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HomeMy WebLinkAbout820254_Waste Utilization Plan_20231005r e SLUDGE APPLICATION PLAN PRODUCER: Bearskin Facilities 82-254 LOCATION: Sampson County TELEPHONE: 910-293-3434 TYPE OPERATION: Wean - Feeder NUMBER OF ANIMALS: N/A (Design Capacity) The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 21-1.0217 adopted by the Environmental Management Commission. Page 1 _ WASTE UTILIZATION PLAN Amount of sludge(gallons). Amount of Plant Available Nitrogen (PAN) Produced Per Year 618,000 gallons x 18.55 Ib.s PAN/1000 gallons 11,464 lbs. PAN/year. (PAN from N.C. Guide Std. 633) Tech 11,464 Total Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner The following acreage will be needed for waste application based on the crop to be grown and surface application: Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Tvoe Per Acre Utilized Application 0 0.00 (See page 10) 0 0 0 0 0 0 0 j 0 o 0 Total 0.00 - *This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic yield expectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 2 WASTE UTILIZATION PLAN Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land [see Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of * See footnote for Table 1. Totals from above Tables Acr Table 1 Table 2 Table 3 Total Amount of N Produced Surplus or Deficit es Lbs. N Utilized 0.00 - 327.80 11,473 0.00 0.00 327.80 11473.00 11,464 NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrient or other elements. Page 3 WASTE UTILIZATION PLAN See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. _ Rate Amount In. THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: SB515 setbacks apply. They are as follows: 1. 100' from water supply well 2. 200' from residence 3. 50' from public ROW. 4. 50' from property line not owned by the producer or lessor. 5. 75' from blue -line stream Actual sludge analysis should be used for all recordkeeping. Records should be kept on SLD2 forms after applications documenting volumes applied. This sludge plan is for 2 separate facilities. Grower must keep application records at both facilities. Records should indicated which facilit and lagoon the sludge applied is from. Page 4 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 - Filter Strip). Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. Animal waste shall not be applied to saturated soils, during rainfall events, or when the Page 5 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. The potential for salt damage from animal waste should also be considered. 10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of the crop or forages breaking dormancy. Any new swine facility sited on or after October 1, 1995 shall comply with the following: 11 The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from any perennial stream or river (other than an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips). 12 Animal waste shall not be applied closer than 100 feet to wells. 13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. Waste shall be applied in a manner not to reach other property and public right-of-ways. 14 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by 15 discharge or by over -spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land application site by a "technical specialist'. Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall 16 not be discharged into the animal waste management system. Page 6 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc., are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. 18 if animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be kept on site. Animal waste can be used in a rotation that includes vegetables and other crops for direct 20 human consumption. However, if animal waste is used on crops for direct human consumption it should only be applied pre -plant with no further applications animal waste during the crop season. Highly visible markers shall be installed to mark the top and bottom elevations of the 21 temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume for waste storage ponds. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually 22 at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metal approach excessive levels. pH shall be adjusted for optimum crop production and maintained. Soil and waste analysis records shall be kept for five years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. Page 7 WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm: Bearskin Nurse Owner / Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environment Management (DEM) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by DEM upon request. Name of Facility Owner: Murphy Brown, LLC (Please print) Signature: ' Date: Name of Manager (If different from owner): Signature: Date: Name of Technical Specialist: (Please print) Toni W. Ki Affiliation Address (Agency) Murphy Brown, LLC PO Box 856 Warsaw, NC 28398 (910) 293-3434 Signature: Date q - aB a3 Page 8 WASTE UTILIZATION PLAN ANIMAL WASTE UTILIZATION AGREEMENT (Needed only if additional land has to be leased, etc.) I, , hereby give permission to apply animal waste from his Waste Utilization System on of my land for the duration of time shown below. acres I understand that this waste contains nitrogen, phosphorous, potassium, and other trace elements and when properly applied should not harm my land or crops. I also understand that the use of waste will reduce my needed for commercial fertilizer. Adjacent Landowner: Waste Producer: Technical Representative: SW CD Representative: Date: Date: Date: Date: Term of Agreement: , 19 to 120 (Minimum of Ten Years on Cost Shared Items) (See Required Specification No. 2) Page 9 WASTE UTILIZATION PLAN Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Tvpe Per Acre* Utilized Application 65 Shorty 489 Ra Cover Crop 35 1.00 35.00 Sept -April 65 Shorty 492-496 NoA Cover Crop 35 43.00 1,505.00 Sept -April 65 Shorty 499-501 GoA Cover Crop 35 17.00 595.00 Sept -April 5a Andrew, 5-16 Na Cover Crop 35 50.80 1,778.00 Sept -April 5a Andrew 17-25;44-49 ExA Cover Crop 35 75.00 2,625.00 Sept -April 5a Andrew 26-43 ExA Cover Crop 35 91.00 3,185.00 Sept -April 17 Junior F 41-45 AyB Cover Crop 35 50.00 1,750.00 Sept -April TOTAL 327.8 11473.0 Page 10 a BEEN o o Patti ` 'Dfa;( Ft Ln F+FANN W W I..r ^' O crr O to O to " N o00000 W D rz.c�.it, D 3 OvtOwiOv-n 00000000up s: O Q O 0 0 0 0 Ov N co 0 0 0 0 0 0 0 o O rt O hel-Irl��nnn W N F-� F-j u8 5 Oo V W fV tD a age RG ONONN.P wwwwwwww ram. n n n n n n n n vvUvvvvv a 950 a z trD�Prc.•,�r �iJ. � I tO co D agpuaS ti 4-0 S B"tlBe o RU w tv acts � m cu m T a 0 o (P tail I cm qb _ �( ' �drrnR•f f?rays„• Ln z s c° "'" �_ VI O Ln O vi O to 0 °WyQ17V. -p 00000000 W rD o000000aDa _- O OOOOOOOOC 0 t I I I 1 1 I 1 fC - A 1-i vi Ln 1-n N N W W la Ln Ln wn Cl0 0 0 0 0 0 0 0 0 0 a - 0 00ooao00o0,� O O N 0 0 0 0 Cl 0 0 0 0Ln C to 0 0 0 0 0 0 0 0 0 � w w w w a w w w w w � Z n n n n n n n n n n vvv�..�vvvvvv r to a � N I n A-0 9. n s) _ n ., &. 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OP U P la G7 j> to .a 0 00000 "20. 00000. � o - � 0 0 0 0 0^ N V P V 0 D t W 0' 0. A� '0 Coco 0�- 6 CA Ln OONO V D D cocoa 0 n= D 00000 0 d �7p a OJ wW OD CO V VNV �O yy 0 0 0 0 0' e 0 0 0 0 0 v LJ 0 0 0 0 0 = 0000o e - 0 P V w OD V ropyA�3y 00000 z' 00000 - i N '- W V W CA 0 O O0000LAJ P A P V W O N O N y O OOoo Z0. 00000 10 O N O NCO [O OSO0O 00 fD w 01 D F+ to CO �0000 000o ZO n= 00000 3 MASTER SERVICES AGREEMENT This Master Services Agreement (this "Master Agreement"), dated 9 2 fit- 2.3 . 202 3(the "Effective Date"), is entered into by and between Smithfield Foods, Inc., a Virginia corporation ("Smithfield"), on behalf of the Customers (defined below), and Service Provider: Name: _ _ _I, The parties hereby agree: ("Service Provider"). 1. Term. The Term of this Master Agreement will begin as of the Effective Date and will terminate upon the later of (a) three years from the Effective Date, and (b) the latest termination date provided for in an effective SOW (defined below), unless earlier terminated in accordance with the provisions of this Master Agreement (the "Initial Term"). Thereafter, this Master Agreement shall automatically renew for successive one year terms, each commencing on the anniversary of the Effective Date (each, a "Renewal Term") unless Smithfield provides Service Provider with notice of non -renewal at least 30 days prior to the end of the Initial Term or any Renewal Term (the Initial Term, together with any Renewal Term, the "Term"). Notwithstanding the foregoing, the Term shall survive until all SOWs (defined below) have expired or terminated in accordance with their terms. 2. Definition of Customer. "Customer" means the Smithfield parry signing a SOW, which may be Smithfield or Smithfield's direct or indirect subsidiary, including each such party's respective successors, predecessors, and assigns. Each Customer that enters into a SOW with Service Provider under this Master Agreement will be solely responsible for paying for Services (defined below) performed under that SOW. The obligations of each Customer that receives Services are several and not joint. Unless Smithfield enters into a SOW, Smithfield has no obligation to Service Provider as a Customer and does not guarantee any Customer's payment or performance. 