310185_Add-Info Response_20231207

December 7, 2023
Christine Lawson, Engineer
NCDEQ Division of Water Resources
Animal Feeding Operations
1636 Mail Service Center
Raleigh, NC 27699-1636
Subject: Response to Additional Information Request
Application No. ADS310185
Jim Grady and Sons, Inc.
Sampson County
Dear Mrs. Lawson,
CAVANAU G H
Stewardship Through Innova,,.
Cavanaugh & Associates, P.A., on behalf of Michele Grady has reviewed your Additional Information
Request, dated November 7, 2023, for the subject permit modification application for 'Jim Grady and
Sons, Inc.', which is noted to have been received by the Division on May 30, 2023; and has developed
responses and additional supporting information to address each item in your letter. For your
convenience, we have repeated the comments below in bold font, followed by the responses in
italicized font.
1. Nutrient Management Plan (NMP) —The NMP submitted is dated 9-1-2011 and the irrigation
map was not included. The application form stated that the new NMP is pending by the
owner. Per our conversation during the June 26,2023 site visit, the new digester will be located
in one of the current land application fields.
a. Please provide the updated NMP.
b. Please provide the updated irrigation map.
Response: The updated NMP and irrigation map will be coming separately from the owner
2. Setbacks — Sheet C.2.4.3 shows that the location of the proposed digester does not meet the
Siting Act requirements for:
a. distance from property boundary, which is 500 ft, G.S. §106-803(a)(3). As shown, the
digester top of embankment is less than 500 feet from the property boundary with
Benjamin L Grady Sr. & Others, Duplin PIN 247700782996
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).
Response: The owner is working with the applicable property owners to obtain necessary
easements and understands that these must be in place at the time of
construction to remain in compliance with G.S. 106-803(o)(1). We appreciate
the Division pointing this item out.
3. 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.
a. 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.
Response: The applicant plans to begin export of the renewable energy resource within 6
months of collecting gases in accordance with Session Law 2023-63 (2023 Farm
Act).
b. 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.
Response: The applicant has made arrangements for the use of a portable flare should the
need arise, which will be available and used if necessary for compliance with
Session Law 2023-63.
4. Waste Level Gauge — Please indicate location/method for measuring waste levels in the
digester, as it does not gravity feed to the secondary containment.
Response: We are unclear of the use of "secondary containment" in this comment; the
liquid level in the digester will be observed and measured via the level control
station.
5. Tail Gas from Gas Upgrading System (GUS) — Plans indicate that a GUS will be installed onsite
to process the biogas. Plans indicate that remnant gas from GUS will be vented on -site. Please
verify that this complies with Air Quality regulations. Also please identify location of nearest
residences and any odor control BMPs to be implemented.
Response: A Gas Upgrading System (GUS) will be installed onsite, and the non -methane
portions of the biogas (remnant biogas) will be returned to the downstream
lagoon. The anaerobic digester doesn't create more biogas than the existing
lagoon system, it simply provides a method for capturing it, the remnant biogas
will be entrained back into the lagoon liquid, which will assist with improved
odor control, and will be naturally emitted as per the previously permitted
facility.
6. 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.
Response: A determination has been made that the emissions fall below the minimum
threshold for permitting; separate communications and correspondence have
been concluded with the Division of Air Quality regarding this topic.

Thank you for your assistance and review of the permit application package. Please do not hesitate to
contact our office should you have any questions, comments, or require any additional information.
Regards,
Cavanaugh & Associates, P.A.
44 1117
6 ir
Jeff P. Cappadona, P.E.
Attachments
cc: Michele Grady