760060_Correspondence_20180727 (3)

Rosebrock Melissa
From: Rosebrock, Melissa
Sent: Friday, July 27, 2018 10:56 AM
To: 'Johnson, Hal C.'
Cc: 'David Allen ([e-mail])'; Danny Shaw; Jonathan Black; Dale, Jay L.; Lawson, Christine;
Chandler, Rebecca D
Subject: RE: [External] Status of NPDES Permits Koopman Dairies, Inc. /Ramseur -Julian Road, Liberty, N.C.
Attachments: Cattle NPDES General Permit 12-5-2016.pdf
Hi Hal,
Thanks for your email regarding Koopman Dairies, Inc. This facility currently holds a Certificate of Coverage (COC no.
AWC760060) authorizing the operation of a 5000 milk cow operation under the State "Cattle Waste Management
System General Permit" AWG200000.
A little background:
-In May 2016, Koopman Dairies, Inc. submitted an application (and was granted approval) to increase their
herd/permit number to 5000.
-In October 2017 the dairy wanted to increase their waste storage capacity (not # of cattle) and so submitted a
design -package application for a new waste structure on the east side of US 421(# of animals staying the same). This
approval was only for the waste structure and "a transfer pipe to be installed uphill of waste pond #5 to allow
transfer trucks to dump waste in a drop outlet at the top of the hill and transfer waste by gravity to the waste
pond." The construction of this waste structure has just begun.
The facility is currently in the process of applying for an NPDES general permit. This includes a revision and update of
their Certified Animal Waste Management Plan (CAWMP). The waste plan must be written by a technical specialist
with NRCS, Soil & Water, Extension, or a private company. Until the permit package is submitted we have nothing to
review and/or approve/disapprove and the facility cannot expand their was management system or cattle numbers
beyond what was approved in October 2017. An NPDES permit application, unlike a State permit application, is public
noticed on our website for 30 days. I've attached a copy of the current NPDES General Permit. The permits are good
for 5 years. The current one was issued July 1, 2017 and expires June 30, 2022. Anyone with an NPDES permit will
need to re -apply at least six months prior to June 30, 2022.
Here's a link to the State's Animal Feeding Operations website: https://deg.nc.Rov/about/divisions/water-
resources/water-quality-regional-operations/afo
I hope this helps answer some questions. Let me know if you need anything else!
Best regards,
Melissa
Melissa Rosebrock
Environmental Specialist 11
NC Division of Water Resources
NC Department of Environmental Quality
Office: 336-776-9699; Mobile: [phone]; Email: melissa.rosebrock(a)ncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105

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From: Johnson, Hal C. [mailto:[e-mail]]
Sent: Thursday, July 26, 2018 3:57 PM
To: Rosebrock, Melissa <[e-mail]>; Chandler, Rebecca D <[e-mail]>
Cc:'David Allen ([e-mail])' <[e-mail]>; Danny Shaw <[e-mail]>; Jonathan Black
<[e-mail]>; Dale, Jay L. <[e-mail]>
Subject: [External] Status of NPDES Permits/Former Meridale Dairy Farm/Ramseur-Julian Road, Liberty, N.C.
N.C. Environmental Management Commission
Department of Environmental Quality
Cattle Waste Management NPDES Permitting
C/O Mellisa Rosebrock, C/O Rebecca Chandler
Winston-Salem, N.C.
Dear Ms. Rosebrock & Ms. Chandler,
There has recently been a major expansion of the cattle waste management lagoons located at
what was formerly the Meridale Dairy Farm, Ramseur -Julian Road, Liberty, N.C. (Randolph
County) This property is located in the Sandy Creek Watershed. Mayor Danny Shaw, Ramseur, N.C.,
has expressed to me his concern on the environmental impacts this expanded facility may have on
the Town of Ramseur's drinking water supply.
Please provide me an update on the status of NPDES permits at this expanded facility. I know that
you understand Randolph County and Town of Ramseur concerns that the water quality of Sandy
Creek Watershed is being protected.
Thank you for any information you may provide.
Regards,
Hal Johnson
Randolph County Manager
725 McDowell Rd.
Asheboro, NC 27205
336-318-6302
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C: David Allen, Chairman, Board of County Commissioners
2

C: Danny Shaw, Mayor, Town of .mseur
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NPDES Permit Number NCA300000
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
CATTLE WASTE MANAGEMENT SYSTEM NPDES GENERAL PERMIT
This National Pollutant Discharge Elimination System (NPDES) General Permit (Permit) is issued pursuant to
North Carolina General Statutes G.S. 143-215 et seq. and Section 402 of the Clean Water Act (Act), may apply to
any cattle facility in the State of North Carolina and shall be effective from July 1, 2017 until June 30, 2022. The
Division of Water Resources of the Department of Environmental Quality (Division) will. make the facility's
Certificate of Coverage (COC) and Certified Animal Waste Management Plan (CAWMP) available for public
review for thirty (30) days prior to issuance of coverage under this Permit.
The animal waste management systems covered by this Permit normally include some type of collection system
(flush, pit recharge, scraped lots, etc.); pipes or ditches for transmission of the waste; lagoons or ponds to collect,
treat, and store the waste; land application equipment; and sufficient acreage for application of the animal waste at
agronomic rates. If prior approval is received from the Director, this Permit may cover innovative treatment
systems incorporated into the animal waste management system.
All activities authorized herein shall be consistent with the terms and conditions of this Permit.
Holders of a COC under this Permit shall comply with the following specified conditions and limitations.
I. PERFORMANCE STANDARDS
Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise
provided in this Permit and associated statutory and regulatory provisions. Waste shall not reach
surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct
discharge, or ditches not otherwise classified as state waters.
The waste management system operated under this Permit shall be effectively maintained and
operated as a non -discharge system to prevent the discharge of pollutants to surface waters or
wetlands. Application of waste to terraces and grassed waterways is acceptableas long as it is
applied in accordance with Natural Resources Conservation Service (MRCS) standards and does
not result in a discharge of waste to the surface waters or wetlands.
Facilities existing on or prior to April 14, 2003 must be designed, constructed, and operated to
contain all waste plus the accumulated volume from a 25-year, 24-hour rainfall event for the
location of the facility. A facility that has a discharge of waste that results because of a storm
event more severe than the 25-year, 24-hour storm will not be considered to be in violation of this
Permit if the facility is in compliance with its CAWMP, the Act and its implementing regulations,
and this Permit.
December 5, 2016

