310750_Add-Info Request_20231201

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
James Brice
Brice/Usher
725 Old Camp Rd
Rose Hill, NC 28458
Dear James Brice:
NORTH CAROLINA
Environmental Quality
December 1, 2023
Subject: Additional Information Request
Application No. ADS310750
Brice/Usher
Duplin County
The Animal Feeding Operations Program of the Division of Water Resources (Division) has completed a
preliminary review of the subject application received on September 11, 2023, for permit coverage under
Swine Farm Digester Waste Management System General Permit AWG400000 to construct a new
synthetically lined digester to capture biogas as a part of the proposed farm digester system at Brice/Usher.
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.
❑ Nutrient Management Plan (NMP) — The NMP submitted is dated 11-29-2018. The application
form stated that the new NMP is pending by the owner. Per our conversation during the November
17, 2023 site visit, the new digester will be located in one of the current land application fields.
o Please provide the updated NMP with an updated irrigation map.
❑ Mailing Address —The Mailing Address shown on the application is blank. The address shown on
this letter is the address of record. Please verify/correct address as appropriate.
❑ 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.
❑ Lagoon embankment —During the site visit conducted November 17, 2023, I noted that some areas
on the east embankment of lagoon S-4-1991 did not have sufficient vegetative cover. Please
describe plans for embankment maintenance/repair.
❑ Waste Level Gauge — Please indicate location/method for measuring waste levels in the digester,
as it does not gravity feed to the secondary containment.
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

James Brice
ADS310750
Additional Information Letter
December 1, 2023
Page 2 of 2
❑ 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 [phone].
Sincerely,
DocuSigned by:
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Christine B. Lawson
Engineer
Animal Feeding Operations
cc: Wilmington Regional Office, Water Quality Regional Operations Section — via email
Laserfiche — File No. 310750
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
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