HomeMy WebLinkAbout490048_Permit (Issuance)_20220810
August10, 2022
Robert W. Stamey
Stamey Farms
255 Stamey Farm Road
Statesville, NC 28677
Subject:Permit No. AWI490048
Stamey Farms
Animal Waste Operation
Iredell County
Dear Robert W. Stamey:
In accordance with your renewal request received August1, 2022, we are forwarding herewith Permit No.
AWI490048,dated August10, 2022to Robert W. Stameyauthorizing the operation of an animal waste
collection, treatment, storage and land applicationsystem in accordance with this permit.
This permit shall be effective from the date of issuance until July 31, 2027,will replace the Permit No.
AWI490048 previously issued to this facility, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the 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. Any increase in steady state live weight (SSLW) or increase in stocked animals above
the listed numbers in this permit will require a modification to this permit and shall be completed prior to actual
increase in either SSLW or number of animals.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights in either real or
personal property.
Per 15A NCAC 02T .0111(c), a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per 15A NCAC 02T .1304 and NC NRCS
standards, a 100-ft separation shall be maintained between water supply wells and any lagoon, storage pond,
or any land application of waste.
In accordance with Condition II.18 of this Permit, waste application shall cease within twelve (12) hoursof
the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood
Watch/Flash Flood Watch associated with a tropical system for the county in which the facility is located. You
may find detailed watch/warning information for your county by calling the Greenville/Spartanburg, SC
National Weather Service office at (864) 848-3859, or by visiting their website at: www.weather.gov/gsp/
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 G.S. §143-215.6A through §143-215.6C, the Clean Water Act,
and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
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 of Water Resources prior to a name change or change in ownership.
This facility is located ina county covered by our Mooresville Regional Office. The Regional Office staff may
be reached at 704-663-1699. If you need additional information concerning this COC or the General Permit,
please contact the Animal Feeding Operations Program staff at (919) 707-9129.
Sincerely,
for Richard E. Rogers, Jr.
Director, Division of Water Resources
cc:Mooresville Regional Office, Water Quality Regional Operations Section
Iredell County Health Department
Iredell County Soil and Water ConservationDistrict
LaserficheFileNo:AWI490048
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
CATTLE WASTE MANAGEMENT SYSTEM INDIVIDUAL 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
Robert W. Stamey
Iredell County
FOR THE
operation of an animal waste collection, treatment, and land application system with an animal capacity of no
greater than an annual average of 130 dairy cattle, 40 dairy calves, 150 dairy heifers, 25 dry cows with an
additional 6,000 gallon wastewater from a 3,600 gallons per day of yogurt productionfrom which the
waste is collected on concrete feeding pads and heavy use areas and is scraped periodically to store and treat
in the animal waste treatment system consisting of a series of dry stacks prior to land application, with no
discharge of wastes to the surface waters, pursuant to the application received August1, 2022, and in
conformity with the nutrient management plan, other specifications, and supporting data subsequently filed
and approved by the Department of EnvironmentalQualityand considered a part of this permit.
This permit shall be effective from the date of issuance until July 31, 2027, and shall be subject to the following
specified conditions and limitations:
I.PERFORMANCE STANDARDS
1.The animal waste management system operated under this Permit shall be effectively
maintained and operated as a non-discharge system to prevent the discharge of pollutants to
surface waters or wetlands. 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, wetlands, or
ditches. If the Facility has a discharge of waste that reachessurface waters or wetlands
resulting from a storm event more severe than a 25-year, 24-hour storm, it will not be
considered to be in violation of this Permit, as long as the Facility is in compliance with its
CAWMP and this Permit. \[G.S. §143-215.10C\]
2.No discharge of waste shall result in a violation of the water quality standards established for
receiving waters pursuant to Title 15A, Subchapter 2B of the North Carolina Administrative
Code (NCAC) and Title 15A, Subchapter 2L of the NCAC.
3.The facility
must be consistent with all applicable laws, rules, ordinances, and standards (federal, state and
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
local) in effect at the time of siting, design, and certification of the Facility.\[G.S. §143-
215.6A and 15A NCAC 02T .1304(b)\]
4.Any proposed increase or modification to the annual average will require a modification to the
CAWMP and the Permit prior to modificationof the Facility.