NPDES Permit Number NCA300000
Any discharge or application of waste to a ditch that drains to surface waters or wetlands is
prohibited except as follows: (a) discharges from the ditches are controlled by best management
practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been
submitted to and approved by the Division; (c) the BMPs were implemented as designed to
prevent a discharge to surface waters or wetlands; (d) the waste was .removed immediately from
the ditch upon discovery; and (e) the event was documented and reported in accordance with
Condition VI.21. of this Permit. Nothing in this exception shall excuse a discharge to surface
waters or wetlands except as may result because of rainfall from a storm event more severe than
the 25-year, 24-hour storm. [40 CFR 412 Subpart C and D; 15A NCAC 02T .1305 (e)]
2. No discharge of waste shall result in a violation of the water quality standards established for the
receiving waters as per Title 15A, Subchapter 213, Section .0200 of the North Carolina
Administrative Code (NCAC).
The facility's COC and its CAWMP are hereby incorporated by reference into this Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal,
state and local) in effect at the time of siting and design and certification of the facility.
The Permittee must assess, on an ongoing basis, the effectiveness of the implementation of the
CAWMP. The Permittee must modify the CAWMP in order to address any changes needed to
maintain compliance with the facility's COC and this Permit. Any proposed change to the
CAWMP requires a formal request to modify the COC be submitted to the Division's Central
Office. The request shall include the proposed version of the CAWMP with changes from the
previous version identified. The Division will review the request to determine if the changes are
considered a major modification or a minor modification (see Section VUL Definitions).
Proposed major modifications will be made available for public review and comment for thirty
(30) days. The Division. will issue a new or amended COC after consideration of public
comments and approval of the modification. Note that a supplemental sludge removal and
application plan is considered a major modification of the CAWMP and is subject to the thirty
(30) day public notice requirement prior to approval. A facility may not implement a major
modification until a new or amended COC has been issued.
Minor modifications do not require public notice; however, the Permittee must receive approval
from the Division prior to implementation.
The Permittee may request permission from the Division to immediately proceed with a
temporary major modification to the CAWMP for a maximum of one hundred eighty (180) days.
The Division will make these modifications available for public review for thirty (30) days. The
public review must occur prior to the close of the temporary modification period. [40 CFR
122.42(e); 15A NCAC 02T . 13 05 (e)]
Any violation of the COC or the CAWMP shall be considered a violation of this Permit and
subject to enforcement actions. A violation of this Permit may result in the Permittee having to
take immediate or long-term corrective action(s) as required by the Division or the Environmental
Protection Agency (EPA). These actions may include, but are not limited to, modifying the
CAWMP; ceasing land application of waste; removing animals from the facility; or reopening
and modifying, revoking and reissuing, and/or terminating the COC. [40 CFR 122.41(a); 15A
NCAC 02T . 13 05 (e)]
December 5, 2016

NPDES Permit Number NCA300000
4. Any proposed increase in the certified design capacity or the Steady State Live Weight (SSLW)
of animals above that authorized by the COC will require a modification to the CAWMP and the
COC prior to the actual increase in either waste production or (SSLW) of animals. [ 15A NCAC
02T .1305 (b)]
5. A copy of this Permit, the facility's COC, certification forms, lessee and landowner agreements,
and the CAWMP 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 for the life of this Permit, unless otherwise specified in this Permit (see Condition
IV.20). These documents shall be kept in good condition, and records shall be maintained in an
orderly fashion. [40 CFR 122.42(e); 15A NCAC 02T .1.305 (e)]
6. If prior approval is received from the Director, facilities that have been issued a COC to operate
under this Permit may either add treatment units for the purpose of removing pollutants before
land application of waste or add various innovative treatment processes to the systems in order to
determine if the innovative treatment process will improve how the waste is treated and/or
managed. Prior to any approval, the Permittee must demonstrate to the satisfaction of the
Director that the new treatment unit/innovative treatment process will not interfere with the
operation of the existing treatment system and that a process is in place to properly manage and
track the pollutants removed. [I5A NCAC 2T .1308]
For all new and expanding operations, no collection, treatment, or storage facilities may be
constructed in a 100-year flood plain. [G.S. 106-803 (a)]
A COC under this Permit will not be issued to any facility until the applicant demonstrates that
the facility can comply with the requirements of state and federal phosphorus -loss standards.. [40
CFR 122.42(e); 15A NCAC 02T .1305 (e)]
Il. PUBLIC NOTIFICATION
1. When the Division determines that an application for permit coverage and CAWMP are
complete, the Division will publish the proposal to grant coverage under this Permit, the
application for coverage, and the CAWMP for public review and comment for a period of thirty
(30) days. [40 CFR 124.10; 15A NCAC 02T .1305 (e)]
2. Documents for public review will be made available on the Division's website and at the
Division's Central Office located at 512 N. Salisbury St, Raleigh, NC 27604. [40 CFR 124.10;
15A NCAC 02T .1305 (e)]
3. The following items require notification for public review and comment [40 CFR 124.10; 15A
NCAC 02T .1305 (e)]:
a. Application for permit coverage, including permit renewal applications.
b. Requests for major modifications to a Permit, see Condition I.3.
C. Supplemental sludge removal and application plans, see Condition III.9.
d. Modifications to the animal waste collection, treatment, and storage system.
December 5, 2016

