HomeMy WebLinkAboutWQ0014247_Additional Information Response_20220122NORTH CAROLINA
DUPLIN COUNTY
IIIamm[Ltl"7r_M
THIS LEASE AGREEMENT (hereinafter "Agreement"), entered this the le day of
December 2021, executed by and between WENDELL H. MURPHY, JR. and
MURPHY MILLING CO., INC., each with a mailing address of P.O. Box 1139, Wallace,
North Carolina (collectively, "Lessor"), and Murphy -Brown, LLC, with a mailing address
of2822 Highway 24 West, Warsaw, North Carolina (hereinafter "Tenant").
WITNESSETH:
For and in consideration of the mutual covenants and promises herein contained, Lessor
and Tenant agree as follows:
Premises. Lessor hereby agrees to lease to Tenant and Tenant hereby agrees to
lease from Lessor certain tracts or parcels of land located in the County of Duplin,
State of Nolth Carolina ('Property"), as more -particularly described in Exhibit
attached hereto and by this reference incorporated herein, as also shown as Parcel #
09-3657 and Parcel # 09-6020 on Duplin County GIS.
2. Use of the Property. The Property shall be used by Tenant for agricultural uses,
including the washing of over the road equipment. No other use of the Property
shall be made by Tenant without the written consent of Lessor.
3. Term and Effective Date. The Property is hereby leased for a term beginning on,
December 19', 2021 ("Commencement Date") and ending at midnight on the tenth
(loth) anniversary of the Commencement Date unless the Term shall sooner
terminate as provided in this Agreement. Upon termination of the Agreement,
Tenant shall promptly close any existing lagoons on the property in accordance with
applicable law, and the termination will not be effective until this requirement has
been met.
4. Rent. Tenant hereby agrees to pay rent on or before the Commencement Date in
the amount of$ 1.00 per year, paid in advance, beginning on the Colmnencement
Date.
5. Condition of the Property. Tenant has inspected the Property and is familiar with the
physical condition thereof and has received the Property in good order and
condition and agrees that the Property complies in all respects to the requirements of
this Agreement. Lessor makes no representation or warranty with respect to the
condition of the Property or its fitness or availability for any particular use, and
Lessor shall not be liable for any latent or patent defect there in. Tenant will not do or
permit any act or thing which is contrary to any legal or insurance requirements,
or which might impair the value or usefulness of the Property or any part thereof, or
which constitutes a public or private nuisance or waste. This Agreement shall be
subject to any existing rights of others. including but not limited to, easements, rights
of way, water rights, mineral rights, oil and gas leases and restrictions on use of the
Property.
6. Payment of Taxes and Utilities. Taxes on the Property shall be paid by Lessor,
except that Lessee shall pay taxes assessed on the Improvements (defined below).
Lessee shall pay the utilities (gas, telephone, electricity, water) associated with its use
of the Improvements.
7. Repairs and Improvements to the Property. Tenant at its expense shall repair,
maintain, and keep the Property and all existing Improvements thereon in
substantially the same condition as such items were on the Commencement Date.
"Improvements" shall mean the office, shop and truck wash and shall not include the
grain storage facility utilized by Lessor.
8. Mortgaae. Assignment or Sublease. Tenant shall not sublet the Property or any part
thereof, or assign this Agreement in whole or in part or in any way encumber this
Agreement or the Property without Lessor's prior written consent. Lessor may
assign this Agreement in whole or in part and shall thereupon be released of all
duties and obligations under this Agreement.
9. Access. Lessor, or its authorized representatives, shall have the right, but not the
obligation, to enter upon the Property at any time for inspection or other purposes.
10. Legal Requirements. Tenant at its expense will promptly and diligently (a) comply with
all legal requirements pertaining to the operation of the Property and the fanning
thereof, (b) procure, maintain, and comply with all permits, licenses, franchises
and other authorizations required for the use of the Property contemplated hereby. The
term "legal requirements" shall include all laws, statutes, orders, judgments,
decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions,
and requirements of all governments, departments, commissions, boards, courts,
authorities, agencies, officials and officers, which now or at any time hereafter may
be applicable to the operation of the Property and the farming thereof, including but
not limited to, full compliance with such government A.S.C.S. programs as may
be approved by Lessor.