5.A violation of this Permit is subject to enforcementaction and may result in the Permittee
taking immediate or long-term corrective action(s) as required by the Division of Water
Resources (Division). \[G.S. §143-215.10CA and 15A NCAC 02T .0110\]
6.Animal waste shall not be applied within:
a.One hundred (100)feet of any well, with the exception of monitoring wells. The
allowable distance to monitoring wells shall be established on a case-by-case basis by
the Division.\[15A NCAC 02T .1304(b)(5)\]
b.Twenty-five (25) feet from a perennial stream or perennial waterbody for swine
animal feeding operations sited or expanded prior to September 30, 1995.\[15A
NCAC 02T .1304(b)(6)\]
c.Fifty (50) feet from any perennial stream or river, other than an irrigation ditch or
canal, for swine animal feeding operations sited after September 30, 1995 and
constructed or expanded before August 27, 1997. \[NC Session Law 1995-420\]
d.Seventy-five (75) feet from any perennial stream or river, other than an irrigation ditch
or canal, for any land application area for swine animal feeding operations that is first
put in use after August 27, 1997. \[G.S. §106-803 and NC Session Law 1997-458\]
e. Two hundred (200) feet from a dwelling not owned by the Permittee at the time
waste was first applied at the land application site.\[15A NCAC 02T .1304(b)(5)\]
II.OPERATION AND MAINTENANCE REQUIREMENTS
1.The collection, treatment, and storage facilities and the land application equipment and fields
shall be properly operated and maintained at all times. \[15A NCAC 02T .1304(b)\]
2.
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. \[15A NCAC 02T .1304(b)\]
3.Soil pH on all land application fields must be maintained in the optimum range for crop
production. \[G.S. §143-215.10C(e)(7)\]
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.
\[G.S. §143-215.10C, and 15A NCAC 02T .1304(b)\]
5.In no case shall land application rates result in excessive ponding or any runoff during any
given application event. \[15A NCAC 02T .1304(b)\]
6.Animal waste shallnot be directly applied onto crops for direct human consumption thatdo
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
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
harvesting of fiber and food crops for direct human consumption that undergoes further
processing.\[15A NCAC 02T .0108(b)\]
7.If manure or sludges are applied on conventionally tilled, bare soil, the waste shall be
incorporated intothe soil within two (2) days after application on the land. This requirement
does not apply to no-till fields, pastures, or fields where crops are actively growing. \[15A
NCAC 02T .1304(b)\]
8.No wastes such as septage, food wastes, greases, pesticides, toxic chemicals, or petroleum
products shall not be disposed of in the animal waste management system. \[15A NCAC 02T
.1304(b)\]
9.Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged
into the animal waste management system. Washdown of stock trailers owned by and used to
transport animals to and from the Facility only will be permissible as long as the system has
been evaluated and approved to accommodate the additional volume. Only those cleaning
agents and soaps that are EPA-approved according to their labels, will not harm the cover
crop, and will not contravene the groundwater standards listed in 15A NCAC 2L may be
utilized in the Facility covered by this Permit. Instruction labels are to be followed when using
cleaning agents and soaps. \[15A NCAC 02T .0108(b) and .1304(b)\]
10.Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste lagoons/storage
ponds to prevent any unnecessary addition to the liquid volume in the structures. \[15A NCAC
02T .1304(b)\]
11.A protective, vegetative cover shall be established and maintained on all earthen
lagoon/storage pond embankments (outside toe of embankment to maximum operating
level/compliance level on embankment interior), berms, pipe runs, and diversions to surface
waters or wetlands. Trees, shrubs, and other woody vegetation shall not be allowed to grow
on the lagoon/storage pond embankments. All trees shall be removed in accordance with good
engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall be
kept mowed. \[15A NCAC 02T .1304(b)\]
12.At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in
accordance with the CAWMP. When removal of sludge from the lagoon is necessary,
provisions must be taken to prevent damage to the lagoon dikes and liner.\[15A NCAC 02T
.1304(b)\]
13.Lagoons/storage ponds shall be kept free of foreign debris including, but not limitedto, tires,
bottles, light bulbs, gloves, syringes or any other solid waste.\[15A NCAC 02T .0108(b)\]
14.The Facility must have at least one of the following items at all times:
1.adequate animal waste application and handling equipment,
2.a lease, or other written agreement, for the use of the necessary equipment, or
3.a contract with a third-party applicator capable of providing adequate waste
application.\[15A NCAC 02T .0108(b)\]
15.No waste shall be applied in wind conditions that might reasonably be expected to cause the
mist to reach surface watersorwetlands, or cross property lines or field boundaries.\[15A
NCAC 02T .0108(c)\]
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
16.The Permittee shall maintain buffer strips or other equivalent practices as specified in the
feedlots, manure storage areas, and land application areas.\[15A
NCAC 02T .1304(b)\]
17.Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application.\[15A NCAC 02T .1304(b)(7)\]
18.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. \[15A NCAC 02T .1304(b)(8)\]
Land application of waste shall cease within twelve (12) hours after the National Weather
Service first issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch/Flash
Flood Watch in advance of an associated tropical system including a hurricane, tropical storm,
or tropical depression for the county in which the permitted facility is located. This
requirement is intended to have all land application of animal waste end approximately
twenty-four (24) hours in advance of the onset of the storm event.
