960067_Permit (Modification)_20200617

DocuSign Envelope ID: C1466B5A-210B-429A-81F5-09985D5CB9E7
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
B & B Partnership
White Oak Farms
604 Benton Pond Rd
Fremont, NC 27830
Dear B & B Partnership:
NORTH CAROLINA
Environmental Quality
June 17, 2020
Subject: Modification to Permit No. AWI960067
White Oak Farms
Innovative Animal Waste Management System
Wayne County
In accordance with your permit modification request received March 25, 2020 and additional information received
on May 7, 2020 and May 11, 2020, we are forwarding herewith Permit No. AWI960067 issued to B & B Partnership,
authorizing the construction and continued operation of an Innovative Animal Waste Collection, Treatment, Storage,
and Land Application System (Innovative System) for the White Oak Farms, located in Wayne County.
This approval shall consist of the phased construction and continued operation of a thermophilic digester system.
The Innovative System shall serve as the treatment system for the entire animal waste stream for the 5,550 Farrow
to Wean and 60,000 Wean to Finish swine operation. This approval constitutes an expansion of a swine operation
and is subject to G.S. 143-215.10I. Any increase in flow or increase in stocked animals above the listed values in
this Permit will require a modification to this Permit and shall be completed prior to actual increase in either flow
or number of animals.
This approval shall allow the introduction of edible meat waste and animal mortalities into the Innovative System
subject to special operational, maintenance, and recordkeeping requirements contained in this Permit. Failure to
comply with these requirements may result in the immediate halt in use of these offsite digester feedstocks.
Permit shall be effective from the date of issuance until October 31, 2022 and replaces Permit number AWI960067
issued on November 20, 2017. The Permit shall be subject to the conditions and limitations as specified therein.
Please pay particular attention to the record keeping and monitoring requirements in this permit. Failure to establish
an adequate system for collecting and maintaining the required operational information will result in future
compliance problems.
Expansion of the Facility approval is based upon phased implementation.
Phase 1 allows for the construction of the Innovative Animal Waste Treatment system
including the two tank digesters, methane harvest system, generator, and gas flare as
described on page 5 of this Permit as well as the construction of animal housing barns at the
Legacy #3 Site (Youst Farm).
During Phase 1, up to 15,000 Wean to Finish animals (of the 60,000 total) may be populated
in addition to the existing 5,550 Farrow to Wean. The addition of these Wean to Finish
animals may occur once the digester treatment system construction has been completed (see
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707.9000

DocuSign Envelope ID: C1466B5A-210B-429A-81F5-09985D5CB9E7
Condition L11.) Additionally, animal mortality and offsite wastes may be introduced into the
Innovative System subject to the conditions contained in this Permit.
Phase 2 consists of construction of animal housing barns at the Legacy #4 Site (New Farm),
the addition of the final 45,000 Wean to Finish animals, and the introduction of mortality to
the digester system.
• The approval of construction of these barns are contingent upon the submission of
documentation demonstrating compliance with all Siting Act requirements. The
Division will review the documentation and provide written construction approval
based upon Siting Act compliance.
• The addition of the final 45,000 Wean to Finish animal is contingent upon 12 months
of operational data demonstrating that sufficient storage capacity exists with the
current basins while providing adequate nitrification/denitrification treatment to
reduce ammonia emissions. Upon evaluation of the data, the Division will determine
if additional final storage is required before the population of Phase 2 animals.
• The addition of mortality to the digester system requires approval by the NCDA&CS
Veterinary Division and modification of this Permit.
Documentation demonstrating land ownership must be submitted to the Division of Water Resources prior to
construction of facilities on land not currently owned by the permittee.
You are subject to the conditions of this Permit until the closure of all waste storage basins and the rescission of
this Permit. You must submit a letter to the Division of Water Resources to request rescission of the Permit by
providing documentation of closure of all containment basins.
If any parts, requirements, or limitations contained in this Permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such
demands are made, this Permit shall be final and binding.
If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of
future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a
new WUP developed.
Be advised that any permits for the generator at this facility will be issued separately by the Division of Air Quality
and are not covered by this Permit. Per 15A NCAC 02D Section .1800, compliance with respect to odor shall be
determined at the property boundary. The Division of Air Quality will address compliance deadlines with respect
to odor regulatory requirements and implementation of Best Management Plan for odor.
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.
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.
Permit No. AWI960067
2 June 17, 2020

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This facility is located in a county covered by our Washington Regional Office. The Water Quality Regional
Operations Staff in that office may be reached at [phone]. If you need additional information concerning
this Permit, please contact the Animal Feeding Operations Unit staff at [phone].
Sincerely,
DocuSigned by:
L!-
E3415E2C05B24CD...
for S. Daniel Smith
Director, Division of Water Resources
cc: Wayne County Health Department
Wayne County Soil and Water Conservation District
Washington Regional Office, WQROS
Michael Neault, NCDA&CS-Veterinary Division
Gary Saunders, Division of Air Quality
Bob Hoffland, Hoffland Renewable Technologies, 10391 Silver Springs Rd, Conroe, TX 77303
Art Barnhardt — electronic copy
Central Files (Permit File AWI960067)
Permit No. AWI960067
3 June 17, 2020

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THIS PAGE IS INTENTIONALLY LEFT BLANK
Permit No. AWI960067
4 June 17, 2020

DocuSign Envelope ID: C1466B5A-210B-429A-81F5-09985D5CB9E7
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
B & B Partnership
Wayne County
FOR THE
construction and continued operation of an Innovative Animal Waste Management System (Innovative System)
consisting of a 582,000 gallon mesophilic tank digester; a 970,000 gallon mesophilic tank digester; methane
harvesting system; generator; gas flare; an existing 8,745,235 gallon covered anaerobic earthen -lined digester with
methane harvesting system; an existing 2,705,210 gallon earthen -lined basin for nitrification/denitrification; an
existing 2,213,354 gallon earthen -lined basin for treated effluent storage; a groundwater monitoring well
downgradient of existing earthen structures; and all necessary pipes, pumps, mixers, alarms, controls, and
appurtenances to serve 5,550 Farrow to Wean and 60,000 Wean to Finish swine, with no discharge of wastes to
surface waters, in conformity with the project plans, specifications, and other supporting data subsequently filed
and approved by the Department of Environmental Quality (DEQ) and considered to be a part of this Permit.
The Innovative System will replace the use of lagoons as the primary waste treatment system at this Facility. Bypass
of the Innovative System is prohibited; all wastes shall be treated by the Innovative System. The existing lagoon
structures shall be properly maintained.
Please be advised that any permits for the generator at this facility will be issued separately by the Division of Air
Quality.
This Permit shall be effective from the date of issuance until October 31, 2022 and shall be subject to the following
specified conditions and limitations.
Permit No. AWI960067
5 June 17, 2020

DocuSign Envelope ID: C1466B5A-210B-429A-81F5-09985D5CB9E7
I. PERFORMANCE STANDARDS
1. The animal waste collection, treatment, storage and land application system permitted under this
Permit shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants to surface waters, wetlands, or ditches. Waste shall not reach surface waters
or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge, or through
ditches, terraces, or grassed waterways not otherwise classified as state waters.
Application of waste to terraces and grassed waterways is acceptable as long as it is applied in
accordance with Natural Resources Conservation Service (NRCS) Standards and does not result in
a discharge of waste to surface waters or wetlands.
Facilities must be designed, constructed, operated, and maintained to contain all waste plus runoff
from a 25-year, 24-hour rainfall event for the location of the facility. If the Permittee is in
compliance with this Permit and the facility's Certified Animal Waste Management Plan
(CAWMP), and unintentionally discharges as a result of a storm event greater than the 25-year, 24-
hour storm, the Facility will not be considered to be in violation of this Permit. — [G.S. §143-
215.IOC]
2. This Permit does not allow the Permittee to cause a violation of any of the water quality standards
established pursuant to Title 15A, Subchapter 2B of the North Carolina Administrative Code and
Title 15A, Subchapter 2L of the North Carolina Administrative Code.