NPDES Permit Number NCA300000
M. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this Permit. [40 CFR 122.41 (d); 15A NCAC 02T .1305 (e)]
2. The Permittee shall, at all times, properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances), which are installed or used by the Permittee to
achieve compliance with the conditions of this Permit. Proper operation and maintenance
includes the operation of back-up or auxiliary facilities or similar systems only when necessary to
achieve compliance with the conditions of this Permit. (40 CFR 122.41(e); 15A NCAC 02T .1305
(e)]
3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
facility's CAWMP. At a minimum, the maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain a 25-year, 24-hour storm event plus the
designed structural freeboard [a minimum of one (1) foot is required] except that there shall be no
violation of this condition if:
a. there is a storm event more severe than a 25-year, 24-hour event,
b. the Permittee is in compliance with its CAWMP, and
C. the waste level has not entered the designed structural freeboard.
In addition to these requirements, new and expanding farms with lagoon/storage pond designs
completed after September 1, 1996 must also provide storage for the heavy rainfall factor. In
the case of gravity -fed lagoons/storage ponds in series, a 25-year, 24-hour storm event and/or the
heavy rainfall factor storage requirement for the system may be designed into the lowest
lagoon/storage pond in the system. However, adequate freeboard must be designed into the upper
lagoons/storage ponds to allow sufficient storage to prevent the waste level from rising into the
structural freeboard while the storm water is draining into the lowest lagoon in the system. [15A
NCAC 02T .1305 (b)]
4. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be applied upon
areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30) days
prior to planting or breaking dormancy. [15A NCAC 02T ..1305 (b)]
5. Soil pH on all land application fields must be adjusted according to the recommendation from the
Standard Soil Fertility Analysis (see Condition IV.?) to ensure that it is maintained in the
optimum range for crop production. [15A NCAC 02T .1305 (b)]
6. Land application rates shall be in accordance with the CAWMP, in no case shall land application
rates for any field exceed agronomic rates or the established crop removal rate for phosphorus for
fields with a "HIGH" phosphorus -loss assessment rating as established using the Phosphorus
Loss Assessment Tool (PLAT) developed by NC State University and NRCS. There shall be no
waste application on fields with a "VERY HIGH" phosphorus -loss assessment rating.
In no case shall land application rates result in excessive ponding or any runoff during any given
application event. [ 15A NCAC 02T. 1305 (b)]
December 5, 2016

NPDES Permit Number NCA300000
7. Direct application of animal waste onto land which is used to grow crops for direct human
consumption that do not undergo further processing (e.g., strawberries, melons, lettuce, cabbage,
apples, etc.) shall not occur following the planting of the crop or at any time during the growing
season or, in the case of fruit bearing trees, following breaking dormancy. Application of animal.
wastes shall not occur within thirty (30) days of the harvesting of fiber and food crops for direct
human consumption that undergoes further processing. [ 15A NCAC 02T .1109(b)]
8. If manure or sludge is applied on conventionally tilled, bare soil, the waste shall be incorporated
into the soil within two (2) days after application on the land, or prior to the next rainfall event,
whichever occurs first. This requirement does not apply to no till fields, pastures, or fields where
crops are actively growing. [15A NCAC 02T .1305 (b)]
9. The Permittee shall submit a sludge removal and application plan to the Division at least ninety
(90) days prior to sludge removal, as these are considered a major modification of the CAWMP
(see Condition I.3). A phosphorus -loss evaluation must be completed for any field that is to
receive sludge that has not already been evaluated in accordance with Condition IV.8, and the
sludge land application must be in accordance with the results of this evaluation. This condition
does not apply to situations where waste is transferred to, and land applied by a third party, as
described in Condition 1V.10. [G. S. 143-215.1 OC (e); 15A NCAC 02T .1305 (b)]
The Permittee shall notify the appropriate Division Regional Office at least twenty-four (24)
hours prior to the start of sludge removal. and land application. At the time of sludge removal
from a lagoon/storage pond, the sludge must be managed in accordance with the CAWMP.
When removal of sludge becomes necessary, provisions must be taken to prevent damage to the
lagoon/storage pond dikes and liner. [15A NCAC 02T .1305 (b)]
10. No material other than animal wastes of the type generated on this facility shall be disposed of in
the animal waste collection, treatment, storage, or application systems. This includes but is not
limited to pesticides, toxic chemicals and petroleum products. The Permittee shall: comply with
effluent standards and prohibitions established under Section 307(a) of the Act for toxic
pollutants within the time provided in the regulations that establish these standards or
prohibitions, even if the Permit has not yet been modified to incorporate the requirement. [40
CFR 122.42 (e); 15A NCAC 02T. 1305 (b)]
11. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged
into the animal waste management system. Water from washing machines located in the milking
parlors, used exclusively for washing cloths used during milking, and from wash vats required to
be connected to the animal waste management system by Grade A Pasteurized Milk Ordinance
Part I1, Section 7, Item 5r are exempt from this requirement. Wash water from the cleaning of
stock trailers will be permissible only for trailers that are owned by the facility and are used to
transport animals to and from the facility, as long as the system has been evaluated and approved
to accommodate the additional volume. Only those cleaning agents and soaps that are .EPA
approved, will not harm the cover crop, and will not contravene the groundwater standards listed
in 15A NCAC 2L may be utilized in facilities covered by this Permit. Instruction labels are to be
followed when using cleaning agents and soaps. [15A NCAC 02T .1305 (b)]
12. Disposal of dead animals resulting from normal mortality rates associated with the facility shall
be done in accordance with the facility's CAWMP and the North Carolina Department of
Agriculture and Consumer Services (NCDA&CS) Veterinary Division's statutes and regulations.
As a part of the facility's CAWMP, the Permittee shall develop a mortality management plan that
addresses normal mortality rates and mass mortality scenarios.
December 5, 2016