www.weather.gov. More detailed website information can be found on Page 2. Watch and
warning information can also be obtained by calling the local National Weather Service Office
that serves the respective county, which can be found on Page 2.\[15A NCAC 02T .0108(b)\]
19.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). \[G.S. §143-215.10C(e)(6)\]
20.Any major structural repairs to lagoons/storage ponds must have written documentation from
a technical specialist certifying proper design and installation. However, if a piece of
equipment is being replaced with a piece of equipment of the identical specifications, no
technical specialist approval is necessary \[i.e. piping, reels, valves, pumps (if the gallons per
minute (gpm) capacity is not being increased or decreased), etc.\] unless the replacement
involves disturbing the lagoon/storage pond embankment.\[15A NCAC 02T .0108(b)\]
21.Crops for which animal waste is landapplied must be harvested, removed from the land
application site, and properly managed and utilized unless other management practices are
approved in the CAWMP. Hay harvested from land application fields shall be removed within
twenty-four (24) months of cutting unless other management practices are approved in the
CAWMP. \[15A NCAC 02T .0108(b) and .1304(b)\]
22.
vide irrigation water during
drought periods and to provide additional temporary storage for excessive rainfall during the
hurricane season and in preparation for the following winter months. All conditions of NC
NRCS Standard No. 359 must be satisfied prior to lowering lagoon levels below designed stop
pump levels.NC NRCS Standard No. 359 requires the following:
a.
during the period of June 15 through October 31
b.This option shall be limited to lagoons having a minimum of 4 feet of liquid above the
sludge layer. The measurement shall be taken from the stop pump level, at the pump
intake, prior to pumping below the stop pump level.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
c.All applications must be in conformance with the CAWMP developed for the operation,
including adherence to the planned nutrient application rates.
d.From November 1 through June 14, pumping from the lagoon will not be permitted when
the lagoon level is at or below the stop pump elevation.
e.The following information concerning the pump down conditions shall be recorded and
maintained on site:
i.Date the lagoon was first pumped below the stop pump level;
ii.Depth of liquid between the stop pump level and the sludge layer prior to pumping
below the stop pump mark. Measured from the stop pump level near the pump
intake location but off the inside slope of the embankment;
iii.Date pump down was completed; and
iv.Depth of pump down below the stop pump level. Measured weekly until the
lagoon returns to the stop pump level.
\[15A NCAC 02T .1304(b)\]
III.MONITORING AND REPORTING REQUIREMENTS
1.An inspection of the animal waste collection, treatment, and storage structures, and runoff
control measures shall be conducted and documentedat a frequency to insure proper operation
but at least monthly and after all storm events of greater than one (1) inch in 24 hours. For
example, lagoons/storage ponds, and other structures should be inspected for evidence of
erosion, leakage, damage by animals or discharge.\[15A NCAC 02T .1304(b)\]
2.Highly visible waste-level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings.\[15A NCAC
02T .1304(b)(10)\]
3.The waste level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by, or approved by, the Division. \[15A NCAC 02T .0108(c)\]
4.Arepresentative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc,
shall be conducted on each application field receiving animal waste at least every three (3)
years. \[G.S. §143-215.10C(e)(6)\]
5.An analysis of the animal waste shall be conducted in accordance with recommended
laboratory sampling procedures as close to the time of application as practical and at least
within sixty (60) days (before or after) of the date of application. This analysis shall include
the following parameters:\[G.S. §143-215.10C(e)(6)\]
NitrogenZinc
PhosphorusCopper
6.The Permittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates and cropping information. The Permittee shall also record
removal of solids and document nutrient loading rates if disposed on-site or record the off-site
location(s). These records must be on forms supplied by, or approved by, the Division.