3. The facility's CAWMP, Operation and Maintenance Plan, and Monitoring Plan are hereby
incorporated by reference into this Permit. The above referenced plans must be consistent with all
applicable laws, rules, ordinances, and standards (federal, state and local) in effect at the time of
siting, design and certification of the facility. — [G.S. §143-215.6A and 15A NCAC 02T .1304(b)]
4. The Permittee must assess and record, on an ongoing basis, the effectiveness of the implementation
of the CAWMP. The Permittee must make "major changes," "revisions," or "amendments" to the
CAWMP, as defined in Section VIII, "Definitions," of this Permit, in order to address any changes
needed to maintain compliance this Permit.
"Major changes," "revisions," and "amendments" to the CAWMP must be documented, signed,
and dated by the Permittee and a technical specialist, and included as part of the CAWMP. "Major
changes" require recertification of the CAWMP by a technical specialist or other appropriate
professional. The new CAWMP and the recertification shall be submitted with a request that the
COC be amended to reflect the changes. The facility may not make the changes until approved by
the Division and a new or amended COC has been issued.
"Revisions" and "amendments" must adhere to the current applicable standard; recertification is
not required. "Revisions" and "amendments" must be submitted to the Division's Central Office
within thirty (30) calendar days. A CAWMP must be revised if the operation cannot utilize all
Nitrogen generated by the animal production in accordance with the existing CAWMP. If field,
riser or pull numbers are changed, an explanation shall also be submitted and include an updated
irrigation map with a description of how the new numbers relate to the old numbers. — [G.S. §143-
215.10C, 15A NCAC 02T .0108(b) and .1304(b)J
Permit No. AWI960067
6 June 17, 2020

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5. Any violation of the CAWMP, the Operation and Maintenance Plan, or the Monitoring Plan shall
be considered a violation of this Permit and subject to enforcement actions. A violation of this
Permit may result in the Permittee having to take immediate or long-term corrective action(s) as
required by the Division. These actions may include but are not limited to: modifying the CAWMP;
ceasing land application of waste; removing animals from the facility; or the Permit being reopened
and modified, revoked and reissued, and/or terminated. These actions may include but are not
limited to: ceasing use of the Innovative System, modifying operation of the Innovative System,
modifying the CAWMP, ceasing land application of waste, or removing animals from the Facility.
— [G.S. §143-215.6A and 15A NCAC 02T . 0110]
6. This Facility may not be expanded above the capacity shown in this Permit until a new permit
reflecting the expansion has been issued. Any proposed increase or modification to the annual
average design capacity from that authorized by this Permit will require a modification to the
CAWMP and the Permit prior to modification of the facility. All new and expanding operations
must demonstrate that waste management system will satisfy the requirements of G.S. §143-
215.10. I.
7. No collection, treatment or storage facilities may be constructed in a 100-year flood plain. — [G.S.
§106-803(a2)J
8. NC General Statute §143-215.10I requires the Facility covered by this Permit satisfy the
performance criteria as prescribed in 15A NCAC 02T .1307-.1309 and 15A NCAC 02D .1808.
a. Facility must substantially reduce ammonia emissions.
i. The combined ammonia emissions from swine waste treatment and storage structures
may not exceed an annual average of 0.2 kg NH3-N/week/1,000 kg of steady state live
weight (SSLW) which is 375 kg NH3-N/week for this facility in Phase 1 and 844 kg
NH3-N/week for this facility in Phase 2.
ii. Ammonia emissions from land application sites shall not exceed an annual average of
0.2 kg NH3-N/week/1,000 kg of SSLW which is 375 kg NH3-N/week for this facility
in Phase 1 and 844 kg NH3-N/week for this facility in Phase 2.
iii. Total ammonia emissions from the swine farm must not exceed an annual average of
0.9 kg NH3-N/week/1,000 kg of SSLW which is 1685 kg NH3-N/week for this facility
in Phase 1 and 3798 kg NH3-N/week for this facility in Phase 2.
b. Compliance and monitoring with respect to odor intensity levels at the property boundary shall
be evaluated at both upwind and downwind locations of each treatment and animal housing
site using one of the following:
i. Use an Odor Intensity Referencing Scale (OIRS) as specified in ASTM 544-99. All
instantaneous observed levels shall be less than the equivalent of 225 parts per million
n-butanol. The average of 30 consecutive observations conducted over a minimum of
30 minutes shall be less than the equivalent of 75 parts per million n-butanol with a
minimum of four (4) observations of the 30 less than or equal to the equivalent of 25
parts per million n-butanol.
ii. Use a field olfactometry method and instrumentation. The measured dilution -to -
threshold ratio shall be less than or equal to 7:1 as determined using the manufacturer's
instrument procedures and instructions.
Permit No. AWI960067
7 June 17, 2020

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c. Facility must substantially eliminate the release of disease -transmitting vectors and airborne
pathogens by meeting the following:
i. Fecal coliform concentrations in the final liquid effluent shall not exceed an annual
average of 7,000 Most Probable Number/100 mL.
ii. Separated solids and biological residuals that are to be land applied on -site shall meet
the vector attraction reduction requirements in 15A NCAC 02T .1107.
iii. The system shall meet the pathogen reduction requirements in 15A NCAC 02T .1106
for Class A biosolids that are to be land applied on -site pursuant to .1106(a)(1) or for
Class B biosolids that are to be otherwise land applied.
9. The Permittee shall conduct an evaluation of the facility and its CAWMP to determine the facility's
ability to comply with the NRCS nutrient management standard as it relates to phosphorous within
six (6) months of issuance of this Permit. The evaluation must be documented on forms supplied
by or approved by the Division and must be submitted to the Division. The Permittee may submit
documentation from a previous evaluation if performed within five (5) years of the issuance of this
Permit. — [15A NCAC 02T .0108(c)]
All fields with a "HIGH" phosphorous -loss assessment rating shall have land application rates that
do not exceed the established crop removal rate for phosphorous. There shall be no waste
application on fields with a "VERY HIGH" phosphorous -loss assessment rating.
10. A copy of this Permit, the WUP(s), approved design documents, as -built plans and specifications,
operation and maintenance plan, monitoring plan, and all certification forms shall be readily
available at the Facility (stored at places such as the farm residence, office, outbuildings, etc.) where
animal waste management activities are being conducted until official closure is complete for all
structures and all related permits are rescinded. These documents shall be kept in good condition
and records shall be maintained in an orderly fashion. — [15A NCAC 02T .0108(c)]
11. Upon completion of construction and prior to operation of the Innovative System, as -built plans
including site map with setbacks; specifications; an updated process flow diagram; a detailed
Monitoring Plan; and the certification, signed and sealed by a Professional Engineer, must be
submitted certifying that the permitted Facility has been installed in accordance with this Permit,
and best engineering practices. Mail the attached Engineer's Certification form to the Animal
Feeding Operations Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. — [15A NCAC 02T
.0116]
12. The Washington Regional Office, telephone [phone], shall be notified at least forty-eight
(48) hours in advance of operation of the installed/modified Innovative System so that an in -place
inspection can be made. Such notification to the Regional Supervisor shall be made during the
normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State
Holidays. — [15A NCAC 02T .0108(c)]
13. The Innovative System including the spray irrigation system shall be effectively maintained and
operated at all times so that there is no discharge to surface waters or any contamination of ground
waters, which will render them unsatisfactory for normal use. In the event that the Innovative
System fails to perform satisfactorily, including the creation of nuisance conditions or failure of
the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate
corrective actions including those actions that may be required by the Division. — [G.S. §143-
215.IOC]
Permit No. AWI960067
8 June 17, 2020

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14. The following buffers shall be maintained when constructing the Innovative System:
a. 100 feet of any well except for 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)1
b. 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)1
c. 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 1995-4201
d. 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 1997-4581
e. 200 feet from a dwelling not owned by the Permittee at the time waste was first applied at the
land application site. — [15,4 NCAC 02T .1304(b)(5)1
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The collection, treatment, and storage units and the land application equipment and fields shall be
properly operated and maintained at all times. — [15A NCAC 02T .1304(b)]
2. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application
fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not
included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization.
