310385_Permit (Issuance)_20231211

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

December 11, 2023

Earnest R. Kennedy
Hillari Farm
116 Church Road
Pink Hill, NC 28572
Subject: Permit No. AWI310385
Hillari Farm
Animal Waste Management System
Duplin County
Dear Earnest R. Kennedy:
In accordance with your zero-animal individual permit request, we are hereby forwarding to you this
Permit issued to Earnest R. Kennedy authorizing the operation of the subject animal waste management
system. You had indicated the animal population at this facility to be zero until such time as the waste
storage lagoon at this facility is properly closed.

This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste structures on the Hillari Farm, with an annual capacity of no greater than an annual
average of zero (0) Swine.

The Permit shall be effective from the date of issuance until November 30, 2028, and replaces the Permit
No. AWS310385 previously issued to this facility. You are subject to the conditions of this permit until
the closure of all waste storage basins and the rescission of this permit. You must submit a letter to the
Division of Water Resources to request rescission of the Permit by providing documentation of closure of
all containment basins.

The issuance of this Permit does not excuse the Permittee from the obligation to comply with all
applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights
in either real or personal property.

Per 15A NCAC 2T. 0111(c), a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards, a 100-ft separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.

Please be advised that any violation of the terms and conditions specified in this Permit may result in
revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the
Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief.

If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an
application for renewal must be filed at least 180 days prior to expiration.

DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

This Permit is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.

If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.

This facility is located in a county covered by our Wilmington Regional Office. The Wilmington Water
Quality Regional Operations Section Staff may be reached at [phone]. If you need additional
information concerning this Permit, please contact the Animal Feeding Operations Branch staff at (919)
707-9129.

Sincerely,

for Richard E. Rogers, Jr.
Director, Division of Water Resources

cc:
Duplin County Soil and Water Conservation District
Laserfiche File No: 310385

DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY

INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT

In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations

PERMISSION IS HEREBY GRANTED TO
Earnest R. Kennedy
Duplin County

FOR THE

continued operation and maintenance of an animal waste management system for the Hillari Farm,
located in Duplin County, consisting of zero (0) Swine and the application to land as specified in the
Facility’s Certified Animal Waste Management Plan (CAWMP).

This permit shall be effective from the date of issuance until November 30, 2028 and shall be subject to
the following specified conditions and limitations:

I. PERFORMANCE STANDARDS

1. The animal waste management system operated under this Permit shall be effectively
maintained and operated as a non-discharge system to prevent the discharge of pollutants
to surface waters, wetlands, or ditches. Application of waste to terraces and grassed
waterways is acceptable as long as it is applied in accordance with Natural Resources
Conservation Service (NRCS) Standards and does not result in a discharge of waste to
surface waters, wetlands, or ditches. If the Facility has a discharge of waste that reaches
surface waters or wetlands resulting from a storm event more severe than a 25-year, 24-
hour storm, it will not be considered to be in violation of this Permit, as long as the
Facility is in compliance with its CAWMP and this Permit.

2. No discharge of waste shall result in a violation of the water quality standards established
for receiving waters as per Title 15A, Subchapter 2B, Section .0200 of the North Carolina
Administrative Code (NCAC) and Title 15A, Subchapter 2L of the NCAC.

3. The facility’s CAWMP is hereby incorporated by reference into this Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards
(federal, state and local) in effect at the time of siting, design, and certification of the
Facility. Any violation of the terms or conditions of the COC or the CAWMP is a
violation of this Permit subject to enforcement action and may result in the Permittee
having to take immediate and/or long-term corrective action(s) as required by the
Division. – [G.S. §143-215.6A and 15A NCAC 02T .1304(b)]

4. Any proposed modification to operation type or the annual average design capacity from
that authorized by the COC is considered a “major change” and will require a
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

modification to the CAWMP and the COC prior to modification of the facility. – [G.S.
§143-215.10C, 15A NCAC 02T .0108(b) and .1304(b)]

5. Animal waste shall not be applied within:
a. 100 feet of any well except for monitoring wells. The allowable distance to monitoring
wells shall be established on a case-by-case basis by the Division. – [15A NCAC 02T
.1304(b)(5)]
b. 25 feet from a perennial stream or perennial waterbody; – [15A NCAC 02T
.1304(b)(6)]
c. 200 feet from a dwelling not owned by the Permittee at the time waste was first applied
at the land application site. – [15A NCAC 02T .1304(b)(5)]

