830023_Sludge Plan_20211020

SLUDGE APPLICATION PLAN
PRODUCER: Farm 7687
LOCATION: Scotland County
TELEPHONE: [phone]
TYPE OPERATION: Farrow - Wean
NUMBER OF ANIMALS: N/A
(Design Capacity)
Facilities 83-23
The waste from your animal facility must be land applied at a specified rate to prevent pollution
of surface and/or groundwater. The plant nutrients in the animal waste should be used to
reduce the amount of commercial fertilizer required for the crops in the fields where the waste is
to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be
analyzed before each application cycle. Annual soil tests are strongly encouraged so that all
plant nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and available water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special precautions, waste may be
applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when it
is raining, or when the surface is frozen. Either of these conditions may result in runoff to
surface waters which is not allowed under DEM regulations. Wind conditions should also be
considered to avoid drift and downwind odor problems. To maximize the value of nutrients for
crop production and to reduce the potential for pollution, the waste should be applied to a
growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the
waste or disking will conserve nutrients and reduce odor problems.
The estimated acres needed to apply the animal waste is based on typical nutrient content for
this type of facility. Acreage requirements should be based on the waste analysis report from
your waste management facility. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H.0217 adopted by the Environmental Management Commission.
Page 1

WASTE UTILIZATION PLAN
Amount of sludge(gallons)
Amount of Plant Available Nitrogen (PAN) Produced Per Year
4,000,000 gallons x 15 Ib.s PAN/1000 gallons 60,000 lbs. PAN/year. (PAN from N.C.
Guide Std. 633) Tech
60,000 Total
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner
The following acreage will be needed for waste application based on the crop to be grown and surface
application:
Tract
Field
No.
Soil
Tvoe
Table 1: ACRES OWNED BY PRODUCER
Crop Lbs. N Acres Lbs. N
Per Acre Utilized
Month of
Application
0
0.00
(See page 10)
0
0
0
0
0
0
0
0
0
0
Total 0.00
*This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are
applied, they must be accounted for. N must be based on realistic yield expectation.
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements.
Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of
North Caroline to have a nutrient management plan that addresses all nutrients. This plan only
addresses Nitrogen.
Page 2

Tract Field
No.
WASTE UTILIZATION PLAN
Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowner must be attached)
(Required only if operator does not own adequate land [see
Required Specification 2])
Soil Crop Lbs. N Acres Lbs. N Month of
Type Per Acre* Utilized Application
* See footnote for Table 1.
Total
Totals from above Tables
Acres Lbs. N
Utilized
Table 1
Table 2
Table 3
Total
Amount of N Produced
Surplus or Deficit
0.00
506.22
60,779
0.00
0.00
506.22
60779.13
60,000
(779)
NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over
application of nutrient or other elements.
Page 3

WASTE UTILIZATION PLAN
See attached map showing the fields to be used for the utilization of waste water.
Application of Waste by Irrigation
Field Soil Type
No.
Crop Application Application
Rate Amount (In.)
THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL
BE NEEDED FOR DRY LITTER OR SLURRY.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil
and Water Conservation District office after you receive the waste analysis report for assistance in
determining the amount per acre to apply and the proper application rate prior to applying the
waste.
Narrative of operation:
SB515 setbacks apply. They are as follows:
1. 100' from water supply well
2. 200' from residence
3. 50' from public ROW.
4. 50' from property line not owned by the producer or lessor.
5. 75' from blue -line stream
Actual sludge analysis should be used for all recordkeeping. Records should be kept on SLD2
forms after applications documenting volumes applied.
This sludge plan is for 2 separate facilities. Grower must keep application records at both facilities.
Records should indicated which facility and lagoon the sludge applied is from.
Page 4

1
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
3
Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic
crop yields based on soil type, available moisture, historical data, climatic conditions, and
level of management, unless there are regulations that restrict the rate of application for
other nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per
year providing grass filter strips are installed where runoff leaves the field. (See FOTG
Standard 393 - Filter Strip).
5 Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland,
the waste may be broadcast provided the application does not occur during a season
prone to flooding. (See "Weather and Climate in North Carolina" for guidance.)
7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur in order to control odor or flies.
8
Animal waste shall not be applied to saturated soils, during rainfall events, or when the
Page 5

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
(continued)
9 Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potential for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
11
12
13
14
Any new swine facility sited on or after October 1, 1995 shall comply with the following:
The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property
boundary and from any perennial stream or river (other than an irrigation ditch or canal.
Animal waste other than swine waste from facilities sited on or after October 1, 1995),
shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter
Strips).
Animal waste shall not be applied closer than 100 feet to wells.
Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
Waste shall be applied in a manner not to reach other property and public right-of-ways.
Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
15 discharge or by over -spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialist".
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates in a
manner that causes no runoff or drift from the site.
16
Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system.
Page 6