However, if the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting
or breaking dormancy. — [15A NCAC 02T .1304(b)]
3. Soil pH on all land application fields must be maintained in the optimum range for crop production.
—[15ANCAC 02T.1304(b)]
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. If waste samples
show that additional land will be necessary for application of nitrogen at agronomic rates, the
Permittee will take immediate action. This action may include, but may not be limited to, one of
the following: a) preparing additional land at the site for land application wastewater or solids, b)
acquiring leased land agreements for land application of wastewater or solids, or c) decrease the
animal population to that which creates a balance between nutrients produced and utilization on the
existing land application and crops, or d) any other method approved by the Division. — [G.S. §143-
215.IOC, and 15A NCAC 02T .1304(b)]
The WUP shall be modified as needed, based on performance of the Innovative System. If
performance is not as predicted, immediate measures such as those listed above shall be taken.
5. 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)1
6. In no case shall land application rates result in excessive ponding or any runoff during any given
application event. — [15A NCAC 02T .1304(b)]
Permit No. AWI960067
9 June 17, 2020

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7. No waste shall be applied in wind conditions that might reasonably be expected to cause the mist
to reach surface waters or wetlands or cross property lines or field boundaries. — [15A NCAC 02T
.0108(b)]
8. Animal waste shall not be directly applied onto crops for direct human consumption that do not
undergo further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) at any time
during the growing season, or in the case of fruit bearing trees, following breaking dormancy.
Application of animal wastes shall not occur within thirty (30) days of the harvesting of fiber and
food crops for direct human consumption that undergoes further processing. — [15A NCAC 02T
.0108(b)]
9. All treatment units shall be kept free of foreign debris including, but not limited to, tires, bottles,
light bulbs, gloves, syringes or any other solid waste. — [15A NCAC 02T .0108(b)]
10. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into
the animal waste collection, treatment, and storage and application system. Washdown of stock
trailers owned by and used to transport animals to and from this Facility only will be permissible
as long as the system can accommodate the additional volume. Only those cleaning agents and
soaps that are EPA approved according to their label, will not harm the cover crop, and will not
contravene the groundwater standards listed in 15A NCAC 2L may be utilized in facilities covered
by this Permit. Instruction labels are to be followed when using cleaning agents and soaps. — [15A
NCAC 02T . 0108(b) and .1304(b)J
11. Disposal of dead animals shall be done in accordance with the facility's CAWMP and the North
Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's
Statutes and regulations.
Disposal of dead animals must occur within twenty-four (24) hours after knowledge of the death in
a manner approved by the State Veterinarian. Proposed methods for disposal of mortality that
extends beyond twenty-four (24) hours must be approved by the State Veterinarian. Burial is not
recommended for disposal of dead animals. Mortality management plans that utilize burial must
include maps showing existing and plarmed burial locations with setbacks from surface waters,
wells, and property lines. The Division may require groundwater monitoring for mortality burial
sites.
For animal carcass disposal that addresses catastrophic mortality (as defined by NCDA&CS
Veterinary Division), mortality numbers that exceed the capacity of the primary mortality
management method, or when the primary/normal mortality management method is unable to be
used, the facility shall:
a. Report the loss to the NCDA&CS Veterinary Division within 24-hours of the mortality event.
b. If burial is the disposal method, then also:
i. consult with the Division and NCDA&CS Veterinary Division prior to burial;
ii. map the burial sites, showing burial locations and setbacks from surface waters, wells,
and property lines;
iii. record the dates and numbers of the animals buried by species and type; and
iv. submit the map and burial records within fifteen (15) calendar days of burial to the Water
Quality Regional Operations Section within the appropriate Regional Office.
[G.S. §143-215.10C(e)(3) and §106-403J
Permit No. AWI960067
10 June 17, 2020

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In the event of a state of emergency declared by the Governor, disposal of dead animals shall be
done in accordance with the guidelines issued by the State Veterinarian. — [G.S. 0106-402.11
12. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding
property and buildings shall be diverted away from the animal waste system, including but not
limited to lagoons, storage ponds, sludge treatment or containment areas, and/or open storage
structures to prevent any unnecessary addition to the liquid volume in the structures. — [15A NCAC
02T .1304(b)1
13. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control
areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed
to grow on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept
mowed or otherwise controlled and accessible. — [15A NCAC 02T .1304(b)]
14. The solids, residuals, or sludges generated from this Facility must be disposed in accordance with
G.S. § 143-215.1 and in a manner approved by Condition I.8.c of this Permit. When removal of
sludge from the treatment units is necessary, provisions must be taken to prevent damage to any
dikes and liners.
The current system design does not address treatment of solids, residuals, or sludges to the above
referenced requirements; therefore, these materials must be transported to an offsite treatment
facility unless or until a Permit modification is submitted and approved.
If solids, residuals, or sludges accumulate faster than predicted, and it is determined that designed
treatment, storage and disposal methods are insufficient, the Permittee will immediately deactivate
the Innovative System, ceasing the generation of solids, until adequate solids storage and/or removal
can be designed, approved, and constructed. — [15A NCAC 02T .1304(b)]
15. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated
into the soil within two (2) days after application on the land, or prior to the next rainfall event,
whichever occurs first. This requirement does not apply to no -till fields, pastures, or fields where
crops are actively growing. — [15A NCAC 02T .0108(b)]
16. The facility must have at least one of the following items at all times:
a. adequate animal waste application and handling equipment;
b. a lease, or other written agreement, for the use of the necessary equipment; or
c. a contract with a third party applicator capable of providing adequate waste application.
[15A NCAC 02T .0108(b)]
17. The Permittee shall designate a certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system. The waste management
system shall be operated by the Operator in Charge (OIC) or a person under the OIC 's supervision.
— [G.S. 090A-47.21
Permit No. AWI960067
11 June 17, 2020

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18. In accordance with 15A NCAC 8F .0203(b)(2), the OIC or a designated back-up OIC of a Type A
Animal Waste Management System shall inspect, or a person under the supervision of an OIC or
designated back-up OIC shall inspect, the land application site as often as necessary to insure that
the animal waste is land applied in accordance with the CAWMP. In no case shall the time between
inspections be more than 120 minutes during the application of waste. A record of each inspection
shall be recorded on forms supplied by, or approved by, the Division and shall include the date,
time, application field number and name of the operator for each inspection.
Inspection shall include but not be limited to visual observation of application equipment, spray
fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. — [15A
NCAC 8F .0203(b) and 15,4 NCAC 02T . 0108(c)J
19. Upon notification by the Division, the permittee shall install and operate flow meters with flow
totalizers based on the facility's violations and/or incomplete or incorrect record keeping events. —
[15A NCAC 02T .0108(c)]
20. The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's
CAWMP near feedlots, manure storage areas and land application areas. — [15A NCAC 02T
.1304(b)]
21. 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)J
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.
Watches and warnings for Wayne County are posted on the National Weather Service's website
located at: www.erh.noaa.gov/er/rah/. Watch and warning information can also be obtained by
calling the Raleigh, NC National Weather Service Office that serves Wayne County at (919) 515-
8209.
22. The Permittee shall install, operate and maintain devices on all irrigation pumps/equipment
designed to automatically stop irrigation activities during precipitation; or commit to provide for
the presence of the OIC, a designated backup OIC, or a person under the supervision of an OIC or
designated Back-up OIC at all times during the land application of waste so that in case of a
precipitation event, the irrigation activities will be stopped immediately. This commitment must
be submitted in writing to the Division on a form supplied by, or approved by, the Division. — [G.S.