II. OPERATION AND MAINTENANCE REQUIREMENTS

1. The collection, treatment, and storage facilities, and the land application equipment and
fields shall be properly operated properly and maintained at all times. – [15A NCAC 02T
.1304(b)]

2. A vegetative cover shall be maintained as specified in the facility’s CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be
applied upon areas not included in the CAWMP or upon areas where the crop is
insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be
applied up to thirty (30) days prior to planting or breaking dormancy. – [15A NCAC 02T
.1304(b)]

3. Soil pH on all land application fields must be maintained in the optimum range for crop
production. – [G.S. §143-215.10C(e)(7)]

4. Land application rates shall be in accordance with the CAWMP. In no case shall the total
land application rates from all nutrient sources exceed the agronomic rate of the nutrient
of concern for the receiving crop. – [G.S. §143-215.10C, and 15A NCAC 02T .1304(b)]

5. In no case shall land application result in excessive ponding or any runoff during any
given application event. – [15A NCAC 02T .1304(b)]
6. Animal waste shall not be directly applied onto crops for direct human consumption that
do not undergo further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.)
at any time during the growing season, or in the case of fruit bearing trees, following
breaking dormancy. Application of animal wastes shall not occur within thirty (30) days
of the harvesting of fiber and food crops for direct human consumption that undergoes
further processing. – [15A NCAC 02T .0108(b)]
7. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land, or prior to the
next rainfall event, whichever occurs first. This requirement does not apply to no-till fields,
pastures, or fields where crops are actively growing. – [15A NCAC 02T .0108(b)]
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

8. No material other than animal wastes of the type generated on this facility shall be disposed
of in the animal waste collection, treatment, storage or application systems. This includes
but is not limited to pesticides, toxic chemicals and petroleum products. – [15A NCAC
02T .1304(b)]
9. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage, and application system.
Washdown of stock trailers owned by and used to transport animals to and from the facility
only, will be permissible if the system has been evaluated and approved to accommodate
the additional volume. Only those cleaning agents and soaps that are EPA approved
according to their label, will not harm the cover crop, and will not contravene the
groundwater standards listed in 15A NCAC 2L may be utilized in facilities covered by this
Permit. Instruction labels are to be followed when using cleaning agents and soaps. – [15A
NCAC 02T .0108(b) and .1304(b)]
10. Disposal of dead animals shall be done in accordance with the facility’s CAWMP and the
North Carolina Department of Agriculture and Consumer Services (NCDA&CS)
Veterinary Division's Statutes and regulations.
Disposal of dead animals must occur within twenty-four (24) hours after knowledge of the
death in a manner approved by the State Veterinarian. Proposed methods for disposal of
mortality that extends beyond twenty-four (24) hours must be approved by the State
Veterinarian. Burial is not recommended for disposal of dead animals. Mortality
management plans that utilize burial must include maps showing existing and planned
burial locations with setbacks from surface waters, wells, and property lines. The Division
may require groundwater monitoring for mortality burial sites.
For animal carcass disposal that addresses catastrophic mortality (as defined by
NCDA&CS Veterinary Division), mortality numbers that exceed the capacity of the
primary mortality management method, or when the primary/normal mortality
management method is unable to be used, the facility shall:
a. Report the loss to the NCDA&CS Veterinary Division within 24-hours of the mortality
event.
b. If burial is the disposal method, then also:
i. consult with the Division and NCDA&CS Veterinary Division prior to burial;
ii. map the burial sites, showing burial locations and setbacks from surface waters,
wells, and property lines;
iii. record the dates and numbers of the animals buried by species and type; and
iv. submit the map and burial records within fifteen (15) calendar days of burial to the
Water Quality Regional Operations Section within the appropriate Regional
Office.
[G.S. §143-215.10C(e)(3) and §106-403]
In the event of a state of emergency declared by the Governor, disposal of dead animals
shall be done in accordance with the guidelines issued by the State Veterinarian. – [G.S.
§106-402.1]
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

11. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste storage
structures to prevent any unnecessary addition to the liquid volume in the structures. – [15A
NCAC 02T .1304(b)]
12. A protective vegetative cover shall be established and maintained on all earthen
lagoon/storage pond embankments (outside toe of embankment to maximum operating
level/compliance level on embankment interior), berms, pipe runs, and storm water
diversions with the goal of preventing erosion. Trees, shrubs, and other woody vegetation
shall not be allowed to grow on the lagoon/storage pond embankments. All trees shall be
removed in accordance with good engineering practices. Lagoon/storage pond areas shall
be accessible, and vegetation shall be kept mowed. – [15A NCAC 02T .1304(b)]
13. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in
accordance with the CAWMP. When removal of sludge from the lagoon is necessary,
provisions must be taken to prevent damage to the lagoon dikes and liner. – [15A NCAC
02T .1304(b)]
14. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste. – [15A NCAC 02T
.0108(b)]
15. The facility must have at least one of the following items at all times:
a. adequate animal waste application and handling equipment;
b. a lease, or other written agreement, for the use of the necessary equipment; or
c. a contract with a third-party applicator capable of providing adequate waste
application.
[15A NCAC 02T .0108(b)]
16. The Permittee shall designate a certified animal waste management system operator with
a valid certification to be in charge of the animal waste management system. The waste
management system shall be operated by the Operator in Charge (OIC) or a person under
the OIC’s supervision. – [G.S. §90A-47.2]
17. The OIC or a designated Back-up OIC of a Type A Animal Waste Management System,
or a person under the supervision of an OIC or designated Back-up OIC shall inspect the
land application site as often as necessary to ensure that the animal waste is land applied
in accordance with the CAWMP. In no case shall the time between inspections be more
than 120 minutes during the application of waste. A record of each inspection shall be
recorded on forms supplied by, or approved by, the Division and shall include the date,
time, land application area used, and name of the operator for each inspection. If neither
the OIC or designated Back-up OIC was present during land application, then the OIC or
designated Back-up OIC shall inspect the land application area within twenty-four (24)
hours. .
Inspections shall include but not be limited to visual observation of application equipment,
land application area, subsurface drain outlets, ditches, and drainage ways for any
discharge of waste. – [15A NCAC 8F .0203(b) and 15A NCAC 02T .0108(c)]
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

18. Upon written notification from the Director, the Permittee shall install and operate
automatic flow meters with flow totalizers or other flow monitoring equipment approved
by the Division. The Permittee shall maintain such devices according to the manufacturer’s
instructions and warranties. The equipment must be in place no later than ninety (90) days
following receipt of notice from the Director. Notification may be based on the facility’s
violations, incomplete or incorrect record keeping events, or if the Division determines that
flow estimation techniques do not effectively quantify volumes of waste applied. This
determination shall be made on a case-by-case basis. – [15A NCAC 02T .0108(c)]
19. No waste shall be applied in wind conditions that cause or might reasonably be expected
to cause the waste to reach surface waters, wetlands, or cross property lines or field
boundaries. [15A NCAC 02T .0108(b)]
20. Upon written notification from the Director, the Permittee shall install/utilize application
equipment or practices that reduce drift potential. Written notification may be provided if
the Division determines violations due to wind drift. This determination shall be made on
a case-by-case basis. – [15A NCAC 02T .1304(b)]
21. The Permittee shall maintain buffer strips or other equivalent practices as specified in the
facility’s CAWMP near feedlots, manure storage areas and land application areas. – [15A
NCAC 02T .1304(b)]
22. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow
covered at the time of land application. – [15A NCAC 02T .1304(b)(7)]
23. Land application of waste is prohibited during precipitation events. The Permittee shall
consider pending weather conditions in making the decision to land apply waste and shall
document the weather conditions at the time of land application on forms supplied by or
approved by the Division. – [15A NCAC 02T .1304(b)(8)]
Land application of waste shall cease within twelve (12) hours after the National Weather
Service first issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch/Flash
Flood Watch in advance of an associated tropical system including a hurricane, tropical
storm, or tropical depression for the county in which the permitted facility is located. This
requirement is intended to have all land application of animal waste end approximately
twenty-four (24) hours in advance of the onset of the storm event.
Watches and warnings are posted on the National Weather Service’s website located at:
www.weather.gov. More detailed website information can be found on Page 2 of the
COC. Watch and warning information can also be obtained by calling the local National
Weather Service Office that serves the respective county, which can be found on Page 2 of
the COC. – [15A NCAC 02T .0108(b)]
24. The Permittee shall:
a. install, operate, and maintain devices on all irrigation pumps/equipment designed to
automatically stop irrigation activities during precipitation; or
b. commit to provide for the presence of the OIC, a designated backup OIC, or a person
under the supervision of an OIC or designated Back-up OIC at all times during the land
application of waste so that in case of a precipitation event, the irrigation activities will
be stopped immediately. This commitment must be submitted in writing to the
Division on a form supplied by, or approved by, the Division. – [G.S. §90A-47]
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