11. Condemnation. In the event of a taking by condemnation, eminent domain or other
legal proceedings, of the entire Property, this Agreement shall terminate as of the
date of such taking, and the award shall be payable to Lessor. A partial taking which
makes it economically unfeasible to continue a farming operation on the remaining
acreage shall be considered a total taking and covered by the preceding sentence. In
the event of partial taking, leaving a unit of economical farming size, this Agreement
shall continue in full force and effect on the remaining acreage, with proportionate
2
reduction in rent, with any condemnation award to be paid to Lessor. Any award for
growing crops shall be to Tenant subject to the fulfillment of Tenant's obligations to
Lessor.
12. Indemnification. Tenant will protect, indemnify and hold harmless Lessor from and
against all liabilities, obligations, claims, damages, penalties, causes of action, costs
and expenses (including without limitation, attorneys' fees and expenses) arising from
injury to person or property sustained by anyone in and about the Property and resulting
from Tenant's use or operation of the Property, including but not limitedto, any act
or omission of Tenant, or Tenant's officers, agents, servants, and employees. The
obligations of Tenant under this section shall survive any termination of this
Agreement.
13. Insurance. Not later than the Commencement Date, and during the term of this
Agreement or any renewals thereof, Tenant shall at no expense to the Lessor, carry and
keep in force during the term of this Agreement, general liability insurance
(including any applicable program of self-insurance) for personal injury and property
damage liability. Such insurance shall provide for property damage liability coverage
of at least $100,000 and personal injury coverage of at least $1,000,000 for each
occurrence and in the aggregate.
14. Waste and Protection. Tenant shall not commit or permit waste or strip and shall
supervise the Property at all times, and shall exercise its best efforts to prevent theft,
vandalism and other damage.
15. Defaults, Termination, Repossession and Relettine. Any one or more of the
following events shall constitute an event of default ("Event of Default") under this
Agreement:
(a) if Tenant shall fail to pay any rent (whether the same be money, crop share or
commodity) when and as the same becomes due and payable; or
(b) if Tenant shall fail to perform or comply with any of the other terms of this
Agreement, and such failure shall continue for more than ten days after notice
thereof from Lessor, and Tenant shall not within such period commence with
due diligence and dispatch the curing of such default: or
(c) if Tenant shall make a general assignment for the benefit of creditors, or shall
admit in writing its inability to pay its debts as they become due or shall file a
petition in bankruptcy, or shall be adjudicated a bankruptcy or insolvent, or
shall file a petition seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation, or shall file an answer admitting or shall fail
reasonably to contest the material allegations of a petition filed against it in any
such proceeding, or shall seek or consent to or acquiesce in the appointment of
3
any trustee, receiver or liquidator of Tenant or any material part of its
property; or
(d) if, within 90 days after the commencement of any proceeding against Tenant
seeking any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief under any present or future statute, lawor
regulation, such proceeding shall not have been dismissed, or if, within 90 days
after the appointment without the consent or acquiescence of Tenant, of any
trustee, receiver or liquidator of Tenant or of any material part of its properties,
such appointment shall not have been vacated; or
(e) if a final judgment for the payment of money shall be rendered against Tenant
and, within 60 days after the entry thereof, such judgment shall not have been
discharged or execution thereof stayed pending appeal, or if, within 60 days
after the expiration of any such stay, such judgment shall not have been
discharged.
Then, and in any such event, Lessor shall have the right (in addition to all other rights
and remedies provided by law) to terminate this Agreement, or to re-enter and take
possession of the Property, and to remove any property therein, without liability for
damage to, and without obligation to store or return such property but may store the
same and Tenant's expense. Upon an Event of Default, Lessor may give a written
termination notice to Tenant, and on the date specified in such notice this Agreement
shall terminate and the Agreement term shall expire and terminate by limitation and
all rights of Tenant under this Agreement shall cease, unless before such date (1) all
arrears of rent and all other sums payable by Tenant under the term of this Agreement
together with interest thereon at the highest lawful rate, not exceeding 12% per annum,
and all costs and expenses (including, without limitation, attorneys' fees and expenses)
incurred by or on behalf of Lessor hereunder, shall have been paid by Tenant, and (2)
all other defaults at the time existing under this Agreement shall have been fully
remedied to the satisfaction of Lessor, Tenant shall reimburse Lessor for all costs and
expenses incurred by or on behalf of Lessor (including, without limitation, attorneys'
fees and expenses) occasioned by any default by Tenant under this Agreement.
