HomeMy WebLinkAbout920009_Permit (Issuance)_20240117 DocuSign Envelope ID: lE7593DA-ADA9-4BOB-B78A-24DC712A238D
ROY COOPER _
Governor d C
ELIZABETH S.BISERr
Secretary •E QUAWM .
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
January 17,2024
NC Department of Agriculture&Consumer Services
Governor James B. Hunt Jr. Horse Complex
1010 Mail Service Center
Raleigh,NC 27699
Subject: Permit No. AWI920009
Governor James B. Hunt Horse Complex
Animal Waste Operation
Wake County
Dear NC Department of Agriculture&Consumer Services;
In accordance with your renewal request received November 27,2023,we are forwarding herewith
Permit No. AWI920009, dated January 17,2024 to the NC Department of Agriculture&Consumer
Services authorizing the operation of an animal waste collection,treatment, storage and land application
system in accordance with this permit.
This permit shall be effective from the date of issuance until December 31,2028, and shall be subject to
the conditions and limitations as specified therein. Please pay particular attention to the monitoring
requirements in this permit. Failure to establish an adequate system for collecting and maintaining the
required operational information will result in future compliance problems. Any increase in volume or
increase in stocked animals above the listed values in this permit will require a modification to this permit
and shall be completed prior to actual increase in either flow or number of animals.
If any parts,requirements, or limitations contained in this permit are unacceptable,you have the right to
request an adjudicatory hearing upon written request within thirty(30)days following receipt of this
permit. This request must 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, 6714 Mail Service
Center, Raleigh,NC 27699-6714. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter,please contact Miressa Garoma at(919) 707-
3665.
Sincerely,
DocuSigned by:
Kaw�t,sl,�, I�a�.tlla
ame's�i2�ave�Qa
Supervisor,Animal Feeding Operations
Division of Water Resources
cc:
Wake County Soil and Water Conservation District
Laserfiche File No.: 920009
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11636 Mail Service Center I Raleigh,North Carolina 27699-1636
NORTH cnaounu 919.707.9129
ao.u.rna���rslo�„�� /`�
DocuSign Envelope ID: lE7593DA-ADA9-4BOB-B78A-24DC712A238D
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
NC Department of Agriculture& Consumer Services
Wake County
FOR THE
continued operation of an animal waste management system for the Governor James B. Hunt Jr. Horse
Complex, consisting of a solids storage and handling facility, and all necessary appurtenances to serve a
maximum of 700 horses per day,for 3 days per event,and 53 horse events per year with no discharge
of wastes to the surface waters, pursuant to the renewal request received November 27, 2023, and in
conformity with the project plan, specifications,and other supporting data subsequently filed and approved
by the Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2028, and shall be
subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The animal waste collection, treatment, and storage system permitted 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. If the NC Department of
Agriculture & Consumer Services facility is in compliance with this permit and the most
recent Waste Utilization Plan(WUP), and unintentionally discharges as a result of a storm
event greater than the 25-year, 24-hour storm, the facility will not be considered to be in
violation of 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. This facility may not be expanded above the capacity shown in the WUP and this permit
until a new permit reflecting the expansion has been issued.
D E Q�� 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 CAROUNA _
Depwbnwd„F r��,�wla,\ /./ 919.707.9129
DocuSign Envelope ID: 1E7593DA-ADA9-4BOB-B78A-24DC712A238D
5. A copy of this permit, the WUP, waste removal agreements, and certification forms shall
be readily available at the farm (stored at places such as the farm residence, office,
outbuildings, etc.)where animal waste management activities are being conducted for the
life of this permit. These documents shall be kept in good condition and records shall be
maintained in an orderly fashion.
6. 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)J
b. 25 feet from a perennial stream or perennial waterbody; — [15A NCAC 02T
.1304(b)(6)J
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. 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)]
3. 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:
D E Q�� 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 CAROUNA _
Depwbnwd„F r��,�wla,\ /./ 919.707.9129
DocuSign Envelope ID: 1E7593DA-ADA9-4BOB-B78A-24DC712A238D
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§106-403J
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.I]
4. 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)]
5. 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)]
6. 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. contract with a third-party applicator capable of providing adequate waste application.
[15A NCAC 02T T.0108(b)]
III. MONITORING AND REPORTING REQUIREMENTS
1. Adequate records shall be maintained by the Permittee tracking the amount of waste
stored and disposed. These records shall include,but are not necessarily limited to,the
following information
a. Amount of waste generated per event,
b. Daily weather conditions whenever waste is stored in an uncovered area
c. The dates and amounts of solid waste removed from the site, and
d. The name and address and permit number of the party responsible for removal of solid
waste.