NPDES Permit Number NCA300000
Disposal of dead animals whose numbers exceed normal mortality rates associated with the
facility shall be done in accordance with the facility's CAWMP and the North Carolina
Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's statutes
and regulations plus: 1) burial of such animals shall be done in consultation. with the State
Veterinarian of the NCDA&CS Veterinary Division's statutes and in compliance with
NCDA&CS regulations; 2) all such burial sites must be mapped, and the dates and numbers of
the animals buried by type must be recorded; and 3) the map and recorded information are
submitted to the appropriate Division Regional Office within fifteen (1.5) calendar days of burial.
In the event of a Governor -declared state of emergency, disposal of dead animals shall be done in
accordance with requirements and guidelines dictated by the State Veterinarian according G.S.
106-402.1. The Division may require groundwater monitoring when there is massive burial of
animals. All burial sites of such animals must be mapped, and the dates and numbers of the
animals buried by type must be recorded. [40 1CFR 122.42(e); 15A NCAC 02T .1305 (e)]
13. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste lagoons/storage ponds
to prevent any unnecessary addition to the liquid volume in the structures. Runoff from lounging
areas to the lagoons/waste storage ponds shall be prevented, unless it has been approved in the
CAWMP. [15A NCAC 02T. 1305 (b)]
14. Animals confined at the Facility shall not be allowed to come into direct contact with waters of
the State. Fences may be used to restrict such access. [40 CFR 122.42(e); 15A NCAC 02T .1305
(e)]
15. Site -specific conservation practices necessary to prevent runoff of pollutants to waters of the
State (such as no -till cropping to meet PLAT requirements) shall be identified in the CAWMP.
These practices shall be implemented and maintained as part of the Permit. (40 CFR 122.42(e);
15A NCAC 02T .1305 (e)]
16. A protective vegetative cover shall be established and maintained on all earthen lagoon/storage
pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe
runs, and diversions to surface waters or wetlands. Trees, shrubs, and other woody vegetation
shall. not be allowed to grow on the lagoon/storage pond embankments. All trees shall be
removed in accordance with good engineering practices. Lagoon/storage pond areas shall be
accessible, and vegetation shall be mowed regularly. [ 15A NCAC 02T .1305 (b)]
17. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires,
bottles, light bulbs, gloves, syringes, or any other solid waste. [15A NCAC 02T .0108 (b)(1)]
18. The facility must have at least one of the following items at all times: (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of the
necessary equipment, or (c) a contract with a third -party applicator capable of providing adequate
waste application. [15A NCAC 02T .1305 (b)]
19. The Permittee shall designate a certified Type B Animal Waste Management System Operator
with a valid certification to be the Operator in Charge (OIC) for the animal waste management
system. The animal waste management system shall be operated by the OIC or a designated
back-up OIC under the OIC's supervision. [G.S. 90A-47]
December 5, 2016

NPDES Permit Number NCA300000
20. In accordance with 15A NCAC 08F .0203(c)(2), the OIC or a designated back-up OIC shall
inspect, or a person under the supervision of an OIC or designated back-up OIC shall inspect, the
land application site as often as necessary to ensure that the animal waste is applied to land in
accordance with the CAWMP. In no case shall the time between inspections be more than one
hundred twenty (120) minutes during the application of waste. A record of each inspection shall
be recorded on. forms supplied by, or approved _by, the Division and shall include the date, time,
sprayfield number, and name of the operator for each inspection. Inspections shall include but
not be limited to visual observation of application equipment, spray fields, subsurface drain
outlets, ditches, and drainage ways for any discharge of waste.
21. The Permittee shall install, operate, and maintain devices on all irrigation pumps/equipment
designed to automatically stop irrigation activities during precipitation. This Condition does not
apply to manure spreaders or other equipment pulled by manned vehicles. [40 CFR 122.41 (e);
15A NCAC 02T. 1305 (e)]
The Permittee will not be required to install, operate, and maintain the devices if the Permittee
commits to provide for the presence of the OIC or the designated backup OIC at all times during
the land application of waste, in order that; in the case of a precipitation event, the irrigation
activities will be stopped immediately. This commitment must be submitted in writing to the
Division on a form supplied by, or approved by, the Division. [G.S. 90A-47]
22. Bypass of a treatment unit within the animal waste management system is prohibited. [40 CPR
122,41 (m); 15A NCAC 02T .1305 (e)]
23. No waste shall be applied in wind conditions that reasonably might be expected to cause the mist
to reach surface waters or wetlands. [I5A NCAC 02T .0108 (b)(1)]
24. The Permittee shall maintain buffer strips or other equivalent practices as specified in the
facility's CAWMP near feedlots, manure storage areas, and land application areas. [40 CFR
122.42 (e); 15A NCAC 02T .1305 (e)]
25. Waste shall be applied using the following setbacks from surface water or wetlands or any
conduit to surface water or wetlands: (a) a 100-foot setback with no vegetated buffer or (b) a 35-
f6ot setback with a vegetated buffer or (c) an alternative practice that has been submitted to and
approved by the Division that would provide equivalent pollutant reductions to the 100-foot
setback. [40 CFR 412.4 (c); 15A NCAC 02T. 1305 (e)]
26. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow covered
at the time of land application. [I5A NCAC 02T. 1305 (b)]
27. Land application of waste is prohibited during precipitation events. The Permittee shall consider
pending weather conditions in making the decision to land apply waste. Weather conditions at
the time of land application and for twenty-four (24) hours prior to and following application
must be documented on forms supplied by, or approved by, the Division. [ I5A NCAC 02T .0108
(b)(1)]
December 5, 2016

NPDES Permit Number NCA300000
Land application of waste shall cease within four (4) hours of the time that the National Weather
Service issues a Hurricane Warning, Tropical Storm Warning, a Flood Watch, or a Flash Flood
Watch associated with a tropical system including a hurricane, tropical storm, or tropical
depression for the county or specific area in which the permitted facility is located. Watches and
warnings are posted on the National Weather Service's website located at: www.weather.mov.
More detailed website information can be found on Page 2 of the COC. Watch and warning
information can also be obtained by calling the local National Weather Service Office that serves
the respective county, which can be found on Page 2 of the COC. [I5A NCAC 02T .0108 (b)(1)]
28. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test
Index for copper of greater than 3,000 (108 pounds per acre) or zinc. of greater than 3,000 (213
pounds per acre). [I 5A NCAC 02T .1305 (b)]
29. Crops to which animal waste is applied must be removed from the land application site and
properly managed and utilized. Harvested crops shall not be allowed to become unusable due to
prolonged exposure to the weather. [15A NCAC 02T .0108 (b)(1)]
30. Any major structural repairs to lagoons/storage ponds must have written documentation from a
Professional Engineer or designated technical specialist certifying proper design and installation.
However, if a piece of equipment is being replaced with a piece of equipment of the identical
specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if
the gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the
replacement involves disturbing the lagoon/storage pond embankment. [15A NCAC 02T .0108
(b)(1)]
31. In accordance with NRCS NC Conservation Practice Standard No. 359 "Waste Treatment
Lagoon", an operator may temporarily lower lagoon levels to provide irrigation water during
drought periods and to provide additional temporary storage for excessive rainfall during the
hurricane season and in preparation for the following winter months during the period of June 15-
October 31. All conditions of NRCS NC Standard No. 359 must be satisfied prior to lowering
lagoon levels below designed stop pump levels.
IV. MONITORING AND REPORTING REOUIREMENTS
An inspection of the waste collection, treatment, and storage structures, and runoff control
measures shall be conducted and documented at a frequency to insure proper operation but at
least monthly and after all storm events of greater than one (1) inch in twenty-four (24) hours.
For example, lagoons/storage ponds, and other structures should be inspected for evidence of
erosion, leakage, damage by animals, or discharge. Inspections shall also include visual
observation of subsurface drain outlets, ditches, and drainage ways for any discharge of waste.
[ 15A NCAC 02T .0108 (b)(1)]
2. Monitoring and Recording Freeboard Levels
a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. A sketch of
each waste -level gauge shall be included in the facility's records. The sketch shall include, at
a minimum, markings for the top of temporary storage and top of permanent storage with
labels indicating the corresponding depths in inches. (40 CFR 412.37; 15A NCAC 02T .1305
(e)]
December 5, 2016