\[G.S. §143.215.10C(e)(8)\]
7.If, for any reason, there is a discharge from the animal waste management system (including
the land application sites), to surface waters or wetlands, the Permittee is required to make a
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
notification in accordance with Condition III.11 of this Permit. The discharge notification
shall include the following information:-\[15A NCAC 02T .0108(c)\]
a.Description of thedischarge: 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 duration 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 thesame cause.
e.Analysis of the waste: A copy of the most recent waste analysis conducted as required
by Condition III.5 of this permit.
8.
agreements, the CAWMP, and copies of
CAWMP shall be maintained by the Permittee in chronological and legible form for a
minimum of five(5) 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, milk waste,
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.
Note: For facilities whose permitted records retention requirement prior to coverage under
this Permit was three (3) years, the increased record retention will be phased in during the
first two years of coverage. \[15A NCAC 02T .0108(c)\]
9.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 G.S. §132-1.2 or §143-215.9D and shall be made available to the public by
the Division as specified in Chapter 132 of the NC General Statutes.\[15A NCAC 02T
.0108(c)\]
10.Upon written notification by the Director, the permittee shall undertake additional monitoring
and reporting (including but not limited to groundwater, surface water or wetland, waste,
sludge, soil, lagoon/storage pond levels and plant tissue) necessary to determine the source,
quantity, quality, and effect of such waste upon the surface waters, groundwatersor wetlands.
Such monitoring, including its scope, frequency, duration and any sampling, testing, and
reporting systems, shall meet all applicable Division requirements. Notification shall be made
on a case-by-case basis.\[15A NCAC 02T .0108(c)\]
11.Regional Notification:
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
The Permittee shall report by telephone to the appropriate Division Regional Office as soon
as possible,but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events:-\[15A NCAC 02T .0108(b)\]
a.Any discharge to ditches, surface waters or wetlands.
b.Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V.2 of this Permit.
c.Over applying waste either in excess of the limits set out in the CAWMP or where
runoff enters surface waters or wetlands.
d.Failure of any component of the animal waste management system resulting in a
discharge to surface waters or wetlands.
e.Any failure of the animal waste management system that renders the Facility
incapable of adequately receiving, treating or storing the waste and/or sludge.
f.Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment or human safety or health.
For any emergency, which requires immediate reporting after normal business hours, contact
must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office within
five (5) calendar days following first knowledge of the occurrence. This report shall outline
the actions taken or proposed to be taken to correct the problem and to ensure that the problem
does not recur. In the event of storage capacity violations as described in Condition III.10.b,
the written report shall outline the actions proposed to be taken to restore compliance within
thirty (30) calendar days. The requirement to file a written report may not be waived by the
Division Regional Office. \[15A NCAC 02T .0108(c)\]
12.In the event of a discharge of 1,000 gallons or more of animal 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. \[G.S. §143-
215.10C(h)(1)\]
13.In the event of a discharge of 15,000 gallons or more of animal waste to surface watersor
wetlands, a public notice is required in addition to the press release described in Condition
III.12. 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
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. Theowner or operator shall file a copy of the notice
and proof of publication with the Department of Environmental Quality (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.12.
Permittee must maintain a copy of the press release and the public notice consistent with
Condition III.8.\[G.S. §143-215.10C(h)(2)\]
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
IV.INSPECTIONS AND ENTRY
1.The Permittee is subject to inspections at any time, without announcement, by the Department.
The Permittee shall allow any authorized representative of Department, upon the presentation of
credentials and other documents as may be required by law and in accordance with reasonable and
appropriate biosecurity measures, to:-\[G.S. £143-215.10F\]
a.Enter the Permittee's premises where the regulated Facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b.Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
c.Inspect, at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this Permit; and,
d.Sample or monitor, at reasonable times, for the purpose of assuring permit compliance,
any substances or parameters at any location.
