1 11.5 Aulr ville D Mar-Juty 85.0 1.25 15 91.25 0 N Sept -Apr 45 2A 108 1242 0 0 71473 1 11,5 Autr ville O June -Set 30.0 4 0 120 0 0 0 Totals: if9.54 1803&75 10303.8 2r100.55 3(a) of 8 Reception Area Specifications Tract Field Irrigated Soil ist Crap Time to 1st Crop 1st Crop Lbs NlAc Lbs N Total Ibs N Acrea e Type Code Apply Yield Ibs NlUnit Residual /Ac Utilized 2nd Crop Time to 2nd Crop 2nd Crop Lbs N/Ac Lbs N Total rbs N Coda Apply Yield lbs. NlUnit Residual /Ac Utilized Total Lbs NlAe Total Ibs N Utilized T1 1 2,92 Foreston O Jun -Set 40.0 4 160 467.2 L Sept -Apr 1 65 15 50 146 210 613.2 2 2.71 Foreston 0 Jun -Set 40.0 4 160 433.6 L Sept -Apr 1 65 15 50 135.5 210 569.1 3 2.69 Foreston O Jun -Set 40.0 4 160 430.4 L Sept r 1 65 15 50 134.5 210 564.9 4 2.64 Foreston O Jun -Set 40.0 4 160 422.4 L Se t-A r 1 65 15 50 132 210 554.4 5 2.56 Foreston O Jun -Set 40.0 4 160 409.E L Se t-A r 1 65 15 50 128 210 537.6 6 2.38 Foreston 0 Jun -Set 40.0 4 160 380.8 L Sept -Apr 1 65 15 50 119 210 499.8 7 1.69 Foreston 0 Jun -Set 40.0 4 160 270.4 L I Sept -Apr 1 1 65 15 1 50 84.5 1 210 354.9 8 1.85 Autryville C Mar -Set 5.5 50 275 508.75 L Sept -Apr 1 50 50 92.5 325 601.25 9 1.85 AutryyWe C Mar -Set 515 50 275 508.75 L Se t-A r 1 50 50 92.5 325 601.25 10 1.91 Aulryville C Mar -Set 5.5 50 275 525.25 L Sept -Apr 1 50 50 95.5 325 620.75 11 1169 Autr ville C Mar -Set 5.5 50 275 464.75 L Sept -Apr 1 50 5o 84.5 325 549.25 12 9.6 Foreston C Mar -Set 6.0 50 300 2880 L Sept -Apr 1 50 50 480 350 3360 13 8.32 Foreston C Mar -Set 6.0 50 300 2496 L Sept -Apr 1 50 50 416 350 2912 14 1 2.34 Foreston C Mar -Set 6.0 50 300 702 L Sept -Apr 1 50 50 117 350 819 subl-7 3,01 Foreston O Jun -Set 40.0 4 160 481.6 L Se t-A r 1 65 15 50 150.5 210 632.1 sub8-11 0.98 Aulryville C Mar -Set 5.5 50 275 269.5 L Se t-A r 1 50 50 49 325 318.5 subl2-14 6.44 Foreston C Mar -Set 6.0 50 300 1932 L Sept -Apr 1 50 50 322 350 2254 71193 1 33.88 Autryville O Jun -Set 30.0 4 120 4065.6 L Sept -Apr 1 65 15 50 1694 170 5759.6 4207 5 7.08 Foreston O Jun -Set 40.0 4 160 1132.8 L Sept -Apr 1 65 15 50 354 210 1486.8 If small grain hay is not planted behind soybeans, deduct 15 lb residual from corn. Totals: 96.54 18781.4 4827 23606.4 3(b) of 8 This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will deiinately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop Lbs N utilized / unit yield A Barley 1.6 Ibs N 1 bushel B Hybrid Bermudagrass - Grazed 50 Ibs N / ton C Hybrid Bermudagrass - Hay 50 lbs N 1 ton D Corn - Grain 1.25 Ibs N / bushel E Corn - Silage 12 Ibs N 1 ton F Cotton 0.12 Ibs N 1 Ibs lint G Fescue - Grazed 50 lbs N / ton H Fescue - Hay 50 Ibs N 1 ton I Oats 1.3 lbs N 1 bushel J Rye 2.4 Ibs N 1 bushel K Small Grain - Grazed 50 lbs N 1 acre L Small Grain - Hay 50 Ibs N / acre M Grain Sorghum 2.5 lbs N 1 cwt N Wheat 2.4 Ibs N 1 bushel O Soybean 4.0 Ibs N 1 bushel P Pine Trees 40 Ibs N 1 acre 1 yr Acres shown in the preceding table are considered to be the usable acres excluding required buffers, filler strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. 4 of 8 SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PANT rlanimal Farm Total/ r 2035 Farrow to Wean 0.84 1709.4 Farrow to Feeder 1 Farrow to Finish 4.1 Wean to Feeder 0.072 Feeder to Finish 0.36 The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 1709.4 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. If you remove the sludge every 5 years, you will have approximately 8547 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the rate of 300 pounds of nitrogen per acre, you will need 28 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 68.376 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. `This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for >180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. 5of8 Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount Tract Hydrant Type Crop inlhr * inches T1 1 -Foreston D 0.5 1 2 Foreston D 0.5 1 3 Foreston D 0.5 1 4 Foreston D 0.5 1 5 Foreston D 0.5 1 6 Foreston D 0.5 1 7 Foreston D 0.5 1 8 Autryville C 0.6 1 9 Autryville C 0.6 1 10 Autryville C 0.6 1 11 Autryville C 0.6 1 12 Foreston C 0.5 1 13 Foreston C 0.5 1 14 Foreston C 0.5 1 subl-7 Foreston D 0.5 1 sub8-11 Autryville C 0.6 1 sub12-14 Foreston C 0.5 1 71193 1 Autryville D 0.6 1 4207 5 Foreston D 0.5 1 )ptional Lan 71473 1 Autryville D 0.6 1 71473 1 Autryville O 0.6 1 6 of 8 Additional Comments: Subfield acreage is the balance of the total field acres minus wet acres at this site. This acrea a will be claimed when making application with an _ aerway machine. Tracts 71193 and 4207 are leased land. This land is optional for this plan and application to the acreage will be made with an aerway. Small grain hay behind soybeans is optional for all fields. T71473 has been leased for a three year period beginning Fall 2006 and is optional for use. Any of the crops listed may be grown_. This land will be applied to using an aerway type applicator. 7of8 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: Batchelor Farm Owner: Murphy -Brown, LLC Manager: Owner/Manager Agreement: Ilwe understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. Ilwe understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Murphy -Brown, LLC Signature: ` k%` T1 Date Name of Manager (if different from owner): Signature: Date Name of Technical Specialist: Amy E. Roberson Affiliation: Murphy -Brown, LLC. Address: 2822 Hwy 24 West, PO Drawer 856 Warsaw. NC 28398 Telephone: (910) 293-3434 Signature: ► ' 1 u-T Date 8 of 8 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. 2 There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing himlher the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recievinq crop type, or available land. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance). Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor and flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 1 of 3 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Nutrients from waste shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste/nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14 Waste shall be applied in a manner not to reach other property and public right-of-ways. 15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 2of3 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 18 If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 3of3 o�O� W A r�R�� r^ 0 Ni� C Murphy Family Farms Batchelor Sow Farm PO Box 754 Rose Hill NC 28458 Dear Murphy Family Farms: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality May 1, 2003 Subject: Certificate of Coverage No. AWS310563 Batchelor Sow Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the Division of Water Quality (Division) to extend the expirationdate. oftheSwine Waste Operation General Permit AWG100000. Therefore, the General Permit has been re -issued by the Division to extend the expiration date to October 1, 2004. During the period of this extension the Division will be working with all interested parties on the development of a new version of the Non -Discharge General Permit. In accordance with your application received on February 13, 2003 and in accordance with the directive of Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Murphy Family Farms, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. The issuance of this COC supercedes and terminates your previous COC Number AWS310563 which expired on April 30, 2003. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Batchelor Sow Faun, located in Duplin County, with an animal capacity of no greater than an annual average of 2035 Farrow to Wean swine and the application to land as specified in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until October 1, 20DC Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. If your Waste Utilization Plan has been developed based on site specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to rate under1his-permit_convey any. property rights in either real or personal uroyerty. mil► K ` ?EI Ft Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Customer Service Center An Equal Opportunity Action Employer Internet http:Uh2o.enr.stale.nc.us/ndpu Telephone (919) 733-5083 Fax (919)715-6048 Telephone 1-877-623-6748 50% recycled/10% post-Gonsumer paper Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any lagoon or any wetted area of a spray field. Please be advised that any violation of the terns and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you kish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least I80 days prior to expiration. This COC 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 COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is trade within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Water Quality Staff maybe reached -at -(910)-395-3900. If you need additional information concerning this COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502. Sincerely, for Alan W. Klimek, P.E. Enclosures (General Permit AWGI00000) cc: (Certificate of Coverage only for all cc's) Wilmington Regional Office, Water Quality Section Duplin County Health Department Duplin County Soil and Water Conservation District Permit File AWS310563 NDPU Files M Z.- e;LGCDL_ 31 - S(n3 PRODUCER: Batchldr Farm LOCATION: PO BOX 759 Rose Hill, NC 28458 TELEPHONE: (910) 289 2111 TYPE OPERATION: 1-arrow - wean NUMBER OF ANIMALS: 2035 (Design Capacity) The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to -be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maAmize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be. grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applled to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting, Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste Is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.02117 adopted by the Environmental Management Commission. Page 1 Amount of Waste Produced Per Year (gallons_ ft. tons. etca 2,035 animals X §M (tons) waste/animal/year = Amount of Plant Available Nitrogen (PAN) Produced Per Year 2,036 animals X 5,4 lbs. PAN/animal/year = Guide Std. 633) 12,393 (tons) waste/year. 10,989 lbs. PAN/year. (PAN from N.C. Tech Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner The following acreage will be needed for waste application based on the crop to be grown and surface application: Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre Utilized Application T1 1 Fo Wheat 110 17.59 1,934.90 Sept -April T1 1 Fo Soybeans 120 17.59 2,110.80 June -Sept T1 3 Fo Bermuda (H) 300 20.26 6,078.00 March - Oct T1 2 AuB 1 FoA Bermuda (H) 287.5 7.30 2,098.75 March - Oct "OPTIONAL" 2 AuB 1 FoA Small Grain (G) 50 7.30 365.00 Sept -April Total L—_ 45.151 12,222.45 J ;This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic yield Mectatlon. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 2 Tract _ Field Soil Crop Lbs. N Acres Lbs. N Month of `. -Application * See footnote for Table 1. Totals from above Tables Acres Lbs. N Utilized Table 1 45.151 12,222 Table 2 Total 45.15 12,222 Amount of N Produced 10,989 Surplus or Deficit (1 233) NOTE., The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrient or other elements. Page 3 +�� i�, <•2`t`Lv'civn n:[:v`'.ky t`rk� :;#>:'�'c:... w [['�#2' .. L; �aa,.-.k���z4 ,.:�:3;ir:.::;ixxr�.c�i� :czziiL�. or :• <„. See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate (IniHr) Amount (In.) 1 FoA Row Crops 0.4 .5-1.o 2,3 AuB/FoA Bermuda 0.5 .5-1.0 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 6 MONTHS. In no instance should the volume of waste being stored in your structure exceed Elevation `see lagoon design. Cali the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: Acres shown are "wetted" acres. Residual Soybean PAN taken from wheat crop. Small grain overseed in field 2 is optional. Page 4 REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water Is prohibited. 2 'There must be documentation In the design folder that the producer either owns or has an agreement for use of adequate land on which to property apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It Is the responsibility of the owner of the facility to secure an update of the Waste Utilization Flan when there Is a change in the operation, increase in the number of animals, method of utilization, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that Is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See F'OTG Standard 393 _ Filter Strip)_ 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. S When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7 . Uquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and In a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. Page 5 REQUIRED SPECIFICATIONS (continued) 9 Animal waste shall be applied on actively growing crops In such a manner that the crop is not covered with waste to a depth that would Inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. 11 Any new swine facility sited on or after October 1, 1095 shall comply with the following: The outer perimeter of the land area onto which waste Is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12 13 14 15 16 Animal waste shall not be applied closer than 100 feet to wells. Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. Waste shall be applied in a manner not to reach other property and public right-of-ways. Animal waste shall not be discharged Into surface waters, drainageways, or wetlands by discharge or by aver -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that courses no runoff or drift from the side. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged Into the animal wasto management system. Page 6 REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 18 if animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and Implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. 20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied pre -plant with no further applications animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker Y411 be required to mark the maximum storage volume forwaste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and coppsr levels In the soil shall be monitored and alternative crop sites shall be used when these metal approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (6) years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. Rage 7 W$TE UTfI.I M1j PLAN A REEMENT Name of Farm: Batchlor Farm Owner/ Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or constructlon of new facilitles will require a new certification to be submitted to the Division of Environment Management (DEM) before the new animals are stocked. I (we) also understand that there must be no discharge of anlmat waste from this system to surface waters of the state from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by DEM upon request_ Name Owner Murphy Farms, l.l_C 01?eaas p nQ N~ Date: / o ., Name of anager (if different from owner): k , Signature: jj_ Date: �h Lb Name of Technical Specialist: (Please prints Kraig A. Westerbeek Affiliation: Mu h Famff Farms Address Q Signature: v saltv v PAN APPLICATION SUMMARY BATCHLOR FARM DUPLIN COUNTY - 1"9 Bermuda Pull # Acres PAN App. Total 1 2.92 115.63 337.6 2 2.71 183.43 497.1 3 2.60 124.82 335.8 4 2.64 151.16 399.0 5 2.56 130.7 334.6 6 2.38 85.56 203.8 7 1.69 96.12 102.4 8 1.85 20.6 38.1 9 1.85 59.89 110.8 10 1.91 24.6 47.0 11 1.69 20.8 35.2 12 1.58 26.6 42.0 13 1.63 25.8 42.1 14 1.69 24.9 42.1 15 2.23 61.9 138,0 16 3.67 99.7 365.9 17 3.41 252.87 $62.3 1$ 3.45 134.67 464.8 Total x - 4458.2 - 290-0 Bermuda Small Grain Pull # Acres PAN App, Total 1-1 2.92 88.6 268.42 1-2 2.71 65 176.15 1-3 2.69 90.8 243.714 1-4 2,64 48.2 127.248 1-5 2.68 48.3 123.648 1-6 2.38 20.2 62.350 . 1-7 1.69 11.8 19.942 3-2A 1.69 46.6 78.754 3-28 2.23 47.9 106.817 3-3 3.67 40.4 148,268 3-4 3.41 65.3 222.073 3-5 3.45 70.4 242.80 Total - 1810.87 Total 1999 m 6269.1 Small Grain Pull Acreage PAN App Total Pull Acreage PAN App Total 1 2.92 285.9 834.8 1 2.92 144.4 421.6 2 2.71 169 458.0 2 2.71 76.3 206.8 3 2.69 217.9 586.2 3 2.69 83.1 223.5 4 2.64 278.9 736.3 4 2.64 53.9 142.3 5 2.56 254.7 662.0 5 Z56 110.E 283.1 8 2.38 145.7 348.8 6 2.38 11.6 27.0 7 1.60 13.34 22.5 7 1.69 0 0.0 8 1.85 21 38.9 8 1.85 0- 0.0 9 1.85 59.8 110.0 9 1.85 0 0.0 10 1.91 90.6 173.0 10 1.91 25 47.8 11 1.69 16.3 27.6 11 1.69 0 0.0 31A 1.58 11.8 18.6 31A 1.58 26.8 42.3 31 B 1.63 78.1 127.3 31 B 1.03 0 0.0 32A 1.69 196 331.2 32A 1.69 28.1 44.1 S28 2.23 178.1 391.2 32B 2.23 7.4 18.6 33 3.67 120.4 441.9 33 3.67 29.7 109.0 34 3.41 284.6 970.5 34 3.41 36.5 121.1 35 3.45 205 707.3 38 3.48 88.9 309.4 Total 7290.0 Total 2000 PAN 9077.2 20011 Bermuda Pull # Ames PAN App. Total 1 2.92 287.4 839.2 2 2.71 269 729.0 3 2.69 190.6 513.3 4 2.64 261.8 091.2 5 2.66 346.7 887.6 8 2.38 153.2 304.8 7 1.69 130.1 219.9 8 1.85 121 223.9 9 1.85 41.8 77.0 10 1,91 211.7 404.3 11 1.69 19.7 33.3 31 A 1.58 87 137.6 318 1.63 138.2 225.3 32A 1.69 109.1 184.4 32B 2.23 120.8 269.4 33 3.07 293.3 1076.4 34 3.41 294.2 1003.2 35 3.46 200.5 691.7 36 3.48 55.5 193.1 Total = 8704.1 2001 PAN Total 9380.1 35 3.45 29.4 101.4 36 3.48 0 0.0 Total Y 1787.2 Small Grain Pull # Acres PAN App, Total 1 2.92 27.2 79.4 2 2.71 0 0.0 3 2.09 28.5 70.7 4 2.64 0 0.0 5 2.56 0 0.0 6 2.38 0 0.0 7 1.69 0 0.0 8 1.85 0 0.0 9 1.85 0 0.0 10 1.91 0 0.0 11 1.69 0 0.0 31 9.6 38.2 366.7 32 8.312 11.2 93.2 33 2.34 0 0.0 Total = 616.0 o��F warF9 pG co AIM r Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources p -C Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy Family Farms PO Box 759 Rose Hill NC 28458 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Batchelor Sow Farm #31-563 Duplin County Dear Sir or Madam: On March 20, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on August 25, 1997. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following, a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Wilmington Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not lirnited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past- 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal NCDE tR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-B77-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity /Alrirmafive Action Employer 50% recycled/ 10% post -consumer paper httpYh2o.enr.s1ate.nc us Inadequate Freeboard Page 2 .