NPDES Permit Number NCA300000
The waste level in each lagoon/storage pond with a waste level gauge shall be monitored
and recorded weekly on forms supplied by, or approved by, the Division. [40 CFR
412,37; 15A NCAC 02T . 13 05 (c)]
The Director may require more frequent monitoring and recording on waste levels based
on the facility's compliance history for freeboard violations. [15A NCAC 02T .0108 (c)]
b. As deemed necessary by the Director, new, modified, or automated waste -level gauges
may be required at any facility if it is determined that the existing gauges are not accurate
in indicating actual freeboard levels or based on violations and/or incomplete or incorrect
record keeping of waste levels. [15A NCAC 02T .0108 (c)]
3. Monitoring and Recording Precipitation Events
a. Facilities issued a COC to operate under this Permit are responsible for installing a rain
gauge to measure precipitation. The precipitation type and amount must be recorded
following all precipitation events. The rain gauge must be located in the same proximity
as the lagoons/storage ponds. [15A NCAC 02T .0108 (b)(1)]
b. As deemed necessary by the Director, an automated rain gauge and recorder may be
required to measure and record all precipitation events based on the facility's violations
and/or incomplete or incorrect record keeping of precipitation events. [15A NCAC 02T
.0108 (b)(1)]
4. Monitoring and Recording Land Application Events
a. The Permittee shall record all land application events, including hydraulic loading rates,
nutrient loading rates (nitrogen and phosphorus), cropping information, and weather
conditions. The OIC will also provide a record of the continuous or 120-minute
inspections of the application area during each land application event. [40 CFR 4.1.2.37;
15A NCAC 02T .1305 (e)]
b. The Director may require the Permittee to install and operate flow meters with flow
totalizers based on the facility's violations and/or incomplete or incorrect record keeping
during land application events. [15A NCAC 02T .0108 (b)(1)]
An inspection of all water lines, including drinking water and cooling water lines, shall be
conducted and documented daily. [40 CFR 412.37; 15A NCAC 02T .1305 (e)]
6. All corrective actions taken as a result of inspection activity shall be documented. [40 CFR
412.37; 15A NCAC 02T .1305 (e)]
7. A 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). The analysis must be conducted at least once every three years.
The Permittee shall perform a phosphorus -loss evaluation prior to application for renewal of this
Permit in accordance with state and federal requirements. This evaluation must be documented
on forms supplied by or approved by the Division and must be submitted to the Division. Upon
completion of the phosphorous -loss evaluation, the CAWMP shall be updated to include the
current risk assessment rating, and submitted to the Division upon application for renewal of this
Permit. [G.S. 143-215.1OC (e)]
December 5, 2016

NPDES Permit Number NCA300000
9 An analysis of the animal waste 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 [G.S.143-215.10C(e)]:
Nitrogen Zinc
Phosphorus Copper
10. The Permittee shall maintain records of the removal of any manure, litter, or process wastewater
from the Facility, provide the recipient(s) with the most current nutrient analysis, and record the
date, recipient name and address, and approximate amount of manure or process wastewater
transferred. The Permittee must inform the recipient(s) of the responsibility of properly
managing the land application of the solids. [40 CFR 122.42(e); 15A NCAC 02T .1305 (e)]
11. All facilities utilizing lagoons, which are issued a COC to operate under this Permit, shall conduct
an annual survey of the sludge accumulation in all lagoons. The survey report should be written
on forms provided or approved by the Division and shall include a sketch showing the depth of
the sludge in. the various locations within each lagoon. This survey shall be submitted as part of
the facility's annual report in the year it was conducted; see Condition IV.19. Survey frequency
may be reduced if it can be demonstrated to the satisfaction of the Division that the rate ,of sludge
accumulation does not warrant an annual survey.
If the sludge accumulation is such that the structure does not satisfy the criteria set by NRCS NC
Conservation Practice Standard No. 359, two copies of a Plan of Action (POA) must be submitted
to the Division Central Office within ninety (90) days of the determination. The plan shall
describe removal and/or waste utilization procedures to be used. [15A NCAC 02T. 1305 (b)]
12. All waste application equipment must be tested and calibrated at least once per year. The results
must be documented on forms provided by, or approved by, the Division. [15A NCAC 02T
.1305(b)]
13. The Permittee must maintain stocking records for the facility so as to demonstrate and report the
annual average number of animals. [40 CFR 122.42 (e); 15A NCAC 02T .1305 (e)]
14. The Permittee must maintain mortality management records, including dates, numbers, disposal
methods, and burial locations (if applicable). [40 CFR 412.37; 15A NCAC 02T .1305 (e)]
15. A record shall be created and maintained of all transfers of waste between lagoons/storage ponds
not typically operated in series. At a minimum, such record shall include the identity of the
lagoon/storage pond from which the waste was transferred, the identity of the lagoon/storage
pond receiving the waste, the date and time of transfer, and the total volume of waste transferred.
[ 15A NCAC 02T A 108 (b)(1)]
16. If, for any reason, there is a discharge from the animal waste management system (including
discharges from the land application sites) to surface waters or wetlands, the Permittee is required
to make notification in accordance with Condition IV.21, unless otherwise noted. The Permittee
will be responsible for notifying the Division with the following information [40 CFR 122.41 (1);
15A NCAC 02T . 13 05 (e)]:
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.
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10

