090005_Permit_20200903

DocuSign Envelope ID:58F741CA-E6B9-4EED-9F47-Al2AEDOEA921 ' 1V
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ROY COOPER '1' --
Governor SEP' 0 9 eivo
MICHAEL S.REGAN `. «.A ,
Secretary ��""�
S.DANIEL SMITH NORTH CAROLINA W QRO&
Director Environmental Quality FAYETTEVILLE REGIONAL�FIeE
September 3,2020
HD3 Farms of the Carolinas,LLC
Frenches Creek
PO Box 2107
Elizabethtown,NC 28337
Subject: Permit No.AWI090005
Frenches Creek
Animal Waste Management System
Bladen County
Dear HD3 Farms of the Carolinas,LLC:
In accordance with your request for change of ownership and request to change operation type without
exceeding the permitted steady state live weight,we are forwarding herewith Permit No.AWI090005 issued
to HD3 Farms of the Carolinas,LLC,authorizing the continued operation of an animal waste collection,
treatment,storage,and land application system in accordance with this Permit including the management of
animal waste from the Frenches Creek,located in Bladen County.
The system shall serve as the treatment system for the entire animal waste stream for the facility with an
animal capacity of no greater than 15,303 Swine Wean to Finish. All waste application to land shall be as
specified in the facility's Certified Animal Waste Management Plan(CAWMP).Any increase in flow or
increase in stocked animals above the listed values in this Permit will require a modification to this Permit and
shall be completed prior to actual increase in either flow or number of animals.
The Permit shall be effective from the date of issuance until August 31,2025,replaces the permit No.
AWI090005 previously issued to this facility and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the record keeping and monitoring requirements in this permit.
Failure to establish an adequate system for collecting and maintaining the required operational information will
result in future compliance problems.
You are subject to the conditions of this permit until the closure of all waste storage basins and the rescission
of this permit.You must submit a letter to the Division of Water Resources to request rescission of the Permit
by providing documentation of closure of all containment basins.
If any parts,requirements,or limitations contained in this Permit are unacceptable,you have the right to
request an adjudicatory hearing upon written request within thirty(30)days following receipt of this permit.
This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina
General Statutes,and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,NC
27699-6714. Unless such demands are made,this Permit shall be final and binding.
If your Waste Utilization Plan(WUP)has been developed based on site-specific information,careful evaluation
of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to
have a new WUP developed.
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.
D_E�• NorthNorth CarolinaSalisb DepartmenturyStreet of
Ib36 EnvMailironmentalService QCenteruality i Division
Ralelyh.of WaterNorthCarolina Resources
/j 512 27b99-1636
+a 'NAM oe~' 919.7079000

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Per 15A NCAC 2T.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
maintained between water supply wells and any lagoon,storage pond,or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this 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.
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 county covered by our Fayetteville Regional Office.The Regional Office Staff may
be reached at [phone]. If you need additional information concerning this General Permit, please
contact the Animal Feeding Operations Program staff at(919)807-6464.
Sincerely,
CDocuSlgnW by:
I ,t,SG, reAmI141,
E3415E2C05824CD...
S.Daniel Smith
Director,Division of Water Resources
cc: Fayetteville Regional Office,Water Quality Regional Operations Section
Bladen County Health Department
Bladen County Soil and Water Conservation District
WQROS Central Files(Permit File AWI090005)