§90A-47]
Installation of devices or submission of alternate documentation shall be completed within 12
months of the issuance of the COC for this Permit. The Permittee shall maintain such devices
according to the manufacturer's instructions and warranties. This Condition does not apply to
manure spreaders or other equipment pulled by manned vehicles. — [15A NCAC 02T . 0108(b)]
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23. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test
Index for Copper of greater than 3,000 or Zinc of greater than 3,000. — [G.S. §143-215.10C(e)(6)J.
24. All waste application equipment must be tested and calibrated at least once every two years. The
results must be documented on forms provided by, or approved by, the Division. — [15A NCAC
02T .1304(b)(9)J
25. Any major structural repairs to treatment basins, digester, or lagoons/storage ponds must have
written documentation from a Professional Engineer certifying proper design and installation.
However, if a piece of equipment is being replaced with a piece of equipment of the identical
specifications, no engineer's 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 structure's embankment or liner. — [15A NCAC 02T .0108(b)]
26. Crops for which animal waste is land applied 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)]
27. In the case of interruption or failure of the Innovative System, the Permittee will follow the
Emergency Action Plan (EAP) as submitted. — [G.S. §143-215.10C]
28. Permittee shall install and maintain approved odor control practices as required by the Division of
Air Quality. — [G.S. §143-215.10I].
III. OFF -SITE WASTES AND MORTALITY FEEDSTOCKS
1. Items prohibited from disposal in the Innovative System or other components of the animal waste
collection, treatment, storage, or application systems include but are not limited to human septage,
pesticides, toxic chemicals, and petroleum products.
2. No material other than the following shall be disposed of in the Innovative System or other
components of the animal waste collection, treatment, storage, or application systems. — [15A
NCAC 02T . 0108(b)]
a. animal wastes of the type generated on this facility;
b. up to 20,000 pounds/day of food waste (edible meat waste from Smithfield's Kinston
plant); and
c. up to 105 tons/day of swine animal mortality.
3. All off -site wastes and mortality must be introduced into the Innovative System the day it is
received. Best management practices (BMPs) shall be implemented to meet the odor and vector
control requirements in Condition I.B. — [15A NCAC 02T . 0108(b)]
4. Processing to reduce dead animals prior to introduction into the anaerobic digester to a particle size
of 2" or less is required. — [15A NCAC 02T .0108(b)J
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5. Only mortality from normal production of livestock and herd management are allowed. This
includes mortality from natural disasters, herd reduction, and unexpected mortality (e.g. losses due
to ventilation failure.) — [15A NCAC 02T . 0108(b)]
6. Mortality related to a foreign animal disease (FAD) such as African Swine Fever is only allowed
under the direction of and with permitting from the NCDA&CS State Veterinary Division.
Permittee must submit a continuity of business plan to the State Veterinarian and DWR within 60
days to ensure operation in the event of a FAD. — [15A NCAC 02T . 0108(b)]
7. Maintain records of all off -site wastes received. Records must include date, source, type of waste
and volume received. Records must be maintained for five (5) years to conform with Condition
IV.17. — [15A NCAC 02T .0108(c)]
Any abnormally high levels of animal mortality must be reported within 48 hours to NCDA&CS,
Veterinary Division (919-733-7601) and to the DWR Regional Office. — [15A NCAC 02T .0108(b)]
8. Dead animals must be transported in leak -proof vehicles in a biosecure manner Transportation of
dead animals shall be done in accordance with NCDA&CS Veterinary Division's Statutes and
regulations.
9. End product(s) from the anaerobic digester must be land applied in accordance with the CAWMP.
— [G.S. §143-215.10C, 15A NCAC 02T .0108(b) and .1304(b)J
10. Six samples of digestate taken no less than five days apart will be tested for Fecal Coliforms once
the digester has reached steady state operation using manure feedstock only; an average of these
values will comprise a baseline level for effluent digestate without mortality feedstock. — [15A
NCAC 02T . 0108(c)]
Once mortality feed stocks are added to the digester and the digester has again reached steady state,
the effluent will be sampled quarterly as required by Condition IV.5. Compliance will be measured
against the baseline values for fecal Coliforms not to exceed 20% levels established prior to
addition of the mortality feed stocks.
11. Six (6) months after mortality feed stocks are added to the digester and the digester has again
reached steady state, the nutrient content and volume in the effluent from the Innovative System
must reviewed and the CAWMP revised, if needed, to reflect actual nutrient load based — [G.S.
§143-215.10C, 15A NCAC 02T . 0108(b) and .1304(b)J
12. If the anaerobic digester fails in any operational area, the Veterinary Division of NCDA&CS as
well as the DWR Regional Office must be notified within 24 hours and any/all use of the facility
for disposing of animal mortality must immediately cease. — [15A NCAC 02T . 0108(c)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. Adequate records shall be maintained by the Permittee to track the amount of sludge/separated
solids that is disposed. These records shall include, but are not necessarily limited to the volume
of sludge/separated solids generated and dates and amounts of sludge/separated solids removed
from the site. — [15A NCAC 02T . 0108(c)]
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2. The Permittee or a Designee shall inspect the entire Innovative System waste collection, treatment,
and storage structures and runoff control measures at a frequency to insure proper operation but at
least monthly and after all storm events of greater than one (1) inch in 24 hours. The Permittee
shall keep an inspection log or summary including at least the date and time of inspection,
observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This
log of inspections shall be for a period of five (5) years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority. — [15A NCAC 02T
.1304(b)]
3. The Permittee or a designee shall keep a log of all operational changes made to the Innovative
System including at least the process parameter that was changed, the date and time of the change,
the reason for the change, and all observations made both at the time of the change and subsequently
as a result of the change. — [15A NCAC 02T .0108(c)]
4. A representative Standard Soil Fertility Analysis shall be conducted at least once every three years
on each application site receiving animal waste. The results of these tests shall be maintained on
file by the Permittee for a minimum of five (5) years and shall be made available to the Division
upon request. — [G.S. §143-215.10C(e)(6)J
5. After submission of the Engineer's Certification as required in Condition I.11, the Permittee shall
conduct waste water analysis for the parameters and at the frequencies listed below. Quarterly tests
shall be conducted once within each of the following windows with at least sixty (60) days between
any two sampling events: Quarter 1: Jan -March; Quarter 2: April -June; Quarter 3: July -Sept;
Quarter 4: Oct -Dec.
Parameter
Influent to Digester
Influent to Final Storage
Flow (gpd)*
Daily
Daily
Total N
Quarterly
Quarterly
NH3-N
Quarterly
Quarterly
NO3-N/ NO2-N
Quarterly
Quarterly
Total P
Quarterly
Quarterly
% Total Solids
Quarterly
Quarterly
Copper
Quarterly
Quarterly
Zinc
Quarterly
Quarterly
pH
Quarterly
Quarterly
Pathogens
Quarterly
*The use of a flow totalizer is permissible.
Permit No. AWI960067
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Sludge/separated solids shall be sampled at time of removal from digester. The solids shall be
analyzed for the following parameters:
Total nitrogen or TKN
Ammonia nitrogen (NH3-N)
Copper
pH
Nitrate/Nitrate nitrogen (NO3-N/ NO2-N)
Total phosphorous
Zinc
Fecal coliform bacteria
In addition, the volume of solids removed shall be recorded.
Ammonia emission compliance may be demonstrated through a reported nitrogen mass balance or
another analysis approved by the Division. As a minimum, compliance with the ammonia emission
standard shall be documented by the sampling schedule in the following table.
Ammonia air emissions from open-air structures and barns shall be directly sampled quarterly.
Parameter
Influent to Nitrification /
Denitrif cation Basin
Influent to Final Storage
Flow (gpd)*
Quarterly
Quarterly
Total N
Quarterly
Quarterly
NH3-N
Quarterly
Quarterly
NO3-N/ NO2-N
Quarterly
Quarterly
*The use of a flow totalizer is permissible.