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18
If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
Highly visible markers shall be installed to mark the top and bottom elevations of the
21 temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
22 at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7

WASTE. UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: Cs n-, -1t Pcn
Owner / Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. 1 (we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before the
new animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the
farm office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner:
(Please print)
Signature:
Mta
Name of Manager (If different from owner):
Date: t O -to- -al
Signature: Date:
Name of Technical Specialist: (Please print)
Toni W. King
Affiliation: Murphy Brown, LLC
Address (Agency): PO Box 856
Signature:
Warsaw, NC 28398
[phone]
Date: \b - ZO- ZI
Page 8

WASTE UTILIZATION PLAN
ANIMAL WASTE UTILIZATION AGREEMENT
(Needed only if additional land has to be leased, etc.)
hereby give
permission to apply animal waste from his Waste Utilization System on acres
of my land for the duration of time shown below.
I understand that this waste contains nitrogen, phosphorous, potassium, and other
trace elements and when properly applied should not harm my land or crops. I also
understand that the use of waste will reduce my needed for commercial fertilizer.
Adjacent Landowner: Date:
Waste Producer: Date:
Technical Representative: Date:
SWCD Representative: Date:
Term of Agreement: 19 to 20
(Minimum of Ten Years on Cost Shared Items)
(See Required Specification No. 2)
Page 9

Tract
Field
No.
Soil
Tvpe
WASTE UTILIZATION PLAN
Table 1: ACRES OWNED BY PRODUCER
Crop Lbs. N Acres Lbs. N
Per Acre* Utilized
Month of
Application
T3594
PF1 F3
ThA
Wheat
118
55.21
6,514.78
Sept -April
T3594
PF1 F4
Tha
Wheat
118
65.53
7,732.54
Sept -April
T3820
PF2 F1
NoA
Wheat
125
1.96
245.00
Sept -April
T3594
PF2 F2
NoA
Wheat
125
16.98
2,122.50
Sept -April
T3594 & T3826
PF3
NoA
Wheat
125
117.98
14,747.50
Sept -April
T3826
PF5 F4
WaB
Wheat
91
16.89
1,536.99
Sept -April
T3826
PF5 F5
WaB
Wheat
91
21.71
1,975.61
Sept -April
T3826
PF6 F6
NoB
Wheat
122
27.03
3,297.66
Sept -April
T3826
PF6 F7
NoA
Wheat
125
27.10
3,387.50
Sept -April
Sept -April
T3826
PF7 F8
NoA
Wheat
125
27.85
3,481.25
T487
PF9 F1
NcA
Wheat
125
36.43
4,553.75
Sept -April
T487
PF9 F2
DbA
Wheat
102
5.75
586.50
Sept -April
T487
PF9 F3
NcA
Wheat
125
10.45
1,306.25
Sept -April
T487
PF9 F4
NcB
Wheat
122
2.35
286.70
Sept -April
T487
PF9 F8
BaA
Wheat
90
3.44
309.60
Sept -April
T487
PF10 F5
NcA
Wheat
125
17.36
2,170.00
Sept -April
T487
PF10 F7
NcA
Wheat
125
37.59
4,698.75
Sept -April
T487
PF11 F6
NcA
Wheat
125
14.61
1,826.25
Sept -April
TOTAL
506.2
60779.1
Page 10