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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL SWINE 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
HD3 Farms of the Carolinas, LLC
Bladen County
FOR THE
continued operation of a 31,400 GPD animal waste collection, treatment, storage and spray irrigation
facility consisting of one 532,000 gallon HDPE lined earthen basin with 15 Hp of mechanical aeration,
two 490,000 gallon clay-lined earthen basins,one 910,000 gallon HDPE lined earthen basin with 10 Hp of
mechanical aeration, one 1,500,000 gallon HDPE lined earthen basin with 5 Hp of mechanical aeration,
one 8,050,000 gallons storage pond,and a 357,243 gallon clay-lined earthern basin and all necessary pipes,
pumps, alarms, controls, and appurtenances to serve 15,303 Swine Wean to Finish,and with no discharge
of wastes to surface waters, in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environmental Quality(DEQ)and considered a part
of this Permit. Bypass of the waste collection,treatment, storage and land application system (system)is
prohibited;all wastes shall be treated by the system before reaching the earthen storage structures.
This Permit shall be effective from the date of issuance until August 31, 2025, replaces the permit No.
AWI090005 previously issued to this facility and shall be subject to the following specified conditions and
limitations.
I. PERFORMANCE STANDARDS
1. The animal waste collection, treatment, storage and land application system permitted
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. Waste shall
not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct
application, direct discharge, or through ditches, terraces, or grassed waterways not
otherwise classified as state waters.
Application of waste to terraces and grassed waterways is acceptable as long as it is applied
in accordance with Natural Resources Conservation Service (NRCS) Standards and does
not result in a discharge of waste to surface waters or wetlands.

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Facilities must be designed,constructed,operated,and maintained to contain all waste plus
runoff from a 25-year,24-hour rainfall event for the location of the facility.If the Permittee
is in compliance with this Permit and the facility's Certified Animal Waste Management
Plan (CAWMP), and unintentionally discharges as a result of a storm event greater than
the 25-year, 24-hour storm, the Facility will not be considered to be in violation of this
Permit.
2. This Permit does not allow the Permittee to cause a violation of any of the water quality
standards established pursuant to Title 15A, Subchapter 2B of the North Carolina
Administrative Code and Title 15A, Subchapter 2L of the North Carolina Administrative
Code.
3. The facility's CAWMP and Operation and Maintenance Plan are hereby incorporated by
reference into this Permit. The above referenced plans 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.
The Permittee must assess and record, on an ongoing basis, the effectiveness of the
implementation of the CAWMP. The Permittee must make"major changes,""revisions,"
or"amendments"to the CAWMP,as defined in Section VIII,"Definitions,"of this Permit,
in order to address any changes needed to maintain compliance this Permit. "Major
changes,""revisions,"and"amendments"to the CAWMP must be documented,dated,and
included as part of the CAWMP. "Major changes"and"revisions"to the CAWMP shall
be submitted to the appropriate Division of Water Resources (Division) Regional Office
within thirty (30) calendar days of the"major change" or"revision." "Amendments"are
not required to be submitted to the Division Regional Office unless specifically requested
by the Division. If field, riser or pull numbers are changed, an explanation shall also be
submitted and include a description of how the new numbers relate to the old numbers.
Any violation of the CAWMP or the Operation and Maintenance Plan,shall be considered
a violation of this Permit and subject to enforcement actions.
4. 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. These actions may include but are
not limited to: modifying the CAWMP; ceasing land application of waste; removing
animals from the facility;or the Permit being reopened and modified,revoked and reissued,
and/or terminated.
5. This Facility may not be expanded above the capacity shown in this Permit until a new
permit reflecting the expansion has been issued.Any proposed increase or modification to
the annual average design capacity from that authorized by this Permit will require a
modification to the CAWMP and the Permit prior to modification of the facility.All new
and expanding operations must demonstrate that waste management system will satisfy the
requirements of G.S. §143-215.10.I. No collection,treatment or storage facilities may be
constructed in a 100-year flood plain.

