310039_Permit (Issuance)_20210331

DocuSign Envelope ID: 7BA1A532-lD95-4DBC-B7CA-15FC0193E748
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
S. DANIEL SMITH
Director
Murphy -Brown, LLC
Benson Farm
PO Box 856
Warsaw, NC 28398-0856
Dear Murphy -Brown, LLC:
NORTH CAROLINA
Environmental Quality
March 31, 2021
Subject: Permit No. AWI310039
Benson Farm
Swine Waste Collection,
and Application System
Duplin County
Treatment, Storage
In accordance with your permit application received December 23, 2019 and subsequent additional
information received on January 10, 2020 and February 3, 2020, we are forwarding herewith Permit No.
AWI310039, issued to Murphy -Brown, LLC, authorizing the construction and operation of an anaerobic
digestion animal waste treatment system to produce renewable energy (Waste -to -Energy System) for
Benson Farm located in Duplin County.
When fully implemented, the Waste -to -Energy System shall serve as the treatment system for the entire
animal waste stream for the facility with an animal capacity of no greater than 6,120 Feeder to Finish
Swine. All waste application to land shall be as specified in the facility's Certified Animal Waste
Management Plan (CAWMP). 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 Permit is for the Waste -to -Energy System on the Benson Farm only and does not cover the Align Gas
Upgrading System, biogas collection lines, or the Pipeline Intersection.
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, and federal), nor does issuance of this permit convey
any property rights in either real or personal property.
This permit shall be effective from the date of issuance until February 28, 2026 and shall rescind General
Permit and Certificate of Coverage Number AWS310039 dated October 1, 2019. You are authorized and
required to operate the system in conformity with the conditions and limitations as specified in this Permit,
and the facility's CAWMP. Please pay particular attention to the record keeping and monitoring
requirements in this permit as well as Conditions I.16 and 111.18. Failure to establish an adequate system
for collecting and maintaining the required operational information will result in future compliance
problems.
You are subject to the conditions of this Permit until the closure of all waste treatment and storage structures
and the rescission of this Permit. You must submit a letter to the Division of Water Resources (Division)
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center Raleigh, North Carolina 27699-1636
NORT CAFOLNA
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to request rescission of the Permit by providing documentation of closure of all treatment and containment
structures.
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. This permit shall be final and binding unless such demands are made.
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.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights in either real
or personal property.
Per 15A NCAC 2T. 0103, a compliance boundary is provided for the facility and no new water supply wells
shall be constructed within the compliance boundary. Per Natural Resources Conservation Service
standards, a 100-ft separation shall be maintained between water supply wells and any lagoon, storage pond,
digester, or any wetted area of a spray field.
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.
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 Wilmington Regional Office. The Wilmington Water
Quality Regional Operations Section (WQROS) Staff may be reached at [phone]. If you need
additional information concerning this matter, please contact the Animal Feeding Operations Branch staff
at [phone].
Sincerely,
Dooccu/Siigned by:
98F7A67B5CCA425...
S. Daniel Smith
Director, Division of Water Resources
cc: Duplin County Health Department
Duplin County Soil and Water Conservation District
Smithfield Hog Production
William G. "Gus" Simmons, Jr., P.E., Cavanaugh Solutions
Laserfiche — Permit File No. 310039
D �� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
Norm-1CAAouNA
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DocuSign Envelope ID: 7BA1A532-1D95-4DBC-B7CA-15FC0193E748
Permit No. AWI310039
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
Benson Farm
Duplin County
FOR THE
construction and operation of an anaerobic digestion animal waste treatment system to produce renewable energy (Waste -
to -Energy System) consisting of a 1,693,156 gallon synthetically lined anaerobic digester with a 80 mil HDPE synthetic
cover, one existing clay lined lagoon, one digester influent pump station, biogas drying unit, and all necessary pipes, pumps,
and appurtenances, to serve the 6,120 Feeder to Finish swine at Benson Farm with no discharge of wastes to the surface
waters, in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by
the Department of Environmental Quality (Department) and considered a part of this Permit.
All existing lagoon structures shall be properly operated and maintained through out the construction and operation of the
additional components of the Waste -to -Energy System. During construction of the Waste -to -Energy System, the existing
animal waste management system may continue to operate subject to the conditions of this Permit.