LAND APPLICATION AGREEMENT
THIS LAND APPLICATION AGREEMENT (the "Agreement") is made as of this 7 day
of .5- _, 2021 (the "Effective Date") by and between P4;/440 /f'G4rel i Air, ("Landowner")
and 'HY-BROWN, LLC, a Delaware limited liability company (the "Applicator").
RECITALS:
A. Applicator owns certain real property (as more particularly described on Exhibit A
attached hereto, the "Applicator's Land") where it conducts farming activities that contribute to the raising
and production of livestock, including, but not limited to, the feeding, care, and management of livestock,
mortality management, the planting, raising, and harvesting of crops, and has a need to remove nutrient -
rich effluent from the waste utilization system in place upon all or a portion of Applicator's Land (the
"Effluent") by applying the same over nearby farm land: (which could be- crop land, hay fields, and/or
grazed pastures.)
B. Landowner owns, or has transferable rights to, the farm land described in Exhibit B
attached hereto (the "Farm Land"), and wishes to have the Effluent applied over said Farm Land pursuant
to the terms and conditions hereof.
For and in consideration of other good and valuableconsideration, the receiptandsufficiencyof
which are acknowledged, and of the premises, mutual covenants and conditions in this Agreement,
Landowner and Applicator (the "Parties") agree as follows:
1. GRANT. Subject to the terms and provisions of this Agreement, and during the term
hereof, Landowner grants to Applicator, and any of its authorized employees, contractors, or agents,
permission to enter upon the Farm Land to apply, free of charge to Landowner, the Effluent upon the Farm
Land. Such application of the Effluent shall be completed in the manner and process as consistent with the
terms of this Agreement and the Governing Law.
2. TERM; AUTOMATIC EXTENSION; EARLY TERMINATION. The term of this
Agreement ("Term") shall commence on the Effective Date and shall expire on December 31, .2A2 . (the
"Initial Term"). Provided that there is no uncured default of this Agreement upon expiration of the Initial
Term, Applicator may, upon written notice to Landowner, elect to extend the Initial Term for an additional
one (1) year period (the "Extended Term") on the same terms and conditions as the Initial Term. In such
event, the Extended Term shall become part of the Term. Notwithstanding the foregoing, Applicator has
the unilateral right to terminate this Agreement at any time by delivering to Landowner a notice of
termination at least ninety (90) days prior to the desired date of termination (an "Early Termination
Notice").
3. PAYMENT OF FEE. There will be no payment, but the Landowner will gain the fertilizer
value of the Effluent Applied.
4. APPLICATION OF EFFLUENT. Applicator shall coordinate with Landowner with
respect to the timing of the application of the Effluent upon the Farm Land. The Parties agree to work in
together in good faith to schedule Effluent application on dates and at times that do not unreasonably
interfere with the operation or use of the Farm Land, nor which disrupt or negatively impact Applicator's
operations and need for disposal of the Effluent from Applicator's Land, including Applicator's need to
apply Effluent, including compliance with any Governing Law.
1

5. RECOGNITION OF EFFLUENT COMPONENTS. Landowner understands and
agrees that (a) the Effluent contains nitrogen, phosphorous, and other trace elements and should not harm
Landowner's land or crops; (b) the Effluent's application on the Farm Land may reduce Landowner's needs
for commercial fertilizer; and (c) nitrogen and other nutrient limitations exist based on an individual farm
waste utilization plan under Governing Law ("Plan"). After the completion of Effluent application,
Applicator shall provide Landowner report showing a nitrogen total of animal waste derived nutrients vs.
remaining nutrients as allowed in the Plan.
6. INDEMNIFICATION. Each party shall indemnify and hold the other harmless against
any claim of liability or loss from personal injury or property damage resulting from or arising out of a
breach of any representation made in this Agreement, or the negligence or willful misconduct of the
indemnifying party, its employees, contractors or agents, except to the extent such claims or damages may
be due to or caused by the negligence or willful misconduct of the other party, or its employees, contractors
or agents.
7. GOVERNING LAW. This Agreement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws and rules of the State in which the Farm Land is located
"Governing Law").
8. ASSIGNMENT AND SUBLEASE. This Agreement may not be sold, assigned or
transferred without the written consent of Landowner, which such consent will not be unreasonably
withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of
Applicator or transfer upon partnership or corporate dissolution of Applicator shall constitute an assignment
hereunder.
9. TAXES. Landowner shall be responsible for all county and state property taxes due on the
Farm Land.
10. MEMORANDUM OF LEASE. Either party, upon written request of the other, shall join
in the execution of a Memorandum of Lease in proper form for recording or filing in the office of the
register of deeds of the county in which the Farm Land is located, which Memorandum shall set forth the
existence of terms of this Lease, and such other terms as the parties may mutually agree upon
11. NOTICES. All notices hereunder ("Notices") must be in writing and shall be deemed
validly given if sent by certified mail, return receipt requested or by overnight commercial courier,
addressed as follows (or any other address that the Party to be notified may have designated to the sender
by like Notice):
LANDOWNER:
PA f /
W-veGtv" /l/G 28,376
yto-318'—)l87
2

APPLICATOR:
c/o Murphy -Brown LLC
2822 Hwy. NC-24 West
Warsaw, North Carolina 28398
Attn: Real Estate Department
with copy to:
Smithfield Foods, Inc.
200 Commerce Street
Smithfield, Virginia 23430
Attn: Legal Department
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant
to the foregoing.
12. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the parties hereto.
13. COUNTERPARTS. This Agreement may be executed in duplicate counterparts, each of
which shall be deemed an original.
14. ENTIRE AGREEMENT. This Agreement represents the entire agreement and
understanding of the Parties hereto and supersedes all prior agreements and understandings relating to the
subject matters in this Agreement. This Agreement may be modified only by an agreement in writing
executed by the Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date last
written below.
LANDOWNER:
am et' Py.'/%yo 61,
/t
Date:
APPLICATOR:
MURPHY-BROWN, LLC,
a Delaware limited liability company
By:
Name: /�•
Title: �nYihwip+ eJ -f SySks ,
Date:
3