16. Survival of Tenant's Obligations: Damages. No expiration or termination of this
Agreement or the term thereof pursuant to Section 15 or by operation of law, or
otherwise, and no repossession of the Property or any part thereof pursuant to Section
15, or otherwise, shall relieve Tenant of its liabilities and obligations hereunder, all of
which shall survive such expiration, termination or repossession.
17. Environmental.
(a) During the term of the Agreement or during any possession of the Property by
Tenant prior to the commencement date (1) Tenant shall comply and cause the
4
Property to comply with all applicable Environmental Laws, and (2) Tenant shall
not allow, permit or cause (i) the release or threat of release of any hazardous
substances, hazardous wastes, toxic substances, controlled hazardoussubstances,
hazardous materials, petroleum or petroleum products, pollutants orcontaminants
(as those terms are defined under Environmental Laws) in, on, under or from the
Property, however Tenant shall not be liable for any such releases or threatened
releases occurring prior to the Commencement Date; (ii) the installation or use
of any underground storage tanks and only such above ground storage tanks or
drums for used oil or other substances drained from Tenant's vehicles which tanks
or drums are temporary in nature, have secondary containment and which are
emptied and the contents disposed of offsite in compliance with all applicable
Environmental Laws every 90 days or earlier if required under applicable
Environmental Laws; (iii) the use or storage of any degreaser except within a
closed system and with the prior written consent of the Landlord, which may be
withheld in Landlord's sole discretion, and in no event shall any dense non -
aqueous phase liquids such as trichloroethene be permitted; (iv) the accumulation
of tires, spent batteries, construction and demolition debris or any other solid
waste, except for solid waste generated from Tenant's permitted operations on
the Property and stored in containers for normal scheduled pickup and disposal
off site in compliance with applicable laws, or (v) any other environmental
condition with regard to the Properly which could result in liability for an owner
or operator of the Property.
(b) The term "Environmental Laws" shall mean all environmental, health and safety
laws, rules, regulations, ordinances, permits, orders or requirements of any
governmental authority, including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.
§§ 9601, et. seq., as amended; Solid Waste Disposal Act, 42 U.S.C. §§ 6901, et.
sM as amended; Toxic Substances Control Act, 15 U.S.C. §§ 2601, et. sm
as amended; Hazardous Materials Transportation Act, 49 U.S.C. §§ 5IO1, et.
sea., as amended; Federal Water Pollution Control Act, 33 U.S.C. §§ 1251,
et. seq., as amended.
(c) Tenant shall indemnify and hold harmless Landlord, Landlord's officers,
directors, stockholders, partners, employees and agents, and if Landlord is a trust,
trustees and beneficiaries thereof (the "Indemnified Parties") from any and all
liabilities (including strict liability), penalties, demands, actions, costs and
expenses (including, without limitation, attorneys' fees, remedial and response
costs and any continuing monitoring or closure costs) incurred or suffered by the
Indemnified Parties, or asserted by any third party against the Indemnified
Parties, due to the breach of Tenant's duties or obligations set forth in this
Paragraph. This indemnification shall survive the expiration or earlier
termination of this Agreement.
5
18. Waiver. No failure by Lessor or Tenant to insist upon the strict performance of any term
hereof or to exercise any right, power or remedy consequent upon a default thereof,
and no submission by Lessor or acceptance by Lessor of full or partial rent during the
continuance of any such default, shall constitute a waiver of any such default or of
any such term. No waiver of any default shall affect or alter this Agreement, which
shall continue in full force and effect, or the respective rights of Lessor or Tenant with
respect to any other than existing or subsequent default.
19. Notices. Any notices provided for herein shall be in writing and sent by registered or
certified mail to the Lessor c/o Murphy Family Ventures, arm: WHM, Jr., at the
address first written above to Tenant at the addresses first written above or at such
other address as either party shall indicate in writing.
20. Time. Time is of the essence in the performance by Tenant of its agreements and
obligations as provided by this Agreement.
21. End of Lease Term. Upon the expiration or other termination of the terms of this
Agreement, Tenant shall immediately quit and surrender to Lessor the Property in
good order and condition, ordinary wear and tear excepted, and shall remove all of
Tenant's equipment. Tenant shall restore any damage to the Property caused by the
removal of Tenant's equipment. Tenant will have permission to remove any and all
irrigation equipment it has installed on the farm. No holding over shall be permitted
without Lessor's prior written consent.
22. Entire Agreement. This Agreement represents the entire agreement between the
parties and there are no agreements, promises, or representations between the parties
except as set forth herein.