This Permit is for the Waste -to -Energy System on the Benson Farm only and does not cover the Align Gas Upgrading
System, biogas collection lines, or the Pipeline Intersection.
This permit shall be effective from the date of issuance until February 28, 2026, and shall be subject to the following
specified conditions and limitations:
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Permit No. AWI310039
1. PERFORMANCE STANDARDS
Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided
in this Permit and associated statutory and regulatory provisions. 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.
The waste collection, treatment, storage and application 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 or wetlands.
Facilities must be designed, constructed, operated, and maintained to contain all waste plus the runoff from
a 25-year, 24-hour rainfall event at the time of construction for the location of the facility. A facility that
has a discharge of waste that results because of a storm event more severe than the 25-year, 24-hour storm
will not be considered to be in violation of this Permit if the facility is otherwise in compliance with its
Certified Animal Waste Management Plan (CAWMP) and this Permit.
Any application of waste to a ditch that drains to surface waters or wetlands is prohibited unless all of the
following are met:
a. ditches are controlled by best management practices (BMPs) designed in accordance with NRCS
standards;
b. the BMPs have been submitted to and approved by the Division of Water Resources (Division);
c. the BMPs were implemented as designed to prevent a discharge of waste to surface waters or wetlands;
d. inspections are conducted in compliance with Condition II.17;
e. the waste was removed immediately from the ditch upon discovery; and
f. the event was documented and reported in accordance with Condition 111.12. of this Permit.
Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result
because of rainfall from a storm event more severe than the 25-year, 24-hour storm. — [G. S. §143-21 S. 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.
The Permittee shall develop and maintain a current CAWMP. The facility's COC and CAWMP are hereby
incorporated by reference into this Permit. The CAWMP 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. Any violation of the terms or conditions of the COC or the CAWMP is a violation of this
Permit subject to enforcement action and may result in the Permittee having to take immediate and/or long-
term corrective action(s) as required by the Division. — [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 CAWMP. The Permittee
must make "major changes," "revisions," or "amendments" to the CAWMP to address changes needed to
maintain compliance with the facility's COC and 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.
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"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. IOC, 15A NCAC 02T . 0108(b) and .1304(b)1
5. A violation of this Permit is subject to enforcement action and 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 COC being reopened and modified, revoked and reissued, and/or terminated. — [G.S. §143-
215.6A and 15A NCAC 02T .0110]
6. Any proposed modification to operation type or the annual average design capacity from that authorized by
the COC is considered a "major change" and will require a modification to the CAWMP and the COC prior
to modification of the facility. — [G.S. §143-215.10C, 15A NCAC 02T .0108(b) and .1304(b)1
7. No waste collection, treatment, or storage structure may be constructed in a 100-year flood plain. — [G.S.
§106-803(a2)]
8. Upon notification by the Division, 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. This evaluation will not be required until such time as the permittee is notified by the
Division. The evaluation must be documented on forms supplied by or approved by the Division and must
be submitted to the Division. This evaluation must be completed by existing facilities within twelve (12)
months of receiving notification from the Division. — [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. — [15A NCAC 02T .0108(b), see also NCNRCS
Standard 5901
9. If prior approval is received from the Director of the Division (Director), facilities that have been issued a
COC to operate under this Permit may add treatment units for the purpose of removing pollutants before
the waste is discharged into the lagoons/storage ponds. Prior to any approval, the Permittee must
demonstrate to the satisfaction of the Director that the new treatment unit will not interfere with the
operation of the existing treatment system and that a process is in place to properly manage and track the
pollutants removed. — [I5A NCAC 02T . 0105(n)]
11. If prior approval is received from the Director, facilities that have been issued a COC to operate under this
Permit may add innovative treatment processes to the systems on a pilot basis in order to determine if the
innovative treatment process will improve how the waste is treated and/or managed. Prior to approval, the
Permittee must demonstrate to the satisfaction of the Director that the innovative treatment process will not
interfere with the operation of the existing treatment system and that a process is in place to properly manage
and track the pollutants removed. — [15A NCAC 02T .0105(n)]
12. Animal waste shall not be applied within:
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
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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 1997-458]
e. 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)J
13. Upon completion of construction and prior to operation of the new Waste -to -Energy System, as -built plans
and specifications and the certification, signed and sealed by a Professional Engineer, must be submitted
certifying that the permitted Waste -to -Energy System 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]
14. The Wilmington Regional Office, telephone [phone], shall be notified at least forty-eight (48) hours
in advance of operation of the installed Waste -to -Energy 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(b)]
15. The waste management system, including the Waste -to -Energy System and 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 Waste -to -Energy 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. — [15A NCAC
02T . 0108(b)]
16. The Permittee shall review the facility's CAWMP with respect to land application areas in landscape
positions that are in close proximity to public roads, dwellings and wells, including but not limited to Pulls
17, 18, and 19. Within 180 days of issuance of this permit, the Permittee shall provide a report to the
Division to describe what, if any, additional best management practices are to be implemented in these
areas to improve protections and further reduce risk of off -site impacts. — [I5A NCAC 02T .0108(b)]
II. OPERATION AND MAINTENANCE REQUIREMENTS
The Waste -to -Energy System, collection, treatment, and storage facilities, and the land application
equipment and fields shall be properly operated and maintained at all times. — [I5A 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. — [I5A
NCAC 02T .1304(b)]
Soil pH on all land application fields must be maintained in the optimum range for crop production. — [G.S.