3. Definition of Services. The "Services" include all the work to be provided by Service Provider pursuant to a SOW (defined below), including any documentation, items, or materials prepared by or for the Service Provider in the course of the performance of the services under a SOW. 4. Statements of Work. From time to time during the Term, upon request by Customer and agreement by the Service Provider, Service Provider will provide certain Services to Customer. This Master Agreement sets forth the terms and conditions under which the Service Provider will provide Services to Customer(s) pursuant to one or more statements of work ("SOW'). A SOW may take the form of amutually executed written agreement, a quote, or a purchase order submitted by Customer to Service Provider. Each SOW will provide the following information, as applicable: (i) a description of the Services and any goods, hardware, or equipment being provided as part of the Services (the "Goods"), if any, and full specifications, performance criteria and acceptance criteria; (ii) the price and payment schedule; (iii) a description of the location(s) where the Services will be performed; and (iv) a schedule for the performance of the Services (clauses (i)-(iv), collectively, the "Basic Terms"). Any SOW pursuant to which Services are provided to a Customer during the Term shall be deemed to incorporate the terms of, and be governed by, this Master Agreement, whether or not the SOW references this Master Agreement, and any terms that are not Basic Tarme added or raferenced tay Service Provider (including online legal terms or standard terms or conditions) will have no effect. Each SOW, together with its attachments, and this Master Agreement, together with its attachments (each as may be amended from time to time), are collectively referred to as the "Agreement." In the event of a conflict between this Master Agreement and a SOW (including any attachments), this Master Agreement shall prevail unless the SOW specifically references the provision of the Master Agreement that it is superseding. The relationship between the parties is not exclusive. 5. Acceptance. The Services are subject to Customer's reasonable satisfaction and approval. Customer has no obligation to pay for Services that do not meet the agreed upon standards of service or Revised 11.2.22 acceptance criteria. Customer will not withhold unreasonably its acceptance of any Services. Customer shall notify Service Provider of its acceptance or rejection of any Services within 30 days of receipt of the Services, or such other review period as the parties agree upon in the applicable SOW. In the event of rejection, Service Provider shall correct any deficiencies at its sole expense and resubmit such deliverable within five business days of Customer's rejection, or such other correction period as the parties agree to in the applicable SOW. If Service Provider does not correct the Services within 60 days from the date of initial delivery to Customer, (x) Customer may, at its option, reject, in whole or in part, the unaccepted Services and any previously accepted Services if the value of the previously accepted Services would be materially diminished without completion of the unaccepted Services, and (y) Service Provider shall refund Customer's payments for the rejected Services to Service Provider under the relevant SOW within 30 days. 6. Compensation. (a) Fees and Expenses. Customer agrees to pay the undisputed fees for the Services set forth in the SOW. Customer will reimburse Service Provider for reasonable, pre -approved, out-of-pocket expenses incurred in providing Services pursuant to a fully -executed SOW. (b) Invoicing and Payment. If invoicing and payments are tied to milestone payments, a payment schedule shall be included in the SOW. Unless otherwise set forth in the SOW, Service Provider will invoice monthly in arrears at the rates agreed upon in the applicable SOW. All undisputed amounts due to Service Provider and set forth on a correct invoice delivered to Customer shall be due and payable 60 days after Customer's receipt of such invoice, provided that Customer will be entitled to a 2% discount if Customer pays such invoice within 20 days of receipt. Unless otherwise set forth in the SOW, Service Provider shall not invoice Customer, and Customer will not be obligated to pay, any amounts that are not properly invoiced within 90 days after the end of the month to which such charges correspond. If any Customer has a claim against Service Provider resulting from any SOW under this Master Agreement or any other transaction, Customer may deduct or set off disputed amounts from Service Provider's claims for amounts due. (c) Records and Audits. Service Provider shall maintain, and shall cause any subcontractor to maintain, at all times during the Term, complete and accurate records and supporting documentation pertaining to all fees, charges, and financial matters under the Agreement (collectively, "Records"), Service Provider shall retain all Records for such period as required by any Law (but in any event, at least one year after performance of the Services). Smithfield or its designee shall have the right (but not the obligation), upon reasonable notice to Service Provider, during the performance of the Agreement, and for one year following the expiration or termination of this Master Agreement, to audit and inspect Service Provider's and its subcontractors' Records and compliance with the terms of this Master Agreement and each SOW. 7. Representations and Warranties. Service Provider represents, warrants, and covenants that: (a) Service Provider, its subcontractors, and agents shall render the Services (i) using personnel that have the necessary knowledge, training, skills, experience, qualifications, and