23. Successors and Assigns Except as specifically provided herein, this Agreement shall
be binding upon the parties hereto, and their respective heirs, legal representatives,
successors and assigns, as the case may be.
24. Captions. The captions in this Agreement are included solely for the convenience of the
parties and are not intended to affect any substantive rights of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this Agreement in the
manner required by law, as of the day and year first above written:
LESSOR:
Murphy Milting Company, Inc.
l
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By
Print Name: vFr a /�4urk hr� S
Title: NP
STATE OF NORTH CAROLINA
COUNTY OF DUPLINc
a notary public for said county and state, do hereby certify that
I �• V of Murphy Milling Company, Inc., personally appeared before me
this day and ac owledged the due execution of the foregoing document for the purpose stated therein
and in the capacity indicated on behalf of the company.
WITNESS my hand and official stamp or seal this 1=day of 2 i�bF l/ , 2021.
FYI (Z9-
(t�otp"Sv1 Notary Public
`j ��S Print Name: C I J • 41A is
Notary Pubh; -'u)
Duplin My Commission Expires: 2-4 2J2b
County =
My Comm. Exp.
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LESSOR:
Wendell H. Murphy, Jr. f
a.1 /By:��/r
STATE OF NORTH CAROLINA t
COUNTY OF DUPLIN
4- $54 s W Ir , a notary public for said county and state, do hereby certify that
V C of sU + personally appeared before me this day and acknowledged the due execution of
the foregoing doctltii& for the purpose stated therein.
WITNESS my hand and official stamp or seal this % day of ce h- ,w 12021.
r \ ppu i i i mq Notary Public
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TENANT:
Print Name: dt�\�wo f A r
Title: LcJ0 t U-`C � It 5 k (t %
STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
a notary public for said county and state, do hereby certify that
Fxcf— V r of MURPHY-BROWN, LLC., personally appeared before me this
day and acknowledged the due execution of the foregoing document for the purpose stated therein and, in
the capacity, indicated on behalf of the limited liability company.
WITNESS my hand and official stamp or seal this 10 day ofkL�_,, Uj— 2021.
L�Nts(,_ C� C4,o
Notary Public
(Notary Seal)
Print Name:
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Doc IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
No: 10040625
Recorded: 01/07/2022 12:52:19 PM
Fee Amt: $51.00 Page 1 of 2
STATE OF NORTH CANOLINA
Duplin County North Carolina
COUNTY Of OUPLIN
Anita Marie Savage, Register of Deeds
been Ided tot
BK 1983 PG 620.621 (2)
This lnshamendims
the Data Time and in the
Degishation on
Book and Page shown on the First Page
tor�
heteot,YQ.d salekeepingmetl
�'OidSTANDARD DOCUMENT
FEE COLLECTED PER
N.C.G.S.161-10 (a) (18a)
SPRAY IRRIGATION APPLICATION AGREEMENT AND EASEMENT
Square One Farms, LLC hereby agrees to allow Murphy -Brown, LLC, hereinafter referred to as the Permittee, the right to
continue to apply trailer wash water effluent from its Register Trailer Wash Facility, permit #W00014247, on
approximately 33 acres of our land, located on parcels #09-619 and #09-5927 in Duplin County, for the duration of the
current permit and the subsequent renewed permit through December 2031.
In accordance with 15A NCAC 02L .0107(f), this agreement also serves as an easement for:
a) the Wastewater Irrigation System permit for the above -mentioned facility permitted by the
NC Department of Environmental Quality, Division of Water Resources
1617 Mail Service Center, Raleigh, NC 27699-1617, phone 919-707-9000,
b) prohibits the construction and operation of water supply wells within the compliance boundary; and
c) reserves the right to the Permittee and the State to enter on such property within the compliance boundary for
groundwater monitoring and remediation purposes.
I certify that I am a deeded property owner of above -referenced property and am authorized to make decisions regarding
this property on behalf of other deeded property owners. Furthermore, I certify that I have read and understand this
Agreement and do hereby grant permission to the Permittee to apply wash water effluent to this property as specified
herein. I further agree that upon the Division of Water Resources's issuance of a permit for the subject non -discharge
system, I will record this agreement with the appropriate Register of Deeds and provide the Permittee and Division of
Water Resources with documentation of such.