Installation of devices or submission of alternate documentation shall be completed within
12 months of the issuance of the COC for this Permit. The Permittee shall maintain such
devices according to the manufacturer’s instructions and warranties. This Condition does
not apply to manure spreaders or other equipment pulled by manned vehicles. – [15A
NCAC 02T .0108(b)]
25. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil
Test Index for Copper of greater than 3,000 or Zinc of greater than 3,000. – [G.S. §143-
215.10C(e)(6)]
26. All waste application equipment must be tested and calibrated at least once every two years.
The results must be documented on forms provided by, or approved by, the Division. –
[15A NCAC 02T .1304(b)(9)]
27. Any major structural repairs to lagoons/storage ponds must have written documentation
certifying proper design and installation. Professional engineers, authorized federal
employees, and technical specialists with Structural Animal Waste designation may
provide certification. However, if a piece of equipment is being replaced with a piece of
equipment of the identical specifications, no certification is necessary [i.e. piping, reels,
valves, pumps (if the gallons per minute (gpm) capacity is not being increased or
decreased), etc.] unless the replacement involves disturbing the lagoon/storage pond
embankment or liner. – [15A NCAC 02T .0108(b)]
28. Crops for which animal waste is land applied must be harvested, removed from the land
application site, and properly utilized unless other management practices are approved in
the CAWMP. Hay harvested from the land application fields shall be removed within
twenty-four (24) months of cutting unless other management practices are approved in the
CAWMP. – [15A NCAC 02T .0108(b) and .1304(b)]
29. In accordance with NC NRCS Conservation Practice Standard No. 359 “Waste Treatment
Lagoon”, an operator may temporarily lower lagoon levels to provide irrigation water
during drought periods and to provide additional temporary storage for excessive rainfall
during the hurricane season and in preparation for the following winter months. All
conditions of NC NRCS Standard No. 359 must be satisfied prior to lowering lagoon levels
below designed stop pump levels. – NC NRCS Standard No. 359 requires the following:
a. period of June 15 through October 31
b. This option shall be limited to lagoons having a minimum of 4 feet of liquid above the
sludge layer. The measurement shall be taken from the stop pump level, at the pump
intake, prior to pumping below the stop pump level.
c. All applications must be in conformance with the CAWMP developed for the
operation, including adherence to the planned nutrient application rates.
d. From November 1 through June 14, pumping from the lagoon will not be permitted
when the lagoon level is at or below the stop pump elevation.
e. The following information concerning the pump down conditions shall be recorded
and maintained on site:
i. Date the lagoon was first pumped below the stop pump level;
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

ii. Depth of liquid between the stop pump level and the sludge layer prior to
pumping below the stop pump mark. Measured from the stop pump level near
the pump intake location but off the inside slope of the embankment;
iii. Date pump down was completed; and
iv. Depth of pump down below the stop pump level. Measured weekly until the
lagoon returns to the stop pump level.
[15A NCAC 02T .1304(b)]

III. MONITORING AND REPORTING REQUIREMENTS

1. An inspection of the waste collection, treatment, and storage structures, and runoff
control measures shall be conducted and documented at a frequency to insure proper
operation but at least monthly and after all storm events of greater than one (1) inch in 24
hours. For example, lagoons/storage ponds, and other structures should be inspected for
evidence of erosion, leakage, damage by animals, or discharge. Inspections shall also
include visual observation of subsurface drain outlets, ditches, and drainage ways for any
discharge of waste. – [15A NCAC 02T .1304(b)]