resources to provide and perform the Services; (ii) in a prompt, professional, diligent, workmanlike manner consistent with industry standards applicable to the performance of such Services; and (iii) in strict accordance with the Agreement and with all applicable laws, ordinances, statutes, rules, and regulations of any federal, state, or local governmental body or unit, including those regarding business permits and licenses ("Laws"); (b) any Goods that are delivered as part of the Services will (i) conform to the terms of the SOW and all applicable samples, drawings, standards, specifications, performance criteria, and any other description provided to Customer; (ii) be free from defects in material, workmanship, or design; (iii) be merchantable, safe, and appropriate for the purpose for which Goods of this kind are normally used and the purposes, if any, stated in the SOW; (iv) together with its packaging, labeling, and accompanying Revised 11.2.22 materials be properly contained, packaged, marked, and labeled for shipping; (v) not infringe the rights of any third parties (including intellectual property and contractual rights); (vi) not be subject to any license terms or other proprietary rights pertaining to the Goods (except as expressly disclosed to Customer prior to SOW issuance) that limit or otherwise restrict Customer's right to use the Goods in accordance with its intended purpose and the SOW; and (vii) at the time of delivery, be free from all mechanic's, materialmen's, and any other liens and encumbrances; (c) the Services, including any deliverables and materials provided as part of the Services, do not violate or infringe the rights of any third party, including (i) proprietary and non -disclosure rights, (ii) copyrights, patent, or other intellectual property rights, or (iii) contractual rights; (d) Any deliverable will conform to the terms of the Agreement, including the specifications for such deliverable set forth in the applicable SOW; (e) Service Provider shall pass on or assign to Customer the full benefit of any manufacturer's or supplier's warranty for any Goods associated with the Services; (f) Without limiting any remedy available under the Agreement or under Law, Service Provider will, at its sole expense, promptly (i) correct any deficiency in the Services and (ii) at Customer's option, replace or refund any defective Goods. 8. Compliance. Service Provider personnel shall comply with the Customer's standard workplace security, administrative, safety, and other rules, regulations, policies, and procedures, including any network or other security requirements made available to Service Provider personnel. If performing Services at a Customer location, Service Provider must sign and be bound by the terms and conditions set forth in the Smithfield Service Provider Handbook, which is designed to meet OSHA requirements for Service Provider Notification and outlines Customer's rules for safety, environmental, and emergency procedures. Service Provider acknowledges that it has (a) received a copy ofthe current Smithfield Service Provider Handbook, which may also be viewed at http://www.smitl!£ieldfoods.com/TAC/Smith ii0d- Contractor-Handbook.Wf and (b) reviewed and will comply with the Smithfield Supplier Code of Conduct, available at: httpJ/www.smithfieldfoods.comlour-policies-and-disclosures/supplier-conduct#. 9. Eauinment. Unless otherwise agreed to in writing, Service Provider shall use only its own tools, materials, and equipment to perform the Services, and shall provide such tools, materials, and equipment at its own expense. If Service Provider sells any Goods to Customer, or purchases any materials or equipment for the benefit of Customer, the terms of such purchase and sale will be subject to the terms of the applicable Uniform Commercial Code, unless there is a negotiated agreement covering materials or purchases of Goods between the parties. Any space, materials, equipment, or other items provided by Customer to Service Provider shall be as agreed in the applicable SOW and shall be provided "AS IS" and according to the Customer's instructions and terms of use. 10, Indemnification. Service Provider will indemnify and hold Smithfield, each Customer, their respective parents, affiliates, direct and indirect subsidiaries, and their respective directors, managers, officers, employees, partners, contractors, and agents (the "Indemnitees") harmless against any and all costs, losses, damages, payments made in settlement, and expenses (including reasonable attorneys', accountants', and experts' fees and expenses) and defend the Indemnitees against all claims, demands, suits, actions, or other proceedings by third parties arising from or relating to Service Provider's or Service Provider's subcontractors' or agents' (including the employees and contractors of any of the foregoing) performance of its obligations under the Agreement or by reason of any act or omission of Service Provider or Service Provider's subcontractors or agents (including the employees and contractors of any of the foregoing). Notwithstanding the previous sentence, Service Provider shall have no obligation to indemnify or hold harmless the Indemnitees from claims to the extent arising from the negligence or willful misconduct of any Indemnitee. 