Property m
Signature:
NOR' �{AROLINA, 1 COUNTY l
I, 1 I IZ Il�S7 (� t a Notary Public for 1Ff1 County, North Carolina,
do hereby certify that I alrti A - Versonally appeared before me this day and
acknowledged the due ex cutic� of the f�-going instr nIt
Witness my hand and seat this the I — day of AY�1�9v , 2021 1 _
SEAL \```T1pluulup/pp,, Ill SfI
\��c�SA S tv� gna re of Notary Public
�`otary Public �N
Duplin
County
My Comm. Exp. _
20 11-26-2026
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/CARt0V0��.
My commission expires 11A 26 Zoz fu
iiimmummummmmiii
Doc Not 10040626
Recorded: 01/07/2022 12:52:20 PM
STATE OF NORTH CAROLINA
_ Fee Amt: $51.00 Page 1 of 2
COUNTY OF OUPLIN
Duplin County North Carolina
This Instrument has been tiled for
Anita Mane Savage, Register of Deeds
Registration on the Date, Time and in the
Rook and Page shown on the First Page
= BK 1983 PG 622 -623 (2)
hereof, and is being returned far 1
your safekeeping. %
x
NONSTANDARD DOCUMENT
FEE COLLECTED PER
N.C.G.S.161-10 (a) (18a)
SPRAY IRRIGATION APPLICATION AGREEMENT AND EASEMENT
Wendell H. Murphy, Jr. hereby agrees to allow Murphy -Brown, LLC, hereinafter referred to as the Permittee, the right to
continue to apply trailer wash water effluent from its Register Trailer Wash Facility, permit #W00014247, on
approximately 13 acres of my land, located on parcel #09-3657 in Duplin County, for the duration of the current permit
and the subsequent renewed permit through December 2031.
In accordance with 15A NCAC 02L .0107(f), this agreement also serves as an easement for:
a) the Wastewater Irrigation System permit for the above -mentioned facility permitted by the
NC Department of Environmental Quality, Division of Water Resources
1617 Mail Service Center, Raleigh, NC 27699-1617, phone 919-707-9000,
b) prohibits the construction and operation of water supply wells within the compliance boundary; and
c) reserves the right to the Permittee and the State to enter on such property within the compliance boundary for
groundwater monitoring and remediation purposes.
I certify that I am a deeded property owner of above -referenced property and am authorized to make decisions regarding
this property on behalf of other deeded property owners. Furthermore, I certify that I have read and understand this
Agreement and do hereby grant permission to the Permittee to apply wash water effluent to this property as specified
herein. I further agree that upon the Division of Water Resources's issuance of a permit for the subject non -discharge
system, I will record this agreement with the appropriate Register of Deeds and provide the Permittee and Division of
Water Resources with documentation of such.
Property owner
Signature: _
) In
C?
COUNTY
1, 11 W Ih)'L . K JILS v a Nota Pub' for 91 � County, North Carolina,
do hereby certify that r c �L 7 pe onally appeared before me this day and
acknowledged the due execution of th If oing in:
Witness my hand and seal this the D S day of
Date:
0 1 1 0 v
SEAL SA S
Notary Public do: $
Duplin
County
My Comm. Exp.
G-- 11-26-2026
9 ac
Signature of Notary Public
My commission expires it 2&
11 /9/2021
NUTRIENT UTILIZATION PLAN
Owner(s):
Murphy -Brown, LLC
Facility Name:
Register Trailer Wash Facility; W00014247
County:
Duplin
Facility Type:
Truckwash
Storage Structure:
Anaerobic Lagoon
Storage Period:
>180
Application Method:
Irrigation
The wastewater from your facility must be land applied at a specified rate to prevent pollution
of surface water and/or groundwater. The plant nutrients in the wastewater should be used to
reduce the amount of commercial fertilizer required for the crops in the fields where the waste
water is to be applied.
This nutrient utilization plan uses nitrogen as the limiting nutrient. Wastewater 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 nutrient utilization plan in order to maximize
the fertilizer value of the wastewater and to ensure that it is applied in an environmentally safe
manner. These factors are to be used as guidance.
1. Always apply wastewater based on the needs of the crop to be grown and the
nutrient content of the wastewater. Do not apply more nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration rates, leaching potentials,
cation exchange capacities, and available water holding capacities.
3. Normally waste shall be applied to land eroding at less than 5 tons per acre per
year. Waste may be applied to land eroding at 5 or more tons per acre annually, but
less than 10 tons per acre per year providing that adequate filter strips are established.
4. 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 DWQ regulations.