-- _------- Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Wilmington Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination: Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Wilmington Regional Office Staff at (910) 395-3900. Sincerely, lan W. Klimek, P.E. Director cc: Wilmington Regional Office Non -Discharge Compliance/Enforcement Unit Central Files _V Murphy -Brown LLC PO Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293h34 Fax: Mr. Shiver, The following farm within the Murphy -Brown, LLC system had plan amendments made to extend pumping windows and add additional PAN where needed. The plan amendments are attached for each farm. Farm Name Facility Number Batchelor Farm 31-563 If there are any questions please let me know. Regards, Todd Rowe, CCA Agronomist Murphy -Brown, LLC N CAWMP AMENDMENT Batchelor 7/28/03 This amendment is intended to extend the pumping window on corn. Nitrogen is accumulated within the plant up to physiological maturity. The R2 growth stage (blister) is critical because Nitrogen accumulated in vegetative plant parts begin to move into reproductive plant parts and kernels are beginning dry matter accumulation. Nitrogen should be applied to this growth stage to maximize the utilization of Nitrogen by the plant. Knowing that the R2 stage occurs approximately 75-80 days after emergence, then Nitrogen applications should continue up to this point. Upon a field visit it was determined that the corn is in growth stage R1. With the R2 stage occurring approximately 10-14 days after the RI stage, Nitrogen applications should continue until August 10, 2003. L�� 7 Manager -'-� &I Technical -Specialist -.256 Date Z,9 e�3 D to CAWMP AMENDMENT Batchelor 7/25/03 This amendment is intended to provide additional Nitrogen to the corn crop. Tissue analysis was conducted on the corn crop on July 14, 2003. The results of this analysis indicated the plants to be low in Nitrogen. Upon evaluation of the tissue sample results and the crop that is planted, it is found that additional Nitrogen is required for the corn crop. The additional Nitrogen is mainly due to the wet weather conditions that have been seen so far this growing season. Several processes have caused Nitrogen to be lost from the soil and restricted uptake by the plant. This additional Nitrogen is for supplementation of the required PAN in the waste management plan. HHydrant 1 2 3 4 5 6 7 Iff I RE, ME .11 A I " � x ,.- -- - — Manager Aft..'e. cep lc� Technical Specialist Supplemental Nitrogen per acre (pounds) 15.0 15.0 15.0 15.0 15.0 15.0 15.0 Date Date 7 2r C- ate Freeboard Notification Subject: Freeboard Notification Date: Fri, 27 Jun 2003 17:12:02 -0400 From: 'Britt, RO (BOC)" <ROBritt@brownsofcarolina.com> To: '" stonewall. mathis@ncmail.net"' <stonewall.mathis@ncmail.net> CC: "Nordin, David"<DavidNordin@brownsofcarolina.com> The following farm has a PoA that expires on 6/28/03. It is currently at the following levels: Permit # Farm _Lagoon 310563 Batchelor A 310563 Batchelor B Murphy -Brown, LLC Kenansville Division Freeboard Level Date 23" 6127/03 24" 6/27103 If you have any questions or comments, please contact David Nordin at 910-296-3731. I of 1 7/16/2003 3:05 PM PoA Lagoon Level Update Murphy -Brown, Kenansville Subject: PoA Lagoon Level Update Murphy -Brown, Kenansville Date: Fri, 11 Apr 2003 15:25:15 -0400 From: "Britt, RO (BOC)" <ROBritt@brownsofcarolina.com> To: "'Chester.Cobb@,nemaiI.net"' <Chester.Cobb@ncmail.net>, "'Stonewall.Mathis@ncmail.net"' <Stonewall.Mathis@ncmail.net> CC: "Nordin, David" <DavidNordin@brownsofcarolina.com> The following is an update of the lagoon levels currently under PoA's for the Murphy -Brown Kenansville Davison. The following readings were recorded Friday, April 11, 2003. Farm C.O.C. Lagoon Lagoon # I.D. Level Smith -Alderman 31-6 A 21 B 16 Bachelor 31-563 A 16 B 16 1 of 1 7/16/2003 3:32 PM Lagoon Levels Subject: Lagoon Levels Date: Tue, 27 May 2003 15:14:06 -0400 From: "Nordin, David"<DavidNordin@brownsofcarolina.com> To: "'Rick. shiver@ncmailnet"' <Rick.shiver@ncmailnet> CC: "'stonewall.mathis@ncmaiLnet"' <stonewall.mathis@ncmailnet>, "'chester.cobb@ncmailnet"' <chester.cobb@ncmailnet> Batchelor Sow Farm Permit # 310563 Lagoon Level A - 18 inches B - 18 inches 5/27/03 The lagoons are not in compliance. A PoA will follow for this notification. if I can be of further assistance, please call at 910 - 296 - 3731. David Nordin Murphy Brown LLC Kenansville Division 1 of 1 7/16/2003 3:25 PM Lagoon Freeboard Notification Subject: Lagoon Freeboard Notification Date: Wed, 23 Apr 2003 11:24:52 -0400 From: "Cavenaugh, Tonya"<TonyaCavenaugh@brownsofcarolina.com> To: "'stonewall.mathis@ncmail.net"' <stonewall.mathis@ncmail.net> The following farm's PoA expires today, 4/23/03. Their current freeboard level is as follows: Permit # Farm # Date Level Taken Level 31-563 Batchelor 4/23/03 A - 19" B - 19" The following farm's PoA expires 5/15/03. Their current freeboard level is as follows: Permit # Farm # 31-6 Smith -Alderman Tanya Cavenau,gh A,luiply Brown LLC Kenanftille Dizi.rion (910) 296-3732 Land e; Aruttaentltilana,getnant Admim trative 1 IsAislant Date Level Taken Level 4/19/03 A - 22" B-21" Name: Notebook.jpg Natebook.ipg Type: JPEG Image (image/jpeg) Encoding: base64 1 of t 7/16/2003 3:27 PM Lagoon Freeboards Subject: Lagoon Freeboards Date: Mon, 14 Jul 2003 16:29:01 -0400 From: "Nordin, David"<DavidNordin@brownsofcarolina.com> To: "'stonewall.mathis@ncmail.net"' <stonewall. mathis@ncmail. net> CC: "'John.coilege@ncmail.net"' <John.college@ncmail.net>, "'Rick. shiver@ncmail.net"' <Rick. shiver@ncmail. net> Freeboard Levels - Murphy Brown LLC Kenansville Division - 7/14/03 Farm Facility# Lagoon Level 2147 31 - 468 17 inches Batchelor 31 - 563 A - 17 inches B - 17 inches Turner Sow 31 - 57 S1 - 14 inches S2 - 14 inches S3 - 17 inches 3620 31 - 400 18 inches Scott 31 - 5 15 inches Envirotech 31 - 177 S1 - 18.5 inches 3090 31 - 678 18 inches 2149 31 - 567 16 inches 2704 31 - 375 16 inches 2706 31 - 375 Winches In addition to a 30 day PoA, a 5 day PoA will be submitted for this farm. If you have any further questions, please call me at 910 - 296 - 3731. Thank You David Nordin Land & Nutrient Management Murphy Brown LLC Kenansville Division l of 1 7/16/2003 3:02 PM Lagoon Level Up Date Subject: Lagoon Level Up Date Date: Thu, 10 Apr 2003 15:43:41 -0400 From: "Britt, RO (BOC)" <ROBritt@brownsofcarolina.com> To: "'Chester.Cobb@ncmail.net"' <Chester.Cobb@ncmail.net>, "'Stonewall.Mathis@ncmail.net"' <Stonewall.Mathis@ncmail.net> CC: "Nordin, David"<DavidNordin@brownsofcarolina.com>, "Williamson, Dawn"<dawnwilliamson@murphybrownllc.com> The following lagoon levels are less than 19 inches. Farm C.O.C. Lagoon Lagoon # ID Level Smith -Alderman 31-6 A 20 B 18 A PoA will be submitted for the Smith -Alderman farm as soon as possible. A PoA has been submitted for the Bachelor farm (3l'-563). The following is an update on the lagoon levels at this facility as of 4110/03. Farm C.O.0 Lagoon Lagoon # ID Level Bachelor 31-563 A 17 B 17.5 I of 1 7/16/2003 335 PM Lagoon Levels q�y Subject: Lagoon Levels Date: Tue, 27 May 2003 15:14:06 -0400 From: "Nordin, David"<DavidNordin@brownsofcarolina.com> To: "'Rick. shiver@ncmail.net"' <Rick.shiver@ncmail.net> CC: "'stonewall.mathis@ncmail.net"' <stonewall.mathis@ncmail.net>, "'chester.cobb@ncmail.net"' <chester.cobb@ncmail.net> Batchelor Sow Farm Permit # 310563 Lagoon Level A - 18 inches B - 18 inches 5/27/03 �i The lagoons are not in compliance. A PoA will follow for this notification. If 1 can be of further assistance, please call at 910 - 296 - 3731. David Nordin Murphy Brown LLC Kenansville Division of 1 5/28/2003 10:07 AM May 28 03 04:19p MURPHY-BROWN 9102933138 =e �?AY 3 0 2003 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number Number. 31-563 County: Duplin Facility Name: Batchelor Sow Certified Operator Name: Operator Number: a0 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: A B 5piltway(Y or N): N N Level(inches): 18 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations_ Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated, 'Attach a complete schedule with corresponding animal units and dates fro depopulation 'If animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that 1 have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the Information is accurate and correct. Mu" 16g"-� tj e Ae- Phone: 41D • -2/�' 3731 F cility Owner/Manager (print) Date: Facility OwneriManp_qer (signature) May 28 03 04:19p MURPHY-BROWN 9102933138 P.3 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIE: 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (lD): Batchelor A 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker t$.0 inches b_ designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 93799 ftz e. line cJ12 x line d x 7.48 gallons/ft3 58468 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 1$0 days g, volume of waste produced according to structural design 232630 ft3 h. current herd # 935 certified herd # 935 actual waste produced = current herd # x line g = 232630 ft' certified herd # i. volume of wash water according to structural design ®ft3 j. excess rainfall over evaporation according to design 123228 ft3 k. (lines h + i + j) x 7.48 x 30 days/line f= 443636 gallons 4. Total PAN to be land applied during draw down period I. current waste analysis dated 04/2812003 0.87 lbs/1000 gal. m. ((lines e + k)/1000) x line I = 436.8 ibs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure gals shown below) PoA (30 Day) 20/00 Mau 28 03 04:20p MURPHY-BROWN 9102933138 p.4 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE, LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (113): 1 Batchelor B 2. Current liquid volume in 25 yrJ24 hr_ storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yrJ24 hr. storm & structural freeboard I 19.0 inches c. line b - line a (inches in red zone) = 1.0 inches d, top of dike surface area according to design (area at below structural freeboard elevation) 101 7611fiz e. line c112 x line d x 7.48 gallonslft3 63431 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g- volume of waste produced according to structural design 116315 ft3 h. current herd # 1100 certified herd #1 1100 actual waste produced = current herd # x line g = 116315 f1l3 certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 04/2812003 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 1�ft3 616�'1 �4iift3 221818 gallons 1.80 Ibs11000 gal. 513A lbs. PAN May 28 03 04:20P MURPHY-BROWN 9102933138 P.5 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Batchelor A line m = 436.8 lb PAN 2. Structure ID: Batchelor B line m = 513.4 lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = -lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 950.3 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOW? PERIOD_ DO NOT LIST FIELDS TO W141CH PANT CANNOT RE APPLIED DURING THIS 3n DAY PERIOD o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application wiidowl 1 2 H8 Bermuda Hay 1.85 197.90 366.1 Mar -Oct 2 H9 Bermuda Hay 1.85 208.04 384.9 Mar -Oct 2 H10 Bermuda Hay 1.91 214.02 408.8 Mar -Oct 2 H11 Bermuda Hay 1.69 224.20 378.9 Mar -Oct 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1538.7 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line In from section 11) = 950.3 lb. PAN PoA (30 Day) 2/21100 May 28 03 04:20p MURPHY-BROWN 9102933136 p.6 Y. Crop's remaining PAN balance (line v from section 111) Y. Overall PAN balance (w - x) 1538.7 lb. PAN -588 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN ibased on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the reoeivina facility- Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21100 S Mar 21 03 03:29p MURPHY-BROWN 9102933138 p.2 31- S_4 3 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number. 31-563 County: Ouplin Facility Name: Batchelor Sow Certified Operator Name: �� V�� Operator Number: as (0 ID-0 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the boLom of the spillway for lagoons w7t;n spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon blame/lD: D28 Spillway(Y or N): N Lavel(inches): 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hyaraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locaticns. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included nrithfn this plan is a list of the proposed suss with related facility numbers, number of acres and receiving crop Information. Contact and secure approval from ;he DWQ prior to transfer of waste to a sire not covered in the facility's CAWh9P. Operation.wili be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates frc depopulaUzin *if animals are to be moved to another permitted facility, provide facility number, lagoon freebeare levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed 1he Information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the Information Is accurate and correct. �>d Jr Np I d / n. Phone: ql o •.2 �9 ',37,3I Facili OwrerlManager (print) _ Date: 3 ` 21 ` 03 Facility Owne,ONIIanager (signature) . ...:<:' '.:'; . �'.,..... t-_. - ..,. , i'. � ,ice=. 't' !:x.:. : •. a ..,._ �' 3: 'c,e .. p � y:;. je Mar 21 03 03:30p MURPHY-BROWN 9102933139 P.3 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIE. 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (0): Batchelor D2& 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.Q inches b. designed 25 yr./24 hr. storm & structural freeboard i 9.0 inches c. line b - line a (inches in rec zone) = 1.0 inches d. top of dike surface area -according to design (area at below structural freeboard elevaton) 93799 ftT e. line c/12 x line d x Z.48 gallons/W 53468 gallons 3. Projected volume of waste liquid produced during draw down period L temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 23263U fts h_ current herd # 2Q35 certified herd # 2035 actual waste produced = current herd # x line q = 232&iC ft3 certified nerd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 says/line i= 4. Total PAN to be land applied during draw Gown period I. current waste analysis dated 03101/200-4 rn. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121100 ft3 i ft3 443636 gallons 1.8-0 ibs/1000 gal. 903.8 lbs. PAN ,Mar 21 03 03:30p MURPHY-BROWN 9102333138 p.4 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANWOR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILIT't 1. Structure ID: Ba:chelcr D28 line rn = 903.8 Ib PAN 2_ Structure ID: line m = Ib PAN 3. Structure ID: line m = Ib PAN 4. Structure ID: line m = Ib PAN 5. Structure ID: line m = Ib PAN 6. Structure ID: line'rn = Ib PAN n.lines 1+2+3+4+5+6= 903.8lbPAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWt PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD o. tract # P. field ## q. crop r. acres s. remaining IRR L TOTAL PAN u. applicaiian window' 2 PAN balance BALANCE FOR EIoiacre) FIELD (tbs.) column r x s i 2 Bermuda Hay T 30i 287.501 2098.$ 1viar-Oct v _ - , w.. --1. ....... .y ..l.F..................., - ...," ­r - ...vy........y -......v �... ....... ....... receiving crops during 30 day draw do+nrr. period. v. Total PAN available for all fields (sum of column t) = 2098.8 lb. PAN 1V. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 903.8 lb. PAN PoA (30 Day) 2121 /00 Mar 21 03 03:30p MURPHY-BROWN 9102933138 p.5 1 x. Crop's remaining PAN balance (line v from section lll) = y. Overall PAN balance (w - x) 2098.8 lb_ PAN -1195 lip. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopWation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on rew information, If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance_ If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is � iavai!abie for pumping if needed. I PoA (30 Day) 2/21/00 M r=1 Ln IM S �Ln LJ"1 ru IO C3 m !O I� irq a 7 M F`IVL - - USE Postage WNW Fee Return AeceEpt Fee (Endorsement Required) Posbnark Elam Resfrfeted Delivery Fee (Endorsement Aequired) Total Postage & Fees $ Street, Apt No.; ' �''� arPO8oYN0. 1 (� y� , ! v }/�' `�i �1j �S_ti:�.-1 e, `A1 .- .._.. . I, I .�,.:11:. _ -- 0 VArF9 a I Murphy Family Farms Mr. David Nordin 785 Hwy. 24/50 Warsaw, NC 28398 Dear Mr. Nordin: Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 15, 2003 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Batchelor Sow Farm Facility # 31-563 Duplin County Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Wilmington Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Wilmington Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. � Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. .i A A CE)ENR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, INC 27699-1617 An Equal Opportunity 1 Affirmative Action Employer 50% recycled 1 10% post -consumer paper http :11 h 2 o. e n r. state. n c. us Inadequate Freeboard David Nordin December 15, 2003 Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Wilmington Regional Office at 910-395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor CC: Kraig Westerbeek, Murphy -Brown, LLC Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC Wilmington Files 31-563 Non -Discharge Compliance and Enforcement Unit Central Files C4 14--2UUJ 'CriU Ub: bb V11 HUU - LANANUCKIENT MurphyBrownL. Kenansville Division 785 Hwy. 24/50 Warsaw, NC 28398 (910) 296-1800 To;'t �-qw't' li_- �(�j 1" nIton Date: U1WH1283 P. U1/18 Land & Nutrient Management From: David Nordin, Manager+-' Tony& Cavenaugh, Assistant R. O. Bxitt, Specialist J. D. Suggs, Specialist Don LaCoe, Auditor Fax: l - 9P , 3,50_aoby- Number of pages, including cover sheet: Lj` AT 14-2003 THU 05:57 PH BOC - LAND&NUTRIENT 9102961283 P. 06/ 18 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 31-563 County: Duplln Facility Name: Batchelor Sow Certified Operator Name' &V565 LZ Operator Number: a5G26 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID' A B Spiliway(Y or N): N N Level(inches): 19 16 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached, Agronomic balance is within acceptable range_ Waste Is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan Is a list of the proposed sites with related facility numbers, number of acres and receiving crop information, Contact and secure approval from the DWO prior to transfer of waste to a site not covered In the facllity's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and Included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. ! ac ;Qls.y/�71t� LLe 1}}2wd ����1� Phone: 9/0 -.2�6 -3731 acility Owner/Manager (print) - 13 L4e- Date: Facility Owner/Manager (signature) 914-2003 THU 06:58 PH BOC - LAND&NUTRIENT 9102961283 P. 07/18 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIE: 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Batchelor B 2. Current liquid volume in 25 y►.124 hr_ storm storage 6 structural freeboard a. current liquid level according to marker 16.