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Home My WebLink About240002_Application_20230824gn00 Notification of Change of Ownership 24 2Q25 Animal Waste Management Facility (Please type or print all information that does not require a signature) wamma In accordance with the requirements of 15A NCAC 2T .1304(c) and 15A NCAC 2T .1305(d) this form is offiation to the Division of Water Resources (DWR) of the transfer of ownership of an Animal Waste Management Facility. This form must be submitted to DWR no later than 60 days following the transfer of ownership. General Information: Previous Name of 1 Previous Owner(s) .y No: q No:— New Owner(s) Name Q Ail r(r'p d W/+ 1 n Phone No: qln - a,�Q- Llgy New Farm Name (if applicable): t' O r Mailing Address: W 8 L4 TI2 d W e- v i 11 P- IV C— a g Li 7 7-- Farm Location: Latitude and Longitude: 3 N d-Z 0,:5' / -71? Li 7 / a - County:, Please attach a copy of a county road map with location identified, and provide the location address and driving directions below (Be specific: road names, directions, milepost, etc.): Operation Description: Type of Swine No. of Animals ❑ Wean to Feeder Feeder to Finish �QgO ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Type of Poultry ❑ Layer ❑ Pullets No. of Animals Type of Cattle No. of Animals ❑ Dairy ❑ Beef Other Type of Livestock: Number ofAnimals: Acreage Available for Application: Required Acreage: O -IqV Number of Lagoons / Storage Ponds: �� Total Capacity: 54^t 0 6c- oO ubic Feet (0) Owner / Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the Certified Animal Waste Management Plan (CAWMP) for the farm named above and will implement these procedures. I (we) know that any modification or expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a permit modification before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that this facility may be covered by a State Non -Discharge Permit or a NPDES Permit and completion of this form authorizes the Division of Water Resources to issue the required permit to the new land owner. Name of Previous Land Owner: 0,61w ci do" -, t e-,& Signature: _ Date: Name of New Land Owner: Name Signature: Please sign and return this form to: N. C. Division of Water Resources Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Date: X - -2 / - .Z5 Date: ff-- -21 ` - 23 April 23, 2012 J lew e- / rh e- Kno I.J i 7" yvr� n c,Lct xnvA 4inj e-& . d nj 6/4, 6,6 dw 9! o-�3q- g6_�.t' ASSIGNMENT AND ASSUMPTION OF CONTRACT —Af"lr Yok THIS ASSIGNMENT AND ASSUMPTION OF CONTRACTS ("Assignment") is made this 71� d.ay of July, 2023 ("Effective Date"), by and between Diana Mercer Collins, a citizen and resident of Columbus County, North Carolina ("Assignor"), and Four G Farms, LLC, a limited liability company organized and existing under the laws of the State of North Carolina ("Assignee"), (collectively, the "Parties") RECITALS WHEREAS, on June 29, 2022, Assignor and Murphy -Brown LLC d/b/a Smithfield Hog Production ("Murphy -Brown") entered into a written swine finishing agreement for Mr. Collins to sell feeder pigs to Murphy -Brown ("Murphy -Brown Contract") (Attached as Exhibit A); WHEREAS, on the terms and subject to the conditions more specifically described below and in the Settlement Agreement and Mutual Release between Assignor, Tony Godwin and Angela Godwin, and others dated July Zt, 2023 (the "Settlement Agreement"), Assignor desires to assign all of her rights and interests in the Murphy -Brown Contract to Assignee; WHEREAS, representatives from Murphy -Brown have consented to this Assignment in writing (Attached as Exhibit B); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Assignor hereby sells, transfers, assigns, conveys; and delivers to Assignee all of Assignor's right, title, and interest in, to, and under the Murphy - Brown Contract. 2. Assignee hereby assumes and accept the delegation of all of Assignor's right, title, and interest in and to the Murphy -Brown Contract and all liabilities and obligations of Assignor such that Assignor is relieved of all 1 responsibilities for the fulfillment of any term and condition of and under the Murphy -Brown Contract. 3. Effective _Date of Assignment. Assignor's assignment of the Assigned Contract shall be effective on the Effective Date of this Assignment. Upon and after the Effective Date, Assignee shall be solely responsible for the tax consequences and obligations of the Assigned Contract. 4. The Parties agree that no Party bears any responsibility for tax consequences or tax obligations, incurred by any other Party, associated with this Assignment, the related documents, and with respect to the transactions set forth in this Assignment. 5. Assignor and Assignee agree that Assignor shall not be liable for any action by Murphy -Brown or Assignee to terminate the Murphy -Brown Contract subsequent to the Effective Date of this Assignment. 6. Further Documents and Cooperation. Assignor and Assignee agree that from time to time at the other's request, Assignor or Assignee will use their best efforts to execute and deliver such further instruments of conveyance and transfer and take such other actions as may be reasonably required to more effectively carry out the purposes of this Assignment. 7. Complete Agreement/Modification in Writing. This Assignment embodies the entire agreement between and among the Parties as to the matter herein and therein. The representations, warranties, covenants, agreements, and indemnities contained in this Assignment shall not be superseded hereby but shall remain in full force and effect to the full extent provided therein. This Assignment supersedes all prior agreements and understandings, if any, relating to the subject matter hereof, and this Assignment may be amended only by an instrument in writing executed by all Parties. 8. Binding Nature of the Assignment. The Parties acknowledge that this Assignment shall be binding upon and inure to the benefit of the Parties' respective successors, executors, members, managers, and assigns. 2 9. Applicable Law. The Parties acknowledge that this Assignment is contractual in nature, not a mere recital, and that it shall be governed by, construed, and enforced in accordance with the internal laws of the State of North Carolina. Any disputes related to the Assignment shall be brought solely and exclusively in Columbus County, North Carolina. 10. Severability of Provisions. If, after the date hereof, any provision of this Assignment is held to be illegal, invalid, or unenforceable under present or future laws in effect during the term of this Assignment, such provision shall be fully severable and the remaining provisions shall remain effective and enforceable. 11. Free Will. The Parties are signing and entering into this Assignment without duress, and on the basis of an exercise of their own independent judgment and free will. The Parties acknowledge that they are executing this Assignment of their own volition, with full understanding of its terms and effects, in exchange for the consideration described herein, which they acknowledge is adequate and satisfactory to them. [SIGNATURES BEGIN ON NEXT PAGE] Diana Mercer Collins COUNTY, NORTH CAROLINA Sworn to (or affirmed) and subscribed before me this day by Diana Mercer Collins. Date: July a 4 2023 Si nature of Notary Public (Official Seal) flf-eP1 Psi. k' S'f� n (�vj, /Vd f �� PI'LI C. My commission expires:y 5 "a 1 RENEA K STANLEY Notary Public Bladen County North Carolina [SIGNATURES CONTINUE ON NEXT PAGE] 4 FOUR G FARMS, LLC By: (SEAL) Tony Godwin, Member/Manager COUNTY, NORTH CAROLINA Sworn to (or affirmed) and subscribed before me this day by Tony Godwin, Date: July 2"i_ 2023 Qp7 NOTAgk'0 MY � COMM MY ill Zp+AES C) Signature of Notary Public My commission expires: 10 v [SIGNATURES CONTINUE ON NEXT PAGE] EEGENE® 5 FOUR G. FARMS, LLC By: �� ~-- - (SEAL) Angela Godwin, Manager COUNTY, NORTH CAROLINA Sworn to (or affirmed) and subscribed before me this day by Angela Godwin. Date: Jule. ZT 2023 tAOrgpj,"o PMES UgLIC , C. a. a- J� Signature of Notary Public My commission expires: %v 4123