WQ0014247_Additional Information Request_20211022

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
JOHN SARGENT — VICE PRESIDENT
MURPHY-BROWN LLC
POST OFFICE BOX 856
WARSAW, NORTH CAROLINA 28398
Dear Mr. Sargent:
NORTH CAROLINA
Environmental Quality
October 22, 2021
Subject: Application No. WQ0014247
Additional Information Request
Register Trailer Wash Facility
Wastewater Irrigation System
Duplin County
Division of Water Resources' Central and Regional staff has reviewed the application package
received July 29, 2021. However, additional information is required before the review may be completed.
Please address the items on the attached pages no later than the close of business on November 22, 2021.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding items
in Sections A and B, or failure to provide the additional information on or before the above requested date
may result in your application being returned as incomplete.
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with two paper
copies and one electronic copy submitted to my attention at the address below.
If you have any questions regarding this request, please do not hesitate to contact me at (919) 707-
3659 or [e-mail]. Thank you for your cooperation.
Sincerely,
Erick Saunders, Engineer
Division of Water Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Permit Application File WQ0014247
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512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Mr. John Sargent
October 22, 2021
Page 2 of 2
A. Attachment A — Site May:
1. While not required based on the question listed in this section, it appears that the map provided
after the Animal Waste Utilization Agreement between Square One Farms, LLC and Murphy
Brown, LLC is for Corbett Farm. This map does not appear to correspond with this facility, and it
is unclear whether the agreement between Square One Farms and Murphy Brown is for this facility.
Please verify whether this agreement is for this facility.
B. Attachment G — Easement, Encroachment, and Lease Agreements:
The irrigation fields are located on parcel #341000116394 owned by Wendell H. Murphy, Jr. and
parcel #341000012144 owned by Square One Farms, who are not the permittee. In accordance with
15A NCAC 02L .0107(f), if the permittee is not the owner of the land within the compliance
boundary, the landowner of the land within the compliance boundary shall execute and file in the
Register of Deeds in the county in which the land is located, an easement running with the land
which:
a. contains:
i. either a notice of the permit, including the permit number, a description of the type
of permit, and the name, address and telephone number of the permitting agency; or
ii. a reference to a notice of the permit with book and page number of its recordation if
such notice is required to be filed by statute;
b. prohibits the construction and operation of water supply wells within the compliance
boundary; and
reserves the right to the permittee and the State to enter on such property within the
compliance boundary for groundwater monitoring and remediation purposes.
An easement shall be executed and recorded in the Duplin County Register of Deeds that fits the
above requirements.
2. There are two agreements provided in order to provide property ownership documentation of the
wastewater facilities (such as the wash/drain pads and lagoons) and the irrigation facilities in
accordance with 15A NCAC 02T .0504(f). The first is the aforementioned Animal Waste
Utilization Agreement with Square One Farms which expires on November 1, 2023. The second is
the lease agreement with Wendell H. Murphy Jr. and Murphy Milling Co., Inc. The term of this
lease agreement is listed as "ending at midnight of the tenth anniversary of the Commencement
Date", which would be December 19, 2021. Both of these agreement would expire in the middle
of the permit cycle.
Please provided updated agreements with Wendell H. Murphy, Jr., Square One Farms, and Murphy
Milling Co., Inc. that would fulfill the Property Ownership Documentation requirements as listed
in 15A NCAC 02T .0504(f) which would allow for the wastewater treatment and disposal activities
covered in this permit. The term of these agreements shall extend this expiration date further than
at least May of 2028. Please note that the disposal fields will need to meet the requirements of B.1.
C. Existing Permit:
Condition III.17. of the existing permit incorporates the Waste Utilization Plan by reference into
the permit. Please provide the most current version of this plan for reference.