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6. Facilities located in watersheds sensitive to nutrient enrichment may be notified by the
Division to conduct an evaluation of the facility and its CAWMP to determine the facility's
ability to comply with the NRCS nutrient management standard as it relates to
phosphorous. This evaluation will not be required until such time as the permittee is
notified by the Division. The evaluation must be documented on forms supplied by or
approved by the Division and must be submitted to the Division. This evaluation must be
completed by existing facilities within twelve (12) months of receiving notification from
the Division.
For facilities located in watersheds sensitive to nutrient enrichment, all fields with a
"HIGH"phosphorous-loss assessment rating shall have land application rates that do not
exceed the established crop removal rate for phosphorous. There shall be no waste
application on fields with a"VERY HIGH"phosphorous-loss assessment rating.
7. A copy of this Permit,the CAWMP, approved design documents, as-built specifications,
operation and maintenance plan,and all certification forms 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. These
documents shall be kept in good condition and records shall be maintained in an orderly
fashion.
8. The system including the spray irrigation system shall be effectively maintained and
operated at all times so that there is no discharge to surface waters or any contamination of
ground waters,which will render them unsatisfactory for normal use. In the event that the
system fails to perform satisfactorily, including the creation of nuisance conditions or
failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall
take immediate corrective actions including those actions that may be required by the
Division.
9. The following buffers shall be maintained:
a. 200 feet between wetted area and any residence or places of public assembly under
separate ownership;
b. 25 feet between wetted area and property lines;
c. 25 feet between wetted area and drainage ways or surface water bodies;
d. 50 feet between wastewater treatment units and property lines;
e. 100 feet between wastewater treatment units and any wells that supply water for human
consumption;and
f. 100 feet between wetted area and 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 units and the land application equipment and fields
shall be properly operated and maintained at all times.

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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 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.
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.
5. In no case shall land application rates result in excessive ponding or any runoff during any
given application event.
6. Animal waste shall not be directly applied onto crops for direct human consumption that
do not undergo further processing(e.g.,strawberries,melons,lettuce,cabbage,apples,etc.)
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.
7. 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, 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.
8. 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.
9. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the system. Washdown of stock trailers owned by and used to transport
animals to and from this Facility only will be permissible as long as the system can
accommodate the additional volume. Only those cleaning agents and soaps that are EPA
approved according to their label,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.
10. 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.
Disposal of dead animals whose numbers exceed normal mortality rates associated with
the facility shall also be done in accordance with the facility's CAWMP and NCDA&CS
Veterinary Division's Statutes and regulations provided that: 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 species and type must
be recorded; and 3) the map is submitted to the appropriate Regional Office Aquifer
Protection Section within fifteen(15)calendar days of burial.

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In the event of a state of emergency declared by the Governor, disposal of dead animals
shall be done in accordance with requirements and guidelines dictated by the State
Veterinarian according G.S. §106-339.4. 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 species and type must be
recorded.
11. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste system,
including but not limited to lagoons,storage ponds,sludge treatment or containment areas,
and/or open storage structures to prevent any unnecessary addition to the liquid volume in
the structures.
12. A protective vegetative cover shall be established and maintained on all earthen basin
embankments (outside toe of embankment to maximum pumping elevation), berms, pipe
runs, erosion control areas,and surface water diversions. Trees,shrubs,and other woody
vegetation shall not be allowed to grow on the earthen basin dikes or embankments.
Earthen basin embankment areas shall be kept mowed or otherwise controlled and
accessible.
13. The residuals generated from this Facility must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division. When removal of sludge
from the treatment units is necessary,provisions must be taken to prevent damage to any
dikes and liners.
If separated solids or residuals from the other treatment units are accumulated faster than
predicted, and it is determined that designed treatment, storage and disposal methods are
insufficient,the Permittee will immediately deactivate the system,ceasing the generation
of solids,until adequate solids storage and/or removal can be designed,approved,and
constructed.
14. All treatment units shall be kept free of foreign debris including,but not limited to,tires,
bottles, light bulbs,gloves,syringes or any other solid waste.
15. 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.
16. The Permittee shall designate a certified animal waste management system operator with
a valid certification to be in charge of the animal waste management system. The waste
management system shall be operated by the Operator in Charge(OIC)or a person under
the OIC's supervision.