§143-215.1OC(e)(7)J
4. Land application rates shall be in accordance with the CAWMP. In no case shall the total land application
rates from all nutrient sources exceed the agronomic rate of the nutrient of concern for the receiving crop.
— [G.S. §143-215.I0C, and 15A NCAC 02T .1304(b)]
5. In no case shall land application result in excessive ponding or any runoff during any given application
event. — [15A NCAC 02T .1304(b)]
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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 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, 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 T. 0108(b)].
8. No material other than animal wastes of the type generated on this facility shall be disposed of in the animal
waste collection, treatment, storage, or application systems. This includes but is not limited to pesticides,
toxic chemicals and petroleum products.
The biogas condensate generated by the biogas dryers may be returned to the digester as it is serves to
recycle moisture from the existing waste stream. No products or additives may be introduced to the
condensate material that is returned to the digester. The condensate collection system must be designed to
prevent the introduction of precipitation, runoff, or any chemicals or wastes. — [15A NCAC 02T .1304(b)]
9. 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
10. 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 planned
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. 1 OC(e) (3) and §106-403]
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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. §106-402.11
II. 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)]
12. 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)]
13. At the time of sludge removal from either the digesters or the lagoons, the sludge must be managed in
accordance with the CAWMP. When removal of sludge from the treatment units is necessary, provisions
must be made and precautions taken to prevent damage to any dikes and liners. — [15A NCAC 02T .1304(b)]
14. 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)]
15. 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)]
16. 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. §90A-47.2]
17. The OIC, a designated Back-up OIC of a Type A Animal Waste Management System, 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 ensure 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, land application area used, and name of the operator for each inspection. If neither the OIC or
designated Back-up OIC was present during land application, then the OIC or designated Back-up OIC
shall inspect the land application area within twenty-four (24) hours.
Inspection shall include but not be limited to visual observation of application equipment, land application
area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. — [15A NCAC 8F
.0203(b) and 15A NCAC 02T .0108(c)1
18. Upon written notification from the Director, the Permittee shall install and operate automatic flow meters
with flow totalizers or other flow monitoring equipment approved by the Division. The Permittee shall
maintain such devices according to the manufacturer's instructions and warranties. The equipment must be
in place no later than ninety (90) days following receipt of notice from the Director. Notification may be
based on the facility's violations, incomplete or incorrect record keeping events, or if the Division
determines that flow estimation techniques do not effectively quantify volumes of waste applied. This
determination shall be made on a case -by -case basis. — [I5A NCAC 02T .0108(c)]
19. No waste shall be applied in wind conditions that cause or might reasonably be expected to cause the waste
to reach surface waters, wetlands, or cross property lines, or field boundaries. — [I5A NCAC 02T .0108(b)]
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20. Upon written notification from the Director, the Permittee shall install/utilize application equipment or
practices that reduce drift potential. Written notification may be provided if the Division determines
violations due to wind drift. This determination shall be made on a case -by -case basis. — [15A NCAC 02T
.1304(b)]
21. 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)]
22. 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)]
23. 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 of the time that the National Weather Service
issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system
including a hurricane, tropical storm, or tropical depression for the county in which the permitted facility
is located. Watches and warnings for Duplin County are posted on the National Weather Service's website
located at: www.weather.2ov/mhx/. Watch and warning information can also be obtained by calling the
Newport/Morehead City, NC National Weather Service Office that serves Duplin County at (252) 223-
5737. — [15A NCAC 02T. 01 08(b)]
24. The Permittee shall:
a. install, operate, and maintain devices on all irrigation pumps/equipment designed to automatically stop
irrigation activities during precipitation; or
b. 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. 01 08(b)]
25. If liquid effluent 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 of wastewater or solids;
b. acquiring leased land agreements for land application of wastewater or solids;
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.