NPDES Permit Number NCA300000
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 IV. 9 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:
Fecal coliform bacteria Five -.day biochemical oxygen demand (BODs)
Total suspended solids Total phosphorus
Ammonia nitrogen Total Kleldahl nitrogen (TKN) or total nitrogen
Nitrate nitrogen
Monitoring results must be submitted to the .Division within thirty (30) days of the
discharge event.
17. All monitoring must be conducted according to test procedures approved in accordance with 40
CFR Part 136, unless other test procedures have been specified in this Permit or approved by the
Director.
18. Samples and measurements taken for the purpose of monitoring shall be representative of the
monitored activity. [40 CFR 122.41 0); 15A NCAC 02T .1305 (e)]
19. An annual certification report shall be filed with the Division's Central Office by March 1 of each
year for the previous calendar year's activities. If the facility was not in compliance, the annual
report must be used to summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance, and current compliance status of the
facility. In addition, the annual report must certify that all records required by this Permit are
available for review during the annual inspection performed by the Division. The annual report
must be completed on a form provided by or approved by the Division. This annual report
requirement will continue for the duration of this permit cycle. [40 CFR 122.42(e); 15A NCAC
02T .1305 (e)]
December 5, 2016
11

NPDES Permit Number NCA300000
The EPA Electronic Reporting Rule (Docket ID No. EPA-HQ-O.ECA-2009-0274) requires all
regulated entities to electronically report data required by the NPDES permit program instead of
filing written paper reports. No later than December 21 2020 the Permittee must begin electronic
submission of all annual report elements listed below directly to .EPA. (Annual report date will
continue to have March 1 submission deadline.)
a. The number and type of animals (annual average);
b. Estimated amount of total manure, litter, and/or wastewater generated in the previous
calendar year (tons/gallons);
C. Estimated amount of total. manure, litter, and/or wastewater transferred to other person in
previous calendar year (tons/gallons);
d. Total number of acres for land application covered by the CAWMP:
e. Total number of acres under control of the Permittee that were used for land application
of manure, litter, and wastewater in the previous calendar year;
f. Summary of all manure, litter, and wastewater discharges from the production area that
occurred in the previous calendar year, including date, time, and approximate volume;
g. A statement indication whether the current version of the CAWMP was developed or
approved by a certified technical specialist with proper designation;
h. The actual crop(s) planted and actual yield(s) for each field, the actual nitrogen and
phosphorus content of the manure, litter, and wastewater, the results of calculations
conducted to determine maximum application rates, the results of any soil tests for
nitrogen and phosphorus taken during the previous calendar year, the data used in
calculations to determine maximum application rates, and the amount of any
supplemental fertilizer applied in the previous calendar year.
The Permittee may seek a temporary electronic reporting waiver by submitting a request to the
Division. The waiver request must contain the following details:
a. Facility name;
b. Permit number;
Facility mailing address and physical address;
d. Name, address; and contact information for the owner, operator, or authorized
representative;
e. Brief written statement regarding the basis for claiming such a temporary waiver.
December 5, 2016
12

NPDES Permit Number NCA300000
The Division will either approve or deny this electronic reporting waiver request within 120 days.
The duration of a temporary waiver may not exceed five (5) years. The permittee must reapply
for a new temporary waiver. Approved waivers are not transferable. Only permittees with an
approved reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved waiver request is effective. Permittees with approved
waiver requests must submit all annual report elements listed above to the Division's Central
Office by March 1 of each year for the previous calendar year's activities. The Permittee must
sign and certify all submissions, and all submissions must be legible originals.
20. All records required by this permit and the facility's CAWMP, including but not limited to soil
and waste analysis, 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 transfer of separated solids to off -site location(s), shall be
maintained by the Permittee in chronological and legible form for a minimum of five (5) years.
These records shall be maintained on forms provided by, or approved by, the Division and shall
be readily available at the facility (stored at places such as the farm residence, office,
outbuildings, etc.) for inspection. These documents shall be kept in good condition, and records
shall be maintained in an orderly fashion. The Permittee shall also furnish complete copies of
any records required by this Permit upon request from the Division or the EPA. [40 CFR
122.42(e); 15A NCAC 02T . 13 05 (e)]
21. Notification:
The Permittee shall give advance notice to the Division of any planned changes in the permitted
facility or activity, which may result in noncompliance with Permit requirements.
When the Permittee becomes aware that it failed to submit any relevant facts or submitted
incorrect information in an application for coverage under this Permit or in any report to the
Division, it shall promptly submit such facts or information to the Division.
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 [40 CFR 122.41 (1); 15A NCAC 02T .1305 (e)]:
a. Failure of any component of the animal waste management system resulting in a
discharge to surface waters or wetlands.
r
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 surface waters or wetlands or an event that poses a
serious threat to surface waters or wetlands.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the
environment or human safety or health.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition M.3. of this Permit.
December 5, 2016
13

NODES Permit Number NCA300000
f. Failure to maintain waste level in a lagoon/storage pond below that of the designed
structural freeboard. Note that this notification is in addition to the report required by
Condition IV.21.e above.
g. An application of waste either in excess of the limits set out in the CAWMP or where
runoff enters surface waters or wetlands.
h. Any discharge to surface waters or wetlands and/or that poses a . serious threat to the
environment.
For any emergency that requires immediate reporting after normal business hours, contact must
be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office within
five (5) calendar days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to be taken to correct the problem and to ensure that the problem
does not recur. The requirement to file a written report may not be waived by the Division
Regional Office.
In the event the waste level in a lagoon/storage pond is found to be within the designed
structural freeboard, the Permittee shall file a written report to the appropriate Division
Regional Office within two (2) calendar days following the first knowledge of the occurrence.
This report shall � outline actions taken or proposed to be taken to reduce waste levels below the
designed structural freeboard within five (5) calendar days of first knowledge of the
occurrence. [40 CFR 122.41(1)15A NCAC 02T .1305 (e)]
22. The Director may require facilities to submit additional reports and/or certifications based on the
facility's compliance history. [15A NCAC 02T .0108 (c)]
23. In the event of a discharge of one thousand (1,000) gallons or more of animal waste to surface
waters or wetlands, the Permittee must issue a press release to all print and electronic news media
that provide general coverage in the county in which the discharge occurred setting out the details
of the discharge. The press release must be issued within forty-eight (48) hours after it is
determined that the discharge has reached the surface waters or wetlands. The Permittee shall
retain a copy of the press release and a list of the news media to which it was distributed for at
least one year after the discharge and shall provide a copy of the press release and the list of the
news media to which it was distributed to any person upon request. f G.S. 143-215. l OC(h)]
24. In the event of a discharge of fifteen thousand (15,000) gallons or more of animal waste to
surface waters or wetlands, a public notice is required in addition to the press release described in
Condition IV.23. The public notice of the discharge must be placed in a newspaper having
general circulation in the county in which the discharge occurred and in each county downstream
from the point of discharge that is significantly affected by the discharge. The Division shall
determine, at the Director'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
ANIMAL WASTE". The minimum content of the notice is the location of the discharge,
estimated volume, identification of the surface water or wetland affected, steps taken to prevent
future discharges, and a phone number and contact name. [G.S. 143-215.10C(h)]
December 5, 2016
14