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17. In accordance with 15A NCAC 8F .0203(b)(2),the OIC or a designated back-up OIC of a
Type A Animal Waste Management System 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 insure that the animal waste is land applied in accordance with
the CAWMP. In no case shall the time between inspections be more than 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. Inspection 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.
The Permittee may assert as an affirmative defense in any enforcement action alleging
noncompliance with the requirements imposed in this condition that such noncompliance
was due to circumstances beyond the Permittee's control. A notation shall be made on
the form indicating the inspection affected by such circumstance and an explanation
setting forth the circumstances claimed to have been beyond the Permittee's control shall
be submitted with the form.
18. The Director may require any permittee to install and operate flow meters with flow
totalizers based on the facility's violations and/or incomplete or incorrect record keeping
events.
19. No waste shall be applied in wind conditions that might reasonably be expected to cause
the mist to reach surface waters or wetlands or cross property lines or field boundaries.
20. 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.
21. Waste shall not be applied on land that is flooded,saturated with water,frozen or snow
covered at the time of land application.
22. Land application of waste is prohibited during precipitation events. The Permittee shall
consider pending weather conditions in making the decision to land apply waste and shall
document the weather conditions at the time of land application on forms supplied by or
approved by the Division.
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,or a Flood Watch
associated with a tropical system including a hurricane,tropical storm,or tropical
depression for the county in which the permitted facility is located. Watches and
warnings for Bladen County are posted on the National Weather Service's website
located at:www.erh.noaa.¢ov/er/ilm/. Watch and warning information can also be
obtained by calling the Wilmington,NC National Weather Service Office that serves
Bladen County at(910)762-4289.
The Director may require any permittee to install, operate and maintain devices on all
irrigation pumps/equipment designed to automatically stop irrigation activities during
precipitation. This decision will be based on the facility's compliance history for
irrigation events.

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23. If liquid effluent samples show that additional land will be necessary for application of
nitrogen at agronomic rates,the Permittee will take immediate action. This action may
include,but may not be limited to,one of the following: a)preparing additional land at
the site for land application wastewater or solids,b)acquiring leased land agreements for
land application of wastewater or solids,or c)decrease the animal population to that
which creates a balance between nutrients produced and utilization on the existing land
application and crops,or d)any other method approved by the Division.
24. 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).
25. All waste application equipment must be tested and calibrated at least once every two
years.The results must be documented on forms provided by,or approved by,the
Division.
26. Crops for which animal waste is land applied must be removed from the land application
site and properly managed and utilized unless other management practices are approved
in the CAWMP.
27. The WUP shall be modified as needed,based on performance of the system. If
performance is not as predicted,immediate measures such as those listed in Condition
II.23 above will be taken.
28. In the case of interruption or failure of the system, the Permittee may have to take
immediate or long-term corrective action(s) as required by the Division. These actions
may include but are not limited to modification to the CAWMP, ceasing land application
of wastes,or removal of animals.
III. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee or a Designee shall inspect the entire system waste collection,treatment,and
storage structures and runoff control measures at a frequency to insure proper operation
but at least monthly and after all storm events of greater than one(1)inch in 24 hours. The
Permittee shall keep an inspection log or summary including at least the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken
by the Permittee. This log of inspections shall be for a period of three(3)years from the
date of the inspection and shall be made available upon request to the Division or other
permitting authority.
2. Any major structural repairs to tanks,treatment basins,lagoons or storage ponds must have
written documentation from a Professional Engineer certifying proper design and '
installation. However,if a piece of equipment is being replaced with a piece of equipment
of the identical specifications,no Professional Engineer approval is necessary [i.e.piping,
reels,valves,pumps(if the GPM capacity is not being increased or decreased),etc.]unless
the replacement involves disturbing the lagoon/storage pond embankment or liner.