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 101761 ft� e, line ell x line d x 7.48 gallonse 190293 gallons 3. Projected volume of waste liquid produced during draw down period f_ temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 116315 f? h. current herd # 1100 certified herd # 1100 actual waste produced = current herd # x line g = 116315 ft3 certified herd # i, volume of wash water according to structural design j, excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 daysiline f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 07/21/2023 m. ((lines e + k}11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure talc shown below) _Jfe 61614 W 221818 gallons 1.50 Ibs/1000 gal. 616.2 lbs. PAN PoA (30 Day) 2/21/00 AT-14;2003 THU 05:58 PM BOC - LAND&NUTRIENT 9102961283 P. 08/18 Ill. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Batchelor A line m = lb PAN 2. Structure ID- Batchelor B line rn = 618.2 ib PAN 3. Structure ID: line m = lb PAN 4. Structure ID: _ line m = lb PAN 5. Structure ID: line m = lb PAN 6. Structure ID: line m = lb PAN n. lines 1 +2+3+4+3+6= 618.2 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOW# PERIOD_ DO NOT LIST FIEI_nS TO WHtCIN PAN ceNNOT RF APPLIFn HARING TWIS'An nev PFRInn o. tract # p. field # q. crop r. acres e. remaining IRR 2 PAN balance (lblacre) t TOTAL PAN BALANCE FOR FIELD (lbs,) column r x s u. application window' 1 2 H8 Bermuda Hay 1.85 ' 88.69 164.1 Mar -Oct 2 H9 Bermuda Hay 1.85 60.92 112.7 Mar -Oct 2 H10 Bermuda Ha 1.91 82,13 156,9 Mar -Oct 2 H11 Bermuda Hay 1.69 117.39 198.4 Mar -Oct 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 632.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section Il) = 618.2 Ib. PAN PoA (30 Day) 2-121100 1-14'2003 THU 05:58 PH BOO - LAND&NUTRIENT 9102961283 P. 09/18 x. Crop's remaining PAN balance (line v from section 111) = 632.0 lb. PAN Y. Overall PAN balance (w - x) = -14 Ib. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. if new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21/00 - c Ll 0[0-3 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 31-563 County: Duplin Facility Name: Batchelor Sow Certified Operator Name: , Jb --s Operator Number: �? �T rti � C]_ 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: A B Spillway(Y or N): N N Level(inches): 17 17 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and Included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. �uf)4 &,udg ,C/-C 4IAOid /,4r,� Phone: 1%16-2gl-373j Facility Owner/Manager (print) " e Date: 7411, 0 Facility Own r/Manager (signature) PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIEE 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): I Batchelor A 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 17.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 93799 ftZ e. line c112 x line d x 7.48 gallonslft3 116936 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 232630 ft3 h. current herd # 935 certified herd # 935 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 06/24/2003 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 232630 ft3 f �1ft3 �12322�8Jft3 443636 gallons 1.30 Ibs11000 gal. 728.7 lbs. PAN PoA (30 Day) 2/21/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Na me/identifier (I D): I Batchelor 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 17.0 inches 19.0 inches 2.0 inches 101761 1ft2 126862 gallons 180 days g. volume of waste produced according to structural design 116315 ft 3 h. current herd # 1100 certified herd # 1100 actual waste produced = current herd # x line g = 116315 ft3 certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 daystline f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 06/24/2003 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) ©ft3 61614 ft3 221818 gallons 1.80 Ibs/1000 gal. 627.6 Ibs. PAN PoA (30 Day) 2/21/00 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR./24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Batchelor A line m = 728.7 lb PAN 2. Structure ID: Batchelor B line m = 627.6 lb PAN 3. Structure ID: line m = lb PAN 4. Structure ID: line m = lb PAN 5. Structure ID: line m = lb PAN 6, Structure ID: line m = lb PAN n. lines 1 +2+3+4+5+6= 1356.4 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOW? PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window' 1 2 H8 Bermuda_Nay 1.85 144.16 266.7 Mar -Oct 2 H9 Bermuda Hay 1.85 150.84 279.1 Mar -Oct 2 H10 Bermuda Hay 1.91 170.52 325.7 Mar -Oct 2 H11 Bermuda Hay 1.691 182.97 309.2 Mar -Oct 1 H1 Corn 2.92 46.21 134.9 Mar -Jul 1 H2 Corn 2.71 41.09 111.4 Mar -Jul 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 1426.9 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line In from section II) = 1356.4 lb. PAN PoA (30 Day) 2121/00 x. Crop's remaining PAN balance (line v from section III) = 1426.9 lb. PAN y. Overall PAN balance (w - x) _ -71 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2121/00 A` URPHY FAMILY FARMS Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Dean Hunkele Dear Mr Hunkele, As required by your agencies freeboard guidance document dated 1/31/2000, this letter is intended to outline a plan of action aimed at lowering the lagoon level at the Batchlor Farm (lagoon 1) to a level adequate for both structural stability and a 25 year, 24 hour storm. We have approximately 50 acres of small grain overseed available for irrigation at this time. PAN balances for the fields to be used show that we still have 25 % of our 100 lb. target available. When field conditions improve, we will begin making frequent, light applications to the small grain. On this farm, we could transfer water to the newer lagoon if needed, however, that would bring it closer to the 19" mark than we would like. Therefore, if the current weather conditions continue, we should be able to lower the lagoon level to below minimum requirements within 30 days through irrigation. If there are any questions or concerns, please call me at (910) 289 6439 ext. 4556 or John Bizic at ext. 4589. urphy Family Farms 2/l/00 Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400 APR-07-00 01:48 PM P.09 7. �j Z rflc, d 3► -�3". 3/ - 563 MARILYN Land & Nutrient Management Data History Inquiry 4/07/00 LNMHSTINQ Murphy Family Farms 13:57:41 Farm# _ 2016 Lagoon#: Report Date: 10/01/99 Div#: SDI Ref#: Options: 5-More Details Farm Lag Report Opt No: No: Date Div# 2016 1 10/02/99 10 2016 1 10/09/99 10 2016 1 10/16/99 10 2016 1 10/23/99 10 2016 1 10/30/99 10 2016 1 11/06/99 10 2016 1 11/13/99 10 2016 1 11/20/99 10 2016 1 11/27/99 10 2016 1 12/04/99 10 2016 1 12/11/99 10 2016 1 12/18/99 10 SDI Free Board Consumption Raintall Contract Ref# Level Per Head Water Inches Gal Pump 174541 17 6.11 85060 1.10 175231 20 6.83 94980 .50 175904 16 7.10 98160 4.20 176653 24 6.89 95190 .45 177335 23 7.12 98210 178019 19 6.89 97280 178712 17 8.32 118800 179414 16 10.68 149490 180137 18 7.44 105850 180797 19 6.21 88390 181448 23 5.90 84210 182117 24 9.05 129560 F3RExit F5-Refresh (C)Copyright 1998-99.Anchor Applications & Solutions, Inc .All Rights Reserved APR-07-00 01:40 PM P_10 MARILYN Land & Nutrient Management Data History inquiry 4/07/00 LNMHSTINQ Murphy Family Farms 13;57;41 Farm# _ 2016 Lagoon#: Report Date: 10/01/99 Div#: SDI Ref#: _ Options: S=More Details Farm Lag Report SDI Free Board Consumption Rainfall Contract Opt No: No: Date Div# Ref# Level Per Head water Inches_ Gal Pump 2016 1 12/25/99 10 182844 22 10.14 144580 2016 1 1/01/00 10 183516 23 9.78 139140 2016 1 1/08/00 10 184211 23 5.45 78610 2016 1 1/15/00 10 164913 23 4.22 60410 2016 1 1/22/00 10 185609 19 4.50 64630 2016 1 1/29/00 10 186271 15 4.40 63790 2016 1 2/05/00 10 186956 18 4:67 66860 2016 1 2/12/00 10 187684 18 4.83 69090 2016 1 2/19/00 10 188339 18 4.90 70100 2016 1 2/26/00 10 189054 23 4.57 65300 2016 1 3/04/00 10 189723 21 5.23 75000 2016 1 3/11/00 10 190478 23 4.68 67560 F3=Exit F5=Refresh (C)Copyright 1998-99.Anchor Applications & Solutions,Inc.All Rights Reserved APR-07-00 01:48 PM P.11 MARILYN Land & _Nutrient Management Data Histo ywlnquiry 4/0'i/uu LNMHSTINQ Murphy Family Farms 13:57:41 Fa rmO 2016 Lagoon#: Report Date: 10/01/99 Div#: SDI Ref#: Options: 5-More Details Farm Lag Report SDI Free Board Rainfall Contract Opt No: No: Date Div# Ref# Level _Consumption Per Head Water Inches Gal Pum 2016 1 3/18/00 10 190977 28 4.81 69600 2016 1 3/25/00 10 191871 25 4.99 72670 2016 1 4/01/00 10 192510 20 5.14 74380 2016 2 10/02/99 10 174541 20 6.11 85060 1.10 2016 2 10/09/99 10 175231 26 6.83 94980 .50 2016 2 10/16/99 10 175904 21 7.10 98160 4.20 2016 2 10/23/99 10 176653 21 6.89 95190 .45 2016 2 10/30/99 10 177335 23 7.12 99210 2016 2 11/06/99 10 178019 23 6.89 97280 2016 2 11/13/99 10 178712 25 8.32 118800 2016 2 11/20/99 10 179414 26 10.68 149490 2016 2 11/27/99 10 180137 26 7.44 105850 F3=Exit F5=Refresh (C)Copyright 1998-99.Anchor Applications & Solutions, Inc, All Rights Reserved 20 b m 0 IL` cn oQ 'M c� M1 �. i° CDN y w 00 °gm3�°�� fl. too 4. n �: COW ` C 0. C z OC L3 L 6. O m rL L66 L aunt '008£ 1uuo:1 Sd ■ Complete items 1, 2, and 3. Also complete A. Received by Tease PrintClearfy) S. Date of Delivery ` item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you, cure ❑ ■ Attach this card to the back of the mailpiece, IG.sign Agent 4z"It or on the front if space permits. ❑ Addressee D. is delivery add different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 1. Article Addressed to: Mr. Kraig Westerbeek Murphy Family Farms 3. Servi e PO Box 759 Rose Hill, NC 28458 6G.rtified Mail ❑ Express Mall ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. icfe Num r �Copyhm service ! eQ � I J?�r �, Ps Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 J r0, State of North Carolina Department of Environment and Natural Resources • Wilmington Regional Office James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director ENVIRONMENT ANP NATUF2AL RESOURCES Division of Water Quality April 13, 2000 CERTIFIED MAIL_ # P 328 829 378 RETURN RECEIPT REQUESTED Mr. Kraig Westerbeek Murphy Family Farms Batchelor Farm PO Box 759 Rose Hill, NC 28458 Subject: Notice of Deficiency Batchelor Farm Facility Number. 31-563 Duplin County Dear Mr. Westerbeek: This is to notify Murphy Family Farms, who holds a non -discharge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0200 and North Carolina G.S. 143.215.1, of a deficiency of Animal Waste Permit AWS 310563. On January 26, 2000, it was reported by your facility that the freeboard level in lagoon was not in compliance with levels of 17 inches. Therefore, this notice is being sent in accordance with the Division of Water Quality's (DWQ) high freeboard policy. You should have submitted a Plan of Action to obtain compliance within a stipulated time frame depending on your lagoon level. The following procedure is to be implemented whenever the freeboard level in any lagoon is not in compliance: 1. Notify DWQ Wilmington Regional Office within 24 hours 2. Submit appropriate Plan of Action documents obtained from DWQ, Soil & Water district office, or Service Company 3._ Provide DWQ Regional Office with weekly updates 4. Notify DWQ Regional Office when compliance is attained. It is highly recommended that this facility: 1) explores and initiates measures to conserve fresh water usage and 2) make any necessary changes to the waste management system and/or waste utilization plan to help maintain appropriate lagoon levels. 127 North Cardinal Dr., Wilminerton, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action.Employer 50%, recycled/10% post -consumer paper f� Mr. Kraig Westerbeek April 13, 2000 Page 2 The Division of Water Quality will take no further action for this reported incident at this time. DWQ may pursue additional actions including civil penalties, injunctive relief, or revocation of your Animal Waste Permit AWS 310563 for future occurrences.. If you have any questions concerning this matter please do not hesitate to contact either Mr. Stonewall Mathis or myself at (910) 395-3900. Sincerely, Dean Hunkele Environmental Specialist cc: Harold Jones, Duplin County Soil and Water Conservation DWQ Non -Discharge Operations Branch File DWQ Wilmington Animal Files 31-563 S:1WQSIANIMALS1DUPLIN12000131-563 Batchelor NOD.wpd Information contained in this database is from non agency sources and is considered unconfirmed Farm Emergency Call Form Farm Number ©` ® Date Farm Name a C e Or Sow Farm Time Owner Frist Name Call Number Owner Last Name [Murphy Family Farms p Reportng 0 Complaint Source O n Bizic Breached 0 Yes 0 O Freeboard Level 1 117 Depopulated 10 Yes 0 O Freeboard Level 2 Overflowed 10 Yes 0 O Freeboard Level 3 LQ Issue 0Yes 0 O Freeboard Level 4 PermissionToPump 10 Yes 0 O Freeboard Level 5 Inudated 0 Yes 0 O Flooded 0 Yes 0 O Freeboard Level 6 Pumping Equipment 0 Yes 0 O comments 0neWak .......... 1212Q0.0�...................................................................................................................................................:................... ............................... ...............................................................................................I................................................................................................................................ ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ............................ ................. ..................... .................................................... .................................................................................... I........................ ........................ ................................................................................................................................................................... I ....................................... . ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................... ANIMAL WASTE MANAGEMENT PLAN CERTIFICATION FOR NEW O CEXPAnNDEDEEDLOTS Please return the completed form to the Division of Environmental Management at the address form. � r' Name of farm (Please print): Batchelor Farm Address: P. O. Box 759 Rose Hill, NC 28458 Phone No.: I County: Duplin Farm location: Latitude and Longitude: 350 00' 5U' I Tr 55' 06" (required). Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.): Swine Design capacity (number of animals): 2035 Sows Farrow to Wean Average size of operation (12 month population avg.): 2035 Sows Average acreage needed for land application of waste (acres): 35.7 Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005. I certify that the new or expanded animal waste management system as installed for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation pursuant to 15A NCAC 2H .0217 and 15A NCAC 6F .0001-.0005. The foilowing elements and their corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds; waste storage capacity; adequate quantity and amount of land for waste utilization (or use of third party); access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25-year, 24hour storm. Name of Technical Specialist (Please print): M_ Kevin Weston Affiliation: Murphy Family -Farms, Inc Address (Agency): P. 0.. Box 759 Rose Hill, NC 28458 _ Phone No. 910 289-2111 Signature: Date: Owner/Manager Agreement I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any additional expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either through a man- made conveyance or through runoff from a storm event less severe than the 25-year, 24hour storm_ The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. Name of L Signature: Name of Manager, if different from owner (Please Print): Signature: Date. Note: A change in land ownership requires notification or a new certification (if the approved plan is changed) to be submitted to the Division of Environmental Management within 60 days of a title transfer. — -- - — -- DEM USE ONLY: ACNEVO _P(t5©RQ.3 3r-563 MU R P H Y F A M I L Y F A R M S August 8,1995 Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section_Pt�annirgBranch 3 P. O. Box 29535 Raliegh, NC 27626--0535 Attn: Mr. Steve Tedder, Chief RE: Batchelor Farm - Swine Facility Certification Duplin County, NC Dear Mr. Tedder: Enclosed is the certification form for the above referenced swine farm. By this letter, the Owner certifies that the following crops will be planted or sprigged within 180 days of the stocking date of the farm. Stocking Date: 9f�/9f _Barley ✓Rye _✓Bermuda Grass (Graze/Hay/Pasture) Small Grain (Graze/Hay) Corn (Grain/Silage) __Sorghum Cotton _Wheat _Fescue (Graze/Hay/Pasture) Oats �Other(Explain) The lagoon effluent will be applied to the crops listed above by Center Pivot Irrigation (Installed/Not Installed) _Solid Set Irrigation (installed/Not Installed) _Traveling Gun/Reel Irrigation (Owned/Not Owned) Third Party Applicator ✓Other (Explain) /"Ipva 15cE G •� Name of Technical Specialist•. M. Kevin Weston Signature: % Date: 9///9S Name of Land Owner: Murphy Family Farms Signatu cc: Murphy Family Farms Kim Patram, Murphy Family Farms Construction Department Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400 State of North Carolina - - -Department of Environment, Health and.Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director March 23, 1994 Calvin Oates Rt 1 Box 129-D Kenansville NC 28349 Dear Mr. Oates: This is to inform you that your completed registration form required by the recently modified nondischarge rule has been received by the Division of Environmental Management (DEM), Water Quality Section. On December 10, 1992 the Environmental Management Commission adopted a water quality rule which governs animal waste management systems. The goal of the rule is for animal operations to be managed such that animal waste is not discharged to surface waters of the state. The rule allows animal waste systems to be "deemed permitted" if certain minimum criteria are met (15A NCAC 2H .0217). By submitting this registration you have met one of the criteria for being deemed permitted. . We would like to remind you that existing feedlots which meet the size thresholds listed in the rule, and any new or expanded feedlots constructed between February 1, 1993 and December 31, 1993 must submit a signed certification form (copy enclosed) to DEM by DecemJjtr 311297 New or expanded feedlots constructed after December 31, 1993 must obtain signed certification before animals are stocked on the farm. Certification of an approved animal waste management plan can be obtained after the Soil and Water Conservation Commission adopts rules later this year. - We appreciate you providing us with this information. If you have any question about the new nondischarge rule, please contact David Harding at (919) 733-5083. Sincerely, _% a� - Steve Tedder, Chief Water Quality Section - P.O. Box 29535, Rdeigh, Borth Carolina 27626-0535 Telephone 919 733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 1 Q% past -consumer paper <l Operator:BATCHLOR SOW FARM County: DUPLIN ' / Date: 10/12/94 Distance to nearest residence (other tha.n owner): 0.0 feet 1. AVERAGE LIVE WEIGHT (ALW) / / 0 sows (farrow to finish) x 1417 lbs. — 0 lbs. A:ih ows (farrow to feeder) x 522 lbs. = 0 lbs ead 1 x 135 lbs. = 0 lbs ows farrow to wean) x 433 lbs. — 476300 lbs ead {wean to fee er x 30 lbs. = 0 lbs Describe other 0 Total Average Live Weight = 476300 lbs 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON r Volume = 476300 lbs. ALW x Treatment Volume(CF)/lb. ALW Treatment Volume(CF)/lb. ALW = 1 CF/lb. ALW Volume = 476300 cubic feet 3. STORAGE VOLUME'FOR SLUDGE ACCUMULATION Volume = 0.0 cubic feet 4. TOTAL DESIGNED VOLUME Inside top length (feet)--------------------- 325.0 Inside top width (feet)---------------------- 325.0 Top of dike elevation (feet)----------------- 102.7 Bottom of lagoon elevation (feet)------------ 92.7 Freeboard ( feet) ----------------------------- 1.0 Side slopes (inside lagoon)------------------ 3.0 : 1 Total design volume using prismoidal formula SS/END1 SS/END2 SS/SIDE1 SS/SIDE2 LENGTH WIDTH DEPTH 3.0 3.•0 3.0 3.0 319.0 319.0 9.0 AREA OF TOP LENGTH * WIDTH = 319.0 319.0 AREA OF BOTTOM LENGTH * WIDTH = 265.0 265.0 AREA OF MIDSECTION LENGTH * WIDTH * 4 292.0 292.0 101761 (AREA OF TOP) 70225 (AREA OF BOTTOM) 34.1056 (AREA OF MIDSECTION * 4) CU. FT. _ [AREA TOP + (4*AR EA•,,MIDSECT.ION) +. AREA,:,BOTTOM] * DEPTH �, : • 101761 . 0 t• 341056. 0,,:. 70225.0 'Y'4�;��: �=a?i =s''• ��.�»%_ki'!� ,ct. .: t�:a '�- �.r ..<. .^;w t" , r�r'1:�'.'�.. ,�: 5D. Volume of 25 year — 24 hour storm Volume = 7.0 inches / 12 inches per foot * DA Volume = 61614.6 cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. 116316 cubic feet 5B. 0 cubic feet 5c. 61615 cubic feet 5D. 61615 cubic feet TOTAL 239545 cubic feet 6. SUMMARY Temporary storage period====================) 180 days Rainfall in excess of evaporation===========) 7.0 inches 25 year — 24 hour rainfall==================) 7.0 inches Freeboard===================================) 1.0 feet Side slopes_________________________________) 3.0 : 1 Inside top length===========================) 325.0 feet Inside top 325.0 feet Top of dike elevation=======================) 102.7 feet Bottom of lagoon elevation==================) 92.7 feet Total required volume=======================) 715845 cu. ft. Actual design volume========================) 769563 cu. ft. Seasonal high watertable elevation (SHWT)===) 95.0 feet __ __ __ ________ _ __ Stop pumping elev._______________________�__) 98.8 feet Must be ) or = to the SHWT e1ev.==========> 95.0 feet Must be ) or = to min. req. treatment el.=) 98.7 feet Required minimum treatment volume===========) 476300 cu. ft. Volume at stop pumping elevation============) 490260 cu. ft. cr...Art- n11mninn elev._________________________) 100.8 feet Must be at bottom of freeboard & 25 yr. raintall Actual volume less 25 ter.— 24 hr. rainfall==> 707948 cu. ft. Volume at start pumping elevation===========) 679520 cu. ft. Required volume to be pumped================) 177930 cu. ft. Actual volume planned to be pumped=======___) 189260 cu. ft. Min: thickness of soil liner when required==) 1.5 feet 7. DESIGNED BY: APPROVED BY:p<tale'( DATE: /r/�/z�93� DATE: l9/-Zf NOTE-JS.EE ATTACHED WASTE UTILIZATION PLAN - w ry ''x•'. s COMMENTS:— 5. TEMPORARY STORAGE REQUIRED DRAINAGE AREA: Lagoon (top of dike) Length * Width = 325.0 325.0 105625.0 square fleet Buildings (roof and lot water) 0.0 square feet Describe this area. ` TOTAL DA 105625.0 square feet Design temporary storage period to be 180 days. 5A. Volume of waste produced Feces & urine production in gal./d,ay per 135 lb. ALW 1.37 1 Volume = 476300 lbs. ALW/135 lbs. ALW * 1.37 gal/day 180 days Volume = 870041 gals. or 116315.7 cubic feet 56. Volume of wash water This is the amount of fresh water used for washing floors or volume of fresh water used for a flush system. Flush systems that recircu the lagoon water are accounted for in 5A. Volume = 0.0 gallons/day * 180 days storage/7.48 gal - per Volume = 0.0 cubic feet 5C. Volume of --11 cvrpcG of evaporation use p,:, ,.od of time when rainfall exceeds evaporation by largest am 180 days excess rainfall - 7.0 inches Volume = 7.0 in * DA / 12 inches per foot Volume = 61614.6 cubic feet r "IIH:h'�vj, i5 :•) ^t � _�•_yC _.icy 1• • � V•4;.. T4 �h�� �v �.. � Iti.Y/ REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIOAS Department of Environment, Health and Natural ReO. rces "93 Division of Environmental Management Water Quality Section a 3� �9p&"•t�Ty If the animal waste management system for your feedlot ott� 'ra,on-- is designed to serve more than or equal to 100 head of ca,'..ti t" horses, 250 swine, 1,000 sheep, or'30,000 birds that are served by a liquid waste system, then this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly. Farm Name: Batchelor Sow Farm Route 1 Box 129-D Kenansville, NC 28349 Duplin County '919-296-0107(F)/296-1690(H) Owner(s) Name: Manager(s) Name: Lessee Name: —nO Farm Location (Be as specific aspossible.: road names,, j �4.0 direction, milepost, etc.) : From Kenansville, take NC 11/903 N 3:ty) c' 4' ✓ r n miles; turn Lt. at Wesley Chapel onto SR-) 1516 (Wesley Chapel Rd); go 0.7 mile, farm sign post on Lt.; follow dirt farm road for 1.0 mile to farm. (TT=26 min.; TD=20 miles.) Latitude/Longitude if known: QBSP # 16-133-20-25 Design capacity of animal waste management system (Number and type of confined animal (s) : 1000 SO(,cW :±s:fJEi- Average animal population on the farm (Number and type,of animal (s) raised) : > a 1 0 Sn w5 Bcirrvcv - tQ - '{--Itf 5 Year Production Began: ASCS Tract No.: 3a 90 q3o Type of- Waste. Management System Used: _ay)GLe''O6C ICtQoQn c.u•- `l Sol tS s e t rr c; ct`f'� nn sY stee .Acres Available for Land Application of Waste: �7-k O Owner(s) Signature(s)c Date: C` _. Date:.��3 (Jane Mitchell, Serviceman) 3l -5-1o3 Plan Amendment to Include S&WCC Chronic Rainfall Practices and Standards through March 31, 2000 i if this facility can comply with its existing permit and CAWMP it must do so. 2 Temporaty Addition of New Sprayfields (') (Check appropiate boxes,) -- 71 A acres of cropland. List crop op We used: 0 B. acres of hardwood woodland @ 100 lbs PAN 1 acre added. 0 C. acres of pine woodland added @ 60 Ibs PAN I acre added. .. - 3 Summer Perennial Grass (Check appropriate box.) A. ' Application window extended for 46.03 acres of perennial grass until first killing frost 0 B. An additional 50 lbs of PAN applied to acres of perennial grass prior to killing frost 4 PAN application increased for Small Grains & Winter Grasses to be harvested. (Check appropriate box.) 0 A. PAN application increased up to 200 lbs per acre for 46.03 acres of small grains or winter grasses to be harvested. 0 B. PAN application increased up to 150 lbs per acre for acres of overseeded summer perennial included in 3.B. 5 Waste Analysis (Check appropriate box.) [] A Prior to December 1st, 1999 the calculation of PAN will be based on a 35% reduction of the last analysis taken prior to the first 25 year 24 hour storm event. (Current waste analysis must be used after Dec. 1 st.) 0 B. Use current waste analysis to determine PAN. ti 6 Required - Maximum Nitrogen Utilization Measures for Small Grains and 1Ninter Grasses. A Use of higher seeding rates, B. Timely harvest of forage to increase yield, and C. Irrigation during periods of warmer weather. 7 Required - Irrigation Management Techniques to Reduce Runoff and Ponding Potential, A. Making frequent, right irrigation apprications, and B_ Not irrigation immediately before predicted rainfall. 8 The owner I manager is required to manage the movement of animals to and from the facility to minimize environmental impacts, ensure compliance with the facility's permit and amended CAWMP, and avoid discharge to surface waters. 9 Authorization to use the additional practices included in the amendment expires if a facility discharges to surface waters. Any discharge is a violation and may result in an enforcement action. 10 The owner / operator is required to keep records of all waste applications. 11 This revision must include a map or sketch of new land application areas. Facility Number 31 - 563 Batchelor Facility Name Murphy amil Farms Krai Westerbeek Facility Own 1 anage e R Technical S ialis me ITI Facility Owner /Mana�qert­ure i ethnical. pecialist Signature Date t 1111l99 Date 11/11/99 This document must be filed at the SWCD offict; and be attached to the facilities CAWMP and be available for inspection at the facility (') New temporary spraylields must meat applicable buffer and setback requirements. Waste must not be applied to wetlands. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose Hill NC 28458 Dear Murphy Family Farms: IoAILF!W'A 4 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 31-563 Duplin County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY], DRY2, DRYS, SLUR I, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerel , Z Kerr T. Stevens, Director Division of Water Quality cc: Wilmington Regional Office Duplin County Soil and Water Conservation District Facility File . 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Revised April 20, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number e-�` - Farm Name: S , w On -Site Representative:- r_S\ L Inspector/Reviewer's Name: Date of site visit: Date of most recent WUP: ( 1 Operation is flagged for a wettable acre determination due to failure of Part 11 eligibility item(s) Ft F2 F3' F4 JOperation not required to secure WA determination at this ti a based on exemption E1 E2 CEJ E4 Operation pended for wettable acre .- determinationbased on P1 P2 P3 Annual farm PAN deficit: pounds Irrigation System(s) -circle #hard -hose traveler; 2. center:pivi t system; 3. linear -move system; 4. stationary sprinkler system w/permanent pipe; b. stationary sprinkler system wlportable pipe; 6. stationary gun system wlpermanent pipe; 7. stationary gun system w/portable pipe PART 1. WA Determination Exemptions (Eligibility failure, Part II, overrides Part I exemption.) E1 Adequate irrigation design, .including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and .D203 irrigation operating parameter sheets, including' -map depicting wettable acres, is. complete and signed by an I or PE. E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. E4 75% rule exemption as verified in Part Ill. (NOTE:75 % exemption cannot be applied to farms that fail the eligibility checklist in Part 11. Complete eligibility checklist, Part 11-.F1 F2 F3, before completing computational table in Part 111). PART 11. 75% Rule -Eligibility -Checklist and Documentation of WA Determination Requirements. WA Determ_ ination .required tbecause-operation fails :one of.the eligibility - -- - _ - requirements listed -below: _ F1 Lack.ofacreagewhichTesulteddn:over-pplicationmf-wastewater-(PAN) on:spray- fleld(s) according-tofarm'sdast-twoyearspf:rmgation-xecopds. F2 Unclear,: -illegible,- -or lack ofinformation/map. F3 Obvious -field —limitations -(numerous:ditches,failurefo:deduct:required ------ bufferlsetbackacreage;mr2b%':of#otalacreageadentitiedln-LAWMP::includes _ - small, -irregularly -shaped fields =-fields :less than75acresfort-avelersmrlessfhan 2 acres for.-stationarysprinklers). F4 WA determination required because CAWMP credits feld(s)'s acreage -in excess - of 75% of the respective field's total acreage as noted in table in Part 111. Revised April 20, 1999 Facility Number - Part III. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT NUMBER FIELD NUMBER',2 TYPE OF IRRIGATION SYSTEM TOTAL ACRES CAWMP ACRES FIELD % COMMENTS3 - i I i FIELD NUMBER'- hydrant, pull, zone, or:point numbers may be used in place of field numbers depending on CAWMP and type of irrigation - system- If pulls, etc. cross -more -than one field, inspector/reviewer will have to combine fields to calculate 75% field by field determination for exemption; -otherwise operation will be subject to WA determination. FIELD NUMBER' - must be clearly delineated'driiriap.---- -- COMMENTS' 'back-up fields with CAWMP acreage:exceeding75% of its total -acres and having received less than 50% of its annual PAN as -documented in the farm's-previous -two years' (1997 & 1998) of irrigation 7ecords, cannot serve -as -the sole basisfor-requiringa WA Determination:hack-up:fieldsrnust-be-noted in the -commentzecfion-and must be accessible by irrigation system. Part IV. Pending WA Determinations - P1 Plan -lacks:foliowing information: P2 Plan -revision -may:satisfy?5% rule based on adequate overall PAN deficit -and by adjusiing-all field -acreage--to -below 75% use°rate P3 Other (ie/in process of installing new irrigation system): JUL -1 71998 MURPHY F AM I L Y F A R M S July 15, 1998 NCDENR - DWQ 127 North Cardinal Dr. Wilmington, N.C. 28405 Subject: Notice of Deficiency at Batchelor F 31-563 Dear Wrenn: Murphy Family Farm's staff Technical Specialist Kevin Weston revised the Nutrient Utilization Plan (NUP) for Batchelor on June 4, 1998, but had not yet left a copy on the farm because he was awaiting the results of some in-house surveying. I am enclosing a copy of the updated NUP that. includes all current spray fields. All spray records will coincide with this plan's stipulations. If you have any questions, please call John Bizic at 910-289-6439. Sincerely, John Bizi Land & Nutrient Manager JB/mt GAJB\V;MN.DOC attachment CC.' Harold Jones Sandra Weitzel Garth Boyd Robert L. Matthews State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality July 6, 1998 Certified Mail # Z 312 648 152 Return Recgi"equested Mr. John Bizic . Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose HUI, North Carolina 28458 AT.: ' NCDEiTR NORTH CARoum^ DEFARiMENT or ENVIRONMENT ANo N,aLnAL RESOURCES Subject: SECOND NOTICE OF DEFICIENCY Batchelor Sow Farm Facility Number: 31-563 Duplin County Dear Mr. Bizic : On June 30, 1998, staff from the Wilmington Regional Office of the Division of Water Quality inspected you animal operation and the lagoon(s) serving this operation. It was observed that waste had been applied to fields not listed in the Waste Utilization Plan (WUP). Based on an August 26, 1997 inspection by DWQ staff, a prior Notice of Deficiency was issued for applying waste to fields that were not part of your WUP Applying waste to fields not in your WUP is a violation of your Certified Animal Waste Management Plan (CAWMP), and subsequent infractions may result in a Notice of Violation and include a civil penalty. All fields on which waste is to be applied must be listed in the CAWMP. Waste application to the fields not in the WUP should be discontinued until the situation can be corrected. In addition, the correct PAN loading rate for the small grain overseed should be used when calculating the nitrogen balances in the spray records. We suggest that you contact your service company, local NRCS or Soil and Water District office for any assistance they may be able to provide to correct the situation. To remain a deemed permitted facility, you must notify this office in writing within seven (7) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status, requiring it to obtain an individual non discharge permit_ 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Bizic July 6, 1998 Page 2. Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Department of Environment, Health and Natural Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation. When the required corrective actions are complete, please notify this office in writing at the address below. If you have any questions concerning this matter, please call David Holsinger or Brian Wrenn at 910-395-3900. Sincerely, Brian L. Wrenn Environmental Specialist cc: Harold Jones, County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Dr. Garth Boyd, Murphy Family Farms Operations Branch Wilnvngton Files S. IWQSIBRLSNWWEF981DUPLIM31-563-2.DEF . e � -:-: .. n-.v:....... .. ....:...., Producer: ML1RPHj F,&mmy FAxMf - 8ATGHP-LnM- F-i4�M Location: Iei. i 16x 12,) -a eF_,Wl'l5VILLE. , NC z8.7C/7 SR ►s/G Te'lennone: (4,o) z 9to - bra 7 Type Operation: FAP.Z&w - WEAN N gab er of Animals: ze, 3 S (Desigzz Capacity) Toe waste from your anianal facility must be land applied at a specified rate to prevent po ��udon of surface. and/or m-oundwater. T"ne plant nuzdents in the Animd wale shoaid be used to reduce the amoum of commercial femlizer requixed for the crops in the fields - whezt the waste is to be anpHed- This waste utilization plan uses nitrosen as the Em�g n-L ent_ Waste should be analyzed before each application cycle. Annul sou tests are ,=o-a eucourazed so that ail olant nutrients can be balanced for reaiis�c acids of the croo _o be =own. Seve, al factors are i=onaat in b=lementma your waste utili=tioa plan in orderZo r-- - . ze the fertilize. value or the waste and to ensure that it is applied k an en,rir o=entaIiy sate rnan-er. Always apply waste based on the needs of thhe .—.op to be and the nutrent content of the waste. Do not apply more nitrogen. t :a the crop can u ::ize. Sufi types are i ortant as they have differ�t infiltration rates. ?esch a pcte=riaLs. cation exchange capacities, and available water holding capacmes_ -Normally was-,--- shall not be applied to land eroding at heater than -4 tons per acre per near With sp eciz% precautions, waste maybe applied to land e-:od:—,-z at up to 10 tons per acre per Vea_- Do not apply wale on saturated soils, when it is rab:�g, or when the s,,=.