HomeMy WebLinkAbout990031_Permit (Issuance)_20180410L' v,
Water Resources
Environmental Quality
April 10, 2018
Mr. Loyd Bryant
Loyd Ray Farms, Inc.
2049 Center Road
Boonville, NC 27011
Subject: Innovative Swine Waste Management System
Individual Swine Waste Management System Permit No. AW1990031
Semi -Annual Report for July 1-December 31, 2017
Yadkin County
Dear Mr. Bryant,
ROY COOPER
Governor
WCHAEL S. REGAN
Secretary
S. JAY ZRVMMRMAN
Director
The semi-annual comprehensive compliance report, as required by condition 111.8. of the
Individual Permit, has been received and reviewed by the Division of Water Resources (DWR) for
compliance with the conditions set forth in the permit. This letter summarizes our findings with
respect to permit compliance.
L Performance Standards
1. There were no reported bypasses of the Innovative System and no documented discharge of
pollutants to surface waters, wetlands, or ditches.
2. Permit condition 1.6.a.i. states that the facility must substantially reduce ammonia emissions.
The combined ammonia emissions from the swine waste treatment and storage structures
for the summer (2017 Q-4) were reported to be 4.04 kg NH3-N/week which is below the
permit limit of 106 kg NH3-N/week anda substantial reduction from the last reporting period.
3. Condition 1.6.a.ii requires that ammonia emissions from land application sites not exceed 106
kg NH3-N/week. The submitted report states that ammonia emissions from the land
application sites were not measured as required by the current permit. While this omission is
considered a non -compliant event under the old permit, the Division intends to remove this
monitoring condition in the new permit. The Division will review your request but expects no
issues with that phase of the system.
4. Total ammonia emissions from the swine farm shall not exceed 476 kg NH3-N/week (barns,
waste treatment and storage system, and land application sites). Submitted results indicate
that the total emissions were compliant at 324 kg NH3-N/week (2017 Q 4).
State of North Carolina I Environmental Quality
450 W. Hanes MITI Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
E' A
Loyd Ray Farms, Inc.
April 10, 2018
Page 2
5. The report documents that both 2017 summer and winter season monitoring events resulted
.in no violations with respect to odor intensity levels at the property boundary, using the
"Nasal Ranger" technique. However, for consistency, please correct "Results of odor
sampling—11/16/2616" (page 14) to reflect 2017.
6. Permit condition 1.6.c. states that the facility must substantially eliminate the release of
disease -transmitting vectors and airborne pathogens. Fecal coliform bacteria results for Q 3
and Q-4 were reported to be 110000; 5350; 11000 and 9200. These results, combined with
results from Q-1 and Q-2, exceeded the annual average permit limit of 7,000 MPN/ 100mi. in
the final liquid effluent. It was noted however, that the fecal coliform levels were
substantially less than those reported to date and we are encouraged by the latest results.
Y. OJneration and Maintenance Requirements
1. No violations of the Individual Permit were noted in the submitted report.
2. On site conditions, waste application records, calibration records, etc. shall be reviewed
during the annual compliance inspection which is currently scheduled for April 17, 2018.
3. A reminder that any major structural repairs to treatment basins, digester, or lagoons/storage
ponds must have written documentation from a Professional Engineer certifying proper
design and installation (condition 11.26.). If a piece of equipment is being replaced with a piece
of equipment of the identical specifications, no engineer's approval is necessary [Le, piping,
reels, valves, pumps of same gpm capacity] unless the replacement involves disturbing the
structure's embankment or liner.
lll. Monitoring and Reporting Requirements
1. No sludge was removed from the'system and land applied during this report period. No
records required.
2. The permit requires that a log of all operator inspections and operational changes be
recorded and maintained. This includes rainfall, system observations, maintenance, repair,
etc. The submitted records were very complete and well documented.
3. A representative Standard Soil Fertility Analysis (i.e. soil test) was not performed by the end
of 2017 as required by permit condition 111.4. Failure to conduct the required soil analysis is a
violation of the Individual Swine Animal Waste Management System Permit.