If after two years of compliance monitoring and reporting, the treatment system is compliant with
15A NCAC 02T .1307, then the Permittee may request to either continue the above quarterly liquid
sampling for ammonia or directly sample ammonia air emissions from all open-air structures
annually, with alternating sampling during the summer and winter seasons. — [15A NCAC 02T
.1307]
6. After submission of the Engineer's Certification as required in Condition I.11, the Permittee shall
monitor for odor compliance quarterly at both upwind and downwind locations on the property
boundary for each treatment and animal housing site. The Permittee shall document monitoring
locations on a site map, indicating prevailing wind direction, for each monitoring event.
Compliance monitoring for odor shall be performed in accordance with Condition I. 8.b of this
Permit. Results of monitoring shall be documented and included in the quarterly report
corresponding to the sampling date. — [15A NCAC 02D .1808]
If, after two years of compliance monitoring and reporting the treatment system is compliant with
15A NCAC 02T .1307, the Permittee may request to reduce odor compliance monitoring to an
annual basis, with alternating years having sampling during the summer and winter seasons.
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Monitoring requirements with respect to odor shall also be subject to any permit(s) issued by the
Division of Air Quality. — [15A NCAC 02D]
7. All records, including operation, maintenance, and repair records, shall be maintained on site and
in chronological and legible form for a minimum of five (5) years by the Permittee. These records
shall be maintained on forms provided by or approved by the Division and shall be readily available
for inspection. — [15A NCAC 02T . 0108(c)]
8. A comprehensive report shall be submitted to the Division every six months after initial start-up of
the Innovative System. Reports for January 1 — June 30 are due by July 31, and Reports for July 1
— December 31 are due by January 31. The report shall consist of all records, logs, and reports as
required in Permit Conditions III.1 through 111.7. The report shall be submitted to the Animal
Feeding Operations Program, 1636 Mail Service Center, Raleigh, NC 27699-1636 and to the Water
Quality Regional Operations Supervisor, Washington Regional Office, 585 Waughtown St.,
Washington, NC 27107-2241. Upon prior approval, reports may be submitted electronically. —
[15A NCAC 02T .0108(c)]
9. Monitoring and Recording Freeboard Levels:
a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
storage pond that does not gravity feed through a free -flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. — [15A
NCAC 02T.1304(b)(10)J
A gauge shall also be placed in the aerobic treatment basin as stated in the Monitoring Plan.
— [15A NCAC 02T . 0108(c)]
The waste level in each structure with a waste level gauge shall be monitored and recorded
weekly on forms supplied by or approved by the Division. — [15A NCAC 02T .0108(c)]
The Director may require more frequent monitoring and recording of waste levels based
on the facility's compliance history for freeboard violations. — [15A NCAC 02T .0108(c)]
b. All waste -level gauges must be certified, at least once every five (5) years, that it complies
with the structure design and CAWMP, is representative of the low point of the lagoon
embankment, and accurate to within 1/10 of a foot. Certification must be recorded on
forms provided or approved by the Division. — [15A NCAC 02T .0108(b)]
c. Freeboard violations in any two consecutive years following the issuance of this Permit, or
as determined necessary by the Director, shall monitor and record waste levels as follows:
In addition to the facility's existing lagoon waste -level gauges, automated lagoon/storage
pond waste -level monitors and recorders (monitored and recorded at least hourly) must be
installed on all treatment and storage structures covered by a COC issued under this Permit
to measure and record freeboard. This equipment must be properly maintained and
calibrated in a manner consistent with manufacturer's operation and maintenance
recommendations. This automated equipment must be in place no later than ninety (90)
days following notification from the Director. The Director may determine that installation
of automated waste level monitors is not required if the Permittee can demonstrate that
preventative measures were taken to avoid the violations and that the violations resulted
from conditions beyond the Permittee's control.
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If an automated level monitor(s) becomes inoperable, the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than 24 hours following first knowledge of
the problem; and,
ii. make any needed repairs to the equipment as quickly as possible, and take and
record daily waste levels at the same time every day until such time as the
automated equipment is placed back into operation.
[15A NCAC 02T .0108(c)]
d. The Director may require new or modified waste -level gauges if it is determined that the
existing gauges are not adequate to accurately indicate actual waste levels, or the various
waste levels required to be maintained by this Permit or the CAWMP. — [15A NCAC 02T
.0108(c)]
10. Monitoring and Recording Precipitation Event
a. Precipitation events at the facility to operate under this Permit shall be monitored and
recorded as follows:
A rain gauge must be installed at a site that is representative of the weather conditions at
the farm's land application site(s) to measure all precipitation events. The precipitation
type and amount must be recorded daily for all precipitation events and maintained on site
for review by the Department of Environmental Quality (Department). Daily records do
not need to be maintained for those days without precipitation events.
b. The Director may require that an automated rain gauge and recorder must be installed on
site to measure and record all precipitation events. This equipment must be properly
maintained and calibrated in a manner consistent with manufacturer's operation and
maintenance recommendations. This automated equipment must be in place no later than
ninety (90) days following receipt of notice from the Director.
If an automated rain gauge(s) becomes inoperable, the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the problem; and,
ii. make any needed repairs to the equipment as quickly as possible, and take and
record all rainfall events until such time as the automated equipment is placed back
into operation.
[15A NCAC 02T .0108(c)]
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11. An analysis of a representative sample of the animal waste to be land applied shall be conducted in
accordance with recommended laboratory sampling procedures as close to the time of application
as practical and at least within sixty (60) days (before or after) of the date of application. Every
reasonable effort shall be made to have the waste analyzed prior to the date of application and as
close to the time of waste application as possible. This analysis shall include the following
parameters: — [G.S. §143-215.10C(e)(6)]
Nitrogen Zinc
Phosphorus Copper
12. 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. These records must be on forms supplied by, or
approved by, the Division. — [G.S. §143-215.10C(e)(8)]
13. A record shall be created and maintained of all transfers of waste between waste structures on the
same site not typically operated in series. Such record shall include at least the identity of the
structure from which the waste was transferred, the identity of the structure receiving the waste,
the date and time of transfer and the total volume of waste transferred. — [15A NCAC 02T .0108(c)]
14. The Permittee must maintain stocking records at least weekly for the facility. Records shall be kept
on Division -supplied forms or forms approved by the Division and be made available to the
Division consistent with Conditions IV.17 and IV.18. — [15A NCAC 02T .0108(c)]
15. If, for any reason, there is a discharge from the waste collection, treatment, storage and application
systems (including the land application sites), to surface waters or wetlands, the Permittee is
required to make notification in accordance with Condition IV.19. The discharge notification shall
include the following information:
a. Description of the discharge: A description of the discharge including an estimate of the
volume discharged, a description of the flow path to the receiving surface waters or wetlands
and a site sketch showing the path of the waste.
b. Time of the discharge: The length of time of the discharge, including the exact dates and
times that it started and stopped, and if not stopped, the anticipated time the discharge is
expected to continue.
c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a
precipitation event, detailed information from the on -site rain gauge concerning the inches
and duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to
prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition
IV.11 above.
[15A NCAC 02T . 0108(b) and (c)]
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16. Upon notification by the Division, the Permittee shall undertake any monitoring and reporting
(including but not limited to groundwater, surface water or wetland, waste, sludge, soil,
lagoon/storage pond levels and plant tissue) necessary to determine the source, quantity, quality,
and effect of animal waste upon the surface waters, groundwaters or wetlands. Such monitoring,
including its scope, frequency, duration and any sampling, testing, and reporting systems, shall
meet all applicable Division requirements. — [15A NCAC 02T .0108(c)]
17. A copy of this Permit, certification forms, lessee and landowner agreements, the CAWMP, Best
Management Plan, the Operations and Maintenance Manual, the Monitoring Plan, and copies of all
records required by this Permit and the facility's CAWMP shall be maintained by the Permittee in
chronological and legible form for a minimum of 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,
septage and commercial fertilizer), cropping information, waste application equipment testing and
calibration, and records of removal of solids to off -site location(s). These records shall be
maintained on forms provided or approved by the Division and shall be readily available at the
facility (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste
management activities are being conducted for the life of this Permit, unless otherwise specified in
this Permit. — [15A NCAC 02T .0108(c)]
18. Within fifteen (15) working days of receiving the request from the Division, the Permittee shall
provide to the Division one (1) copy of all requested information and reports related to the operation
of the animal waste management system. Once received by the Division, all such information and
reports become public information, unless they constitute confidential information under NC G.S.