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3. The Permittee or a designee shall keep a log of all operational changes made to the
system including at least the process parameter that was changed,the date and time of the
change,the reason for the change, and all observations made both at the time of the
change and subsequently as a result of the change.
4. A representative Standard Soil Fertility Analysis shall be conducted at least once every
three years on each application site receiving animal waste. The results of these tests
shall be maintained on file by the Permittee for a minimum of five(5)years and shall be
made available to the Division upon request.
5. All records, including operation, maintenance, repair and irrigation records shall be
maintained on site and in chronological and legible form for a minimum of three(3)years
by the Permittee. These records shall be maintained on forms provided by or approved by
the Division and shall be readily available for inspection.
6. Monitoring and Recording Freeboard Levels:
a. Highly visible waste-level gauges shall be maintained to mark the level of waste
in each 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.
The waste level in each structure with a waste level gauge shall be monitored and
recorded weekly on forms supplied by or approved by the Division.
The Director may require more frequent monitoring and recording of waste levels
based on the facility's compliance history for freeboard violations.
b. Freeboard violations in any two consecutive years following the issuance of this
Permit,or as determined necessary by the Director,shall monitor and record waste
levels as follows:
In addition to the facility's existing lagoon waste-level gauges, automated
lagoon/storage pond waste-level monitors and recorders(monitored and recorded
at least hourly) must be installed on all treatment and storage structures covered
by a COC issued under this Permit to measure and record freeboard. This
equipment must be properly maintained and calibrated in a manner consistent with
manufacturer's operation and maintenance recommendations. This automated
equipment must be in place no later than ninety (90) days following notification
from the Director. The Director may determine that installation of automated
waste level monitors is not required if the Permittee can demonstrate that
preventative measures were taken to avoid the violations and that the violations
resulted from conditions beyond the Permittee's control.
If an automated level monitor(s)becomes inoperable,the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional
Office as soon as possible, but in no case more than 24 hours following
first knowledge of the problem; and,
ii. make any needed repairs to the equipment as quickly as possible,and take
and record daily waste levels at the same time every day until such time as
the automated equipment is placed back into operation.

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c. The Director may require new or modified waste-level gauges if it is determined
that the existing gauges are not adequate to accurately indicate actual waste levels,
or the various waste levels required to be maintained by this Permit or the
CAWMP.
7. Monitoring and Recording Precipitation Event
a. Precipitation events at the facility to operate under this Permit shall be monitored
and recorded as follows:
A rain gauge must be installed at a site that is representative of the weather
conditions at the farm's land application site(s)to measure all precipitation events.
The precipitation type and amount must be recorded daily for all precipitation
events and maintained on site for review by the Department of Environment and
Natural Resources (Department). Daily records do not need to be maintained for
those days without precipitation events.
b. The Director may require that an automated rain gauge and recorder must be
installed on site to measure and record all precipitation events. This equipment
must be properly maintained and calibrated in a manner consistent with
manufacturer's operation and maintenance recommendations. This automated
equipment must be in place no later than ninety (90) days following receipt of
notice from the Director.
If an automated rain gauge(s)becomes inoperable,the Permittee shall:
i. report the problem 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 problem;and,
ii. make any needed repairs to the equipment as quickly as possible,and take
and record all rainfall events until such time as the automated equipment
is placed back into operation.
8. An analysis of the animal waste to be land applied shall be conducted in accordance with
recommended laboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days (before or after) of the date of application.
Every reasonable effort shall be made to have the waste analyzed prior to the date of
application and as close to the time of waste application as possible. This analysis shall
include the following parameters:
Nitrogen Zinc
Phosphorus Copper
9. The Permittee shall record all irrigation and land application event(s) including date of
application, hydraulic loading rates,nutrient loading rates and cropping information. The
Permittee shall also record removal of solids and document nutrient loading rates if
disposed of on-site, or record the off-site location(s). These records must be on forms
supplied by,or approved by,the Division.

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10. A record shall be created and maintained of all transfers of waste between waste structures
on the same site not typically operated in series. Such record shall include at least the
identity of the structure from which the waste was transferred,the identity of the structure
receiving the waste,the date and time of transfer and the total volume of waste transferred.
11. The Permittee must maintain monthly stocking records for the facility and make the records
available to the Department.
12. If, for any reason, there is a discharge from the waste collection, treatment, storage and
application systems (including the land application sites), to surface waters or wetlands,
the Permittee is required to make notification in accordance with Condition III. 16. The
discharge notification shall include the following information:
a. Description of the discharge:A description of the discharge including an estimate of
the volume discharged,a description of the flow path to the receiving surface waters
or wetlands and a site sketch showing the path of the waste.
b. Time of the discharge:The length of time of the discharge,including the exact dates
and times that it started and stopped, and if not stopped, the anticipated time the
discharge is expected to continue.
c. Cause of the discharge:A detailed statement of the cause of the discharge. If caused
by a precipitation event,detailed information from the on-site rain gauge concerning
the inches and duration of the precipitation event.
d. All steps being taken to reduce,stop and cleanup the discharge. All steps to be taken
to prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition III. 8 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
(BOD5)
Total suspended solids Total phosphorous
Ammonia nitrogen(NH3-N) Total Kjeldahl nitrogen(TKN)
Nitrate nitrogen(NO3-N)
Monitoring results must be submitted to the Division within thirty(30)days of the
discharge event.
13. In accordance with 15A NCAC 02T .0108(c), the Division may require any monitoring
and reporting(including but not limited to groundwater, surface water or wetland,waste,
sludge,soil,lagoon/storage pond levels and plant tissue)necessary to determine the source,
quantity, quality, and effect of animal waste upon the surface waters, groundwaters or
wetlands. Such monitoring, including its scope, frequency, duration and any sampling,
testing,and reporting systems, shall meet all applicable Division requirements.