4. Permit condition 111.5. describes the waste water analyses that must be conducted on a
quarterly basis. These parameters are: total N, NH3-N, NO3-N/NO2-N, total P, % solids, copper,
zinc, pH and pathogens. Samples are to be taken from the digester and the effluent (leaving
the aeration basin). All sampling was conducted as mandated. Although the fecal coliform
concentration in the final effluent failed to meet the permit limit of 7,000 MPN/ 100mL, it
appears that the re -installation of the curtain baffles in the anaerobic digester has helped
bring the fecal coliform bacteria levels down. We are optimistic that the system can achieve
pathogen reduction compliance in the future.
4
Loyd Ray Farms, Inc.
April 10, 2018
Page 3
The waste water analysis chart on page 11 of the report needs to be revised. The dates listed
in the chart do not match those of the Report of Analysis from Research and Analytical
Laboratories, Inc. Please review the data and make the necessary corrections. If using the
chart to report results, then ALL fecal coliform results must be Ilsted.
5. Ammonia air sampling occurred in the summer (Q 2) and winter (Q-4) as required by permit
condition 111.5. The permit further states that after two years of monitoring and reporting that
you "may request to continue quarterly liquid sampling for ammonia or directly sample air
emissions from all open air structures annually, with alternating sampling during the summer
and winter seasons." If you wish to revert to annual air emissions sampling please submit
your request in writing to DWR.
6. A review of the report notes that no quarterly odor sampling occurred during Quarter 3 as
required by the current permit. However, Quarter 4 odor compliance was monitored at both
upwind and downwind locations on the property boundary as currently required. Our records
also indicate that Lloyd Ray Farms, Inc. has been compliant with 15A NCAC 02T .1307 for
more than two years. The permit, therefore, allows the permittee "to reduce odor
compliance monitoring to an annual basis, with alternating years having sampling during the
summer and winter seasons." The Division would support a request for sampling on an
annual basis in the new Permit. Any requests must be submitted in writing to DWR.
7. Other reporting requirements such as waste levels, stocking records, and land application
records will be reviewed by DWR during the April 17, 2018 compliance inspection.
IV. Groundwater Requirements
Groundwater quality monitoring is not currently deemed necessary by the Division.
V. Inspections
The next onsite compliance inspection is scheduled for April 17, 2018. Additional records,
equipment and regulated operations will be reviewed during the inspection.
Vt. General Conditions
1. The lagoon waste level records will be reviewed during the compliance inspection.
2. All containment basins, such as the lagoon, aeration basin, and digester shall continue to be
subject to the conditions and requirements of the Permit until properly closed. No plans for
closure have been submitted to the Division.
3. There are no outstanding permit fees to be paid.
4. The permittee has designated and maintained a certified waste operator during the reporting
period as required by the Permit.
5. The Division has not required any additional monitoring during the reporting period.
6. The Division has not pursued enforcement action against the permittee.
v
Loyd Ray Farms, Inc.
April 10, 2018
Page 4
7. The Division is not aware of any violations of statutes, rules, or ordinances.
8. There have been no modifications to the animal waste management system requiring
approval from the Division.
9. The permittee has submitted their permit renewal application as required. The Permit has not
yet been issued.
10. The Permit was not modified, revoked, reissued, or terminated during the last six months. To
date, there has no ownership change.
11. The facility was not depopulated during the reporting period.
V11. Penalties
1. To date, there have been no civil penalties assessed to Loyd Ray Farms, Inc.
2. The facility was noncompliant, during the reporting period with regards to soil testing and
fecal coliform levels.
Required Written Response
Please address the violations listed in VI1.2., above. Your response should detail how you have or
plan to address the noncompliant events. Your response should be sent to my attention at the
address in the footer on page one. You are encouraged to contact Melissa Rosebrock (336-776-
9699) or me (336-776-9696) if you have any questions or concerns.
Sincerely,
e3
Sherri V. Knight, P. E.
Regional.Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: Gus Simmons, Jr. — Cavanaugh & Associates, P.A. (vta email)
Mark Arsenault - Duke Carbon Offsets Initiative (via email)
Jimmy Pollock —L&H Farms, LLC
Yadkin County SWCD/NRCS (via email)
NCDEQ DWR - Confined Animal Feeding Operations
WSRO File Copy
iv
M
Water Resources
Environmental Quality
April 10, 2018
Mr. Loyd Bryant
Loyd Ray Farms, Inc.