26. 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
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Permit No. AWI310039
27. All waste application equipment must be tested and calibrated at least once every two calendar years. The
results must be documented on forms provided by, or approved by, the Division. — [15A NCAC 02T
.1304(b)(9)J
28. Any major structural repairs to digesters, lagoons/storage ponds, or lift stations must have written
documentation certifying proper design and installation. Professional engineers, authorized federal
employees, and technical specialists with Structural Animal Waste designation may provide certification.
However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications,
no certification 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 or liner. — [15A NCAC 02T .0108(b)]
29. 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
30. 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:
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)]
31. The Nutrient Management Plan shall be modified as needed based on performance of the Waste -to -Energy
System. If performance is not as predicted, immediate measures such as those listed in Condition II.25
above will be taken.
32. In the case of interruption or failure of Waste -to -Energy System, the Permittee shall follow the Emergency
Action Plan (EAP) as submitted.
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DocuSign Envelope ID: 7BA1A532-1D95-4DBC-B7CA-15FC0193E748
Permit No. AWI310039
III. MONITORING AND REPORTING REQUIREMENTS
An inspection of the Waste -to -Energy System, collection, treatment, and storage structures, and runoff
control measures shall be conducted and documented at a frequency to insure proper operation but at least
weekly 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. Inspection shall also include visual observation of subsurface drain outlets, ditches, and drainage
ways for any discharge of waste. — [15A NCAC 02T .1304(b)]
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 maintained by the Permittee for a period of five years from the date of the inspection
and shall be made available upon request to the Division or other permitting authority. — [15A NCAC 02T
.0108(c)]
2. 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
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)]
Upon written notification from the Director, more frequent monitoring and recording of waste levels
may be required based on the facility's compliance history for freeboard violations. This determination
shall be made on a case -by -case basis. — [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. Upon written notification from the Director, the Permittee shall monitor and record waste levels as
described below. Written notification may be provided if the Division determines that waste level
monitoring and recordkeeping do not adequately represent the volumes of waste in the structure to
ensure appropriate management. This determination shall be made on a case -by -case basis. — [I5A
NCAC 02T . 0108(c)]
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. — [15A NCAC 02T .0108(c)]
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 twenty-four (24) hours following first knowledge of the problem; and,
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DocuSign Envelope ID: 7BA1A532-1D95-4DBC-B7CA-15FC0193E748
Permit No. AWI310039
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.
d. The Director may require new or modified waste -level gauges at any facility if it is determined that the
existing gauges are not adequate to accurately indicate actual lagoon levels, or the various lagoon levels
required to be maintained by this Permit or the facility's CAWMP. — [15A NCAC 02T . 0108(c)]
3. Monitoring and Recording Precipitation Event
a. A rain gauge must be installed at a site that is representative of the weather conditions at the farm's
land application site(s). Daily records of precipitation type and amount must be recorded 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.
— [I5A NCAC 02T T. 0108(c)]
b. Upon written notification from the Director, the Permittee shall install an automated rain gauge and
recorder 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. Written notification may be provided if the Division determines
that precipitation measurements and recordkeeping do not adequately represent precipitation at the
facility. This determination shall be made on a case -by -case basis. — [15A NCAC 02T . 0108(c)]
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)]
4. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be
conducted at least once every three (3) years on each application field receiving animal waste. —[G.S. §143-
215.10C(e)(6)J
5. An analysis of a representative sample of the animal waste to be 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. §143-215.1OC(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 record removal of solids and
document nutrient loading rates if disposed of on -site, or record the off -site location(s). These records
must be on forms supplied by, or approved by, the Division. — [G.S. §143-215.1OC(e)(8)J
7. The Permittee must maintain monthly stocking records for the facility and make the records available to
the Department. — [15A NCAC 02T .0108(c)]
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DocuSign Envelope ID: 7BA1A532-1D95-4DBC-B7CA-15FC0193E748
Permit No. AWI310039
8. 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 111.12. 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 III. 5.
above.