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14. A copy of this Permit,certification forms,lessee and landowner agreements,the CAWMP,
the Operations and Maintenance Manual,and copies of all records required by this Permit
and the facility's CAWMP shall be maintained by the Permittee in chronological and
legible form for a minimum of three(3)years. Records include but are not limited to:soil
and waste analyses, rain gauge readings, freeboard levels, irrigation and land application
event(s),past inspection reports and operational reviews,animal stocking records,records
of additional nutrient sources applied (including but not limited to sludges, unused
feedstuff leachate, septage and commercial fertilizer), cropping information, waste
application equipment testing and calibration, and records of removal of solids to off-site
location(s). These records shall be maintained on forms provided or approved by the
Division and shall be readily available at the facility (stored at places such as the farm
residence, office, outbuildings, etc.) where animal waste management activities are being
conducted for the life of this Permit,unless otherwise specified in this Permit.
15. 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 NC G.S. 132-1.2,and shall be made available to the public
by the Division as specified in Chapter 132 of the General Statutes.
16. Regional Notification:
The Permittee shall report by telephone to the Fayetteville Regional Office, telephone
number(910)433-3300, as soon as possible,but in no case more than 24 hours following
first knowledge of the occurrence of any of the following events:
a. Failure of any component of the animal waste collection, treatment, and storage and
land application system resulting in a discharge to surface waters.
b. Any failure of the animal waste treatment and disposal system that renders the Facility
incapable of adequately receiving,treating or storing the animal waste and/or sludge.
c. A spill or discharge from a vehicle or piping system transporting animal waste or
sludge which results in,or may result in,a discharge to surface waters or an event that
poses a serious threat to surface waters,wetland,or human health or safety.
d. Any deterioration or leak in a treatment unit that poses an immediate threat to the
environment.
e. Failure to maintain adequate storage capacity in a treatment unit greater than or equal
to that required in Condition VI.2 of this permit.
f. Any discharge that bypasses a treatment unit.
g. Any discharge that poses a serious threat to the environment or human safety or health
h. Any failure of any component of the system.
i. Over applying waste either in excess of the limits set out in the CAWMP or where
runoff enters surface waters or wetlands.
For any emergency that requires immediate reporting after normal business hours,
please contact the Division of Emergency Management at 1-800-858-0368.

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The Permittee shall also file a written report to the appropriate division within the
Fayetteville Regional Office of the occurrence within five(5)calendar days following first
knowledge of the occurrence. This report shall outline the actions taken or proposed
actions 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 Regional Office.
17. The Director may require the Permittee to file an annual certification report based on the
compliance history of the facility. If required,the report must be filed on forms provided
by the Division.
18. The Director may require this facility to submit additional reports and/or certifications
based on compliance history.
19. In the event of a discharge of 1,000 gallons or more of 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. A copy of the
press release and a list of the news media to which it was distributed must be kept for at
least one(1)year after the discharge and must be distributed to any person upon request.
20. In the event of a discharge of 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
III 19. The public notice must be placed in a newspaper having general circulation in the
county in which the discharge occurred and the county immediately downstream within
ten(10)days of the discharge. The notice shall be captioned"NOTICE OF DISCHARGE
OF ANIMAL WASTE". The minimum content of the notice is the name of the facility,
location of the discharge, estimated volume of waste entering state waters, time and date
discharge occurred, duration of the discharge, identification water body that was
discharged into including creek and river basin if applicable, actions taken to prevent
further discharge,and a facility contact person and phone number. The owner or operator
shall file a copy of the notice and proof of publication with the Department within thirty
(30) days after the notice is published. Publication of a notice of discharge under this
Condition is in addition to the requirement to issue a press release under Condition III. 19.
21. If a discharge of 1,000,000 gallons or more of animal waste 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.
22. The Permittee shall conduct a survey of the sludge accumulation in all lagoons and
treatment basins every year. The survey report should be written on forms provided or
approved by the Division and shall include a sketch showing the depth of sludge in the
various locations within each lagoon. This 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.