3 Revised 11.2.22 11. Insurance. During the Term and for a minimum of one year following the termination or expiration of the Term, Service Provider shall, and shall ensure that its subcontractors, carry and maintain at its own expense insurance of the type, minimum coverage amounts, and other terms set forth in Exhibit A. Service Provider will email Customer or its designee with certificates evidencing its insurance coverages on an annual basis. 12. Termination: Survival. (a) Either party may terminate this Master Agreement or any SOW (each, in whole or in part) upon ten days prior written notice ofthe other parry's breach of any material term ofthis Master Agreement or any SOW. (b) A Customer may terminate the Master Agreement and any SOW, with or without cause, upon 24 hour prior written notice to Service Provider, provided in the event of a termination for convenience, Customer shall pay Service Provider for all Services rendered pursuant to Customer's satisfaction prior to Service Provider's receipt of notice of termination. (c) A party may terminate immediately this Master Agreement or any SOW by written notice to the other party upon the occurrence of any of the following events: (i) a petition in bankruptcy is filed against the other party, whether voluntary or involuntary, under the United States Bankruptcy Code; (ii) the other party makes an assignment for the benefit of its creditors; (iii) the other party is the subject of a proceeding to appoint a trustee or receiver for its assets; or (iv) the other party is dissolved or liquidated, and the other party does not discharge such petition or otherwise cure such event within 45 days of its filing. (d) Notwithstanding the expiration or earlier termination of the Services, this Master Agreement or any SOW for any reason however described, the following Sections of this Master Agreement shall survive any expiration or termination: 6(c� 7, 10, 11, 12(d), 13-15, 17, 19. 13. Intellectual Propert.. (a) Service Provider shall retain all intellectual property rights in any proprietary technology, information, works of authorship, or products (i) owned or created by Service Provider prior to the Effective Date; or (ii) created or developed by Service Provider outside the scope of the Services in this Agreement. (b) Service Provider acknowledges and agrees that the Services provided pursuant to the Agreement will not convey or grant to Service Provider any right, title, or interest in or to any intellectual property of Smithfield, each Customer, their parents, affiliates, and direct and indirect subsidiaries, and their respective successors, predecessors, and agents (collectively, the "Smithfield Parties'). Except as expressly set forth in Section 13(a), any and all deliverables or materials made or developed by Service Provider for Customer in the course of performing the Services shall be owned by Customer, and Service Provider shall, and hereby does, or shall cause any applicable agent, employee, or subcontractor to, exclusively and irrevocably assign, transfer, and otherwise convey to Customer or its designee all right, title, and interest in and to such items, including all intellectual property rights pertaining to such deliverables or materials. (c) The Smithfield Parties' trademarks, trade names, and logos under which any Smithfield Party markets their goods and services, together with the Smithfield Parties' copyrights and know-how (collectively, the "Smithfield Marks") are and shall remain the sole and exclusive property of Smithfield. No Agreement conveys any right to use the Smithfield Marks to any other party. Service Provider may not use or publish any Smithfield Party's name or marks in any advertising, sales promotion, press releases, or publicity matters without Smithfield's prior written approval. 4 Revised 112.22 14. Confidential- . (a) "Confidential Information" means information of a confidential or proprietary nature about a party or its affiliates, including operational, financial, and technical information and trade secrets, regardless of whether or not such information is marked or otherwise designated as "confidential", and -regardless of whether such information is disclosed in oral or written format or otherwise learned through visual observation. The terms of this Master Agreement and each SOW shall be considered Confidential Information. Service Provider and Customer shall (i) hold such Confidential Information in strict confidence and shall not reveal any Confidential Information to third -parties other than to the recipient's affiliates and their respective employees, agents, or representatives who have a need to know such Confidential Information in conjunction with performance under