132-1.2, and shall be made available to the public by the Division as specified in Chapter 132 of
the General Statutes. — [15A NCAC 02T .0108(c)]
19. Regional Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours following first knowledge
of the occurrence of any of the following events: — [15A NCAC 02T .0108(b)]
a. Failure of any component of the animal waste management system resulting in a discharge
to ditches, surface waters, or wetlands.
b. Any failure of the waste treatment and disposal system that renders the facility incapable of
adequately receiving, treating, or storing the waste and/or sludge.
c. A spill or discharge from a vehicle transporting waste or sludge to the land application field
which results in a discharge to ditches, surface waters, or wetlands or an event that poses a
serious threat to surface waters, wetlands, or human health and safety.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the
environment or human safety or health.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition VII.2. of this Permit.
f. Failure to maintain waste level in a lagoon/storage pond below that of the designed structural
freeboard (twelve (12) inches from top of dam or as specified in lagoon design). Note that
this notification is in addition to the report required by Condition IV.19.e above.
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g. An application of waste either in excess of the limits set out in the CAWMP or where runoff
enters ditches, surface waters, or wetlands.
h. Any discharge to ditches, surface waters, or wetlands or any discharge that poses a serious
threat to the environment or human health or safety.
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 waste level violations as described in Condition IV.19.e, 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)]
In the event the waste level in a lagoon/storage pond is found to be within the designed structural
freeboard, the Permittee shall file a written report to the appropriate Division Regional Office
within two (2) calendar days following first knowledge of the occurrence. This report shall outline
actions taken or proposed to be taken to reduce waste levels below the designed structural freeboard
within five (5) calendar days of first knowledge of the occurrence. — RSA NCAC 02T .0108(c)]
20. In the event of a discharge of 1,000 gallons or more of waste to surface waters or wetlands, the
Permittee must issue a press release to all print and electronic news media that provide general
coverage in the county in which the discharge occurred setting out the details of the discharge. The
press release must be issued within forty-eight (48) hours after it is determined that the discharge
has reached the surface waters or wetlands. A copy of the press release and a list of the news media
to which it was distributed must be kept for at least one (1) year after the discharge and must be
distributed to any person upon request. — [G.S. §143-215.10C(h)(1)J
21. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or wetlands,
a public notice is required in addition to the press release described in Condition IV.20. The public
notice must be placed in a newspaper having general circulation in the county in which the
discharge occurred and the county immediately downstream within ten (10) days of the discharge.
The notice shall be captioned "NOTICE OF DISCHARGE OF ANIMAL WASTE". The minimum
content of the notice is the name of the facility, location of the discharge, estimated volume of
waste entering state waters, time and date discharge occurred, duration of the discharge,
identification water body that was discharged into including creek and river basin if applicable,
actions taken to prevent further discharge, and a facility contact person and phone number. The
owner or operator shall file a copy of the notice and proof of publication with the Department within
thirty (30) days after the notice is published. Records of this notice must be kept for five (5) years.
— [G.S. §143-215.10C(h)(2)J
22. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters or wetlands, the
appropriate Division Regional Office must be contacted to determine in what additional counties,
if any, a public notice must be published. A copy of all public notices and proof of publication
must be sent to the Division within thirty (30) days of the discharge. — [15A NCAC 02T . 0108(b)]
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23. The Permittee shall conduct a survey of the sludge accumulation in the covered digester, all
treatment lagoons, and storage ponds every year. The survey report should be written on forms
provided or approved by the Division and shall include a sketch showing the depth of sludge in the
various locations within each structure. This survey frequency may be reduced if it can be
demonstrated to the satisfaction of the Division that the rate of sludge accumulation does not
warrant an annual survey. — [15A NCAC 02T . 0108(b) and .1304(b)J
There shall be a minimum of one port in the digester cover per chamber for the purposes of sludge
level evaluation. The Permittee may submit an alternative for sludge level evaluation to the
Division for approval.
If the sludge accumulation is such that the structure does not satisfy the criteria set by NRCS NC
Conservation Practice Standard No. 365 or the approved plans and specifications, a sludge removal
or management plan must be submitted to the appropriate Division Regional Office within ninety
(90) days of the determination. The plan shall describe removal and waste utilization procedures
to be used. Compliance regarding sludge levels must be achieved within two (2) years of the
determination. — [15A NCAC 02T . 0108(b) and .1304(b)J
24. All monitoring must be performed using standard sampling protocol, tested at a laboratory
approved by the Division, and results must be submitted to the Division. — [15A NCAC 02T
.0108(b)]
V. GROUNDWATER REQUIREMENTS
1. The Permittee shall conduct groundwater monitoring as may be required to determine the
compliance of this facility with the current groundwater Standards found under 15A NCAC
2L .0200.
2. Well construction
a. The Permittee shall install groundwater monitoring well(s) at location and depth to be
determined by the Division. Monitoring well(s) must be installed and sampled for
constituents listed in Condition V.4.b. prior to operation of the Innovative System. — [15A
NCAC 02T .0108(c)]
b. Monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards
of Construction for Wells Other than Water Supply) and any other jurisdictional laws and
regulations pertaining to well construction.
c. Monitoring wells must be constructed by a North Carolina Certified Well Contractor, the
property owner, or the property lessee according to General Statutes 87-98.4. If the
construction is not performed by a certified well contractor, the property owner or lessee,
provided they are a natural person, must physically perform the actual well construction
activities.
d. Within 30 days of completion of well construction, a completed Well Construction Record
(Form GW-1) must be submitted for each compliance monitoring well to Division of Water
Resources, Animal Feeding Operations Program, 1636 Mail Service Center, Raleigh, NC
27699-1636. — [15A NCAC 02T .0105(m)]
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e. The Washington Regional Office, telephone number [phone], shall approve the
location of new compliance monitoring wells prior to installation. The regional office shall
be notified at least 48 hours prior to the construction of any compliance monitoring well and
such notification to the WQROS regional supervisor shall be made from 8:00 a.m. until 5:00
p.m. on Monday through Friday, excluding State Holidays.
f. All monitoring wells shall be regularly maintained. Such maintenance shall include ensuring
that the well caps are rust -free and locked at all times, the outer casing is upright and
undamaged, and the well does not serve as a conduit for contamination.
g.
If the Permittee intends to abandon a compliance monitoring well either temporarily or
permanently, the Permittee shall justify the abandonment and request approval from the
WQROS Regional Office within 30 business days prior to initiating abandonment
procedures.
h. Monitoring wells shall be abandoned in accordance with 15A NCAC 02C .0113
(Abandonment of Wells). Within 30 days of completion of well abandonment, a completed
Well Abandonment Record (Form GW-30) must be submitted for each monitoring well to
Animal Feeding Operations Program, 1636 Mail Service Center, Raleigh, NC 27699-1636.
2. Maps — [15A NCAC 02T .0108(c)J
a. Updated maps shall be provided within 60 days when any of the following occur:
i. Compliance monitoring wells are added or deleted from the plan.
ii. The facility operation changes that would require a change in the waste boundary,
compliance boundary, or property line.
b. If the map is updated, the Permittee shall submit two original copies of a site map with an
appropriate scale to easily identify all features overlaid on the most recent aerial photograph.