5. Wind conditions should also be considered to avoid drift and downwind odor
problems.
6. To maximize the value of the nutrients for crop production and to reduce the potential
for pollution, the waste should be applied to a growing crop or applied not more than
30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
1 of 8
This plan is based on the wastewater application method shown above. If you choose to change
methods in the future, you need to revise this plan. Nutrient levels for different application
methods are not the same.
The estimated acres needed to apply the wastewater is based on typical nutrient content
for this type of facility. In some cases you may want to have plant analysis made, which could
allow additional wastewater to be applied. Provisions shall be made for the area receiving the
wastewater to be flexible so as to accommodate changing wastewater analysis content and crop
type. Lime must be applied to maintain pH in the optimum range for specific crop production.
AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs):
Wastewater Produced Nitrogen Analysis Total
gal/yr Ibs/1000gal Ibs/yr
8,760,000 0.34 2978.40
Applying the above amount of wastewater is a big job. You should plan time and have appropriate
equipment to apply the wastewater in a timely manner.
LAND UTILIZATION SUMMARY
The following table describes the nutrient balance and land utilization rate for this facility
Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced
on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize
in the normal growing season.
Total Irrigated Acreage: 31.28
Total N Required 1st Year: 6962.72
Total N Required 2nd Year: 7247.21
Average Annual Nitrogen Requirement of Crops: 7,104.96
Total Nitrogen Produced by Facility: 2,978.40
Nitrogen Balance for Crops: (4,126.56)
The following table describes the specifications of the hydrants and fields that contain the crops
designated for utilization of the nitrogen produced on this facility. This chart describes the size,
soil characteristics, and uptake rate for each crop in the specked crop rotation schedule for this
facility.
2 of 8
This plan does not include commercial fertilizer. The facility should produce adequate plant
available nitrogen to satisfy the requirements of the crops listed above.
The applicator is cautioned that P and K may be over applied while meeting the N requirements
In the future, regulations may require these facilities to have a nutrient management plan that
addresses all nutrients. This plan only addresses nitrogen.
In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed
through grazing, hay, and/or silage. Where grazing, plants should be grazed when they
reach a height of six to nine inches. Cattle should be removed when plants are grazed to a
height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care
should be exercised not to let small grain reach maturity, especially late in the season (i.e.
April or May). Shading may result if small grain gets too high and this will definitely interfere
with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen
being utilized. Rather than cutting small grain for hay or silage just before heading as is
the normal situation, you are encouraged to cut the small grain earlier. You may want to
consider harvesting hay or silage two to three times during the season, depending on the
time small grain is planted in the fall.
The ideal time to interplant small grain, etc, is late September or early October. Drilling is
recommended over broadcasting. Bermudagrass should be grazed or cut to a height of
about two inches before drilling for best results.
CROP CODE LEGEND
Crop Code
Crop
Lbs N utilized / unit yield
A
Barley
1.6 Ibs N / bushel
B
Grazed Hybrid Bermudagrass
37.5 Ibs N / ton
C
Hybrid Bermudagrass Hay
50 Ibs N / ton
D
Corn - Grain
1.25 Ibs N / bushel
E
Corn - Silage
12 Ibs N / ton
F
Cotton
0.12 Ibs N / Ibs lint
G
Grazed Fescue
37.5 Ibs N / ton
H
Fescue Hay
50 Ibs N / ton
I
Oats
1.3 Ibs N / bushel
J
Rye
2.4 Ibs N / bushel
K
Grazed Overseed
50 Ibs N / acre
L
Overseed Hay
50 Ibs N / acre
M
Grain Sorghum
2.5 Ibs N / cwt
N
Wheat
2.4 Ibs N / bushel
O
Soybean
4.0 Ibs N / bushel
P
Pine Trees
40 Ibs N / acre / yr
B/C
Combination Bermudagrass
43.75 Ibs N / ton
S
Grazed Small Grain
75 Ibs N / acre / yr
Acres shown in the preceding table are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated,
and perimeter areas
not receiving full application
rates due to equipment limitations. Actual total
acres in the fields
listed may, and most likely will be, more than the acres shown in the tables.
See attached map showing the fields to be used for the utilization of this wastewater.