the Agreement; and (ii) not use the Confidential Information of the other party except as required to perform its obligations under, or otherwise enforce its rights pursuant to, this Agreement. Confidential Information does not include any information that is or becomes generally available to the public through sources independent of the recipient and through no fault of the recipient, is independently developed or known by the recipient prior to its disclosure by the disclosing party, or has become lawfully available to the recipient from a source that was under no obligation to treat the information as confidential. All Confidential Information is the exclusive property of the party furnishing such Confidential Information, and nothing in this Master Agreement or any SOW shall be construed as granting any rights, by license or otherwise, to any Confidential Information except as expressly set forth in this Master Agreement. (b) A party may disclose the other party's Confidential Information as may be required by Law or order of a competent authority with appropriate jurisdiction, provided that the recipient, if legally permissible, shall give written notice to the disclosing party prior to such disclosure to allow the disclosing party a reasonable opportunity to seek a protective order or other appropriate relief. Each party shall safeguard the Confidential Information of the other party to the same extent that such party safeguards its own confidential materials or data relating to its own business, and in no event with less than a reasonable standard of care. Customer and Service Provider each acknowledge that monetary remedies may be inadequate to protect rights in the Confidential Information and that, in addition to legal remedies otherwise available, the disclosing party shall be entitled to seek injunctive relief to protect such rights. (c) At any time upon the disclosing parry's request, and immediately upon the expiration or earlier termination of the Master Agreement or any SOW for any reason, the recipient shall (x) promptly return the Confidential Information in such format as may be reasonably requested by the disclosing party or (y) destroy all of the disclosing party's Confidential Information remaining in the possession, custody, or control of the recipient or its representatives and certify such destruction in writing. In addition, Service Provider shall promptly deliver to Customer (i) all other property owned by Customer, including all security access cards and similar devices; and (ii) all deliverables, whether completed or in progress, as well as all materials that were furnished to Service Provider by any Smithfield Party or that were prepared or procured by Service Provider for the Services. 15. Dispute Resolution. Each Agreement is governed by, and will be construed and enforced in accordance with, the laws of the Commonwealth of Virginia, without giving effect to conflict of law principles. Further, the parties agree that any claims or causes of action (whether in contract, tort or any other theory) that may be based upon, arise out of or relate to the Agreement, or the negotiation, execution or performance of the Agreement, shall be brought and prosecuted exclusively in the federal or state courts (as applicable) located in the Eastern District of Virginia. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding (whether in contract, tort, or any other theory) arising out of or related to this Master Agreement and each SOW, or the negotiation, execution, or performance of this Master Agreement and each SOW. 16. Assienment and Subeontractip% None of Service Provider's rights or duties are assignable or delegable, in whole or in part, without Customer's prior written consent, which may be withheld in Customer's sole discretion. Customer may at any time assign or transfer any or all of Revised 11222 Customer's rights or obligations under this Master Agreement and any SOW to a person controlling, controlled by, or under common control with Customer, or to any person that acquires the facility being served in such SOW. Any attempted assignment that does not comply with the terms of this Section shall be null and void. Except to the extent expressly permitted under a SOW, Service Provider shall not subcontract any of its duties or retain third parties to furnish services to it, in connection with Service Provider's performance of this Agreement without the prior written consent of Customer. Service Provider will remain solely liable for the performance of the Services and will ensure that subcontractor complies with each of the terms and conditions of this Agreement. 