2. Monitoring and Recording Freeboard Levels
a. Highly visible waste-level gauges shall be maintained to mark the level of waste in
each lagoon/storage pond that does not gravity feed through a free-flowing transfer
pipe into a subsequent structure. The gauge shall have readily visible permanent
markings. – [15A NCAC 02T .1304(b)(10)]
The waste level in each lagoon with a waste level gauge shall be monitored and
recorded weekly on forms supplied by or approved by the Division. – [15A NCAC 02T
.0108(c)]
Upon written notification from the Director, more frequent monitoring and recording
of waste levels may be required based on the facility’s compliance history for freeboard
violations. This determination shall be made on a case-by-case basis. – [15A NCAC
02T .0108(c)]
b. All waste-level gauges must be certified, at least once every five (5) years, that it
complies with the structure design and CAWMP, is representative of the low point of
the lagoon embankment, and accurate to within 1/10 of a foot. Certification must be
recorded on forms provided or approved by the Division. – [15A NCAC 02T .0108(b)]
c. Upon written notification from the Director, the Permittee shall monitor and record
waste levels as described below. Written notification may be provided if the Division
determines that waste level monitoring and recordkeeping do not adequately represent
the volumes of waste in the structure to ensure appropriate management. This
determination shall be made on a case-by-case basis. – [15A NCAC 02T .0108(c)]
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

In addition to the facility’s existing lagoon waste-level gauges, automated
lagoon/storage pond waste-level monitors and recorders (monitored and recorded at
least hourly) must be installed on all treatment and storage lagoons covered by a COC
issued under this Permit to measure and record lagoon freeboard. This equipment must
be properly maintained and calibrated in a manner consistent with manufacturer’s
operation and maintenance recommendations. This automated equipment must be in
place no later than ninety (90) days following notification from the Director. The
Director may determine that installation of automated waste level monitors is not
required if the Permittee can demonstrate that preventative measures were taken to
avoid the violations and that the violations resulted from conditions beyond the
permittee’s control. – [15A NCAC 02T .0108(c)]
If an automated level monitor(s) becomes inoperable, the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional Office
as soon as possible, but in no case more than 24 hours following first
knowledge of the problem; and,
ii. make any needed repairs to the equipment as quickly as possible and take and
record daily lagoon levels at the same time every day until such time as the
automated equipment is placed back into operation.
[15A NCAC 02T .0108(c)]

d. The Director may require new or modified waste-level gauges at any facility if it is
determined that the existing gauges are not adequate to accurately indicate actual lagoon
levels, or the various lagoon levels required to be maintained by this Permit or the
facility’s CAWMP.
3. Monitoring and Recording Precipitation Events
a. A rain gauge must be installed at a site that is representative of the weather conditions
at the farm’s land application site(s). Daily records of precipitation type and amount
must be recorded for all precipitation events and maintained on site for review by the
Department of Environmental Quality (Department). Daily records do not need to be
maintained for those days without precipitation events. – [15A NCAC 02T .0108(c)]
b. Upon written notification from the Director, the Permittee shall install an automated
rain gauge and recorder to measure and record all precipitation events. This equipment
must be properly maintained and calibrated in a manner consistent with manufacturer’s
operation and maintenance recommendations. This automated equipment must be in
place no later than ninety (90) days following receipt of notice from the Director.
Written notification may be provided if the Division determines that precipitation
measurements and recordkeeping do not adequately represent precipitation at the
facility. This determination shall be made on a case-by-case basis. – [15A NCAC 02T
.0108(c)]
If an automated rain gauge(s) becomes inoperable, the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional Office
as soon as possible, but in no case more than twenty-four (24) hours following
first knowledge of the problem; and,
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

ii. make any needed repairs to the equipment as quickly as possible and take and
record all rainfall events until such time as the automated equipment is placed
back into operation.
[15A NCAC 02T .0108(c)]

4. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and
zinc, shall be conducted at least once every three (3) years on each application field
receiving animal waste. – [G.S. § 143-215.10C(e)(6).]

5. An analysis of a representative sample of the animal waste to be applied shall be
conducted in accordance with recommended laboratory sampling procedures as close to
the time of application as practical and at least within sixty (60) days (before or after) of
the date of application. Every reasonable effort shall be made to have the waste analyzed
prior to the date of application and as close to the time of waste application as possible.
This analysis shall include the following parameters:
Nitrogen Zinc
Phosphorus Copper
– [G.S. §143-215.10C(e)(6)]

6. The Permittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates and cropping information. The Permittee shall also
record removal of solids and document nutrient loading rates if disposed of on-site or
record the off-site location(s). These records must be on forms supplied by, or approved
by, the Division. – [G.S. §143-215.10C(e)(8)].