- ce is frozez- Either of these conditions may result in runoff to surface waters which is not allowed under DEM remotions. Wind conditions should also be considered to avoid drift anal downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a °-owing crop or applied to bare ground not more thaw 30 days prior to planting. Injecting the waste or w-ill conserve nutreats and reduce odor proble=s. T"ne eszimated acres needed to apply the animal waste is based on typical content for tbi s type of facility. Acreage requirements should be based on the waste analysis repo.,- from your waste management facility. Attached you will find information on prone. sazztnling techniques, preparation, and transfer o£waste samples to the lab for ar ai sis_ T'ais waste utilization plan, if carried out, meets'the requirements for cO=Eance with 15A ;tirCAC 2 H_0217 adopted by the Environmental Pylanageme-nt Commission. Amount of Maste Produced per Year(gallons, fr�- tons_ etc.) ZD 3 S nniTnalG � Dq(a °ol waste/animaYyear = /z 393 ( ) waste/year. Amount of Plant Available Nitrogen (PAN) Produced Per Year za3s animals X 4�1 lbs. PANL/min= lyear = to9 9 lbs. RAN/year. (PAN from M C. Tech. Guide Std. 633) Applying- the above amount ofwaste is a big job. You should plan time and have appropriate equipment to apply the waste in a tamely manner. Mae following acreage wM be needed for waste application based on the crop to be gown and suzface application: T a5lz 1: ACRES OWNED BY PRODUCER T'rac-, Field Sou Crop Lbs. N Acres Lbs. N -Month of No. Tyme Per Ac. * Uti ized ADDlication T i 1 r I Fe A text,,,. (" 3oe> I ze. F1 I -.-&113 JAUPL'x - filer. T 1 I Z I, - RA Z» . S f hO y I Z99 4 iMg" -Oar. i I I I I I 1 I I I I i I f 7-1 I^ A"y F.A - A-3 I Zre IRrE wo.s Moo 139. z y 1 3 9 z y 1,<dM I I f I I I 1 I I I I 1 I I ! f I 1 I f I I I ! I I I I I I I I I f Total 3 9. z Y I , r se. ` This N is from animal waste only. If nutrients from other sources such as cansn-.erdal ferzzli—r are applied they must be accounted far. N mast be based on realirtit v' e rec:anion. NOTE- The applicator is cautioned that P and K maybe over applied while mee..ng the N requcremcerrt . Beginning in 1996 the Coastal Zone Management Act will require far^ -.ens in some eastern counties of North Carolina to have a nutrient j=a-nagement plan that addresses all nu�ients. Dzis plan only addresses Nitrogen. Table 2: ACRES WrM AGREE. ENT OR LONG TERIM LEASE (Agreement with adjacent Iandowner anus: be at=hed) (Required only if operator does not own adequate Iand (see Required Soecifcation 2D Tzact Field Soil Crop Lbs_ N Acres Lbs. N Month of No. Type Per Ac. Utilized Application I 1 f ! 1 _ i 1 ! l ! i i y i i I i 1 1 1 ! 1 1 ! I I 1 I I ! I f 1 1 I 1 i I i 1 I f f I I I f 1 f I I I 1 I ( 1 Total i I " See faotnote for Taole 1. Totals from above Tables Acres Lbs. N Utilized Table I 31). zY ) S4L Table 2 f Total 31.2 Y Amount of N Produced is 9 TI Surplus o Etch y NOTE- The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application o{nutrients or other 3 Sze arrached map showing the fields to be used for the utilisation of waste water. Application of Waste by Irrigation Feld Soil Type Crop Application AnDlicatian No. Rate (In/Hr) Amount (In.) F. 1 �3 RMa.aA U. Z 4w3 - F.A o. s 1 N-r I"F.A- Aka RYE Are:2�f D, <f ! C L ABLE NCT NEEM) _ ,WAS :S NOT SF�'*iG APPi= 3Y UZ OA__o: i. Eo6V 4 A 5�.f_1R- iE = IIl. n der :—EM FOR DRY Lrr=7OR_SiL3ILY. You : ac city is desined:`ar/f days ofteruporary storatre and the tenmorar; storase rmi.s be removed on the average of once every INfONTHS. In no !asmms should the volume of waste be±Q stored in your structure exceed Elevation 44e."A.,Go#uGE Call the local Natural Resources Conservation Service (formerly Soil Corszra:;an ServfczJ or Soil and Ware: Conservation District office after you receive the wase anal-,, :s report for asarzance in determinin- the amount ve; acre to apply true the proper application rate prior to applying the waste. Narrarr: e of operation: A,ec.o r x,,e,5 a,f ��c..r 9 of ,Qz < „� / �^ � P?., SNP AcR--,4afS .ORB 1XAF&4r/lit.& . %RI=1G4 Ty n.+ Rac rro.rif l-7 4XE �r ee-P / 4&0 qO071mcs, $-// I'+E[D Z. . Avz ax At, pcoees '► !St o✓Er�fffnEa c.r.*a �t'Y yr6F�r� Foe "•rrt,� APPc�cArr•� 4 RE-QUaFD SPECIFICATIONS I. Am mal waste shall not reach surface waters of the sate by runoff; drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohfaiten 2. There must be documentation is the design folder that the producer exher owns or has an agreement for use of adequate land on which to properly apply the waste. ifthe producer does not own adequate land to properly dispose of waste, he'she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowin; him&er the use of the land for waste application It is the 7resp onsbility of the owner of the facility to secure an update of the Waste Utziintion Plan when there is a change in the operation, increase in the number of arimal method ofutiUmdon, or available land... :3. ariimal waste shag be applied to meet, but not exceed, the nitrogen nee^ :`brrealistic crop yields based on soil type, available mois=L e, his-c-orica. data, cUmadc coad;ons, d level ofman aset`ent. unless there are re-gulations feat restrict the r_ze or application for other au menis. �. T--zal wale shall be appLed to Land erod n. less thau 5 tons per ac.e pet ;err. Ur as-4e may be applied to ]and that is eroding at 5 or more tons, but less -Lh la tons p r acre per year pro,,iag grass filter strips are ihraiie3 where runoff ? aves the fiel& (See FOTG Standard =9: - Fu-ter Strip). Odors can be reduced by injec-ung the waste or d��g after waste app" on. Waste should not be applied there is danger of driE. from the irrigation te.L 6. ti�i pea animal wane is to be applied on acres subje= to flooding, it wiH be soil incorporated on conven-donaUy tilled cropland- When applied to conservation triHed crops or grassland, the waste may be broadcast provided the application does not occur during a seasoa prone to floodiaQ_ (See "Weath- and Climate in Nor-.1h CaroEua" for guidance.) 7_ Liauid waste shall be applied at rates not to exceed the soil infiltration rate sac: that moil does not occur offste or to surface waters and in a method which does not cause drift from the site during application- No poadiag should occur in order to contr oI odor or flies. $. A..; waste shall not be applied to saturated soils, dig rainfall events, or When the st::�5ace is frozen. REQUIRED SPECIFICATIONS (continued) 9. Animal waste shall be applied on actively growing crops in such a manner tat the crop is not covered with waste to a depth that would inhibit growth_ The potentialfor salt damage from animal waste should also be considered. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils w.iTh a high potential for leaching. Waste nutrient loading rates on these sorts should be held to a minlTmim and a suitable winter cove. crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop -or forages breaiffi; dormancy. 11. Any new swore faulty shed oa or after October I,.1995 shall comply with he following: The pure: perimeter of the land area onto which waste is applies rom a lazoon that is a co=onmt of a swine farm shall be at least 50 feet from anv rmideatial property boundary and mom. any perennial seam or _ever (other than as isadon c ch or cant L,—,l waste other than swine wale from facilities ,sited or. or alter Oc-cober 1, 1995), kaail not be applied closer than 25 feet to perennial water. (See Standard 393 - FUt--- Sys). I2_ A -,imai waste shall not be applied closer than 100 fee: to wells. I- . A—ainaal waste shall not be applied closer than 200 feet of dwellings other 'tH= those owned by the landowner. I �Vaste shall be appL='ed in a manner not to reach of ter property and pubLc rzLtMof- ways_ 15. A=imal waste shall not be discharged into surface waters, draiaageways, or wetlands by a discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "txhnical s-c ecialist". Animal waste shall n6t be applied on was ad waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at a=" onomic rates m a trinner that causes no runoff or drift from the site. 16. Domestic and industrial waste from washdowa facilities, showers, tofle:s, s;a , etc., shall not be discharaed into the animal waste management system REQUIRED SPECIFICATIONS (continued) IS. If animal production at the facflzty is to be suspended or terminated, the owr<eris resp onsble for obtaigm; and implementing a "closure plan" which wxi eiiuz ate the possaoiliry of anIezal discharge, pollution and erosion 19. Waste handling structures, piping, pumps, reels, erc., should be inspeced m a regular bass to prevent breakdowns, leaks, and spi;Ils. A regular maintenance checklia should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and oth- coos for direct human consu=tion. However, if aniTnn] waste is used on crops for =- ect human consumption it should only be applied preplant with no further 3DpHczdm of anmal waste durin, the crop season. 21. !, drhly visible marke , shah be installed to mars the top and bottom e:-z&as of the e=orary srorasre (nu=inz volume) of all waste =earzneat lagoons. :hQ dllill be managed to mainta-�a- the liquid level between th-a markers. A marszr will be required to mark the -ri?dr T,r, storage volume for waste storage ponds. 22. W ase shall be tested •,�,irhbt 69 days of utriization and soil shall be tested at least annually at crop sires where waste products are applied_ Nitrogen shz2be the rate- detez==' g element Zinc and copper levels in the soils shall be mon Lored =d alremative crop saes yali be used when these metals approach excessive lvie!s. pH shall be adjusted for optimum crop production and maintained. Sots and wasze analysis records shall be knt for five years. PoultL r dry waste application :-words shall be maintained for three (3) years. Wasteon applicatirecords for it of e: waste shall be maintained for &e (5) years. 23. Dead animals will bedisoosed of in a manner that meets North Caroliaa re_gnIations. _ WASTE UTILIZATION PLAN AGREEMENT -eva- -a of Farm: r%+iZA'\ C4vnsr1Ma= EP Ao 2e11I212 I (we) understand and w$ foRow and implement the sp ecif cation and the operation and maintenance procedures established in the approved animal waste utMzzdmplan for the farm named above. I (we) know that any expansion to the cxist?ag design capacity ofthe wake treatment and storage system or construction ofnew faciimes wM req= anew cerdacation to be submitted to the Division of Environment Management (DEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface wasters of the slate from a storm ri= less S�•Je� e than the 25-year, 24-hour storm The approved plan wiH be fled ou-tee at the 5= office and at the once of the local Soil and Water Conservation. Dis'c6r, and wRl be avaiable for review by DEM up on request - Name of Fa Sz�atu: e: N a=e of Si=arure: Owner'. MNzpHY FAK«Y FAr-t,5 dff-e:eat from owner): Date: Ll f-1 0 V Date: Nanxe of Technical Spe-.iz&,� (Please print) M. E v.M W & rro.,J Aff dadon: oz-Lov FAM14Y Fr1RM5 Address (Acreacy): t�.0 . 76,,. 7S 9- z Sias —. �.� Gt/ Date: ti'�9P ANMAL, WASTE UTiLIZ -n N AGREEMENT (Needed only ifadditional land has to be leased etc.) L _ _ - , hereby give pernisQon to apply anima i waste from his Waste Utilization System on acres of my Ind for the duration of time shown below. S understand that this waste cnmains nitrogen, phosphorous, potassium, and other trace eleme=ts and when properly applied should not harm my land or crops. I also umdmstmd that the use ofwaste wMred= my need for caxamearcinl fertilizer. s' . Adjaceut Landowner. Date; Was= Producer. Date: Techical Represeatatve: Date: SWCD Representative: Date: Teztz of Agreement: _ , 19 to 20. ( mmwn of Ten Years on Cast Shored Ite=) (SeeRegwred Specifrcalfor. Mo. ?_) 9 Vole 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. y Monrh of �= No_ T e Per Ac. *` Utilized An Iication I ! I f ! ! I ! f I ! ! I I I I ! ! I f ! ! ! f I I I I ! I I I I I I I 1 ! I 1 I I I I ! I I t I ► I I I I f I ! I I I f ! I I I f I I I ! I I I I ! I I f I f I I ! I I ! ! f ! 1 I I I I I 1 ! 1 1 f I 1 ! 1 I ! I I ( I I i I f ! f• ! f 1 I I ! ! I I I I I I ! ! I I I I I ! I I I I I I f I ! ! 1 ! I ! I I ! I I I f ! ! f f f I I I f I I I I I i I ! I I I 1 I t ! f I I ! Total We Batchelor Farm IIP�S # Routing Flow Rate Acres 2016 1 167 4.23 2 167 4.23 3 167 4.23 4 167 4.23 5 167 4.23 6 167 4.23 7 167 3.43 8 167 2.64 9 167 2.64 10 167 2.73 11 167 2.42 Total Acreage pumped on 39.24 Page 1 ••.'F' �,y t' `•j,l"i:i 'f,I ✓l[ irrr fir. , 1'•'1 _��•"' � J�: � •• r1 I •,f .• •'S ,'� ' � {��f• � ' -! �rfi��<�•a�w'F.�L't-y��••� •�•Ir?�i G Y'r �� " E•�t� _ r: t ►:' S.i.• I. Al j� ` r�• �t � , M f� ��y�; � tom' yi: t�(�4' ,.I , �r � x�+r�1J� y rR� : C'.'Y.iY���i-� �� �, ��`� F��}�-L1J;�' ti�r�i �.x•.4=��' E;''Y�. 41 PA rq ZI �T. � E:r ������,��f�,,;��r r�'�xa+r` �",�LL�����:�{?`"" r'�'r... v:y. �f �'f %J.. .r � �1`'4��;•►�., �] l� ' fV '� .-i•� ���'S4'S.'• i•i:w. fj iy� dr ' ,�} r� ` •�., Yt tf. L �k �1�N`'7►: ''"� � .rlr''}'� �a•�j f�^'�: '' r5S'F *, fk ti:. �'� �� c'�•�+- �� 'tl�r�a1• E.U' : ��: � i� i�� fj'y ��� JC �tJ � . , I [. G. �+rr� .�� L * �• r � �� '. � Il �" f "., fl ��,•� } S . .Pun L-? ? , s i:a�' °� 4 jR((++�r''3 `► ` 4w' llt' "�"�' �'" rr ,�;' ;'�Jr� `4 i-� r' ^ •" ,L` w }kkk ',1 r .6 a ''` :4 r ''•�, 's'[ Poll - LP LL 1� � '? L 41 i 1+ •� Ct 11 '� �,�, 1 1 1 ' �• � •t —� � ',r��}..��Ja � L 1` O�ttt• - � :i � ` k.-'�i+�.��`ir .F s��r� ! �• J .w ��!F 1 � � fix' ; : �•��` •�, �, �• '� if �OLLL ��'�r , Imo' , 1 �� .+i• ��'J �•y r r �} l lit It I Z �1•. ,r., yl••1 , , y7�� rg. 't±l t rrr i}'~d { , .i� 1 �•S t r I, � tt��xf .iJ'�4, �, ;�! r�� .� �.��j � �� 74f.' r fi `, ������.fs�� x• � �.0 11. 1. �r� �' .. ..�•..;.,�- •� 't+��'��!•►. 1w L{{ �,',�J,�l ,+<t ,� 1 � �,�., '� rt 3j. Y .�Ckvr r •r�. '�Z i _ 1.)�L� .. �rtr.�l. JI,1u��Z.Ka �..5.'�'�'i.lrlt. • .,� { .�i•r�t• «ti',,$•'`•�.;R t „,'.I'i1• ` r -; /' • l „w� , P. ,, r I rr r fir,; •'#\� �l I�1• \ ` ,�, _.,7'''3�C..h`r D*51 ,' � u4 R r� T'�>r L 1 fir.} e :.+. - t ` � \ {sty � ' �a'� ti�..%''1'�,'•i < rd 9 r t 3 r -+'� i c •�• �-aQ .S �� ` \� jT� ,� ly � ta” J,'? rn-•. sJi r.� r •r `r' „ p t �•� \7 �''�. a 'Z`�• � o.,-+�, r? 'K CYO/':4 r. , • r- "� ' „1 »' I \ a . `_' ' '�rT ±r.! r".•. + ,e N.t 4 r..:r .., yl,,. � 1 •�.', t, h� -, ''�'Y � !.`:•'1� }' 't � 1 \\ ` �� \ V �,\ 1� .•: f �^;')t'�'=,� ,I', t• y.. F.• ` t ... ,J' I �\V r't ^ - •r f S i �'f' � �r,. i._ :•,. r � �1.; 's.jt "...L-•4' 't ♦fir •f � �v .T _ •'r , ,— ., / ..'yn,4 r.:. f! ,i 4 is , .Kti.•. `tit 't r '.•!�r-•1�,�,`:. ,'r•f ' t � r'.Y •F �' � . �..'.• 1! j�� \ `\ •+.a ,..f� e.7.'• �:.•P ra' rM1. w.: .`•�r�h-'-r• ". _,yyn� '�' ; �- .a• ^ C \��`l' ' ,i• `•' r � 11 t�:- a .-1 .s r•• s . �^ : cr •, z K;,.! `.,� / u ,c7A r , w r...�' (. ► r �' ' I + r }'' : iJ' •I .i ��":, �.� `` r / �:r• /' (� (a ��,; r. t.°►�!�•' •?` .,rr• !R'. !,�r i. Ir. yrr A'. '� ;,.. r4'.'f f' :!r`;-.t `' R:, �/,.1 Q ,♦\ w r r•'ll.'kr'�r.'•: } .r ti+a Sf s'. al ., �,f .v', fi 1 •-r /� �. ' .'<. i... i f ►3''•1:' y'�r , •\ I .l ^'v; .�. f� `.[. \ -r, `_r, +1:.'y '- ,, S'Iiy''r 1 :r '�. ix,*+ 1�V�f j:► r.�. �+tt •t..� +�'' •ti •, r`� Q�r��r • ; f 1' irk r .' /• . r, . i .1 r•.r = `.•'•! I ► C, r f k .f.. S f' . r<� . ,.�..'r.•� y 1.. { ••.' `n( vl! I?�4 / r ' ' / . } • ;i�r=, .; `' F' ' er:r r` ! • A� aM1 ,f r � :. IY.'" !•�'i^'�'' :Ir[:'ly:;r• :i5 i-pr• fv'�~'.F,..Y,..r,C,���: 'j' � I{/..•�•G?.l�' 'r�°� y�'�rat;,.' � � -'•1 yiL�T,� ,.I. ,�y:lr•!-.,.n ,Sr�. � ..I,j.� �••:.s ) � 'P r`i Vie'4.. ,Ii' �.-��,r •.1` ..xx `� 1 • ♦ ,. .c',tI �j r.;•v !fir':{.'• •'4•�.C� +M.: f�.r '�� _ t�:'i�Lr •w!'. 'rt [:!�..�' �. J', �, r1 �, �,3,,. 1:�, ��. ..1 :-ti, f \� -! lrj� :� ^.;J.a'. ilG f _ a? r--'S•'.-r- iM I ,R 7' `a.�-::' "Y r`ta,}�+w 17� •�:`f 1 j,�:%jr`ir£}•'r l.•: .y;1 • ,� \l• Z�r t • ':h.}.if= ` ',' e� it i .., t *, yt. .. tt_ , r e+ <.t.•r � *+e / r7�.r, �•;',i.;* { { \. LNti 1�, w *,y[- ^, Y V }} +i �•y.r, � Jl•• � ..: i y•?!•,rr ��, P. SSry� :� Fr,� !. �'.;. -i�c. , f ..,, , r. `�- �' -.* i.. _ r..,y , +,1(k-: +��, i +1�' c � r, i.\ rr y•r �.� f.� a,Sas rJ /�t�a. J �. f �/�r R �, 1? �• i ,,t �f. F7' ,->n 'a•�L."ram �sriTdy� r'y �.:� F'• l' +v f'r' rr �' Z r . ".�I+i ,' I '!/ } � � 1 ? � / _ �% •/ "i �' � w��.. vrL,Y4r...i�'Y' a,llj ;� '► .-'f�'' � ,•.,,•.r_ ��'.:. :�;:;- '7se.N•'+•Y`• � _S �X�lr•.::•��7�./ r � Q f� `,['� s _ .�' ��, j,�i ., . r t _ ., ,, s • + ..et �• 's r• { K.A (f ....r, ir:�` ' a• • - :,,'i J';:' v. Y,.yt rti \ I.`:�. -f , ,1 �'yr - .,a 1. ,. f ,. f','... a; ,• -C'.: :'!. .rw .+, • r.. �4t1'♦' wy..-r •'1 R n. t: ..y[."'l ra:l' a"y-�' , � f r .,, .,rr , . r ,4y •,• r..:r : r Jr• r i ✓ - :? tr :.r ; r. r 1 (`•" •}l�= ,.,' j N,� / � { � 1 9 fV f, r h va �� '[ -Y : , i r r .r r , -, + � '^ t r e.'a • Lr:. ! F•: • - •. 'r e, ' ir' - � «. �^ '�f L} jy \ \ � � .�.�(rr.+ _y. :i,.�t'!'.'ir r- �k•.' � a/�" ..� ��.;t,. }�.•:�a .4•. ..i'•••�•`j' '� �:0 .,v f( '1,� I :� is �'1!Sy,l'i L�� + yr� .•. „r ���• ` � ,.. +� r '^^^"" ��� r � I/ a' 1:'�>��.'+�„J. rr�r ° M• ♦?'� Icy ,, i1 /.• �...•.� '.: ,a,ti'.;•�=fir: r. /,r�.� \ Iiri`,Y�,j.°% f w�, \,[�A1 1 .ter + f.r i":�f#1i� ,rl .:F,':.'. __ •ar•�.:.,.L• j`]{"'. '/,{1/, �e.�.�ryr ;�'. r•t„yt;'�.•f �i �` i• �f�' !/I'4 '•f.i '`'�':.;�'\ . fit•,')--. ,f Ya•r/r"{f - .l tiY�r x�,i. '�'fr; :J �}�} w;::''�r ,l �: •i +,1 •`.'.'_:: i�,. .' �• t 1 r � ..'I '+' •! Call.', i fir•• �. •'"•,w. `.� :+ If., +^ ,w_ ' �'..;•', r• � r. ' , .. , "'•!`�.-.��•� :Ix ,,. '�.j ...' `• 1 �,i •: :'��' 'i' y'''T: .•M.r '(lil .i• -�'d• •," .:.,�., .. ..�rlrtl:I - `: ... '.•-.�i+'wLl..r's:�:+f..•.r. , �tiyty-�.. r t 1',•,.. ,•t` / .17�lr' r ar ,•'t. l;,,'�'�.¢..�1�••,it���aa' it .yy' y. ��.' aa. •r. 1 Y S �� r+!�+Ily� r �r1, s.,♦� '/.f;: L tom ..+y {{ •"y r.. '♦ .rw^,.I'p :;i J .C-,.. �'e,'"p ',;ry `` rf.3 7 �'. •►. �.��:+C1' ■. !��+j •1 , •/{r :•r:•''f'� �.r i1..?i r1•{' ♦ : 1 �°'� !''{r• ,t • I a '�!`�ti • � ' I''� �, �'1•rr�l: i'.�. •.�¢. Il}. �•► r � y� �, 'y.>'_ •i;., '1,. �.. -.f � �r�,•'y I'1��1 r+" r� � i y�1 �v i. % i�41ir�'r r �'1+�' '. �,V yti. ?C� _Y; "'{ • i..• r r C.,. I �,: }F r"? + .. •�r f, .r0..: j`' �1'!� • j '( �,[, _� 1�.:/� �., .C}_a.. •.� 1. , y \ ly f •.i e�14�4+'�����1ASt1~� S'�'J' •'r LR ,•` i� ;��: �'�`�C• r'� �• i '.�.a ��l..,�.,'�:•• ,c yi +~�-;�"J� .mar--�, � .r (\ � r,` �, r .� �/� !v 1 ��' ��[.�h �ti,r„�,„(��iiM -/+• !/. f��ra ��. k. l+ .r•,.. r;�, �..--..� rat•'t. i '. w �_ i 1'•�'M ' •4}r ''1 :• :,.1 , `��".' O � � tf ., t `..',� I !� nJ• +. � . r"'p!1 v ,•*�' . Y; •.� r •`'1 ....- _„ .. .�_.• - .�; ,, �V rr� ,I(' =' ,' i:. 1 ' •' 1 , �� � + f" TA\ 1 `1'��i' �• �:i}tr�,:: ,? •�' f ., r M[r..;';x`:�:-� • tt.' 1�-fir: t+ ��:.•,-:'3/�'(L:�,: , .,, rr,'r .��, i j�,r I,,.V�1 '(r ::� 4`y i♦• � r•. a�, . I, :`vr. :� ` '� ;'t �„ ;n:F xjF- r•S' 'S-• r''�..r :i••.�, n ».r.•• �,. • _ .^ • ' ,:'�I.r :� a'f 'r, : '� - .' --! ♦ a •ry'r•t, rrr�S_iv�'r i.'•'+' k.....t.._ ar,•r/ 1 R �rlY r� '�!+-a+.+ i� .*,<i rt(':'r'r �.� i;'et:•/ 1 `O , � -. ., ~F�;.11.Sr�J•eif .s!"' l:;yi: r•[ ..i i l: ts-•. tf.+ `��.-si,;f" J-•r` { 'r.i :i:• _ .,r .��/ !