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Home My WebLink About110558_Permit (Issuance)_20230221DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality February 21, 2023 NC Depailnient of Agriculture and Consumer Services WNC Ag Center Horse Complex 1301 Fanning Bridge Road Fletcher, NC 28732 Subject: Permit No. AWI110558 WNC Ag Center Horse Complex Animal Waste Operation Buncombe County Dear NC Department of Agriculture and Consumer Services, In accordance with your permit renewal application received, we are forwarding herewith Permit No. AWI110558, dated February 21, 2023 to the NC Department of Agriculture and Consumer Services authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with this permit. This permit shall be effective from the date of issuance until January 31, 2028, 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 volume 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. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. 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 NCGS 143-215.6A through 143-215.6C, the Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief. 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. D_E NORTH CAROLINA Deperhrent of Environmental Oueihy 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. This facility is located in a county covered by our Asheville Regional Office. The Regional Office Water Quality Regional Operations Section Staff may be reached at (828) 296-4500. If you need additional information concerning this Permit, please contact the Animal Feeding Operations Branch staff at (919) 707-9129. Sincerely, DocuSigned by: IPawit,st, ravt z E3415E2C05B24CD... for Richard E. Rogers, Jr. Division of Water Resources cc: Asheville Regional Office, Water Quality Regional Operations Section Buncombe County Health Department Buncombe County Soil and Water Conservation District Laserfiche File No: 110558 NORTH CAROLINA o�mm�Mm.��l o�.i� sjor/� 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH ANIMAL WASTE OPERATION 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 NC Department of Agriculture and Consumer Services Buncombe County FOR THE operation of an animal waste management system for the WNC Ag Center Horse Complex, consisting of a solids storage and handling facility, and all necessary appurtenances to serve a maximum animal head per year of 874 horses with no discharge of wastes to the surface waters, pursuant to the application received February 20, 2023, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until January 31, 2028, 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 reaches surface 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's CAWMP is hereby incorporated by reference into this Permit. The CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal, state DE_ -NORTH CAROLINA \ nepnrhrerrt of Environmental Ouolny 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 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. Any proposed increase or modification to the annual average will require a modification to the CAWMP and the Permit prior to modification of the Facility. 5. A violation of this Permit is subject to enforcement action 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 .01101 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. — INC Session Law 1995-4201 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 1997-4581 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. — [1SA 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. — [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. — [1SA NCAC 02T.1304(b)] 6. 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 Am NORTH CAROLINA \ nepnrhrerrt of Environmental Ouolny 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 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)] 7. 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. 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)J 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 limited to, 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)] 1:)..E NORTH CAROLINA nepnrhrerrt of Environmental Ouolny 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 15. 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(c)] 16. 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)] 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)J 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)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 are posted on the National Weather Service's website located at: www.weather.2ov. 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)J 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 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)J 22. In accordance with NC NRCS Conservation Practice Standard No. 359 "Waste Treatment Lagoon", an operator may temporarily lower lagoon levels to provide 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: D_EQ�NORTH CAROLINA ffaperhrent of Environmental Oueihy 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 a. Lagoon levels may be lowered a maximum of 8 inches below the facility's stop pump mark 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. 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 documented 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. 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)J 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. A representative 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)J 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)J Nitrogen Zinc Phosphorus Copper 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 £ ...DE --#) NORTH CAROLINA ffaperhrent of Environmental Oueihy 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 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)J 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 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 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 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 the same 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. A copy of this Permit, the Facility's COC, certification forms, lessee and landowner agreements, the CAWMP, 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, 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 --#) DE_- NORTH CAROLINA \ nepnrhrerrt of Environmental Ouolny 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 determine the source, quantity, quality, and effect of such 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. Notification shall be made on a case -by -case basis. — [15A NCAC 02T .0108(c)J 11. Regional Notification: 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)J 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)J NORTH CARntnt Fl NA reM m En vironmental ou.nry 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 13. 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 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 (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 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 111.12. Permittee must maintain a copy of the press release and the public notice consistent with Condition 11L8. — [G.S. §143-215.10C(h)(2)J IV. INSPECTIONS AND ENTRY 1. The Permittee is subject to inspections at any time, without announcement, by the Depaitnient. 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. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Facility's 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)] NORTH CARntnt Fl NA reM m En vironmental ou.nry 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 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 Conservation Practice Standard No. 360 "Waste Facility Closure", April 2012or 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 a 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)] 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 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. §143-215.10C and 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. — [15A NCAC 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; NORTH CARntnt Fl NA reM m En vironmental ou.nry 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 919.707.9129 DocuSign Envelope ID: B3A235B6-7AC9-44B6-8781-DDC9CE16D537 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; No component of the animal waste management system, other than existing swine barns or land application sites shall be constructed within 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 facility that 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 .01101 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 .01101 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)1 This Permit issued the 21st of February 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: I t,s(A, &twit& B24eD... for Ric ard E. Rogers, JR, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number AWI110558 NORTH CAROLINA g- o�mm�Mm .��l o�.i� kswie/� 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 919.707.9129