HomeMy WebLinkAbout350001_Permit (Issuance)_20190918 ROY COOPER
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MICHAEL S.REGAN 42%
Secretary
LINDA CULPEPPER NORTH CAROLINA ItiC> OP$n
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September 18,2019 SEPCustom Quality 7 ?�
Gardner F 'LLC Rat@jgh 12C
Farm Poultry gt�na� Of le
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4802 Pinnacle Drive
Wilson,North Carolina 27896
Subject: Permit No.AWI350001
Gardner Farm Poultry
Animal Waste Management System
Franklin County
Dear Custom Quality Packers, LLC:
In accordance with your September 16,2019,Notification of Change of Ownership,we are hereby
forwarding to you this Permit issued to Custom Quality Packers,LLC authorizing the operation of the
subject animal waste management system.
This approval shall consist of the operation of this system including,but not limited to,the management
of animal waste structures on the Gardner Farm Poultry facility,with a capacity of no greater than an
annual average of 0 wet poultry layers.
The Permit shall be effective from the date of issuance until rescinded. You are authorized and required
to operate the system in conformity with the conditions and limitations as specified in the Permit. An
adequate system for collecting and maintaining the required monitoring data and operational information
must be established for this facility. Any increase in number of animals authorized by this Permit will
require a CAWMP and a modification to this Permit and must be completed prior to actual increase in
number of animals.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all
applicable laws,rules, standards, and ordinances(local, state,or federal)nor convey any property rights
in either real or personal property.
Per 15A NCAC 02T .0111(c),a compliance boundary is provided for the facility and no new water
supply wells shall be constructed within the compliance boundary. Per NRCS standards, a 100-ft
separation shall be maintain9l between water supply wells and any lagoon, storage pond,or any wetted
area of a spray field.
Please be advised that any violation of the terms and conditions specified in this Permit may result in
revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C,the
Clean Water Act,and 40 CFR 122.41,including civil penalties,criminal penalties,and injunctive relief.
If you wish to continue the activity permitted under this Permit after the expiration date of this Permit,an
application for renewal must be filed at least 180 days prior to expiration.
D_E Q�� North Carollm Department of Emir unmtal Quality I Division dwater Resourus
512 North Salisbury Street 1 1636 Mail Service Center I Itaklgh.North Carolhte Z7699-1636
�� 919.707.9000
This Permit is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
This facility is located in a clunty covered by our Raleigh Regional Office. The Regional Office staff
may be reached at(919)791-4200. If you need additional information concerning this Permit,please
contact Animal Feeding Operations Branch staff at(919)707-9129.
Sincerely,
/J&'� (-" J
Lor Linda Culpepper
Director, Division of Water Resources.
Cc: Raleigh Regional Office,Water Quality Regional Operations Section
Franklin County Health Department
Franklin County Soil and Water Conservation District
WQPS Central Files(AW1350001)
9
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Custom Quality Packers, LLC
Franklin County
FOR THE
continued operation and maintenance of an animal waste management system for the Gardner Farm Poultry
facility (Facility), located in Franklin County, consisting of 0 confined poultry with liquid waste and the
land application of that waste as specified in the Facility's Certified Animal Waste Management Plan
(CAWMP).
This permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The animal waste management system operated under this Permit shall be effectively
maintained and operated as a non-discharge system to prevent the discharge of pollutants
to surface waters, wetlands, or ditches. Application of waste to terraces and grassed
waterways is acceptable as long as it is applied in accordance with Natural Resources
Conservation Service (MRCS) Standards and does not result in a discharge of waste to
surface waters, wetlands, or ditches. If the Facility has a discharge of waste that reaches
surface waters or wetlands resulting from a storm event more severe than a 25-year, 24-
hour storm,it will not be considered to be in violation of this Permit,as long as the Facility
is in compliance with its CAWMP and this Permit.
2. No discharge of waste shall result in a violation of the water quality standards established
for receiving waters as per Title 15A, Subchapter 2B, Section .0200 of the North Carolina
Administrative Code(NCAC)and Title 15A, Subchapter 2L of the NCAC.