V.GENERAL CONDITIONS
1.The issuance of this Permit shall not relieve the Permittee of the responsibility for compliance with
all applicable surface water, wetlands, groundwater and air quality standards or for damages
to surface waters, wetlands or groundwaters resulting from the animal operation. \[15A
NCAC 02T .0111(c)\]
2.
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed
the level that provides adequate storage to contain a 25-year, 24-hour storm event plus an
additional one (1) foot of structural freeboard,except that there shall be no violation of this
condition if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the
Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural
freeboard. \[15A NCAC 02T .1304(b)\]
3.Any containment basin, such as a lagoon or a storage pond, used for waste management shall
continue to be subject to the conditions and requirements of this Permit until properly closed.
When the containment basin is properly closed in accordance with the NC NRCS
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. \[15A NCAC 02T .1306(a)\]
Closure shall also include a minimum of a 24-hour pre-notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Formto the address
identified on the form within fifteen (15) days of completion of closure. \[15ANCAC 02T
.0108(b)\]
4.Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements,
which are required in the CAWMP, shall constitute grounds for revocation of its COC to
operate under this Permit.\[ 15A NCAC 02T .0110(1)\]
5.This Permit is not transferable. In the event there is a desire for the facility to change
ownership, or there is a name change of the Permittee, a Notification of Change of Ownership
form must be submitted to the Division, including documentation from the parties involved
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
and other supporting materials as may be appropriate. This request shall be submitted within
sixty (60) days of change of ownership. The request will be considered on its merits and may
or may not be approved.\[G.S. §143-215.10Cand 15A NCAC 02T .1304(c)\]
6.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.\[15ANCAC 02T .0110\]
7.If the Permittee wishes to continue an activity regulated by this Permit after the expiration date of
this Permit, the Permittee must apply for and obtain a new COC. Renewal applications must
be filed at least 180 calendar days prior to the expiration of the Permit. \[15A NCAC
02T .0109\]
8.The Groundwater Compliance Boundary is established by 15A NCAC 2L .0102 and 15A NCAC
02T .0103. Exceeding Groundwater Quality Standards at or beyond the Compliance Boundary
is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty
provisions applicable under the North Carolina General Statutes.
9.Upon abandonment or depopulation for a period of five (5) years or more, the Permittee must
satisfy all the follow prior to restocking the facility:
a.The Permittee must notify the Division in writing at least 60 days prior to bringing any
animals back onto the site;
b.The facility has not been abandoned or depopulate for more than ten (10) years;
c.At the time the system ceased operation, the animal operation was in compliance with an
individual or a general permit issued pursuant to G.S. §143-215.10C;
d.The facility has maintained coverage under an individual permit or a COC under a general
permit;
e.The Division issues an individual permit or a COC under a general permit issued pursuant
to G.S. §143-215.10C for the animal operations before any animals are brought on the
facility;
f.The permit for the animal waste management system does not allow the production,
measured by steady state live weight (SSLW), to exceed the greatest SSLW previously
permitted under G.S. §143-215.10C;
g.No component of the animal waste management system, other than existing swine barns
or land application sites shall be constructedwithin the 100-year floodplain; and
h.The inactive animal waste management system was not closed using the expenditure of
public funds and was not closed pursuant to a settlement agreement, court order, cost share
agreement, or grant condition.
Any facilitythat does not meet the criteria above is a new swine animal waste management
system.\[15A NCAC 02T .1302(5)\]
VI.PENALTIES
1.Failure to abide by the conditions and limitations contained in this Permit; the Facility's
CAWMP; and/or applicable state law;may subject the Permittee to an enforcement action by
the Division including but not limited to the modification of the animal waste management
system, civil penalties, criminal penalties, and injunctive relief.\[15A NCAC 02T .0110\]
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129
2.The Permittee must comply with all conditions of this Permit. Any Permit noncompliance
constitutes a violation of state law and is grounds for enforcement action; for Permit coverage
termination, revocation and reissuance, or modification; or denial of Permit coverage renewal
application.\[15A NCAC 02T .0110\]
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.\[15A NCAC 02T .0108(b)\]
th
This Permit issued the 10of August2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
____________________________________________
forRichard E. Rogers, JR, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI490048
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129