2. This Permit allows for the distribution of up to four cubic yards of manure per visit to
individuals for personal use. The Permittee must provide the recipient(s)with information
on the nutrient content of the manure.The Permittee must inform the recipient(s)of his/her
responsibilities to properly manage the land application of manure.Record keeping for the
distribution of manure up to four(4)cubic yards per visit to individuals for personal use is
not required.
D E Q�� 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 CAROUNA _
Depwbnrd„F r��,�wla,\ /./ 919.707.9129
DocuSign Envelope ID: 1E7593DA-ADA9-4BOB-B78A-24DC712A238D
3. The Permittee or their designee shall inspect the waste collection, treatment, and storage
structures and runoff control measures.These inspections shall be conducted at a frequency
to insure proper operation but at a minimum frequency of monthly and as well as after all
storm events. For example,structures should be inspected for evidence of erosion,leakage,
damage by animals or discharge. The Permittee shall keep an inspection log or summary
including at least the date and time of inspection,observations made,and any maintenance,
repairs, or corrective actions taken by the Permittee. This log of inspections shall be
maintained by the Permittee for a period of five years from the date of the inspection and
shall be made available upon request to the Division or other permitting authority. —[15A
NCAC 02T.1304(b)]
4. Any major structural repairs must have written documentation from a professional engineer
certifying proper design and installation. However, if a piece of equipment is being
replaced with a piece of equipment of the identical specifications, no technical specialist
approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being
increased or decreased), etc.].
5. All records, including maintenance,repair and disposal records, shall be maintained on
site and in chronological and legible form for a minimum of three years by the Permittee.
These records shall be maintained on forms provided by the Division and shall be readily
available for inspection. —[15A NCAC 02T.0108(c)]
6. 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:
—[I5A 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.
e. An application of waste either in excess of the limits set out in the CAWMP or where
runoff enters ditches, surface waters,or wetlands.
f. 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.
D E Q�� 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 CAROUNA _
Depwbnwd„F r��,�wla,\ /./ 919.707.9129
DocuSign Envelope ID: 1E7593DA-ADA9-4BOB-B78A-24DC712A238D
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.
IV. GROUNDWATER REQUIREMENTS
Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
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. §143-215.10FJ
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,
d. Sample or monitor,at reasonable times,for the purpose of assuring permit compliance,
any substances or parameters at any location.
VI. 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.—[I5A NCAC 02T.0111(c)]
2. Should the Division have good reason to believe that any activities conducted pursuant to
this permit may cause or contribute any waste, directly or indirectly,to be intermixed with
the waters of the State,the Division may require any monitoring(including but not limited
to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to
determine the source,quantity,quality,and effect of any waste upon the waters of the State.
Such monitoring, including its scope, frequency, duration and any sampling, testing, and
reporting systems, shall meet all applicable Environmental Management Commission
requirements. "Good Reason" may be based on the findings of a related Federal, State,
Commission, or DENR authorized study or report, or other evidence showing that
violations of State water quality standards or other applicable environmental standards
have occurred or may occur.
D E Q�� 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 CAROUNA _
Dopwbnwd„F r��,�wla,\ /./ 919.707.9129
DocuSign Envelope ID: 1E7593DA-ADA9-4BOB-B78A-24DC712A238D
3. 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—[I5A NCAC
02T.0110]
4. The issuance of this permit does not excuse the Permittee from the obligation to comply
with all applicable statutes,rules,regulations, or ordinances(local, state, and federal).
5. If animal housing ceases, the Permittee is responsible for developing, implementing and
completing a "closure plan" which will eliminate the possibility of an illegal discharge,
pollution,erosion,and the potential for injury. Closure shall include notifying the Division.
6. The annual permit fee shall be paid by the Permittee within thirty (30) days after being
billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation
of this permit.
7. Failure of the Permittee to maintain,in full force and effect agreements that are required in
the permit application and/or Waste Utilization Plan, shall constitute grounds for
revocation of this permit.
8. This permit is effective only with respect to the nature and volume of wastes described in
this permit for NCDA&CS.
9. This permit is not automatically transferable. In the event there is a desire for the facilities
to change ownership, or there is a name change of the Permittee, a formal permit request
must be submitted to the Division accompanied by an application fee,documentation from
the parties involved, and other supporting materials as may be appropriate. The approval
of this request will be considered on its merits and may or may not be approved.
10. The Permittee,at least six(6)months prior to the expiration of this permit, shall request
its extension. Upon receipt of the request,the Commission will review the adequacy of
the facilities described therein, and if warranted,will extend the permit for such period of
time and under such conditions and limitations as it may deem appropriate.
This Permit issued the 17t1i day of January 2024.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DocuSigned by:
rawc,SL ra�
Ramesh Ravella
Supervisor,Animal Feeding Operations
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AW1920009
D E Q�� 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 CAROLINA _
Depwbnrd„F r��,�wla,\ /./ 919.707.9129