3. The facility's CAWMP is hereby incorporated by reference into this Permit.The CAWMP
must be consistent with all applicable laws,rules, ordinances, and standards(federal, state
and local)in effect at the time of siting,design,and certification of the Facility.
4. Any proposed increase or modification to the annual average that exceeds the thresholds
set byNorth Carolina General Statutes(NCGS) 143-215.1 OB(1)will require a modification
to the CAWMP and the Permit prior to modification of the Facility.
5. Animal waste shall not be applied within one hundred (100) feet of any well, with the
exception of monitoring wells. The allowable distance to monitoring wells shall be
established on a case-by-case basis by the Division.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The collection, treatment, and storage facilities and the land application equipment and
fields shall be properly operated properly and maintained at all times.
2. A vegetative cover shall be maintained as specified in the Facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be applied
upon areas not included in the CAWMP.
3. Soil pH on all land application fields must be maintained in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMP. In no case shall land
application rates exceed the agronomic rate of the nutrient of concern for the receiving
crop. In no case shall land application rates result in excessive ponding or any runoff
during any given application event.
5. If manure or sludges are applied on conventionally tilled, bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no-till fields, pastures, or fields where crops are actively
growing.
6. Pesticides,toxic chemicals, and petroleum products shall not be disposed of in the animal
waste management system.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste management system. Washdown of stock trailers owned
by and used to transport animals to and from the Facility only will be permissible 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 according to their labels,will
not harm the cover crop, and will not contravene the groundwater standards listed in 15A
NCAC 2L may be utilized in the Facility covered by this Permit. Instruction labels are to
be followed when using cleaning agents and soaps.
8. 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.
9. 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.
10. 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 kept mowed.
11. At the time of sludge removal from a lagoon/storage pond,the sludge must be managed in
accordance with the CAWMP. When removal of sludge from the lagoon is necessary,
provisions must be taken to prevent damage to the lagoon dikes and liner.
12. 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.
13. 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.
14. No waste shall be applied in wind conditions that might reasonably be expected to cause
the mist to reach surface waters or wetlands.
15. 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.
16. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application.
17. Land application of waste is prohibited during precipitation events. The Permittee shall
consider pending weather conditions in making the decision to land apply waste.
18. 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).
19. Any major structural repairs to lagoons/storage ponds must have written documentation
from a 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..
III. MONITORING AND REPORTING REQUIREMENTS
1. An inspection of the animal waste collection,treatment, and storage structures, and runoff
control measures shall be conducted and documented at a frequency to insure proper
operation For example,lagoons/storage ponds,and other structures should be inspected for
evidence of erosion, leakage, damage by animals or discharge.
2. 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.
3. The waste level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by, or approved by,the Division.
4. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and
zinc, shall be conducted on each application field receiving animal waste at least every
three (3) years. 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. This
analysis shall include the following parameters:
Nitrogen Zinc
Phosphorus Copper
5. 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 on-site or record
the off-site location(s). These records must be on forms supplied by, or approved by,the
Division.
6. If, for any reason, there is a discharge from the animal waste management system
(including the land application sites), to surface waters or wetlands, the Permittee is
required to make notification in accordance with Condition 111.9. The discharge
notification shall include the following information:
a. Description of the discharge:A description of the discharge including an estimate
of the volume discharged, a description of the flow path to the receiving surface
waters or wetlands and a site sketch showing the path of the waste. Also, an
estimation of the volume discharged.
b. Time of the discharge: The length of time of the discharge, including the exact
dates and times that it started and stopped, and if not,stopped,the anticipated time
the discharge is expected to continue.
C. Cause of the discharge: A detailed statement of the cause of the discharge. If
caused by a precipitation event, detailed information from the on-site rain gauge
concerning the inches and duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be
taken to prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition 111.3.
7. A copy of this Permit, the Facility's COC, certification forms, lessee 'and landowner
agreements, the CAWMP, and copies of all records required by this Permit and the
Facility's CAWW shall be maintained by the Permittee in chronological and legible form
for a minimum of three(3)years. r
8. 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 NCGS 132-1.2, and shall be made available to the public
by the Division as specified in Chapter 132 of the NCGS.