[15A NCAC 02T . 0108(b) and (c)J
9. Upon written notification by the Director, the Permittee shall undertake 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. Notification
shall be made on a case -by -case basis. — [I5A NCAC 02T .0108(c)]
10. A copy of this Permit, certification forms, lessee and landowner agreements, the CAWMP, Best
Management Plan, the Operations and Maintenance Manual, 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. These records shall be maintained on forms provided or approved by the
Division and shall be readily available for inspection.
Records include but are not limited to: operation, maintenance, repair, 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). —
[15A NCAC 02T .0108(c)]
11. 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 § 143-215.91) 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)]
12. 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)]
a. Failure of any component of the animal waste management system resulting in a discharge to ditches,
surface waters, or wetlands.
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DocuSign Envelope ID: 7BA1A532-1D95-4DBC-B7CA-15FC0193E748
Permit No. AWI310039
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 V.2. of this Permit.
£ 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/storage pond design). Note that this
notification is in addition to the report required by Condition III.12.e above.
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
storage capacity violations as described in Condition III.12.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. — [15A NCAC 02T .0108(c)]
13. Upon written notification by the Director, the Permittee shall submit an annual certification report or other
reports/certifications based on the compliance history of the facility. If required, the report must be filed
on forms provided by the Division. — [15A NCAC 02T .0108(c)]
14. 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. §143-215.1OC(h)(1)J
At a minimum the press release shall include the name of the facility, location of the discharge, estimated
volume of wastewater entering state waters, time and date discharge occurred, duration of the discharge,
and identification of receiving water body The Permittee shall provide a copy of the press release to the
Division. [15A NCAC 02T .0108(b)]
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DocuSign Envelope ID: 7BA1A532-1D95-4DBC-B7CA-15FC0193E748
Permit No. AWI310039
15. 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.14. 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. Permittee must maintain a copy of the
press release and the public notice consistent with Condition III.10. — [G.S. §143-215.I0C(h)(2)J
16. If a discharge of 1,000,000 gallons or more of animal waste 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 after the notice is published.
These requirements are in addition to those found in Conditions III.14 and III.15 above. The Permittee
must maintain a copy of the public notice and proof of publication consistent with Condition III.10. — [15A
NCAC 02T . 0108(b)]
17. Facility shall conduct a survey of the sludge accumulation in all digesters and lagoons 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 lagoon. 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
If the sludge accumulation is such that the structure does not satisfy the criteria set by NRCS NC
Conservation Practice Standard No. 359 "Waste Treatment Lagoon", February 2009 or any subsequent
amendment, 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. — 115A NCAC 02T . 0108(b) and. 1304(b)]
18. The Permittee shall conduct wastewater analysis of both the influent and effluent of the digester for the
following parameters quarterly. Quarterly tests of representative grab samples 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. Sample results shall
be submitted to the Division's Central Office by the end of the month following sampling. Quarterly grab
sampling shall begin six months after submission of the Engineer's Certification as required by Condition
I.13 and end after eight consecutive quarters of sampling. — [15A NCAC 02T . 0108(b)]
Total Nitrogen or Total Kjeldahl Nitrogen Nitrate Nitrogen (NO3-N/ NO2-N)
Ammonium nitrogen (NH4-N) Total Phosphorous
Copper Zinc
Sulfur Fecal coliform bacteria
IV. INSPECTION AND ENTRY
1. The Permittee is subject to inspections at any time, without announcement, by the Department. The
Permittee shall allow any authorized representative of 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. ]OF]
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DocuSign Envelope ID: 7BA1A532-1D95-4DBC-B7CA-15FC0193E748
Permit No. AWI310039
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.
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.
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).
