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HomeMy WebLinkAbout820025_Add-Info Request_20231107ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Faison Investments, LLC Pork Plus PO Box 1015 Clinton, NC 28329-1015 Dear Faison Investments, LLC: NORTH CAROLINA Environmental Quality November 7, 2023 Subject: Additional Information Request Application No. ADS820025 Pork Plus 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 July 28, 2023, for permit coverage under Swine Farm Digester Waste Management System General Permit AWG400000 to construct one new synthetically -lined digester to capture biogas as a part of the proposed farm digester system at Pork Plus. 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.2.5.3 shows that the location of the proposed digester does not meet the Siting Act requirements for: O distance from property boundary, which is 500 ft, G.S. §106-803(a)(3). As shown, the digester top of embankment is 80 feet from the property boundary with Henry Preston Lucas and 40 feet from the property boundary with Goodson & Wells Farms, Inc. o distance from the nearest residence not owned by the producer, which is 1500ft, G.S. § 106- 803(a)(1). As shown, the digester top of embankment is less than 1500 feet from the nearest residence. This residence is shown as unoccupied and owned by HD3 Farms of the Carolinas, LLC. Please provide documentation of compliance with the Siting Act, either through additional setbacks or documentation of permission as described in G.S. §106-803(b). ❑ 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 Faison Investments, LLC ADS820025 Additional Information Letter November 7, 2023 Page 2 of 2 ❑ Irrigation Map/Nutrient Management Plan (NMP) —The NMP submitted is dated 11-11-2010 and the irrigation map was not included. Please provide irrigation map — updated as needed. ❑ Waste Level Gauge — Please indicate location/method for measuring waste levels in the digester, as it does not gravity feed to the secondary containment. ❑ 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. Sincerely, DocuSigned by: C,6S{ vx b, t4ws6w 715598463EA94B7... Christine B. Lawson Engineer Animal Feeding Operations cc: Fayetteville Regional Office, Water Quality Regional Operations Section — via email Laserfiche — File No. 820025 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