9. 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 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.
10. 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. Any discharge to ditches, surface waters or wetlands.
b. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal
to that required in Condition V.2 of this Permit.
C. Over applying waste either in excess of the limits set out in the CAWMP or where
runoff enters surface waters or wetlands.
d. Failure of any component of the animal waste management system resulting in a
discharge to surface waters or wetlands.
e. Any failure of the animal waste management system that renders the Facility
incapable of adequately receiving,treating or storing the waste and/or sludge.
f. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat
to the environment or human safety or health.
For any emergency, which requires immediate reporting after normal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within five(5)calendar days following first knowledge of the'occurrence. This report shall
outline the actions taken or proposed to be taken to correct the problem and to ensure that
the problem does not recur. The requirement to file a written report may not be waived by
the Division Regional Office.
IV. INSPECTIONS AND ENTRY
1. The Permittee shall allow any authorized representative of Department, upon the presentation
of credentials and other documents as may be required by law and in accordance with
reasonable and appropriate biosecurity measures,to:
a. Enter the Permittee's premises where the regulated Facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
c. Inspect, at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
Permit; and,
d. Sample or monitor,at reasonable times,for the purpose of assuring permit compliance,
any substances or parameters at any location.
V. GENERAL CONDITIONS
1. The issuance of this Permit shall not relieve the Permittee of the responsibility for compliance
with all applicable surface water, wetlands, groundwater and air quality standards or for
damages to surface waters,wetlands or groundwaters resulting from the animal operation.
2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
Facility's CAWMP. At a minimum,maximum waste level for lagoons/storage ponds must
not exceed the level that provides adequate storage to contain a 25-year, 24-hour storm
event plus an additional one (1) foot of structural freeboard except that there shall be no
violation of this condition if: (a)there is a storm event more severe than a 25-year,24-hour
event, (b)the Permittee is in compliance with its CAW", and(c)there is at least one(1)
foot of structural freeboard.
3. Any containment basin, such as a lagoon or a storage pond,used for waste management shall
continue to be subject to the conditions and requirements of this Permit until properly
closed. When the containment basin is properly closed in accordance with the Natural
Resource Conservation Service (NRCS) North Carolina Standard for Closure of Waste
Impoundments,February 2005 or any subsequent amendment,the containment basin shall
not be subject to the requirements of this Permit. The Permittee must submit a letter to the
Division.to request rescission of the Permit by providing documentation of closure of all
containment basins.
Closure shall also include a minimum of 24 hours pre-notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the form within fifteen(15)days of completion of closure.
4. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements,which are required in the CAWMP, shall constitute grounds for revocation of
its COC to operate under this Permit.
4. This Permit is not transferable. In the event there is a desire for the Facility to change
ownership, or there is a name change of the Permittee, a Notification of Change of
Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting materials as may be appropriate.
r
5. The issuance of this Permit does not prohibit the Division from reopening and modifying the
Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
appropriate laws,rules, and regulations.
6. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A NCAC 02T
.0111(c). Exceeding Groundwater Quality Standards at or beyond the Compliance
Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to
the penalty provisions applicable under the NCGS.
VI. PENALTIES
1. Failure to abide by the conditions and limitations contained in this Permit; the Facility's
CAWMP; and/or applicable state law; may subject the Permittee to an enforcement action
by the Division including but not limited to the modification of the animal waste
management system, civil penalties, criminal penalties,and injunctive relief.
2. The Permittee must comply with all conditions of this Permit. Any Permit noncompliance
constitutes a violation of state law and is grounds for enforcement action; for Permit
coverage termination, revocation and reissuance, or modification; or denial of Permit
coverage renewal application.
3. It shall not be a defense for a Permittee in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity in order to maintain compliance
with the conditions of this Permit.
This Permit issued the 18'of September, 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
0& � a�
Linda Culpepper, Director
ivision of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI350001