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SLUDGE/GRIT APPLICATION:
The following table describes the Plant Available Nitrogen produced per year in the sludge/grit
Wastewater Produced
Amt Sludge/Grit
Sludge/Grit Analysis
Total
gal/yr
T/1000gal
IbsPAN/T
IbsPAN/yr
0
0
0
0.00
The nutrient utilization plan must contain provisions for periodic land application of sludge/grit at
agronomic rates. The sludge/grit will be nutrient rich and will require precautionary measures to
prevent over application of nutrients or other elements. Your wastewater facility will produce
approximately 0 pounds of plant available nitrogen per year will in the lagoon
sludge/grit based on the rates of accumulation listed above.
If you remove the sludge/grit every 5 years, you will have approximately 0 pounds of plant
available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the
rate of 300 pounds of nitrogen per acre, you will need 0 acres of land. If you apply this PAN
to corn at a rate of 125 pounds per acre, you will need 0 acres of land. Please note that
these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values
may only be determined by sampling the sludge/grit for plant available nitrogen content prior to application
Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific
application fields designated for sludge/grit application at time of removal.
APPLICATION OF WASTE BY IRRIGATION:
The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation
such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil
structure, soil texture, water droplet size, and organic solids. The application amount should not
exceed the available water holding capacity of the soil at the time of irrigation nor should the
plant available nitrogen applied exceed the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan, it is the responsibility of the
producer and irrigation designer to ensure that an irrigation system is installed to properly
irrigate the acres shown in the preceding table. Failure to apply the recommended rates and
amounts of nitrogen shown in the tables may make this plan invalid.
*This is the maximum application amount allowed for the soil assuming the amount
of nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Your facility is designed for Duplin of temporary storage and the temporary storage must
be removed on the average of once every 4 months. In no instance should the volume of the
wastewater stored in your structure be within the 25 year 24 hour storm storage or two feet of
freeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and wastewater applicator to ensure that the application
equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure
to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan
invalid.
Call your technical specialist after you receive the wastewater analysis report for assistance in
determining the amount of wastewater per acre to apply to achieve the proper application amount
prior to applying the wastewater.
5of8
Application Rate Guide
The following is provided as a guide for establishing application rates and amounts.
Soil Application Rate Application Amount
Tract Hydrant Type Crop in/hr * inches
Corbett 2 Autryville B 0.6
Corbett 3 Noodingtor D 0.4
.. :.
Additional Comments:
Fields 1 & 2 are in Combination Bermudagrass which means that at least
half of the crop will be harvested as hay and the other half harvested by grazing,
Both fields will be overseeded with a small grain and may be harvested as hay
or by grazing.
Field 3 is in a corn/soybean/small grain rotation. Residual N from soybeans
has been deducted from the corn rate. The small grain grain will be harvested
by grazing.
11/9/2021 NUP revised to change fields 1 & 2 from combonation graze/hay
to graze. Corn and Soybean rates were updated. No other changes have
been made.
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NUTRIENT UTILIZATION PLAN CERTIFICATION
Name of Facility
Owner:
Manager:
Owner/Manager Agreement:
Register Trailer Wash Facility; WQ0014247
Murphy -Brown, LLC
I/we understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved wastewater nutrient management
plan for the facility named above. I/we know that any expansion to the existing design capacity
of the wastewater treatment and/or storage system, or construction of new facilities, will require a
new nutrient management plan and a request for permit modification to be submitted to DWQ
before any modification of the facility begins.
Uwe understand that I must own or have access to equipment, primarily irrigation equipment,
to land apply the wastewater described in this nutrient management plan. This equipment
must be available at the appropriate pumping time such that no discharge occurs from the lagoon
in the event of a 25 year 24 hour storm. I also certify that the wastewater will be applied on the land
according to this plan at the appropriate times and at rates which produce no runoff.
This plan will be filed on site at the facility office and at the office of the local Soil and Water
Conservation District and will be available for review by NCDWQ upon request.
Name of Facility Owner: Murphy -Brown, LLC
Signature:Q -Z1
Date
Name of Manager (if different from owner):
Signature:
Name of Technical Specialist: Toni W.
Affiliation: Murphy
Address: 2822 Hv
Telephone:
Signature:
\\-'` - 2-I
Date
LEM
Register Truck Wash
Spray Fields
Scale: 1 "= 400'
wa s.uMk wm ft"n"
/
Field #2
Total Field - 12.80 Ac.
(Less Setbacks)
Field /3
Total Field = 10.38 Ac.
(Less Setbacks) /
Field y1
Total Field m &
(Less Setbacks)
SW e.Ib.e1 fiM