At a minimum, the map shall include the following information:
i. The location and identity of each monitoring well.
ii. The location of major components of the waste disposal system.
iii. The location of property boundaries within 500 feet of the disposal areas.
iv. The elevation of the top of the well casing (i.e., measuring point) relative to a
common datum.
vi. The depth of water below the measuring point at the time the measuring point is
established.
vii. The location of compliance boundary.
viii. The date the map is prepared and/or revised.
ix. Topographic contours in no more than ten (10) foot intervals. For areas of high
relief, 20 foot intervals shall be acceptable.
c. The map and any supporting documentation shall be sent to the Animal Feeding Operations
Program, 1636 Mail Service Center, Raleigh, NC 27699-1636.
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3. Groundwater Sampling and Compliance
[1 SA NCAC 02T . 0105(m)]
a. The compliance boundary for the disposal system shall be specified in accordance with 15A
NCAC 02L .0107(a) or (b) dependent upon the date permitted and 15A NCAC 02T .0103.
An exceedance of groundwater standards at or beyond the compliance boundary is subject to
remediation action according to 15A NCAC 02L .0106(c) or (d) as well as enforcement
actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C.
b. Monitoring wells shall be sampled after construction and thereafter at the frequencies and for
the parameters as specified in Condition V.4.b. All maps, well construction forms, well
abandonment forms and monitoring data shall refer to the permit number and the well
nomenclature.
c. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory
analyses for the required effluent, groundwater or surface water parameters.
d. The measurement of water levels shall be made prior to purging the wells. The depth to
water in each well shall be measured from the surveyed point on the top of the casing.
e. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide
the relative elevation of the measuring point for each monitoring well. The measuring points
(top of casing) of all monitoring wells shall be surveyed relative to a common datum.
f. Two copies of the monitoring well sampling shall be submitted on a Compliance Monitoring
Form (GW-59), and received no later than 45 days from the sampling date. Copies of the
laboratory analyses shall be kept on site, and made available upon request. The Compliance
Monitoring Form (GW-59) shall include this permit number and the appropriate well
identification number. The Compliance Monitoring Forms (GW-59) shall be submitted to
the Division of Water Resources Information Processing Unit, 1617 Mail Service Center,
Raleigh, North Carolina 27699-1617
g.
For groundwater samples that exceed the ground water quality standards in 15A NCAC 02L
.0202, the Regional Office shall be contacted within 30 days after submission of the
groundwater monitoring form; an evaluation may be required to determine the impact of the
waste disposal activities. Failure to do so may subject the permittee to a Notice of Violation,
fines, and/or penalties.
4. Monitoring Wells, Parameters, and Sampling Frequency
— [15A NCAC 02T . 0105(m)J
a. Laboratory methods shall be EPA approved and sufficient to detect constituent quantities at
or below their individual 15A NCAC 02L groundwater standards.
b. Groundwater monitoring well(s) shall be sampled every March, June, September, and
December. For each sampling event, samples from each well shall be analyzed for the
parameters listed below:
Ammonia Nitrogen
Nitrite -Nitrogen
Total Phosphorous
Chlorides
Nitrate -Nitrogen
pH
Total Nitrogen or TKN
Fecal Coliform
Water Level
Permit No. AWI960067
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c. Water levels in the groundwater monitoring wells shall be measured prior to sample
collection. The depth to water in each well shall be measured from the surveyed point on the
top of the casing, which shall be surveyed relative to a common datum.
d. The results of the sampling and analysis shall be received on the most -recent version of
"Groundwater Quality Monitoring: Compliance Report Form" (i.e., GW-59 Form) with
copies of the laboratory analyses attached by the Division on or before the last working day
of the month following the sampling month.
5. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided. — [15A NCAC 02T .0108(c)]
VI. INSPECTIONS
1. The Permittee shall allow any authorized representative of the Department, upon the presentation
of credentials and other documents as may be required by law and in accordance with reasonable
and appropriate biosecurity measures, to: — [G.S. §143-215.10F]
a. Enter the Permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
c. Inspect, at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this Permit; and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance, any
substances or parameters at any location.
VII. GENERAL CONDITIONS
1. The issuance this Permit shall not relieve the Permittee of the responsibility for compliance with
all applicable surface water, wetlands, groundwater and air quality standards or for damages to
surface waters, wetlands or groundwaters resulting from the animal operation. — [15A NCAC 02T
. 0111(c)
2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP.
At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one (1)
foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a
storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its
CAWMP, and (c) there is at least one (1) foot of structural freeboard. — [15A NCAC 02T .1304(b)]
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3. All containment basins, such as a lagoon or a storage pond, used for waste management (including
those used for the Innovative System) shall continue to be subject to the conditions and
requirements of this Permit until properly closed. When the containment basin is properly closed
in accordance with the NRCS NC Conservation Practice Standard No. 360 "Closure of Waste
Impoundments," April 2012 or any subsequent amendment, the containment basin shall not be
subject to the requirements of this Permit. The Permittee must submit a letter to the Division to
request rescission of the Permit by providing documentation of closure of all containment basins.
— [15A NCAC 02T .1306(a)]
Closure shall also include a minimum of 24-hour pre -notification of the Division and submittal of
the Animal Waste Storage Pond and Lagoon Closure Report Form to the address identified on the
form within fifteen (15) days of completion of closure. — [15A NCAC 02T . 0108(b)J
4. Should the Permittee desire to close the animal feeding operation and abandon the Innovative
System, a "closure plan" must be submitted to the Division. The closure plan must include
recommendations by a Professional Engineer for the removal of all equipment associated with the
Innovative System so as not to create any discharge from the Innovative System or the previously
existing wastewater treatment system, and so as to not compromise the Existing System in any way.
No equipment shall be removed without prior approval from the Division. — [15A NCAC 02T
.0108(b)]
5. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by
the Division. Failure to pay the fee accordingly constitutes grounds for revocation this Permit. —
[G.S. §143-215.10G and 15A NCAC 02T .0105(e)(2)J
6. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements,
which are required in the CAWMP, shall constitute grounds for revocation of this Permit. — [15A
NCAC 02T . 0110(1)]
7. Upon classification of the Facility by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall designate a Certified Water Pollution Control
System Operator (Operator) to operate the Facility. The designated Operator must hold a certificate
of the same type(s) and grade(s) as the classification(s) assigned to the Facility by the WPCSOCC.
The Permittee may also be required to designate a certified back-up Operator of the appropriate
type and grade to comply with the conditions of 15A NCAC 8G. 0202. The Permittee shall submit
to the WPCSOCC a completed designation form designating the appropriately certified Operator(s)
thirty (30) days prior to the introduction of waste into the system or within thirty (30) days of
classification, in the case of the Existing System. The designated Operator of the Facility must
visit the Facility as often as necessary to insure proper operation of the system, but in no case less
frequently than as specified in 15A NCAC 8G .0204(2), 15A NCAC 8F. 0203, or both.
8. After the Innovative System has been in use for one (1) year (does not need to be consecutive) the
Permittee or their designee shall submit a progress report to the Division. This report shall include
any recommendations for improvements if the system is to remain operational. — [15A NCAC 02T
.0108(c)]
9. After the Innovative System has been in use for one (1) year (does not need to be consecutive) the
Permittee or their designee must submit a comprehensive Operation and Maintenance (O&M)
manual if the system is to remain operational. The O&M manual shall include the following
minimum information: — [15A NCAC 02T .0108(c)]
a. As -built drawings,
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b. A detailed description of the Innovative System,
c. Warranty information for all installed equipment and each major component,
d. Inventory, functional descriptions, and complete operating instructions for all installed
equipment and each major component,
e. Instructions for start-up/shut-down as well as for calibration and adjustment of all installed
equipment and each major component,
f. Recommended maintenance management system, including preventative and predictive
maintenance, for all installed equipment and each major component,
g. Contact information for local service companies as well as instructions for replacement of
all installed equipment and each major component,
h. Contact information for local contractors capable of performing emergency repairs, and
i. Contact information for regulatory and other agencies.