NPDES Permit Number NCA300000
The Permittee shall publish the notice within 10 days after .the Division 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 Permittee shall file a copy
of the notice and proof of publication with the Division within 30 days after the notice is
published. [G.S. 143-215.10C(h)]
25. If a discharge of one million (1,000,000) gallons of animal waste or more reaches surface waters
or wetlands, the appropriate Division Regional Office must be contacted to determine in what
additional counties, if any, a public notice must be published. A copy of all public notices and
proof of publication must be sent to the Division within thirty (30) days after the notice is
published. [G.S. 143-215.10C(h)]
26. The Division may require any additional 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 such waste upon surface
waters, groundwaters or wetlands. Such monitoring, including its scope, frequency, duration, and
any sampling, testing, and reporting systems, shall meet all applicable Environmental
Management Commission and EPA requirements. [ 15A NCAC 02T .0108 (c)]
27. All monitoring, record keeping, and reporting required by this permit, the Permittee's COC, and
any additional monitoring and reporting_required by the Director shall be on forms supplied by or
approved by the Director. Submittal of these reports shall be in paper and/or electronic format as
required by the Director. [40 CFR 122.41 (1); l5A NCAC 02T .1305 (e)]
28. Within five (5) 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 state and federal law, and shall be made available to the public by the Division
as specified in law. [15A NCAC 02T .0108 (c)]
V. INSPECTIONS AND ENTRY
1. The Permittee shall allow any authorized representative of the Department of Environmental
Quality (Department) or EPA, upon the presentation of credentials and other documents as may
be required by law and in accordance with reasonable and appropriate biosecurity measures, to
[40 CFR 122.41(i); 15A NCAC 02T. 1305 (e)]:
a. Enter the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
C. Inspect; at reasonable times, any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this Permit; and,
d. Sample or monitor, at reasonable times, for the purpose of assuring compliance or as
otherwise authorized by the Act, any substances or parameters at any location.
December 5, 2016
15

NPDES Permit Number NCA300000
VI GENERAL CONDITIONS
1. In accordance with the provisions of 40 CFR Part 122.41 et seq., this Permit incorporates by
reference all conditions and requirements applicable to NPDES permits set forth in the Act, as
amended, as well as all applicable regulations.
The issuance of a COC to operate under this Permit shall not relieve the Permittee of the
responsibility for compliance with all applicable surface water, wetlands, groundwater and air
quality standards or for damages to surface waters, wetlands, or groundwaters resulting from the
animal waste management system. [ 15A NCAC 02T .0113 (b)]
3. Any containment basin, such as a lagoon or a storage pond, used for waste management shall
continue to be subject to the conditions and requirements of this Permit until properly closed.
When the containment basin is properly closed in accordance with the NRCS Conservation
Practice Standard No. 360 "Waste Facility Closure," April 2012, or any subsequent amendment,
the containment basin shall not be subject to the requirements of this Permit or the Act. The
Permittee must submit a letter to the Division to request rescission of the COC by providing
documentation describing the procedures taken to close any containment basin. Closure shall
also include pre -notification of the Division and submittal of the Animal Waste Storage Pond and
Lagoon Closure Report Form to the Division's Animal Feeding Operations Program Central
Office within fifteen (15) days of completion of closure. [15A NCAC 02T .0105 0)]
4. The annual permit fee shall be paid"by the Permittee within thirty (30) days after being billed by
the Division. Failure to pay the fee accordingly constitutes grounds for revocation of its COC to
operate under this Permit. [15A NCAC 02T .0.1.05 (e)]
Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements,
which are required in the CAWMP, shall constitute grounds for revocation of its COC to operate
under this Permit. [15A NCAC 02T .0110]
6. A COC to operate under this Permit is not transferable. In the event there is a desire for the
facility to change ownership, or there is a name change of the Permittee, a formal permit request
must be submitted to the Division, including documentation from the parties involved and other
supporting materials as may be appropriate. This request will be considered on its merits and
may or may not be approved. [40 CFR 122.41 0); 15A NCAC 02T .1305 (e)]
7. A COC to operate under this Permit is effective only with respect to the nature and volume of
wastes described in the application and other supporting data. The Permittee shall notify the
Division immediately of any applicable information not provided in the permit application. [G.S.
143-215.1]
8, Any proposed modification to an animal waste management system including the installation of
lagoon covers shall require approval from the Division prior to construction. [G.S. 143-215.1 OC]
9. If the Permittee wishes to continue an activity regulated by this Permit after the expiration date of
this Permit, the Permittee must apply for and obtain a new COC. Renewal applications must be
filed at least one hundred eighty (180) days prior to the expiration of the Permit. [I5A NCAC 2T
.0109]
December 5, 2016
16

