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HomeMy WebLinkAbout820303_Add-Info Request_20231102ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Warren Williams WTW Farms 383 Wilmington Rd Turkey, NC 28393 Dear Warren Williams: NORTH CAROLINA Environmental Quality November 2, 2023 Subject: Additional Information Request Application No. ADS820303 WTW Farms Sampson County The Animal Feeding Operations Program of the Division of Water Resources (Division) has completed a preliminary review of the subject application received on June 29, 2023, for permit coverage under Swine Farm Digester Waste Management System General Permit AWG400000 to convert an existing lagoon into digester to capture biogas as a part of the proposed farm digester system at the WTW Farms. Additional information is required before we may continue our review. Please address and submit the following item(s) within 30 (thirty) days of receipt of this letter. ❑ Setbacks — Sheet C.2.1.3 shows that the location of the proposed digester does not meet the Siting Act requirements for: o distance from setback from the nearest residence not owned by the producer, which is 1,500 feet, G.S. §106-803(a)(1). As shown, the digester top of embankment is 1287 feet from the nearest residence and 1,500 feet or slightly less from the next nearest neighbor. O distance from property boundary, which is 500 feet, G.S. §106-803(a)(3). As shown, the digester top of embankment is 115 feet from one property boundary and 334 feet from another. O distance from perennial stream is required to be 100 feet, per 15A NCAC 02T .1304(b)(11). As shown, the digester top of embankment design is exactly 100 feet from the perennial stream. Please take caution and field verify during construction to maintain this setback. ❑ Freeboard — NC NRCS Standard 366 — Anaerobic Digester requires a minimum of 2 feet of freeboard in the covered digester. Please verify that the digester will meet minimum freeboard requirements. ❑ Biogas Use as a Renewable Energy Resource — Session Law 2023-63 (2023 Farm Act) requires that the gases collected by a farm digester system begin to be used as a renewable energy resource as quickly as feasible, but no later than within six months of the collection of gases. Until the gases are being used as a renewable energy resource the gas shall be flared rather than vented. o Your application stated that the gas would be exported for use as a renewable energy resource within 12 months of construction. Please confirm that timeline also complies with Session Law 2023-63. o Your application indicated that no emergency flare will be provided. Please verify a flare would be available and used if necessary for compliance with Session Law 2023-63. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 NORTH CARCLINA 919.707.9129 Warren Williams ADS820303 Additional Information Letter November 2, 2023 Page 2 of 2 ❑ Waste Level Gauge — Please indicate location/method for measuring waste levels in the digester, as it does not gravity feed to the secondary containment. ❑ Nutrient Management Plan (NMP) — The NMP submitted is dated 4-26-2016 and the irrigation map was not included. Sheet C.2.1.1 indicates the "Center Pivot End Gun Shall be Adjusted as Necessary (Refer to Updated Waste Utilization Plan, By Others)". o Please provide and updated NMP. o Please provide irrigation map — updated as needed. ❑ Air Quality Permitting — Please provide general information regarding any Air Quality permits, and/or applicability determinations regarding this project. Please provide information about if applications have been filed, permits (if issued), and/or results of an applicability determination. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items shall result in future requests for additional information. Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, sealed and dated, submitted to my attention at the address below. Failure to provide this additional information on or before the above requested date may result in your application being returned as incomplete. If you have any questions regarding this letter, please feel free to contact me at (919) 707-3664 or Christine.Lawson@deq.nc.gov. Sincerely, IC IDocuSigned by:U,V'lS{ VX 6, (aWS6VG 715598463EA94B7... Christine B. Lawson Engineer Animal Feeding Operations cc: Wilmington Regional Office, Water Quality Regional Operations Section — via email Cavanaugh & Associates — Jeff Cappadona Laserfiche — File No. 820303 REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 NORTH CAROLINA 919.707.9129 onparhnem of EmironmanW 9uallly