►fir fir:. ^'� S L•r f• •�:,�� �� , ra; r' "r f .•r �f ''.x:�' 't' �. r"+t ^�,;,., k.>. { : ,� K.•.•f•`�a" ' ti�-� r. _5� '.:' �fj• i - tico• f :,,f.• r��r:/L"`/'.�f'Ws .�,t'r.. i�.w. .�tt,, i 1�• ,1,� ..w. r•rr (:T F'�.t ✓..,"ti i.'i:, y•'f',. r� Y�� '•� s(i•! fi•. �1 y7,. ��:.1. _ •r. ilf .-,4 .. �?...,y;v. Y'7'- .%, '� �:�:: j' h;•Y J� y s. .1 i r�{f h,�7::,.,.'i I C1� �1 ��/ ' •�1 ��'��'.tf��I ji.. "' i'iy;.►�^yi .,'3't try`• r y.,F ,, ./,��j' " !�"i.�� .r: •4h /i .•% �,7 ''^L "i11..' ••:%•°•, .•� ii '..� IW Iyti 'Y,'Ysf..; Y P.r .. �' i :4 f f .li•.,y r f ?' J i tl .1/ ,i., .' /� f.•'• .. �;J�`;.�' �ry�r�'• ',:e= ;A��}`,,� `�.:Cr�-:'.n•'�'�e'•,'• r •' ���"`�'��p,�,�"~r�•'��� Tii�i t� , y j'.I•rlri.li+�: r lir C_� ',',y"„'� .'! i�,'�' C,i �^r,�rTn r'.. Shy, ... ry:r „yr � yr1. '.;'.-._'� �. r. .� �• � 4 �.�%. �• �• M ��rr�-� .r ,: r. � a � i�' `_ -� i: �4� �.��?. *� �'•c'••5i � �.f�t 1 R � ;F � r .. �';wn , ,,,r. � �"' h.y {.f.e' r .1 �' 1 �I � 1 ''TC,. . �.��,%• :a' 'r '�' .r.-�:?.t•� ti'k i -: .. �,• .1 �.�� {,v ,liwt a:•.'�', �: `* `/ ./, �% T. - if 1• r^.� sic':i:ri+t ,`.!�'-•+•r2•.^':..:, ",;=irF i.''r�-' r ,�}' Ise,' T ', �.�,•I,...,^/! ��L ..t4 V f..A� w _ .•'''r.r rr:' !• a ',�'' a J "'1 t ary4 •�t II '�F.',s 4 i M ."� R•. Y} Nr `r, 4 •, "�'l' �r r J „r ' .' � !, 1 i yfi �! a°y.,: ,+r ni{•:, r� �, � +i i;•' -!� •• � �.��^••:!!a •lt�"I.e'S".• � �'�.e ly .'l .'�+' _'r•�,.'.' ,.., .►,..,. -r;; f r r�...rr�,,6=.+1,?r:A•.1 TA '1 \ •` Y - j ��� {1-S.,Jr:' '' ,�_.�,• �'r,fi,.4f .+r.rr�•`;rr•J1` f %r'K "i:�.'.• w� tl�� �. rti . r'• •` %- n..: ��,,.:• ,i1'="•' ..;, of :,�".%�•sr:1 .r! :',,r r,� �� •L°r �;'t .r/ $C:l gst `�i'Slt, �S+i !�, �'�` f ,•�' • .•�•1 e_ �_`+' ?� '�- ,r_r •nN� f rr; 1, r !'s-1 .F .) - r �4 _:f1 :,.sf ...f•- L �..:f ?'4.' �'.. ;, • r . z : r R r't: i if stir .. '+ 11< .!� +.r. Alf, �.. �.,: r rr 'i•C•, .Y' �' ,: ,: '�i •'i r.,�,. n:f t .Iir�r * Y'1r rC,•�Y't .rJ, t.� ar k� ��.r• e(:�.• 1:�+' !�"`.`Z.;• _+' I ,., i' y•. yj �.F�e .tl ..r ra :�; +L:,tC'• 1 1.= ,sT•:>:- �'' •i\ .�r...•.Il'; .'." rrl. XiNI''��rF "la!l;r7:,,, h- ,1•• IfJ'1_ti' �i.�,. r � !'f ".; �;t `r1 •. :i. Mf; ..+•� r•f'�.y�r...r�_ �,.��'1 ••fir ,s1•�r'` ...�".•�-+��'`4.^.,'rr:r•.Ci j:'iir � � •k L, d 4 , .n $'t•, . 1' i. ; Y e• it ,• r - 1: ' J 1. �': � w y • � r sr�'��,�•�• � r, i f . •'i"' '" � r• r° A .'v .Jr %+ C_ . v V• • .rX r''i1 t r• •'i r r / } �,,J � /♦,7 .'i r ♦ � '� ••+C 1111= � 1,._ h •d i ! !. �. :rJ!r.(F Fir`' A•. �•' r. a ti �'.} f1;;, / tl�; '�r J'Ivatl�f 1 Ki'1 � r ` TM r '`ti '•.� ..' ( k • . : 1 I� n 1+. ! /,� [,� r r �••I,`�ia•'' S•yi, .j:'���1`,�'.,� fl;•,/ . Ia, ,Jtr � 1i.• '�!'. (r`r p�' ,•�. t11 1 ' ,jf..• •, �hj v fl r ti ,� .ram •c^� •l,.� �.j,f"rwl.r'�'�;..: .. , •i�' ���'�'� •;�� .�:_at't %fir'. yk .-.`i,+ •.rr r, 'k•;i.+„ '.,': ►` ��'; .,••rl� t1. � 1 �` � f �SIl. . t� •:� ! .,'� 'r•I'•:i.. i• +'• r. ' r,r' t a ', •i;re Gi,� ''r'ar ,•}'. { � r s;rr �1�;,.� %• Y: 1 , '' t1. r1 't a i•'y` , .c' ' 1;,�(�,. �.a �_.� : f'' :� ti . yyy,,. �1 1 ••::; i i r _ ' ra w , P ' 1' +r'. i .v ' ,ti�i •'•' r'..1.: .r f• _f N•_ "_ i� *' :.'l.'•i''. 'tea'.-% •► t, i, ! �•, `�! Ir,- r..+ti 1 a ' / r'q �. '•/� .�r•. �.,' ,.:?! + Y, 5,.1 .a'. rrr' y • y:1.1 •, T r;� fI., ,i. •�'. a :.. r 'i�:' r. �I•.:',}! x . :x • .r 4' t •,��,1r.'�,••w� r'� ''* :!',rr .1 _.�fy ,.r^ 7� i%.4':..':•'••,�' •. ,.t•.�;j•,•'.`.Ii,lr•: ••/,J �• b; .r /•, .� j r. !ti .i },.`�.: �. M r •.+ /T�l•1.,} '•r!,.i +!y: ,n,,• ,+`!r' " i'r" �•w •I %� Y' �, 1 � `,}• y - rt„ ,i ji,'. t'''• •. ~ �+ ,y .l .f' '� '(''k4;' C f�.� ••i. .•tv,t,'F 3••, ` li •.�� •r""`'- � • 1, •'r''' a tillMA F",o'n Y."' "t•'.'i r�'{e ..! ::�.: ' �. •i!]rr. M •y'.• 1...'i,r,4d, ry. �, .�; rs�.(�.i. ' .., ,- '... � � y/ S !f4%?� .��••a ;e'' .'.r i,;, •'�' t '�. •, ,�. .r :., In ^•r ,l•C.�y�'r, •!.^ '.Ft �'�_t��.y �'..!':. ''• rt t^ �'•r• .�r• J' f. ,;N` + .• ,p..1 , .'v.� .i ',.k4.' ::�. .I _ '1 �!1+�r•:f+. :'i:•:i 'r'• `i;�'.:.- r• a • •••i'.` •.,. '(:` -%' w7vy �,.• ?� •�:1�' '��r ! • i.'..,:i.. •y': i. '- • •• if i F!!• '- ,•' , Y' ',e ,, t• ' tr i•:�' : M• • ' i 4.5: 6'ti+, i i }l•, .. 1} ',..;{'•. !t ,i .3.. .,r,•,/S'�/♦•• is r. [+ F.(Y X %' 1 +-r'Grk' . .r .t . •r fr. .. �4t �.. 'l�S:r '.l ite'.ti•• '�. _ .: '~-ice}: 'atli�l+�.��:-,`..t�4:,i:ir... ,1'•i•, , j '��i irl5i r �5 e �Mrrn� f '• aI � ' f �Fy �ss'r`:r.':.'•.�.5�,.�2 ash _shi orr� t r - yti:`� tit it; l yA1-�'itl..� 44—"'r ,t 'aj!T07,;6 '•Y .L t� , i. • J rs?. � r ' T• {v it (i' ri` 3 w ✓' _,. �y rA Li r,`r 1,* � t a 1 r r': r , ',..> Sas k:Mr, - dl- { 5 7►�k Y'i Rl pr[5 �� tr 'y4 Sx«{' V r 7fi. 1! 4.(TE`i a, { , L A ',j.- ,Y1 A. •r � ip; (-;�_Ltf JS'' P t g � 'a r . r F^ t r N f '•-�;31+h' �l i .�dt } sL'ii(}��S I�.i Jwas ' . �ir f > ) ,r � --i .i�l 0 -' •' -f� { �r F' !R '��t`. : !� _i Ti%t {r\ c ! � r 1 ��i�.f �Y• 'rb � 4 r.i r )' iw rrl 1 ,1 ih 1 r X !i+ ry r" yJ ' Its�(�r� ,'� �+�' I .i: '�•ri Iy` �- � �{, C.' � i !r �{_ , t{F� �',Ip �5 r�f �t �'.rf rr4'�-�f ' 1w3� W � �- -Y {`}>•f 1Ft B�Ky . it �{`f a �.f�f."' r" t �a�`. � �w� tlji�p.ryw.�j�t�tr�rT`�rrw-'� t j✓ � s .�`.,1 'k.. ��f �+ssrl w � (�. }� - r t r;Ir � •, -:`.�r r il'Y h .� ,v. ,..°��•FTlr'?`.r':.tt-.�,i='rifi?59.�Ak�.e%�tl1 t.,.�°P.- Y`....,. ',f .. ,.,4 �',I!'�.':�'M���� AUOUST 9 STREAM SAMPLING 1 Du li'P n Co. E'arms: Bien Co. -Farms Fender Co. Farms 1.) Smith/Alderman Dogwood Bulltail 1&2 Sow 2.) Batchelor Sow Edge 3.) Bostic Evergreen 4.) Coble Lisbon 1 &2 5.) Corbett 1-4 Blueberry 6.) Dell Farm Holmes Sites 1-11 7.) DM Sec 2 Williams 8.) DM Sec 3 FoxFire 9.) Wendy 3-8 Frenches Creek 10.) DM Sec 4 11.) Hairr 1 12.) J.T. Brinkley S arm � n 13.) Kilpatrick p 14.)M&H ` �} 15.) M&M1Rivenbark !",c7Yi�Q l� U 1 p�1� - V)qv C(, 16.) Ma9 1 &2 17.) Mag 4 18.) Merritt 19.} Nahunga 20.) Pegleg Complex V 21.} Sands Farm 22.) Brown/Ritter/Scott S 1v j 23.) Sow Spa ` 24.) Vestal 1 &2 5 � 1�5 Q�r� ��- 11V 25.) Waters 1 &2 26.) Waters 3&5 27.) Wendy 1&2 \pj�� �� VQS \ �rJ� ��� �jQ,4 28.) Mellville 1 V 29.) Mellville 2 SOCY1 Q/ -S N C G A Q I i MURPHY FAMILY FARMS Confidential Sheetl Page 1 Wilson/Greene Co. Farms Elm City Hilltop Lindell 1&2 Sampson Co. Farms Garland/Petty Ingold Sholar Simmons Southern Pines 1&2 Smith/Alderman Kerr Riverfront Harrells Tomahawk CC Farm MURPHY FAMILY FARMS Confidential Sheeti Page 2 A- m N - � C m � y � -a 1� - o m rq � V m ri M m r > m 0 8 c d DQz0 .. i rg g 1= a l!jctV '408E W10d Sd m SENDER: rcpnp�ate flame t $rldrar 2 Far Sdd�tionaf SBrVECBe. I also t+YM to receive the m ■ Complete dnaame arm adddrres4s following services (for an m ■Print on the reverse d fts form so that we can return this card to you. BXtrB fee): . 81 ■Attach this form to the frortt of the mai[piece. or on the badc it space does not 1- © Addressee's Address m ■WrIteReftim Reaefpt Requested' an the rnafipleca below the amide number. ■The Return ReceiptM the data to whom the delivered 2. 0 Restricted Delivery y l C will sham artide was and delivered. Consult postmaster for fee. o a 3. Article Addressed to: ' - Number 4a ArtlG;/2 1 Z u m WO L% 4b. Service Type °C ❑ Registered rtified /�• ❑ Express Mall ©Insured ❑ Return Receipt for Merchantfise p COD 5 f 7. Date of Delive a o 5. Recelved By: (Print Name) 8. Addressee's Address (Only if requested a, and fee is paid) m �l 6. lgna re: (, ddressee or Agent) o X PS Form 3811, December 1994 102595-97-e-ot79 Domestic Retum Receipt A r" State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality July 6, 1998 Certified Mail # Z 312 648 152 Return Receipt Requeste Mr. John Bizic Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose Hill, North Carolina 29458 1•s Ad bd� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: SECOND NOTICE OF DEFICIENCY Batchelor Sow Farm Facility Number: 31-563 Duplin County Dear Mr. Bizic' : On June 30, 1998, staff from the Wilmington Regional Office of the Division of Water Quality inspected you animal operation and the lagoon(s) serving this operation. It was observed that waste had been applied to fields not listed in the Waste Utilization Plan (WUP). Based on an August 26, 1997 inspection by DWQ staff, a prior Notice of Deficiency was issued for applying waste to fields that were not part of your WUP Applying waste to fields not in your WUP is a violation of your Certified Animal Waste Management Plan (CAWMP), and subsequent infractions may result in a Notice of Violation and include a civil penalty. All fields on which waste is to be applied must be listed in the CAWMP. Waste application to the fields not in the WUP should be discontinued until the situation can be corrected. In addition, the correct PAN loading rate for the small grain overseed should be used when calculating the nitrogen balances in the spray records. We suggest that you contact your service company, local MRCS or Soil and Water District office for any assistance they may be able to provide to correct the situation. To remain a deemed permitted facility, you must notify this office in writing within seven (7) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status, requiring it to obtain an individual non discharge permit. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper A Mr. Bizic July 6, 1995 Page 2. Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Department of Environment, Health and Natural Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation. When the required corrective actions are complete, please notify this office in writing at the address below. - If you have any questions concerning this matter, please call David Holsinger or Brian Wrenn at 910-395-3900. Sincerely, Brian L. Wrenn Environmental Specialist cc: Harold Jones, County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Dr. Garth Boyd, Murphy Family Farms Operations Branch Wilmington Files S:1 WQSIBRUAWIDEF981D UPLIM3l-563-2.DEF 0 Division of Soil and Water Conservation [3 Other Agency, Division of Water Quality Routine O Com hint O Follow-u of DWins ection O Follow-up of DSWC review O Other Date of InsPection �o S Facility Number - • Time of Inspection 0' 24 hr. (hh:mm) © Registered JM Certified [3Applied for Permit' 13 Permitted JE3 Not Operational Date Last Operated: Farm Name: .......... L 16t"l ar.... ... la) ..... ......................................................... Countv:.... i................................................................ OwnerName: ............... �.........tc ..................... Phone No:...qr..:.L1--.......................................... Facility Contact: yyr qi 6jLC tLt,C.. ju..t&...... Title: ................................................... I ...... Phone No: .. Se �ti.M.�- A ..................... Mailing Address :........�5�... :�K,........ ............................................... ........:.................. ...... ... ......................................... S%......... OnsiteRepresentative: ......... btLkY........................ ............................... Integrator: ............ kv.q..................................................... ��� jj��n�[ u Certified Operators„!1./..lit!:�`.:•'••t/•=--------------------- �, L �, , , ...... Operator Certification Number;..-�-�- ....................................... .................. Location of Farm: v .. ..---------------------••-----......-- .......... Latitude Longitude �•' ®" Number of Lagoons / Holding NP& I0 Subsurface Drains Present ❑ LagoonArea I0 Spray Fie td Area y r a ❑ No Liquid Waste Management System S µ General 1. Are there any buffers that need maintenancelimprovement? ❑ Yes E4 No 2. Is any discharge observed from any part of the operation? ❑ Yes 19 No Discharge originated at: [I Lagoon' ❑ Spray Field [3 Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (if yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (lf yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? 5. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 Cl Yes] No Cl Yes] No ❑ Yes 11 No ❑ Yes No ❑ Yes (P, No [0 Yes ❑ No ❑ Yes P No ❑ Yes � No Continued on back Facility Number: S t — SL 3 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Lagoons,11olding Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I' Structure 2 Structure 3 Structure 4 Identifier: l z Freeboard(ft): ............. ..`................ .......... ............................................................................................ 10, Is seepage observed from any of the structures'? 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes No ❑ Yes No Structure 5 Structure 6 12. Do any of the structures need mainten ance/improvement'? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or tnaximunt liquid level markers" Waste Application 14. Is there physical evidence of over application? (If in excess of WMP,,`or runoff entering waters of tthe State, notify DWQ) 15. Crop type ..................•' 5:! v0. ..................._....Si.?X � ..................... ........ ..................................... ............. . 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AW,MP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19, Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/[nspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit'? ...................................... ❑ Yes (RNo ❑ Yes tO No 0 Yes ❑ No 0 No.violations or deficiencies were noted during this:visit.- .You4ill receive no further correspondence about this..visit:.: • : ❑ Yes QNo ❑ Yes CO No ❑ Yes [UNo ❑ Yes 10 No M Yes ❑ No ❑ Yes M No to Yes Cl No ❑ Yeti 4 No M Yes ❑ No ❑ Yes No ( Yes ❑ No Yes ❑ No Cotnments:(iefee to,question #): Explain any.NTS answers and/or any recommendations or any other comtments'RA��' Use drawings ,of facility to better'explain `situations: (usc additional pages as itecessarv) �. - A covL��-tom r�.w,� S'�"� U1-e Si.o� 2 � ui �o t ru�l �oaiC.p�c �+-ov�- �yB'+^ �Lk4lnl►� f `�'�..� � a ��4�c e►� _s6fr, c.lAW d ; vetrS� 0 i OnS11. } 1 f {2. l d 1 a�oor x W"'4A\S 1\G' 0 �P 0Olpd, �o,vt &,t as Oh {n� �e )ooK-s St,.j L., it°4ej�{o,hd. "-.fi o" Spam, Vikkvd (��(S� a� ab ; ac 4-a (, Sa.- # 2 5 maul t1 ri-�Vvj, lB. Ct)��ihve t ►� )ic, e4kbV<,k 6krmvtj4 c"- - ph N swbAl 4�C n. Rvn,fc_V rj l p,_ M5. (A*ts y t WJ[J be ty. � it r�. �l�o,� �.3 igti iti.�rma,�ar. � e ti}1� eLt�r c K�b`��_ �l,oult1� [ it� 1 t` � Iniuj �P,�, ca it-�_r.s Lcwlta �1'W41 r,niil a�Ar� Tti n-nnL d.ni. llA`.lnnr o�`Carpuv\k1m:• nn 6 4Iikrak - < � 1DS/Ac- 7/25/97 rA Reviewer/Inspector Name OWKn Reviewer/Inspector Signature: Date: Q 10 Routine O ComplainFollow-up of DWQ inspection 0 Follow .up of DSWC review 0 Other j p Facility Number Date of inspection 1/21198 31 563 _. Time of Inspection 0900 24 hr. (hh:mm) © Registered ® Certified 13 Applied for Permit ® Permitted 13 Not Operational I Date Last Operated: Farm dame•. 1at�a�r.Say.kaen........................ ..................... County: D�xa............... `iRO.......... Owner Name:................... ................................ Mnr..A.fly.FatW yFar..ms......................... Phone No: Facility Contact: Da,.Ud.i'jCgker............................................... Title: Lastd.&.NUtr..M L.T.eCh........ Phone No:................................................... MailingAddress: P. .Box..759............................................................................................ RORC.Hill.A.0 ........................................................ Z8.4,58 ............. Onsite Representative: X&Y.1d,.GleGker........................................................................... Integrator: Mulrphyfamilyflar s....................................... Certified Operator:Rkbard.................. ly ........ Operator Certification Number: Location of Farm: . r st.sxtitti.a (e..a�� zap tir atc y;Q,7S nai l.nnx.#lt.�lamt tiam.x iti .; Q3.::::::::::::::::::::::::::::::::::::::::::::::::::::......::::::::::::: — E �. Latitude 35 ' 00 ' S0 Longitude F 55 I Ob Design Current - Design .Current = Design Current Swine Capacity Population Poultry_ _ -Capacity Population Cattle ` ,- Capacity Population ElWean to Feeder 10 Layer ❑Dairy ❑ Feeder to Finish ID Non -Layer ❑ Non-Dairy Farrow to Wean 2035- Lj Farrow to Feeder ❑ Other Farrow to Finish = - Total Design Capacity 2,035 Gilts -_. -TotALSSLW 881,155 oars Number of Lagoons / Holding Ponds 2 ❑ Subsurface Drains Presen# ❑ Lagoon Area ❑ Spray Field Area ❑ No Liquid Waste Management System General 1. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 2. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes ❑ No 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ❑ No maintenance/improvement? b. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 7/25/97 Continued on back Facility Number; 31-563 r S. Are there Iagoons or storage ponds on site which need to be properly closed? ❑ Yes ❑ No Structures (Laeoons.Holding Ponds. Flush Pits. etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? ® Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier:..QId.............. ............. N.= ............. .. Freeboard(ft) 1,25 ..............1..5_8............................................................................................................................................................. 10. Is seepage observed from any of the structures? ❑ Yes ❑ No 11. , Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ❑ No 12. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes ❑ No Waste Application 14. Is there physical evidence of over application? ❑ Yes ❑ No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type.............................................................................•-•-•---..................•-------.........................................................----................................................ .... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ❑ No 18. Does the receiving crop need improvement? ❑ Yes ❑ No 19. Is there a lack of available waste application equipment? ❑ Yes ❑ No 20. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ❑ No 22. Does record keeping need improvement? ❑ Yes ❑ No For Certified or Permitted Facilities jQglj 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No No. violation's -or. deficiencies.vvere noted during this'visit. -You-will receive no further. . correspondence: about this visit. ' done as a follow up to check freeboard. Due to freeboard being less than adequate a Notice of referral will be sent to O-WiRO. 7/25/97 r- 2 Reviewer/Inspector Name . John M. Fitzgerald • Reviewer/Inspector Signature: Date: Farility Nnsnhiwt 11 —46-A Rofo ni Tncnortinnr 1171104 p Division of Soil and Water Conservatiq�aOperation Review s" p Division of Soil and \Pater Conser ation Compliance:nsp tion ati r '� Ml Dig isioii of Water Quality Comphance�lnspection p•Other Aaencv -Operation Review 1p I:n!FIlme C t.