2049 Center Road
Boonville, NC 27011
Subject: Innovative Swine Waste Management System
Individual Swine Waste Management System Permit No. AW1990031
Semi -Annual Report for July 1-December 31, 2017
Yadkin County
Dear Mr. Bryant,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
The semi-annual comprehensive compliance report, as required by condition 111.8. of the
Individual Permit, has been received and reviewed by the Division of Water Resources (DWR) for
compliance with the conditions set forth in the permit. This letter summarizes our findings with
respect to permit compliance.
L Performance Standards
1. There were no_reported bypasses of the Innovative System and no documented discharge of
pollutants to surface waters, wetlands, or ditches.
2. Permit condition 1.6.a.i. states that the facility must substantially reduce ammonia emissions.
The combined ammonia emissions from the swine waste treatment and storage structures
for the summer (2017 Q-4) were reported to be 4.04 kg NH3-N/week which is below the
permit limit of 106 kg NH3-N/week and.a substantial reduction from the last reporting period.
3. Condition 1.6.a.ii requires that ammonia emissions from land application sites not exceed 106
kg NH3-N/week. The submitted report states that ammonia emissions rom the land el
application sites were not measured as required by the current permit. While this omission is
considered a non -compliant event under the old permit, the Division intends to remove this
monitoring in the new permit. The Division will review your request but expects no
issues with that phase o he system.
4. Total ammonia emissions from the swine farm shall not exceed 476 kg NH3-N/week (barns,
waste treatment and storage system, and land application sites). Submitted results indicate
that the total emissions were compliant at 324 kg NH3-N/week (2017 Q-4).
State of North Carolina I Environmental Quality
450 W. Hanes MITI Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
Loyd Ray Farms, Inc.
April 10, 2018
Page 2
5. The report documents that both 2017 summer and winter season monitoring events resulted
\� ACV in no violations with respect to odor intensity levels at the property boundary, using the
"Nasal Ranger" technique. However, for consistency, please correct "Results of odor
sampling—111161201V (page 14) to reflect 2017.
6. Permit condition 1.6.c. states that the facility must substantially eliminate the release of
disease -transmitting vectors and airborne pathogens. Fecal coliform bacteria results for Q 3
and Q-4 were reported to be 110000; 5350; 11000 and 9200. These results, combined with
1 results from Q 1 and Q-2, exceeded the annual average permit limit of 7,000 MPN/ 100mL in
i the final liquid effluent. It was noted however, that the fecal coliform levels were
P\0,,,1\5 , substantially less than those reported to date and we are encouraged by the latest results.
N. Operation and Maintenance Requirements
1. No violations of the Individual Permit were noted in the submitted report.
2. On site conditions, waste application records, calibration records, etc. shall be reviewed
during the annual compliance inspection which is currently scheduled for April 17, 2018.
3. A reminder that any major structural repairs to treatment basins, digester, or lagoons/storage
ponds must have written documentation from a Professional Engineer certifying proper
design and installation (condition 11.26.). If a piece of equipment is being replaced with a piece
of equipment of the identical specifications, no engineer's approval is necessary [i.e. piping,
reels, valves, pumps of same gpm capacity] unless the replacement involves disturbing the
structure's embankment or liner.
/it. Monitorina and Reporting Requirements
1. No sludge was removed from the -system and land applied during this report period. No
records required.
2. The permit requires that a log of all operator inspections and operational changes be
recorded and maintained. This includes rainfall, system observations, maintenance, repair,
etc. The submitted records were very complete and well documented.
3. A representative Standard Soil .Fertility Analysis (i.e. soil test) was not performed by the end
of 2017 as required by.permit condition 111.4. Failure to conduct the required soil analysis is a
violation of the Individual Swine Animal Waste Management System Permit.
