310750_Add-Info Response_20231227

December 27, 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. ADS310750
Brice/Usher
Duplin County
Dear Mrs. Lawson,
CAVANAU G H
Stewardship Through Innova,,.
Cavanaugh & Associates, P.A., on behalf of James Brice has reviewed your Additional Information
Request, dated December 1, 2023, for the subject permit modification application for 'Brice/Usher',
which is noted to have been received by the Division on September 11, 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 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.
a. Please provide the updated NMP with an updated irrigation map.
Response: The requested information will be coming separately from the owner
2. 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.
Response: The address shown on the letter is correct, 725 Old Camp Rd, Rose Hill, NC
28458
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. Lagoon embankment —During the site visit conducted November 17, 2023,1 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.
Response: The area will be topped with suitable soil and seeded to establish grass.
5. 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
wet well.
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: The farmer currently anticipates participating in a project where all biogas is
piped to a centralized facility that has an existing air quality permit.
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.
Jeff P. Cappadona, P.E.
Attachments
cc: James Brice