(Imhl:llilt p ! Irallc•etlon p i,mio '-tilt of review Vttier I 4'. - I ;_!-tispt-ctinll F__TM3� 24 hr. (hh:mm) p Registered ® Certified p Applied for Permit 6 Permitted Itj , of operational Date Last Operated: Farr„ Miniv- Batchelor.Sate;_.E,ttriu_.......--••..................................................................... County: Duplin WiRO ONVItt - n'an!r............... ...................... Phone No F:wili'% r:r:ntavl:.................................................... ._..-title:I.... Phone No: .................................................... i1'}ailis:e arll?:cs: Ro..Rox.:259................... ................ Rosp- iILAC......................................................... 28-45R............ . (lrtcil< .......................................................................................................... Integrator:MiltCjhy..Family.Earms..................................... Crrlit"—i Operator: Richard ................................. D.O.11nell'N ........................................... Operator Certification Number: 1.7.192............................. Location of Fat'tn: Latitus?r 0•®. �l csrgn U Ell, ren Swine Capacitv Population ❑ Wean to Ireeder ❑ Feeder to Finish g, arrow to can _0 ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars E.nitcitude ©• esign Current Poultry Capacity Population-: Cattle ❑ Layer p airy ❑ Non -Layer 1[3 on- ❑ Other Total WAg' n "Capa ` Total SSL Number of Lagoons / Holding Pon: is I� ❑ u stir ace rains res ❑ o Liquid Waste ana 1. Arc there any buffers that need rtl3iitlenarlcerintprovenlent? 2. is anv discharge observed front any hart of the operation? Discll;tr�c on ir:a,, , c. []Lagoon ❑ Spray Field []Other a. lfilischan_,: i r,! s; :+ :'...,.!: rite conveyance plan-ninde? b, if discltnr•_,c i �. 4I reach Surface Watcr`' (lives, notify DWQ) C. I' (l:tiC�i ll':'. n'•.:,: ! ty;,... I< Illc: estimated iln« in +—nl lhltn? d; Dfl"'s ill Cai:!''_ ' t'"' I'' ,' ::' E: 5\'Steill'' (If \'es. notify DWQ) 3, is there evidence of past dischar�,e front an%, part of tile operation? 4. Were there any adverse inhpacis to the 1%-,mers of the State other than from.a discharge? l VIAL:-! Capacity PopulkionF. airy s city2,035 n Area l] Spray Held Area p Yes p No 5. Does any part of the waste niana-enient sysieni (other than lagoons/ltolding ponds) require m aintenance/improvement? 6. is facility not in compliance n'idi any applicable setback criteria in effect at the time of design? 7, Did the facility fail to have a certified operator in responsible charge? 7/25197 p Yes p No p Yes p No p Yes p No p Yes ❑ No ❑ Yes p No p Yes p No p Yes p No ❑ Yes p No ❑ Yes p No d I If Facility Numberi 3 —1— T-1-37] 8. Are there lagoons or storage ponds on site which need to be properly closed? Z7 - E3 Yes [3 No 9. Is storage capacity (freeboard plus storm storage) less than adequate? L3 Yes a No Structure I Structure 4 Structure 5 Structure 6 . ........................ ......... ......... ......................... ... ............................. .. ................................... ................................... ................................... 17! 10. Is seepage observed from any Of the SIRIC111reS? E3 Yes [3 No 11. Is erosion, or any other threats to the inte"rily of any of the structures observed? [3 Yes E3 No 12. Do any of the structures need i-n-,iiiitcii,-itice/iiiiprovement? 13 Yes 13 No (if any of questions 9-12 was answered yes, and the situation poses an immediate public health or environniental threat, notify DWQ) 13. Do any of the structures lack adequate mininitim or maximum liquid level markers? 13 Yes [3 No 14. Is there physical evidence of over application? [3 Yes j3 No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) I IS. Crop type .................................. ............... __ ........................................................ ....... .............. . .......... . ................. . ............................................................... 16. Do the receiving crops differ Nviih those designated in the Animal Waste Management Plan (AWMP)? [3 Yes r _I No IT Does the facility have a lack of adequate acreage for land application? [3 Yes [3 No 18. Does the receivint, crop need improvement? [3 Yes [3 No 19. Is there a lack of available waste application equipment? [3 Yes E3 No 20. Does facility require a follow-irp visit by same agency? j3 Yes [3 No 21. Did Reviewer/inspector fail to discuss reviexv/inspection with on -site representative? 0 Yes E3 No 22. Does record keeping need improvement? 13 Yes [3 No For Cerlifitcrt or 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? r� [3 Yes [3 No 24. Were any additional problems noted which UlUsc noncompliance of the Certified AWMP? [3 Yes rl No 25. Were any additional problems noted which cause noncompliance of the Permit? [3 Yes [3 No Q.-_oyiqkitions. or ncrencies,ivere.nrited -during7 this visit:. You vnill receive noFfurther . - - .......... * ...... ...... , .................. ........ ................................... fill$' ... ................... . ............ I ... ....... In ent (refer to Corn question;#): Explain .,Use. ter 7& Visit was made to assess if facilit), is a likely candidate for State groundwater study. Observations of spray. field borders were made from public roads. Poor quality of permit map made it difficult to determine the exact location of spray fields. The field "adjacent fb-SR1516 (iind farm entrance) had ponded water in places. One house (newer/brick) was located across SR 1516 from the northeast end of front field. A well was seen '(b_ric'k'c'6ver); how'e"v"er, 17 he house and well are a little far from spray field border. One manufactured home is located directly across SR1516from front'field. Awell was, seen'(wood One house (older) is located at southeast end of front field. --7/25/9.7 lReviewer/Inspector Name AndrewG..'HcIrni"V'F_ Reviewer/Inspector Signature: Date: State of North Carolina Department of Environment,�Yt. Health and Natural Resources Division of Water Quality JUG 18 1997 [BY: James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 16, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy Family Farms Batchelor Sow Farm - PO Box 759 Rose Hill NC 28458 Farm Number: 31-563 Dear Murphy Family Farms: 31'r EHNR You are hereby notified that Batchelor Sow Farm, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has thirty (30) days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within thirty (30) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Permits and Engineering Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any question concerning this letter, please call Mike Lewanddwski at (919) 733-5083 extension 362 or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. Sinc ely, A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Wilmington Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 12, 1996 Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose Hill NC 28458 SUBJECT: Operator In Charge Designation Facility: Batchelor Sow Farm Facility ID#: 31-563 Duplin County Dear Farm Owner: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 91gn33-0026. Sincerely, A. Preston Howard, Jr., ector Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files 44% P.O. Box 27687, W FAX 919-715-3060 Raleigh, North Carolina 2761 1-7687 �� An Equal Opportunity/Affirrnative Action Employer Voice 919-715-4100 50% recycled/10% post -consumer paper D 5EA 151997 BY: FAMILYFARMS NCDEHNR Division Of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Response to Notice of Deficiency of Batchelor Farm # 31-563 Dear Division of Water Quality: The following actions have been planned or completed in response to your staff inspection on August 26, 1997. 1. Lagoon 41 freeboard was lowered by transfering liquid to lagoon #2, out of which we are irrigating. Both lagoons currently have greater than 20" of freeboard. 2. MFF Technical Specialist Kraig Westerbeek is revising the farm certification to include the expanded field in the back of the farm This is acreage we added when we converted the irrigation system from solid -set to traveler. 3. Wash outs in the sprayfields have been graded by a tractor and will be smoothed by disking at the end of September when we plant rye. Some ditches in or around the sprayfields will be filled in at the same time to reduce future washouts. If you have any questions, call John Bizic or Kraig Westerbeek at 910-289-6439. Thank You. �) G John Bizic Land and Nutrient Manager jb:ph nodbat. doc cc: Dr. Garth Boyd, Andy Murray, David Gleckler, Harold Jones, Sandra Weitzel Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director June 26, 1998 Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose Hill NC 28458 IT 4 NCDENR ITT?; f NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Reissuance of Certificate of Coverage No.AWS310563 Batchelor Sow Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Murphy Family Farms: The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to this facility on August 25, 1997. In accordance with the issuance of the revised General Permit, we are forwarding this Certificate of Coverage (COC) to Murphy Family Farms, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Batchelor Sow Farm, located in Duplin County, with an animal capacity of no greater than 2035 Farrow to Wean and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void COC No AWS310563 dated August 25, 1997. The COC shall hereby incorporate by reference any specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay particular attention to Condition II.10 regarding tree removal from lagoon embankments, Condition III .1 regarding inspection frequency of the waste treatment, storage and collection system and Condition II1.6 regarding notification requirements for system failures, spills and emergencies. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. P.O. Sox 29535, Raieigh, North;Carolina 27626-0535 Telephone,919-733�7015 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS310563 Batchelor Sow Farm Page 2 Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact J. R. Joshi at (919) 733-5083 ext. 363. Sincerely, for A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Duplin County Health Department Wilmington Regional Office, Water Quality Section Duplin County Soil and Water Conservation District Permit File State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Wayne McDevitt Governor Secretary August 29, 1997 Qcrfifled Mail # Z 312 639 920 Return Regeipt Requested Attn.: John Bizic Murphy Family Farms Batchelor Sow Farm PO Box 759 Rose Hill, NC 28458 Dear Murphy Family Farms: Subject: NOTICE OF DEFICIENCY Batchelor Sow Farm Facility Number: 31-563 Duplin County On August 26, 1997, staff from the Wilmington Office of the Division of Water Quality inspected your animal operation and the lagoons serving this operation. During the inspection, it was observed that lagoon #1 had insufficient freeboard. The level of this lagoon should be lowered and maintained in accordance with the NRCS guidelines and the State 2H .0200 rules governing animal waste management systems. USDA- NRCS guidelines require a minimum of one foot and seven inches of freeboard. This is based on the amount of storage space needed to contain a 25-year, 24 hour design storm event without a discharge. During the inspection, it was also observed that you are applying waste on spray fields that are not part of your certified animal waste management plan. If you intend to continue using these fields, they must be immediately incorporated into the plan. Spray application in these fields should be discontinued until your plan is officially changed. Finally, extensive wash outs were observed in your spray fields. These areas should be corrected immediately. In addition, spray application in these areas should be avoided until the problem is corrected. 127 Cardinal Drive Extension, Wilmington, N.C. 2M5-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Murphy Family Farms August 29, 1997 Page 2 To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the'receipt of this notice, what actions will be taken to comply with your certified animal waste management plan. Failure to do so may result in the facility losing its deemed permitted status and being required to obtain an individual non discharge permit. Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. If you have any questions concerning this matter, please call Andy Helminger, Brian Wrenn, or Dave Holsinger at 910-395-3900. Sincerely, Andrew G. Helminger Environmental Specialist cc: Harold Jones, Duplin County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Garth Boyd, Murphy Family Farms Operations Branch Wilmington.File.s S. I WQS 1 AND YA 131-563. D EF State of North Carolina Department of Environment, Health and Natural Resourc( Division of Water Quality James B. Hunt, Jr., Govemor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Di Kraig Westerbeek Batchelor Sow Farm Murphy Family. Farms PO Box 759 Rose Hill, NC 28458 Dear Mr. Westerbeek: BY: A T4 EDEHNR August 15, 1997 Subject: Application No. 31-563 Additional Information Request Batchelor Sow Farm Animal Waste Operation Duplin County . The Permits and Engineering Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by September 14, 1997: 1) _ The Liquid Animal Waste Operations Permit Application states that 28 acres are cleared and available for application. The Waste Utilization Plan states that 35.7 acres are required for . the proper management of this facility. It appears that insufficient lands are available for the proper management of this facility. Please provide additional documentation describing the acreage that is cleared and available for waste application. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter, must be submitted on or before September 14, 1997, or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 362. Sincerely, Michael T. Lewandowslci Environmental Engineer State Engineering Review Group cc: Wilmington Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, Forth Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper L \.. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality AUG 2 7 1997 i • • James B. Hunt, Jr., Govemor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Kraig Westerbeek Batchelor Sow Farm PO Box 759 Rose Hill NC 28458 Dear Kraig Westerbeek: C)EHN = August 25, 1997 Subject: Certificate of Coverage No. AWS310563 Batchelor Sow Farm Swine Waste Collection, Treatment, Storage and Application System Duplin County In accordance with your application received on August 14, 1997, we are forwarding this Certificate of Coverage (COC) to Farm No. 31-563, authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with the State's General Permit (attached). This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Batchelor Sow Farm, located in Duplin County, with an animal capacity of no greater than 2035 Farrow to Wean and the application to a minimum of 35.7 acres of land as specified in the Certified Animal Waste Management Plan (CAWMP). y . The COC shall be effective from the date of issuance until December 31, 2001. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to'the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. In accordance with General Statue 143-215.10C, Animal Waste Management Plans shall include the following components: - A checklist of odor sources and best management practices to minimize these sources. A checklist of insect sources and best management practices to minimize these sources. - Provisions set forth for acceptable methods of disposing of mortalities. - Provisions regarding emergency action plans. Your existing Certified Animal Waste Management Plan must include the above elements, by December 31, 1998. Documentation of the certification -must be available to inspectors onsite. Submittal of the amended certification statement shall be required upon renewal of your permit coverage in 2001. . Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. -r^ �• 1 i 1�� � D 1 i.k This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact Mike Lewandowski at (919) 733-5083 ext. 352. Sincerely, A. Preston Howard, Jr., P.E. CC' (Certificate of Coverage only for all cc's) Duplin County-Health-Department---�, cWilmuigton.R"egiorial:Affice, Water Quality -Section Duplin County Soil and Water Conservation District Penriit File State of North Carolina a Department of Environment, Health and Natural Resources --. Division of Water Quality _ Non -Discharge Permit Application Form /Survey Au(i2 �gg7 (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit - Liquid Animal Waste Operations The following questions have been completed utilizing information on file with "e Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed by the Division, ple@_�;e complete as best as possible. Do not leave any question unanswered. Application Date: � � 3 I� 1 I. REQUIRED ITEMS CHECKLIST Please indicate that you have included the following required items by signing your initials in the space provided next to ea h T item. Applicants Initi 1. One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; 2. Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is disposed; 3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, one must be completed prior to submittal of a general permit application for animal waste operations. II. GENERAL INFORMATION: 1. Farm's name: Batchelor Sow Farm 2. Print Land Owner's name: Murphy Family Farms _ 3. Land Owner's Mailing address: City: RoSe Hill NC _ _ Zip: 28458 Telephone Number: 4. County where i'arm is located: Duplin 5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy — of a county road map with the Iocation of the farm identified). From Kenansville. take NC 11/903 N 4.0 miles: turn Lt.