4. Permit condition 111.5. describes the waste water analyses that must be conducted on a
quarterly basis. These parameters are: total N, NH3-N, NO3-N/NO2-N, total P, % solids, copper,
zinc, pH and pathogens. Samples are to be taken from the digester and the effluent (leaving
the aeration basin). All sampling was conducted as mandated. Although the fecal coliform
concentration in the final effluent failed to meet the permit limit of 7,000 MPN/ 100mL, it
appears that the re -installation of the curtain baffles in the anaerobic digester has helped
bring the fecal coliform bacteria levels down. We are optimistic that the system can achieve
pathogen reduction compliance in the future.
Loyd Ray Farms, Inc.
April 10, 2018
Page 3
i4
�r
The waste water analysis chart on page 11 of the report needs to be revised. The dates listed �, t
in the chart do not match those of the Report of Analysis from Research and Analytical
Laboratories, Inc. Please review the data and make the necessary corrections. If using the I i2
chart to report results, then ALL fecal coliform results must be listed.
5. Ammonia air sampling occurred in the summer (Q-2) and winter (Q-4) as required by permit h� '
condition III.S. The permit further states that after two years of monitoring and reporting that
you "may request to continue quarterly liquid sampling for ammonia or directly sample air
emissions from all open air structures annually, with alternating sampling during the summer
and winter seasons." If you wish to revert to annual air emissions sampl' please submit
your request in writing to DWR. 4&5 -t1K\ j beey\ Ire" `
6. A review of the report notes that no quarterly odor sampling occurred during Quarter 3 as
required by the current permit. However, Quarter 4 odor compliance was monitored at both
upwind and downwind locations on the property boundary as currently required. Our records
also indicate that Lloyd Ray Farms, Inc. has been compliant with 15A NCAC 02T .1307 for
more than two years. The permit, therefore, allows the permittee "to reduce odor
compliance monitoring to an annual basis, with alternating years having sampling during the 2
summer and winter seasons." The Division would support a request for sampling on an
annual basis in the new Permit. Any requests must be submitted in writing to DWR. r�CQf;v�S'I
Other reporting requirements such as waste levels, stocking records, and land application l� '
records will be reviewed by DWR during the April 17, 2018 compliance inspection.
IV. Groundwater Requirements
Groundwater quality monitoring is not currently deemed necessary by the Division.
V. Inspections
The next onsite compliance inspection is scheduled for April 17, 2018. Additional records,
equipment and regulated operations will be reviewed during the inspection.
VI. General Conditions
1. The lagoon waste level records will be reviewed during the compliance inspection.
2. All containment basins, such as the lagoon, aeration basin, and digester shall continue to be
subject to the conditions and requirements of the Permit until properly closed. No plans for
closure have been submitted to the Division.
3. There are no outstanding permit fees to be paid.
4. The permittee has designated and maintained a certified waste operator during the reporting
period as required by the Permit.
5. The Division has not required any additional monitoring during the reporting period.
6. The Division has not pursued enforcement action against the permittee.
Loyd Ray Farms, Inc.
April 10, 2018
Page 4
7. The Division is not aware of any violations of statutes, rules, or ordinances.
8. There have been no modifications to the animal waste management system requiring
approval from the Division.
9. The permittee has submitted their permit renewal application as required. The Permit has not
yet been issued.
10. The Permit was not modified, revoked, reissued, or terminated during the last six months. To
date, there has no ownership change.
11. The facility was not depopulated during the reporting period.
Vll. Penalties
1. To date, there have been no civil penalties assessed to Loyd Ray Farms, Inc.
2. The facility was noncompliant, during the reporting period with regards to soil testing and
fecal coliform levels.
Required Written Response
Please address the violations listed in VII.2., above. Your response should detail how you have or
plan to address the noncompliant events. Your response should be sent to my attention at the
address in the footer on page one. You are encouraged to contact Melissa Rosebrock (336-776-
9699) or me (336-776-9696) if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: Gus Simmons, Jr. — Cavanaugh & Associates, P.A. (via email)
Mark Arsenault- Duke Carbon Offsets Initiative (via email)
Jimmy Pollock—L&H Farms, LLC
Yadkin County SWCD/NRCS (via email)
NCDEQ DWR - Confined Animal Feeding Operations
WSRO File Copy