7. A record shall be created and maintained of all transfers of waste between waste
structures on the same site not typically operated in series. Such record shall include at
least the identity of the structure from which the waste was transferred, the identity of the
structure receiving the waste, the date and time of transfer and the total volume/quantity
of waste transferred. – [15A NCAC 02T .0108(c)]

8. If, for any reason, there is a discharge from the waste collection, treatment, storage and
application systems (including the land application sites), to surface waters or wetlands,
the Permittee is required to make notification in accordance with Condition III.12. The
discharge notification shall include the following information:
a. Description of the discharge: A description of the discharge including an estimate of
the volume discharged, a description of the flow path to the receiving surface waters
or wetlands and a site sketch showing the path of the waste. Also, an estimation of
the volume/quantity discharged.
b. Time of the discharge: The length of time of the discharge, including the exact dates
and times that it started and stopped, and if not stopped, the anticipated time the
discharge is expected to continue.
c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused
by a precipitation event, detailed information from the on-site rain gauge concerning
the inches and duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken
to prevent future discharges from the same cause.
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

e. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition III. 5. above.

9. A copy of this Permit, the facility’s COC, certification forms, lessee and landowner
agreements, the CAWMP and copies of all records required by this Permit and the facility’s
CAWMP shall be maintained by the Permittee in chronological and legible form for five
(5) years. Records include but are not limited to: soil and waste analyses, rain gauge
readings, freeboard levels, irrigation and land application event(s), past inspection reports
and operational reviews, animal stocking records, records of additional nutrient sources
applied (including but not limited to sludges, unused feedstuff leachate, milk waste, septage
and commercial fertilizer), cropping information, waste application equipment testing and
calibration, and records of removal of solids to off-site location(s). These records shall be
maintained on forms provided or approved by the Division and shall be readily available
at the facility (stored at places such as the farm residence, office, outbuildings, etc.) where
animal waste management activities are being conducted.

10. Within fifteen (15) working days of receiving the request from the Division, the
Permittee shall provide to the Division one (1) copy of all requested information and
reports related to the operation of the animal waste management system. Once received
by the Division, all such information and reports become public information, unless they
constitute confidential information under G.S. §132-1.2 or G.S. §143-215.9D and shall be
made available to the public by the Division as specified in Chapter 132 of the General
Statutes. – [15A NCAC 02T .0108(c)]

11. Upon written notification by the Director, the Permittee shall undertake any monitoring
and reporting (including but not limited to groundwater, surface water or wetland, waste,
sludge, soil, lagoon/storage pond levels and plant tissue) necessary to determine the
source, quantity, quality, and effect of animal waste upon the surface waters,
groundwaters or wetlands. Such monitoring, including its scope, frequency, duration and
any sampling, testing, and reporting systems, shall meet all applicable Division
requirements. Notification shall be made on a case-by-case basis. – [15A NCAC 02T
.0108(c)]

12. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events:
– [15A NCAC 02T .0108(b)]
a. Failure of any component of the animal waste management system resulting in a
discharge to ditches, surface waters, or wetlands.
b. Any failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing the waste and/or sludge.
c. A spill or discharge from a vehicle transporting waste or sludge to the land
application field which results in a discharge to ditches, surface waters, or wetlands
or an event that poses a serious threat to surface waters, wetlands, or human health
and safety.
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment or human safety or health.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V.2. of this Permit.
f. Failure to maintain waste level in a lagoon/storage pond below that of the designed
structural freeboard (twelve (12) inches from top of dam or as specified in
lagoon/storage pond design). Note that this notification is in addition to the report
required by Condition III.12.e above.
g. An application of waste either in excess of the limits set out in the CAWMP or where
runoff enters ditches, surface waters, or wetlands.
h. Any discharge to ditches, surface waters, or wetlands or any discharge that poses a
serious threat to the environment or human health or safety.
For any emergency which requires immediate reporting after normal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within five (5) calendar days following first knowledge of the occurrence. This report
shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. In the event of storage capacity violations as
described in Condition III.12.e, the written report shall outline the actions proposed to be
taken to restore compliance within thirty (30) calendar days. The requirement to file a
written report may not be waived by the Division Regional Office.