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If the sludge accumulation is such that the structure does not satisfy the criteria set by
NRCS NC Conservation Practice Standard No.359,a sludge removal or management plan
must be submitted to the appropriate Division Regional Office within ninety(90)days of
the determination. The plan shall describe removal and waste utilization procedures to be
used. Compliance regarding sludge levels must be achieved within two (2) years of the
determination.
IV. GROUNDWATER REQUIREMENTS
1. The Groundwater Compliance Boundary is established by 15A NCAC 2L .0102 and 15A
NCAC 2T .0103. An exceedance of 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 North Carolina General
Statutes.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
1. The Permittee shall allow any authorized representative of the 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 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 permit
compliance,any substances or parameters at any location.
VI. GENERAL CONDITIONS
1. The issuance 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
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not
exceed the level that provides adequate storage to contain the 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 CAWMP,and(c)there is at least one(1)foot of
structural freeboard.

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3. All containment basins, 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 NC
Conservation Practice Standard No.360"Closure of Waste Impoundments,"April 2012 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. 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.
5. 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
this Permit.
6. Upon classification of the Facility by the Water Pollution Control System Operators
Certification Commission (WPCSOCC), the Permittee shall designate a Certified Water
Pollution Control System Operator (Operator) to operate the Facility. The designated
Operator must hold a certificate of the same type(s) and grade(s) as the classification(s)
assigned to the Facility by the WPCSOCC. The Permittee may also be required to
designate a certified back-up Operator of the appropriate type and grade to comply with
the conditions of 15A NCAC 8G. 0202. The Permittee shall submit to the WPCSOCC a
completed designation form designating the appropriately certified Operator(s)thirty(30)
days prior to the introduction of waste into the system or within thirty (30) days of
classification,in the case of the Existing System. The designated Operator of the Facility
must visit the Facility as often as necessary to insure proper operation of the system,but in
no case less frequently than as specified in 15A NCAC 8G.0204(2), 15A NCAC 8F.0203,
or both.
7. Failure to abide by the conditions and limitations contained in this Permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statute 143-215.6A-6C and may include the requirement to obtain additional
treatment or storage units and/or addition of land application sites,and/or the modification
of the system.
8. The issuance of this Permit does not excuse the Permittee from the obligation to comply
with all applicable statutes,rules,regulations,or ordinances(local, state,and federal).
9. This Permit is effective only with respect to the nature and volume of wastes described in
this Permit for the Frenches Creek. Any proposed modification to an animal waste
management system shall require approval from the Division prior to construction.
10. This Permit is not automatically 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 accompanied by an application fee,documentation from
the parties involved, and other supporting materials as may be appropriate. The approval
of this request will be considered on its merits and may or may not be approved.