NPDES Permit Number NCA300000
10. The issuance of a COC to operate under this Permit does not prohibit the Division from reopening
and modifying the Permit, revoking and reissuing the Permit, or terminating the Permit as
allowed by the laws, rules, and regulations contained in 40 CFR Parts 122 and 123; Title 15A of
the NCAC, Subchapter 02T .1300; and G.S. 143-215.1 and G.S. 215,1OC. The filing of a request
for a permit modification, revocation and reissuance, or termination; for a notification of planned
changes; or for an anticipated noncompliance does not stay any Permit Condition. [15A NCAC
2T .0110]
1 L The issuance of a COC under this Permit does not convey any property rights of any sort, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State/Tribal, or local .laws or regulations. [40
CFR 122.41 (g); 15A NCAC 02T. 1305 (e)]
12. The Director may require any person, otherwise eligible for coverage under this Permit, to apply
for an individual NPDES permit by notifying that person that an application is required.
Coverage by this Permit shall automatically terminate upon issuance of a NPDES individual
permit. [40 CFR 122.28 (b)(3); 15A NCAC 2T .01 I I (h); 15A NCAC 02T .1305 (e)]
13. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications Standards. The Compliance Boundary for a disposal
system individually permitted on or after December 31, 1983, is established at either two hundred
fifty (250) feet from the waste disposal area, or fifty (50) feet within the property boundary,
whichever is closest to the waste disposal area. The exceeding of Groundwater Quality Standards
at or beyond the Compliance Boundary is subject to immediate review action according to 15A
NCAC 2L .0106(d)(2).
The REVIEW BOUNDARY is established around the disposal system midway between the
Compliance Boundary and the perimeter of the waste disposal area. The exceeding of standards
at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106(d)(.1).
VII. PENALTIES
Failure to abide by the conditions and limitations contained in this Permit, the facility's COC, the
facility's CAWMP, applicable state law, and/or the Act and their implementing regulations may
subject the Permittee to an enforcement action by the Division and/or EPA including, but not
limited to, the modification of the animal waste management system, civil penalties, criminal
penalties, and injunctive relief. [40 CFR 122.41; 15A NCAC 02T .1305 (e)]
The Act and 40 CFR Part 122.41, as well as state law, provide that any person who violates a
Permit condition is subject to civil penalties and administrative penalties. In addition, criminal
penalties, including imprisonment, are provided for falsifying data, knowingly violating a Permit
condition, or for negligence. [G.S. 143-215.6A, 6B, and 6C; 40 CFR 122.41; 15A NCAC 02T
.1305 (e)]
The Permittee must comply with all conditions of this Permit. Any Permit noncompliance
constitutes a violation of state law and the Act and is grounds for enforcement action; for
coverage termination, revocation and reissuance, or modification; or denial of a renewal
application. [G.S. 143-215.1; 40 CFR 122.41; 15A NCAC 02T .1305 (e)]
It shall not be a defense for a Permittee in an enforcement action to claim that it would have been
necessary to halt or reduce the penmitted activity in order to maintain compliance with the
conditions of this Permit. [40 CFR 122.41; 15A NCAC 02T. 1305 (e)]
December 5, 2016
17

NPDES Permit Number NCA300000
VIII. DEFINITIONS
25-year, 24-hour rainfall or storm event means the maximum 24-hour precipitation event with a
probable recurrence interval of once in twenty-five (25) years, as defimed by the National Weather Service
in Technical Paper Number 40, "Rainfall :Frequency Atlas of the United States," May 1961, and
subsequent amendments, or equivalent regional or state rainfall probability information developed
therefrom.
Act means the Federal Water Pollution Control Act as amended, also known as the Clean Water Act as
amended, found at 33 USC 1251 et seq.
Agronomic rates means the amount of animal waste and/or other nutrient sources to be applied to meet
the nutrient needs of the crop, but does not overload the soil with nutrients or other constituents that cause
or contribute to a contravention of surface water or groundwater standards, limit crop growth, or
adversely affect soil quality. Nutrient needs of the crop shall be based on realistic yield expectations
(RYE) established for a soil series through published Cooperative Extension Service bulletins, NRCS
publications, county soil surveys, or site -specific agronomist reports.
Animal Waste Management System means a system designed for the collection, treatment, storage, and
application of animal waste.
Bypass means the intentional diversion of waste streams from any portion of a treatment facility.
Director means the Director of the North Carolina Division of Water Resources.
Ditch means any man made channel for the purpose of moving water off a site to surface waters.
Division means the North Carolina Division of Water Resources.
Excessive Ponding means any area of the application field where visible liquid waste is ponded on the
surface of the land application site more than four (4) hours following the application of waste. Excessive
ponding also means any areas where the ponding of waste has resulted in crop failure.
Groundwaters means any subsurface waters, as defined in 15A NCAC 2L .0102.
Land application means the application of animal waste onto or incorporation into the soil.
Major modification means a modification including a change in the number of animals above that are
authorized by the COC; a change in type of operation; retrofit of a lagoon (including the installation of a
cover); installation of a new irrigation system; any changes to field specific land application rates; the
addition of new land area for waste application; a reduction in land application area; or changes in crops
and/or cropping patterns, including addition of fields for sludge application.
Minor modification means a modification which is not a major modification.
Process wastewater means any process -generated wastewater and any precipitation (rain or snow) which
comes into contact with any manure, litter or bedding, or any other raw material or intermediate or final
material or product used in or resulting from the production of animal or poultry or direct products (e.g.
milk, eggs).
December 5, 2016
18

i
i
NPDES Permit Number NCA300000
Process -generated wastewater means any water directly or indirectly used in the operation of a feedlot
for any of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning
or flushing pens, barns, manure pits, or other feedlot facilities; direct contact swimming, washing or spray
cooling of animals; and dust control.
Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir,
waterway, or other surface body or surface accumulation of water, whether public or private, or natural or
artificial, that is contained in, flows through, or borders upon any portion of the State of North Carolina,
including any portion of the Atlantic Ocean over which the State has jurisdiction as well as any additional.
Waters of the United States which are located in the State.
Toxic pollutants means any pollutant listed as toxic under Section 307(a)(1) of the Act.
Waste means manure, litter, or water that comes in contact with manure or litter generated at an animal
feeding operation.
Waters of the State means all surface waters, wetlands, groundwaters, and waters of the United States
located in the State.
Wetlands means areas that are inundated or saturated by an accumulation of surface or groundwater at a
frequency and duration sufficient to support, and under normal circumstances do support a prevalence of
vegetation typically adapted for life in saturated soil conditions, as defined in 15A NCAC 2B .0202.
This Permit issued the 5th day of December, 2016.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S. Jay-Zi . erman, P.G., .Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission.
NPDES Permit Number NCA300000
December 5, 2016
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