In the event the waste level in a lagoon/storage pond is found to be within the designed
structural freeboard, the Permittee shall file a written report to the appropriate Division
Regional Office within two (2) calendar days following first knowledge of the
occurrence. This report shall outline actions taken or proposed to be taken to reduce
waste levels below the designed structural freeboard within five (5) calendar days of first
knowledge of the occurrence.

IV. INSPECTIONS AND ENTRY

1. The Permittee shall allow any authorized representative of Department, upon the presentation
of credentials and other documents as may be required by law and in accordance with
reasonable and appropriate biosecurity measures, to: – [G.S. §143-215.10F]

a. Enter the Permittee's premises where the regulated Facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;

b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;

c. Inspect, at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this Permit;
and,
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance,
any substances or parameters at any location.

V. GENERAL CONDITIONS

1. The issuance of this Permit shall not relieve the Permittee of the responsibility for compliance
with all applicable surface water, wetlands, groundwater and air quality standards or for
damages to surface waters, wetlands or groundwaters resulting from the animal
operation. – [15A NCAC 02T .0111(c)]

2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
Facility’s CAWMP. At a minimum, maximum waste level for lagoons/storage ponds
must not exceed the level that provides adequate storage to contain a 25-year, 24-hour
storm event plus an additional one (1) foot of structural freeboard except that there shall
be no violation of this condition if: (a) there is a storm event more severe than a 25-year,
24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at
least one (1) foot of structural freeboard. – [15A NCAC 02T .1304(b)]

3. Any containment basin, such as a lagoon or a storage pond, used for waste management shall
continue to be subject to the conditions and requirements of this Permit until properly
closed. When the containment basin is properly closed in accordance with the Natural
Resource Conservation Service (NRCS) North Carolina Standard for Closure of Waste
Impoundments, February 2005 or any subsequent amendment, the containment basin
shall not be subject to the requirements of this Permit. The Permittee must submit a letter
to the Division to request rescission of the Permit by providing documentation of closure
of all containment basins. – [15A NCAC 02T .1306(a)]

Closure shall also include a minimum of 24 hours pre-notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the form within fifteen (15) days of completion of closure. – [15A
NCAC 02T .0108(b)]

4. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements, which are required in the CAWMP, shall constitute grounds for revocation
of its COC to operate under this Permit. – [15A NCAC 02T .0110(1)]

5. A COC to operate under this Permit is not transferable. In the event there is a desire for the
facility to change ownership, or there is a name change of the Permittee, a Notification of
Change of Ownership form must be submitted to the Division, including documentation
from the parties involved and other supporting materials as may be appropriate. This
request shall be submitted within sixty (60) days of change of ownership. The request
will be considered on its merits and may or may not be approved. – [G.S. §143-215.10C
and 15A NCAC 02T .1304(c)]

6. The issuance of this Permit does not prohibit the Division from reopening and modifying the
Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
appropriate laws, rules, and regulations. [15A NCAC 02T .0110]

7. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A NCAC
02T .0111(c). An exceedance of Groundwater Quality Standards at or beyond the
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1636 Mail Service Center Raleigh, North Carolina 27699-1636
919.707.9129

Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division
in addition to the penalty provisions applicable under the NCGS.

VI. PENALTIES

1. Failure to abide by the conditions and limitations contained in this Permit; the Facility's
CAWMP; and/or applicable state law; may subject the Permittee to an enforcement
action by the Division including but not limited to the modification of the animal waste
management system, civil penalties, criminal penalties, and injunctive relief. – [15A
NCAC 02T .0110]

2. The Permittee must comply with all conditions of this Permit. Any Permit
noncompliance constitutes a violation of state law and is grounds for enforcement action;
for Permit coverage termination, revocation and reissuance, or modification; or denial of
Permit coverage renewal application. – [15A NCAC 02T .0110]

3. It shall not be a defense for a Permittee in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this Permit. – [15A NCAC 02T .0108(b)]

This Permit issued the 11th day of December 2023.

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

____________________________________________________
for Richard E. Rogers, Jr., Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI310385
DocuSign Envelope ID: A919BC7B-7C1F-455B-9C61-20EC703CA192