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
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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