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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