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11. The Permittee,at least six(6)months prior to the expiration of this permit,shall request its
extension. Upon receipt of the request,the Commission will review the adequacy of the
Facility described therein,and if warranted,will extend the Permit for such period of time
and under such conditions and limitations as it may deem appropriate.
12. 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.
13. Upon abandonment or depopulation for a period of four years or more,the Permittee must
submit documentation to the Division demonstrating that all current NRCS standards are
met prior to restocking of the facility.
WI. PENALTIES
1. Failure to abide by the conditions and limitations contained in this Permit; the facility's
Best Management Plan; 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 a 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.
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 25 years, as defined 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.
Agronomic rates means the amount of animal waste and/or other nutrient sources to be applied to
lands as outlined in NRCS NC Conservation Practice Standards No. 590 "Nutrient Management"
or as recommended by the NCDA&CS and the North Carolina Cooperative Extension Service at
the time of certification of the Animal Waste Management Plan by the appropriate certified
technical specialist.
Amendment to the CAWMP means a change and/or addition to a part(s)of the plan, and requires
that the change and/or addition adhere to current applicable standards. The following are examples
of amendments to the CAWMP:

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• In an existing CAWMP, a change in crops and/or cropping pattern that utilizes 25%or less of
the N generated is considered a plan amendment. Additional acreage needed to facilitate the
change in crops and/or cropping pattern is permissible and considered part of the amendment.
• The addition of winter crops and/or interseeded perennial crops are considered amendments to
an existing CAWMP when the operation does not require additional acreage and/or crops for
N utilization,and does not exceed the 25%criteria stated above.
• When a CAWMP cannot meet N utilization requirements due to land lost to irrigation
inefficiency (useable versus total acres), then the CAWMP may be amended to increase
available acreage and/or change the crop for N utilization. This is the only exception to the
25%N criteria for plan revision.
• Inclusions of emergency action plans,and insect,odor and mortality checklists are considered
CAWMP amendments.
• Including additional acreage for land application beyond what is required in the existing
CAWMP is considered a plan amendment.
Animal feeding operation means a lot or facility(other than an aquatic animal production
facility)where the following conditions are met:(i)animals(other than aquatic animals)have
been,are,or will be stabled or confined and fed or maintained for a total of forty five(45)days or
more in any twelve(12)month period,and(ii)crops,vegetation,forage growth,or post-harvest
residues are not sustained in the normal growing season over any portion of the lot or facility.
Two or more animal feeding operations under common ownership are considered to be a single
animal feeding operation if they adjoin each other,or if they use a common area or system for the
disposal of wastes.
Certification means technical specialist certification of the CAWMP in accordance with the
requirements of 15A NCAC 02T .1304. It is unrelated to terms"Annual Certification"as used in
Condition III.17 of this Permit,and the"No Discharge Certification Option"allowed by the
November 2008 EPA CAFO Rule.
Ditch means any man made channel for the purpose of moving water off a site to the surface
waters.
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 mean any subsurface waters,as defined in 15A NCAC 2L .0102.
Land application means the application of wastewater and/or waste solids onto or incorporation
into the soil.
Major changes to the CAWMP means changes in the number of animals,type of operation(feeder
to finish to wean to feeder),retrofit of a lagoon,installation of a new irrigation system,and similar
type changes. Recertification is only required for major changes to the CAWMP. Major changes
to a facility must first be approved by DWQ. The new CAWMP and the certification shall be
submitted with a request that the COC be amended to reflect the changes. The facility may not
make the changes until a new or amended COC has been issued.

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Revision to the CAWMP means a change to an entire CAWMP to meet current applicable
standards. A CAWMP must be revised if the operation cannot utilize all N nitrogen generated by
the animal production in accordance with the existing CAWMP,except for the specific conditions
noted in the CAWMP amendment criteria as previously defined.For an existing CAWMP,a change
in crops and/or cropping pattern that utilizes more than 25%of the N generated by the operation is
considered a plan revision.Any change to an existing CAWMP,whether an amendment or revision,
must be signed and dated by both the producer and a technical specialist for the new CAWMP to
be valid. A revision of the CAWMP does not require recertification.
State Waters means all surface waters,wetlands,groundwaters and waters of the United States
located in the State.
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.
Waste means manure, animal waste, process wastewater and/or sludge generated at an animal
feeding operation.
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.
Permit issued this the 3rd day of September,2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DxuSipmd by:
brOatit44, NAta4t
E3415E2C05B24CD...
for S. Daniel Smith
Division of Water Resources
By Authority of the Environmental Management Commission
Permit No.AWI090005