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 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 i£
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)]
Lagoons and storage ponds designed after September 1, 1996, must also provide storage for the heavy
rainfall factor (NC NRCS Standard 359) for the lagoons/storage pond. In case of lagoons/storage ponds in
series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall factor storage
requirement for the system may be designed into the lowest lagoon/storage pond in the system. However,
adequate freeboard must be designed into the upper lagoons/storage ponds to allow sufficient storage to
prevent the waste level from rising into the structural freeboard while the storm water is draining into the
lowest structure in the system. — [15A NCAC 02T .1304(b), also see NC NRCS Standard 359]
All containment basin, such as a lagoon or digester, 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 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.
Closure shall also include a minimum of 24 hours 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 .1306(a)]
4. 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 of this Permit.. — [G.S.
§143-215.1OG and I5A NCAC 02T .0105(e)(2)]
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Permit No. AWI310039
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. — [15A NCAC 8F .0203 and 15A NCAC 02T .0108(c)]
6. After the Waste -to -Energy System has been in use for one (1) year, the Permittee or their designee shall
submit a progress report to the Division. This report shall include any updates or changes to the Operation
and Maintenance Plan and any recommendations for improvements. — [15A NCAC 02T . 0108(c)]
7. 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 General Statute 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 animal waste management system.
8. 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)]
9. If animal production ceases, the Permittee is responsible for developing, implementing and completing a
"closure plan" which will eliminate the possibility of an illegal discharge, pollution, erosion, and the
potential for injury. Closure shall include notifying the Division. —[15A NCAC 02T .1306(a)]
Should the Permittee desire to abandon the Waste -to -Energy 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 Waste -to -Energy System so as not to create any discharge. No
equipment shall be removed without prior approval from the Division. — [15A NCAC 02T .0108(b)]
10. This Permit shall become voided unless the facilities are constructed in accordance with the conditions of
this Permit, the approved plans and specifications, and other supporting data. — [G.S. §143-215.1]
11. This Permit is effective only with respect to the nature and volume of wastes described in the application
and other supporting data for Benson Farm. The Permittee shall notify the Division immediately of any
applicable information not provided in the permit application. — [G.S. §143-215.1]
Any proposed modification to an animal waste management system component shall require approval from
the Division prior to construction.
12. 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 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-
215.1OC and 15A NCAC 02T .1304(c)]
13. A set of approved plans and specifications for the Waste -to -Energy System must be retained by the
Permittee for the life of the system. — [15A NCAC 02T .0108(c)]
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Permit No. AWI310039
14. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon
receipt of the request, the Commission will review the adequacy of the facilities described therein, and if
warranted, will extend the permit for such period of time and under such conditions and limitations as it
may deem appropriate. — [15A NCAC 02T .01091
15. 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. — [I5A NCAC 02T .01101
16. 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.IOC;
d. The facility has maintained coverage under an individual permit or a COC under a general permit;
e. The Division issues an individual permit or a COC under a general permit issued pursuant to G.S. § 143-
215.1 OC 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. § 143-215.1 OC;
g. 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)]
17. The Groundwater Compliance Boundary is established by 15A NCAC 2L .0102 and 15A NCAC 2T .0103.
An exceedance of 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.
VII. PENALTIES
1. Failure to abide by the conditions and limitations contained in this Permit; the facility's CAWMP; and/or
applicable state law; may subject the Permittee to an enforcement action by the Division including but not
limited to the modification of the animal waste management system, civil penalties, criminal penalties and
injunctive relief. — [15A NCAC 02T.0110]
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 T. 0108(b)]
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VIII.
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
20171
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)1
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:
• 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. §143-215.1OB]
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.I0B(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)]
Director means the Director of the North Carolina Division of Water Resources.
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Permit No. AWI310039
Ditch means any man-made channel for the purpose of moving water off a site to the surface waters. — [15A
NCAC 02T T. 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. — [15A 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.
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 T. 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. — [I5A NCAC
02T . 0108(b) and. 1304(b)]
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)J
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. — [I5A NCAC
02T .0103(41)]
Waste means animal waste. — [G.S. §143-215.]OB(2)J
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 31 st day of March 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Dooccu/Siigned by:
98F7A67B5CCA425...
S. Daniel Smith, Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI310039
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DocuSign Envelope ID: 7BA1A532-1D95-4DBC-B7CA-15FC0193E748
Permit No. AWI310039
Permit No. AWI310039
March 31, 2021
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 Registration No.
Date
21 March 31, 2021