-9 Wesley Chapel onto_SR-Ul6: go 0.7 mile. farm sign plc st on Lt.: follow dirt farmroad for 1.0 mile to farm. 6. Print Farm Manager's name (if different from Land Owner):--eal4irr$a J11.0t lqP- f l i o 7. Lessee's / Integrator's name (if applicable; please circle which type is listed): Murphy Family Farms 31 - 563 FORM: AWO-G-E 2/26/97 Page 1 of 3 M III. OPERATION INFORMATION: 1. Farm No.: 3 1-5 2. Operation Description: Swine operation Farrow to Wean 2035 - Certified Design Capacity Is the above information correct? Ea yes; a no. If no, correct below using the design capacity of the facility of Swine No. of Aqimals Tyne of Poultrx No. of Animals Tv oe of Cattle No. of Animals 0 Wean to Feeder 0 Layer 0 Dairy 0 Feeder to Finish 0 Non -Layer 0 Beef 0 Farrow to Wean (# sow) 0 Turkey 0 Farrow to Feeder (# sow) 0 Farrow to Finish (# sow) Other Type of Livestock on the farm: _ No. of Animals: 3. Acreage cleared and available for application: 28.00 -; Required Acreage (as listed in the CAWMP): 35.7 4. Number of Lagoons: �_ ; Total Capacity: 060 Cubic Feet (f13) Number of Storage Ponds: ; Total Capacity: Cubic Feet (ft3) 5. Is animal waste being applied on any field which has subsurface drains? YES or (please circle one) 6. Are subsurface drains present in the vicinity of or under the lagoon? YES or C99 (please circle one) IV. APPLICANT'S CERTIFICATION: I, ./A ,.,12 L I r"n i .f 6/a rM S this application lor . AU(-- r v-rr has been reviewed by me and is accurate and comph application are not completed and that ifl required will be returned to me as incompleta. /4 Signature L!!f:� V. I, (Land Owners name listed in question II.2), attest that (Farm name listed in question II.1) to the best of my knowledge. I understand that if all required parts of this pporting information and attachments are not included, this application package Date ­7 — I I —1 1 S CERTIFICATION: (complete only if different from the Land Owner) (Manager's name listed in question II.6), attest that this application for 13CAG �`16 +r (Farm name listed in question 11.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date I - 31- q 7 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION PERMITS AND ENGINEERING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FORM: AWO-G-E 2/26/97 Page 2 of 3 Producer: jV\,,,,r7 I lA,v.t}j t"C7.rM5 — I&, C.\.1U+r �A ryvl Location: JA. I- Sox lag-1> a5341 3i;� 1616 Telephone: (q,o) act(. -- o i o -7 Type Operation: �arrp.,a- wGa r-. ..0 Number of Anim,, s : ao3 5 (Design. Capacity) The waste from your animal facility must be land applied at a;, specified rate to prevent. pollution of surface and/or groundwa r. The plant nutrients in the animal waste should be used to reduce the araaurit of commercial fertilizer required for the cwops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrients Waste should be analyzed before each application cycle. Annual. soil tests are strongly encouraged so that all- plant nutrients can be balanced. for raalis,.ic yields of the crop to be grown. Several factors are important in implementing your waste utillzation plan in arder to maxinize the fertilizer value of the waste and to- ensure that it is applied in an environmentally safe mmnnez. Always apply Waste basea on the needs of the crop to be grown and the,nutrientcontent K the waste. Do not apply more nitrogen than the crop can utilize. Soil types are imnvrMant as they haves different infiltration rates, leaching potantia c , cation exchange capacities, and available Hater holding capacities.. normally waste shall not be applied to land eroding at greater than. 5 tons per acre per year., .With special precautions, waste may be applied to land eroding at up to !0 tons per acre per year. mo •no4 apply waste aA saturated sails, when -it is raining, or when the sur=ace is. frozen. Either of these conditions may result in rundR to surface waters which is not allowed under. DEM ragulations. Wind conditions should also be considered to avoid drift and downwind odor probloms . To maximize the value of nutrients for crop production and to reduce the potential For pollution, the waste should be applied to,a growing crop or applied to bare ground not more than 30 days prior to. planting. Injecting- the waste or d=string will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical. nutrient content- for this type: of. facility. Acreage requirements should be based on the waste analysis report Eras your waste :management facility. Attached you will find. information. on pwoper sampling 'techn.iques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if. carried out, meats the requirements for compliance with 15A NCAC 2H.0217 adopted by•the Environmental Management Commission. 1 Amou=f of Waste Produced per Year(gallons, ft3, tans, etc.) 3 5 ar:smals X apt.) waste/animal/year =, `fol `,—Z wastelyear� iO(*nt . ) wa. ouf.t o¢ plant Vazlab Witrn en_ (PAN) Produced fie= Year a23 S anizaals XsPAN/animal/year 10 IVIlbs . PAN/year, (PAN frost H. C. Tech. Guide Std. 633) , Applyi-aq the above amount of waste is a big job. You should plan time and have appropriate egiiipment to apply the waste fin a timely Manner. The .following acreage will be needed for waste application based on. the crap to be grown and surface application: Table 1: Tract 'Field ,soil Crap 7r No . Type' ACRES OWNED .BY PRODUCER 1,39. N Acres Lbs. N Month of Per AC.*, utilized Applicatioa ���'i- ►�— Fes+-t�� - � -� . • .—. -_ - - «�!�� F �. EM ... Total 5.1 tr .a5 fiIOAa.► acacied ck—^.%wlly This N is from animal waste only. rf autrients fgm other sources such as aa=erclal fertilizer are applied, they must be accounted far. N must be ba ed on reslzstYc Kield_=ectatlon. I oTZ ; The applicator is cautioned. that P and. K maybe over applied. while saeeti.ug the H requirements. Begi.aaing ,in. 1996 the. Coastal- ZoAe 9anagement Act Will require farmers is s0=0 eastern counties of North cara3ina to have a nutrient management- plan t_hit. addresses all nutrfeats. This plan only- addresses Nitragezn. 2 Table 2; ACRES WITH AGREEMENT OR LONG TERM LEASE- otgreameat with $dincent jam dar+aer =St be attachad) (2Agairad only Sf operator dQ0.9 Mot as►a adaquato Zand jaoo Required Spoc.ification 2J1 Tzact Field soil Crop Lbs, N Acres Lbs. N Month of # TYPO Per Ac.# Utilized Application Sea �foQtxate for TabZn I. Totals from above Tables Acres Lbs. N Utilized. Table I Table 2 Total I i °+ 1 • d Amount of N Produced {O .:'surplus yr eflcit -- Cpa�• �� NOTE_ fihe Haste. Ut;lIfor ._ periadic land application of Sludgeat agrono=1a rates- The sludge will. be nutrient rich and wi1I require, preeautionary measures to prevent over application of nutrients Or- Other. elexaents. 3 See attachedmap showinT the fields to be used for tize uti3iaaf ien Qf Writs water. Application of Haste by Irrigatioa risld $oil Type f Crop Application j Application] Nc. I Rate(ln/Kr) I Amount(ln.) Fo -a A,,B - Fad _ n Bcrena q ev% %A I 0.5 a.5 0.5 NOT Vrz2zD -Sr Saa= rY UZ 1191NO .127=7 Br sRF =k2:OK, XQWXV= A SMdZAR M"Z= WILL BE UzzZ....]' FOR DAr Lxr.-= OR SL17 =. Your facility is designed for. 110 days vf•temparary storage and the temporary storage mustbe removed on the average of once every G MONTHS, In no instance should the volume of waste being stared in your structure exceed Elevation tail the local Natural Resources conservation service (.ea=erly 5oi3 Conservation Service) oe soil aad Water Conservation District off ice after you receive the waste analysis report for.'assistance is determining the amount per acre to apply and the proper application rate prior to applying the waste. 4 UQUIRFD SPECIFICATIONS I- Animal waste sham, not reach surface graters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any.discharge of waste which reaches surface water is. prohibited. Illegal, discharges are subject to the - assessment of civil penalties of $lo,000 pet day by the Division of Environmental Management for every day the discharge continues, 2.. The Field Office must have documentation in the design. folder that the producer either owns or has Long term access to adequate land an which to properly apply the waste. If the producer does not own adequate land to. properly dispose of waste, he shall provide MRCS with a copy of a Written aSraement (sample enclosed) with a landowner who :s within a reasonable. pro: imity, allowing him/her: the use of. the land for waste application. for the life expectancy of the production facility. It is the responsibiliU of the owner of the facility cc secure an, update of the 'Waste Uciazation Plan when there is a change in the operation, increase in the number of animals, mathod of utilization, or available land. 3. Animal Wasta shall be applied to meet, but not exceed, the Xitrogea.needs for realistic Crop yields based on Soil type, available moisture, histoxzcal data, clitate conditions, and level of management, unless there are regulations that restrict the rate of application for ocher nutrients. 4. Animal -waste may be applied to land that has a. 'Resource. Management System (RUS) or an Alternative Conservation. System UCS). If an ACS is used the sail loss'shall be no greater than 14 tons per acre per year and appropriate filter strips will.be used where runoff leaves the field. These filter strips will be in addition to "Buffers" re aired by V M. [See FOTG Standard 393 - Filter Strips and Standard 390 (Interim) - Riparian Forest. Buffers . I 5. odors can be, reduced by, inj ec_timg the wastz or disking after waste application. Waste should not be applied. when the wind is blowing. 6. When animal waste is to be applied on. acres subject to flooding, it will be soil incorparaced on convtntionall.y tilled cropland. When applied ro conservation tilled crops or grassland, the waste may be broadcast provided_ the application does not occur during a season prone to flooding. (See "Weather. and Climate in North Carolina" in the Technical Reference - Environmentfile for. guidance.) 5 REQUIRM SPECIFICATIONS 7. Liquid waste shall be applied at races not to exceed the soil infiltration rate such that runoff does not occur offsite* or to surface waters aad in a method which does not cause drift from the site during application. No ponding should occur in order to controJ. conditiow conducive to odor or dies and provide =1 ormiry of application,. 8. Animal waste shall not be'applied to saturated soils, during rainfall. events, or wtien the surface is frozen. 9. An-.ma1 waste shall be applied- an actively growing Gro��rrs in. such a manner than no more than 20 to 25 percent of zhe leaf area is covered_ 10. Waste nutrients shall. not be. applied in fall or printer for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable w4inter. cover crop plaaced.to tska up released nutrients. Waste shall noz.be applied more than 30 days prior to punting of the crop on bare soil. 11. Animal waste shall not be applied closer than\-25 faet to surface water. This distance: may be reduced for watars that are not perennial provided adequate vegetative filter strips are present. (Sea StaiZdard 393 - Filter Strips) 12. Animal, waste shall not be applied closer th= 1O0 faer to Wells. 13. Animal waste shall not be applied closer than 400 feet of dwellings other than those owned by the landowner. 14. Waste shall. be applied in a manner not to reach other property and public right-o f - vays . Animal. waste shall not be discharged into surface waters, dra.inaggways or warlands by a discharge or by over- sprayinq. Animal waste may Ise applied to prior converted. wetlands provided they have been approvedas a land application site by a '"technical. specialisto - Minimal. waste should. not be applied on grassed. waterways that. discharge.diredtly into water courses, and only then at agronomic rates provided the application causes no runoff - or dxift- from the site, Rr-Q.URED SPECIFICATIONS t��nLaai 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,. shall. not be discharged into the animal waste management system. 17. Lagoons and other an overed waste containment structares must maintain a max-ii= operating level to provide adequate storage for a 25-year, 24-hoar stoma event -in Addition to the one (1) foot mandatory freeboard. 18. A' protective cover of appropriate vegetation will -be - established on. all disturbdd areas (lagoon embankments, berms, pipe runs, etc.)_ If. needed, special vegetation shall ba provided for these areas and shall, be fenced, as necesgary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, ate. are limited to areas where cousiderad appropriate, Lagoon. areas should be kept moored and accessible. Lagoon be=iz and. structures should be inspected regularly for evidence of erosion, leakage, or discharge. i9. If animal production at the 9acility is to be suspended or. terminated, the Owner is responsible for obtaining and implementing a 'closure plan" which will eliminate the possibility of an illega1 discharge, pollution and erosion z❑ . Fasts handling structures, piping, pumps, reels„• tetd,., should be inspected on a regular basis to prevent breakdowns, leaks, and.spills. A regular maintenance checklist should be kept on. site. 7 WASTE TJTILIZATION 2LAN AGREE w NT xarse of Far=: C. H LO K Spy 1:5AFM O•crner/Manager Agre=ent I (ore) understand and. will £oLlowand impleiaent the specification and the operation and maintananca procedures established in the approved animal waste utilization plan for the farm. named above_ I (we) know that. any expansion. to the existing design- capacity of the waste treatment and. storage system or construction of new facilities will require a new certification to be submitted to the Division of Environment Managemant (DEK) before, the nev, aaimals are - stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface wa9ters of the state from a- sta= event less severe than the 25--year, 24--hour storm. The approved plan will be filed on -site at the farm office and at- the. off3:ce of the' local Sail and. Water cnnsezvation District and will. be ava.i? able for. review by DFH upon request. :Tame of Facility owner: F ,M.,Fc-.,- r,, 5 fPxaa.a print) Signatstre: nDate: v Name of Hanager(If different from owner) : Siggature; Date; Name of Technical Syecialist: (Please PrInN f o. % r Af iliat on :r' V-r• 5 Address (Agency).: d S±S=a-' .uze 5 A WA TE IL2 ATIO A EIN • - (Va"ed •.2j 19 addifloael 1AAd ,ACC. Dr 19=44, e00.) �'r • hereby TWO. permisslon, to apply. anMal waste from Es waste. Utilization system on acres of my land for the duration of time shown below.. I understand that this waste contains nitrogen, phosphorous, potassium, and other traces elements and when. properly applied: should not harm my Land or crops. I also t=derstan& that the use of waste, will reduce my need for commercial fextilizer .. Adjacent Landowners Date: Waste Producer: Date: Technical Representative: Date: SWCD Representative; Date: Term of Agreement 19 to , 20w RF{bL,r. n! Ten X.jet en Cast Shteed YtaRX) (See Acquired SSecifleatiom No. .2.) W, aNC. MUNuMENT PROPERTY LINE ,t C F � d . � zoo 200 1 inch = 2QQ W ��;��'r.,'�r 'j, i'1 � 7}�4 �:tizl s /yh}�yl�: F.:xrr_.��/�`.;�`-�'�� f:_f'• 'A �'*%:.�'+'iw17_`�I �4• , ..' y'i:r;;�' `w' � - �� 4'�i .a,..r ' F _w �.r-. �•�' �: � � '�f ` +t.'�v. .'n -e!ao- -•''� ter.,- � � ! `�i� j:.: \ .' � r�'�_,: �!r • < � _.. ,, , _ <,, r ,• ,;,�`� �: i"-: f. � %�!i . ' � „�r ."'�i��,L!!r /.i,}ti K �::"t Q•,\;� is � �/ i i'`{�rw�'��.,�1� T,. � �" +' � 1r"` a_•• �1 ,�i+,aSJjs" �, �'+ .�✓.y't�l�.� •. �j !iC',3 ': +S i �• + tl.e p 1 e � � r j � 1' 1 V „Y. ;- r' hT T�- '.� 1, �� �1 SS %; . �� 1.,�. :;JCS. ��a� ^�,.s �•/"] '-tl 1'' '/' - ��@Jp�.� S.'��,� ��-f �'r' 7?�� ! :'l���M4 � ':%��'`�_� �.L ` , f tll ��� �.-, .,, 1' �.. � �, j f � �, . � fJ ri �, ; : [{1�•,���,'-'1 :r;{•".a � � �,j'� � �4r '+1 � ear q� / � •t� e �; S 'rr -7 •tr .( w � 3f1�r :y� '�3i '� '�in` �I � �� ��'� � A ?,e -s 45 s- �dr '✓'`-• '''ti' ' tYi�' � ,^ G •r •o�Y� � � � �.n a , ti �. '�'., r` 3 Yx• ��i �wysyl ••, G •s ! ,,. _ -. �r�, t ,�; _r , �,-: ',% '� �S a+�+�� ��:. 1 r ti }rti ��� �'� . �• s�.t s La tool. '�7�.��-� •y' �1;. e:,!{! •�, � - h s . . ,�•¢� �I G : . � ,y y :+ �� � �.s . , -sue �'r- >� . :7' ■■91 �.i f . 1 �F,n..�'y'K I r it • . r� ' �' ff f1r 1 ��i,'F�'� ,'!�• ;G 1'` '. rsr•: /•'-,1 ,. ?'. '. - •, +. •I �'� ..y �r - ..:{.•�1/' �`4..r'N.``.t: �Y, jr( \R',r 'L ' i y ��' r•i�•• T r' �., �� , it , .:i- �.��: .a'' a',lti♦. y - •• �. � - Y. l .7 C'=..r 7 I.,a(; j�, y- i ��-V. •� �j � J•� �� lg.. l ys,. '�• �'' i ►T .,1 �j.%y t ;.� • .f : iN,�► 1 ;C. �f'i'„ `� :t,: ;i .�a"•:. tr � � .'y�c: 'r �,a n '�q•.,,..p; � � �- :'fit#2� UO Al Olb Akol ir M.. ". \IV }�"� •n:� !.1 S - .r � ^. ��,i% "� .;r ���3'!t' �'^, i r�ir � -�. :r ,t. '�j !, . ..ai. ,;'�::�tt - �� • � r-.{l.:r;{.. -.Mf�•s��-�•`s".� �e •i>'t -' ,''`sFa '� '�r � !� .1'"- , '.1 �' y;fl .�`�•i�ad �, � �, ..'.jt�• ?. � r . '?��?., `•4;� _?v: � .'1.,. ;` .ars; C` �i�1��`�:. - -�/- � ( e �,tl r,' _ � �Y .!Its k. 1 '":fir"' u•. .. �� F RS'•� L f� S' �...'.y.•-,. 1 1MM ' Q'�c-: �� '•a_� ,. •: lr �' T.ti :r �Pw l 1 '.YM, .. �1e}:� y• _ •t.`• � fyb' „'%"�L� " • 1.. '�' •?.•Y� " 4 - ' i. ��_ •�} 4• sr.���(� : i' /`: r. �� ; �, �;, 'r � •�•��ti�i,,,I , ,ice r 'i- r ! }tit; � �ry�5 ';Y' S .'f: � 1 4 1,,� '���•�R'�v'��: ►rfM�y*1t.. Q,wlKy,.,dkS; �' �f" .-r!3'-F' +,p•. .f `i• 'T, L:.,,:'I Jo .L.. 'tCF � :t''{ •:J'�: I (Tr•+4' :i Tt i. `tlr���r' r '.i 1i` t1. s1�'4, ,li- y(•• sr.1 �.41.1{a �.. ,�1;� A yr.jr+a. �G� F, l 1' ," i •i -+c�j •.1 ti �• ,.l �yyR �� •„ti. -�, .�1Dr '•.•+rive' .',�,��i:'i. ,, ,` •�r. •F:;' t' S .+i• 1 ,r.•^.ft.. , .t, ,tlai' . '•. 47 '� , sik ,j��1�i�+ t Ii• fir' .�r r,' i 1- tl F' '� i •:t"' 1. i��F-.r,J r.# < *• 1 �� .,� 'r' h1.ti� 1�tr r' ,'u r t' r l'r..,•F. 'n�, .°!' .'.. .�; u r �i y',,g �,Y.� r- 't", "��:r ,;• f � �a?}r '� ', ii- ,•i ,��•: •�f�, ,_• '�� 'i f N •� i+r _ e ! l - i �a L ,�,{;4� :,.� 'f.. a �. L r (�,��-lj�L�,� ` LL i .':rr' �.• ��' y . y�,, (, �rTY � ].n '``'art { i(r r� k .r.. r a.:�-.:'��•:,7••ti,.t -'''b ', f� h � � ��r ,1 �;� .�� �j' F i + ;1S {.C� y r.n: -r,\ :�,t ,s �,IF'' -,�,: 1•,•, ,^ ► a +sit .i,,,.j;, .* �� r %: i;.1w4,/•�ar f, .5 r 7 '• '. .. :. ,r. �f. t s T „�• �M'S Y ,: `ir. i , ,:.r � 4:F 'e,.a.: `4. io O -- 10 i m SEND R: V ■ Complete items 1 and/or 2 for additional services. I also wish to receive the m ■complete items 3.4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. y ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address m ■Wnte Return Receipt Requested' on the mallpiece below the amide number. 2. ❑ Restricted Delivery ■ The Return Receipt will show to wham the articia was delivered and the date c delivered. Consult postmaster for fee. 0 -0 3. Article Addressed to: 4a. Article Number M � 06 ,&-Z t L O 0 I 41A� 4b. Service Type } ML_r Cl-Registered t�-C ified ❑-Expi6ss.'Mail ❑ Insured ❑ Retum Receipt for Merchandise ❑ COD 7. Date of Delivery Cy 5. eived By: (Print Name) , 8. Addressee's Address (Only if requested If and fee is paid) g 6. Signature: (A dressea or gent) a. X M PS Form 3811, December 1994 Domestic Return Receip