10. After the Innovative System has been in use for one (1) year (does not need to be consecutive) the
Permittee or a designee must submit a comprehensive operator -training program to be approved by
the Division. — [15A NCAC 02T . 0108(c)]
11. Upon review of the documents required by Conditions VI. 8 — VI.10, the Division maintains the
right to reconsider the Innovative System for continued approval. — [15A NCAC 02T . 0108(b)]
12. Failure to abide by the conditions and limitations contained in this Permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina G.S. § 143-215.6A-
6C and may include the requirement to obtain additional treatment or storage units and/or addition
of land application sites, and/or the modification of the Innovative and/or Existing Systems.
13. The issuance of this Permit does not excuse the Permittee from the obligation to comply with all
applicable statutes, rules, regulations, or ordinances (local, state, and federal). — [15A NCAC 02T
.0110]
14. This Permit shall become voided unless the Facility is constructed in accordance with the
conditions of this Permit, the approved plans and specifications, and other supporting data. — [G. S.
§143-215.10C and 15A NCAC 02T .1304(c)]
15. This Permit is effective only with respect to the nature and volume of wastes described in this
Permit for the White Oak Farms. — [G.S. §143-215.1J
Any proposed modification to an animal waste management system shall require approval from the
Division prior to construction.
16. This Permit is not automatically transferable. In the event there is a desire for the Facility to change
ownership, or there is a name change of the Permittee, a formal permit request must be submitted
to the Division, documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may not be
approved. — [G.S. §143-215.10C and 15A NCAC 02T .1304(c)]
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17. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its renewal.
Upon receipt of the request, the Commission will review the adequacy of the Facility described
therein, and if warranted, will renew the Permit for such period of time and under such conditions
and limitations as it may deem appropriate. — [15A NCAC 02T .0109]
18. 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. — [15A NCAC 02T .0110]
VIII. PENALTIES
1. Failure to abide by the conditions and limitations contained in this Permit; the facility's Best
Management Plan; the facility's CAWMP; and/or applicable state law; may subject the Permittee
to an enforcement action by the Division including but not limited to the modification of the animal
waste management system, civil penalties, criminal penalties and injunctive relief. — [15A NCAC
02T .0110]
2. The Permittee must comply with all conditions of this Permit. Any permit noncompliance
constitutes a violation of state law and is grounds for enforcement action; for permit coverage
termination, revocation and reissuance, or modification; or denial of a permit coverage renewal
application. — [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)]
IX. DEFINITIONS
25-year, 24-hour rainfall or storm event means the maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years, as defined by the National Oceanic and Atmospheric Administration
Atlas 14 (NOAA 14), Volume 2, version 3.0, 2004 revised 2006, and subsequent amendments, or equivalent
regional or state rainfall probability information developed therefrom. — [NC NRCS Title 210 — National
Engineering Handbook (NEH), Part 650 Engineering Field Handbook Chapter 2 (EFH-2), North Carolina
Supplement, October 2017]
Agronomic rate means the amount of animal waste and/or other nutrient sources applied to soil to meet
the nitrogen needs of the crop but does not overload the soil with the nutrients or other constituents that
cause or contribute to a contravention of surface water or groundwater standards, limits crop growth, or
adversely impact soil quality. Nitrogen needs of the crop shall be based on realistic yield expectations
(RYE) established for a soil series through published Cooperative Extension Service bulletins, NRCS
publications, county soil surveys, or site -specific agronomist reports. Unless otherwise specified, nitrogen
shall be rate -determining element. - — [G.S. §143-215.10C(e)(6), 15A NCAC 02T .0103(1) and 15A NCAC
02T .1304(b)]
Amendment to the CAWMP means a minor change and/or addition to a part(s) of the plan and does not
require pre -approval from the Division to implement. The following are examples of amendments to the
CAWMP:
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• In an existing CAWMP, a change in crops and/or cropping pattern that utilizes 25% or less of the N
generated is considered a plan amendment. Additional acreage needed to facilitate the change in crops
and/or cropping pattern is permissible and considered part of the amendment.
• The addition of winter crops and/or interseeded perennial crops are considered amendments to an
existing CAWMP when the operation does not require additional acreage and/or crops for N utilization
and does not exceed the 25% criteria stated above.
• Inclusions of emergency action plans, and insect, odor and mortality checklists are considered CAWMP
amendments.
• Including additional acreage for land application beyond what is required in the existing CAWMP is
considered a plan amendment.
Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where
the following conditions are met:
a. animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or
maintained for a total of forty-five (45) days or more in any twelve (12) month period, and
b. crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal
growing season over any portion of the lot or facility. Two or more animal feeding operations
under common ownership are considered to be a single animal feeding operation if they adjoin
each other, or if they use a common area or system for the disposal of wastes. — [G.S. §143-
215.10BJ
Animal Waste means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter, or
other materials from an animal operation. — [G.S. §143-215.10B(2)]
Certification means technical specialist certification of the CAWMP in accordance with the requirements
of 15A NCAC 02T .1304.
Discharge is defined by G.S. § 143-213, which states, "Whenever reference is made in this Article to
"discharge" or the "discharge of waste," it shall be interpreted to include discharge, spillage, leakage,
pumping, placement, emptying, or dumping into waters of the State, or into any unified sewer system or
arrangement for sewage disposal, which system or arrangement in turn discharges the waste into waters of
the State. A reference to "discharge" or "discharge of waste" shall not be interpreted to include
"emission" as defined in Subdivision (12) of this Section." — [G.S. §143-213(9)]
Ditch means any man-made channel for the purpose of moving water off a site to the surface waters. —
[1SA NCAC 02T . 0108(b)]
Excessive Ponding means any area of the application field where visible liquid waste is ponded on the
surface of the land application site more than four (4) hours following the application of waste. Excessive
ponding also means any areas where the ponding of waste has resulted in crop failure. — [15A NCAC
02T . 0108(b)]
Expansion means an increase in the permitted steady state live weight associated with the animal waste
management system. — [15,4 NCAC 02T .1302(4)]
Facility means an animal feeding operation including confinement areas, waste collection areas, and
treatment works associated with the animal feeding operations. — [15A NCAC 02T . 0108(b)]
Groundwaters means any subsurface waters, as defined in 15A NCAC 2L .0102.
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Land application area means the areas used for the application of animal wastewater or waste solids. —
[15A NCAC 02T . 0108(b)]
Land application means the application of wastewater and/or waste solids onto or incorporation into the
soil. — [15A NCAC 02T . 0108(b)]
Major changes to the CAWMP means changes in the number of animals, type of operation (feeder to finish
to wean to feeder), retrofit of a lagoon, installation of a new irrigation system, and similar type changes. —
[15A NCAC 02T .0108(b) and .1304(b)J
Revision to the CAWMP means a change to an entire CAWMP to meet current applicable standards. For
an existing CAWMP, a change in crops and/or cropping pattern that utilizes more than 25% of the N
generated by the operation is considered a plan revision. — [15A NCAC 02T .0108(b) and .1304(b)]
State Waters means all waters as defined in G.S. § 143-212(6).
Surface Waters means all waters as defined in G.S. § 143-212 except underground waters. — [15A NCAC
02T .0103(41)]
Waste means animal waste. — [G.S. §143-215.10B(2)]
Wetlands are "waters" as defined by G.S. § 143-212 and are areas that are inundated or saturated by an
accumulation of surface or ground water as defined in 15A NCAC 2B .0202. — [15A NCAC 02T .0103(46)]
Permit issued this the 17th day of June, 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DocuSigned by:
'-E3415E2C05B24CD...
for S. Daniel Smith
Director, Division of Water Resources
By Authority of the Environmental Management Commission
Permit No. AWI960067
Permit No. AWI960067
30 June 17, 2020

DocuSign Envelope ID: C1466B5A-210B-429A-81F5-09985D5CB9E7
Permit No. AWI960067
June 17, 2020
ENGINEER'S CERTIFICATION
I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the
construction of the project
Project Name
Location
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and intent of
this Permit, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Permit No. AWI960067
31 June 17, 2020