17. Notices. Whenever one party is required or permitted to give a notice, communication, or consent to the other party under the Agreement, such notice, communication, or consent will be in writing unless otherwise specifically provided in this Master Agreement or in the SOW. Except for certificates of insurance (which shall only be emailed), all notices to Customer must be both emailed and mailed. Notices will be deemed received one day after being given to a nationally recognized courier service or express courier with a reliable system for tracking delivery, or three days after the day of mailing when mailed by U.S. registered or certified mail, return receipt requested, postage prepaid. Either party may change its address for notification purposes by giving the other party prior written notice of the new address and the date upon which it will become effective. 18, Independent Service Provider. This Agreement shall not be construed to create a partnership, joint venture, or employment relationship between the parties, and neither Service Provider nor Service Provider's directors, officers, managers, members, employees, agents, consultants, contractors, agents, or representatives shall be deemed to be employees of any Smithfield Party. 19, Miscellaneous. This Master Agreement, together with the applicable SOW, constitutes the entire agreement of the parties with regard to the Services and matters addressed in this Master Agreement and in the applicable SOW, and all prior agreements between the parties, letters, proposals, discussions, and other documents regarding the Services and the matters addressed in this Master Agreement and in the applicable SOW are superseded and merged into the Agreement. Notwithstanding the foregoing, any SOW between the parties that is active as of the Effective Date of this Master Agreement shall remain in full force and effect and shall be governed by this Master Agreement as of the Effective Date for the remainder of the term of such SOW. Any modifications to this Master Agreement or any SOW, and waivers of the terms in this Master Agreement or any SOW, shall only be made by a written document signed by both parties. No waiver of any breach of any provision of the Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties' original intentions as nearly as possible in accordance with applicable Laws. This Master Agreement and each SOW may be executed in counterparts. Each such counterpart shall be an original and together shall constitute but one and the same document. The parties agree that an electronic copy of the signature evidencing a party's execution of this Master Agreement and each SOW (including a .pdf file) shall be effective as an original signature and may be used in lieu of the original for any purpose. Interpretation of the Agreement shall be governed by the following rules of construction: (i) the headings contained herein are for reference purposes only and shall not affect in any way the meaning or interpretation of the Agreement and (ii) the Agreement was drafted with the joint participation ofboth parties and shall be construed neither against nor in favor. ofeither. Except as expressly stated otherwise in the Agreement, the remedies available to the parties under the Agreement and at law and in equity shall be cumulative and are not exclusive, and the election of one remedy shall not preclude pursuit of other remedies. The parties do not intend, nor will any section hereof be interpreted, to create for any third -party beneficiary rights with respect to either of the parties, and the third -parry indemnitees identified in this Master Agreement will have the rights and benefits described in that section. [Signature Page Follows] Revised 11.2.22 IN WITNESS WHEREOF, the Parties have caused this Master Agreement to be executed as of the date first written above. SMITHFIELD FOODS, INC. SERVICE PROVIDER: By: By: Name: Name: Title: Title: &--o n PP Dated: Dated: 9- 2 �-- 43 NOTICE ADDRESS: NOTICE ADDRESS: Name: Smithfield Foods, Inc. Name: Attn: Law Department Attn: Address: 200 Commerce Street Address: Smithfield, VA 23430 Email: iav,, Email: Certificates of insurance should be sent to: i nsuranreycOsm ithfield.com Attachments: Exhibit A — Insurance Requirements Revised 11.2.22 Animal Waste Utilization Agreement Bearskin Nursery Smithfield Hog Production Division 1, �iy�/tJ _ , hereby give Smithfield Hog Production Division permission to apply animal waste from the waste utilization system on 328 acres of my land for the duration of time specified below. I understand that this waste contains nitrogen, phosphorous, and other trace elements and when properly applied should not harm my land or crops. 1 also understand that the use of wase will reduce my overall needs for commercial fertilizer, and that Nitrogen limitations exist based on individual farm Waste Utilization Plans. After the completion of animal waste application, Smithfield HPD shall provide said Landowner / Farmer with a Nitrogen total of animal wase derived nutrients vs. remaining nutrients allowed in the Waste Utilization Plan. This lease will stand year over year after the end of the lease agreement unless the Landowner or Smithfield HPD provides written notification no later than 90 days from termination date. Land Owner: Date: 10/4/23 Technic Michael Norris V al Representative: Date: 10/4/23 Term of Agreement 10/1/23 to 11/30/23