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HomeMy WebLinkAbout820020_Permit Renewal Application 2019_20190410State of North Carolina Department of Environmental Quality Division of Water Resources Animal Waste Management Systems Request for Certification of Coverage Facility Currently covered by an Expiring Sate Non -Discharge General Permit On September 30, 2019, the North Carolina State Non -Discharge General Permits for Animal Waste Management Systems will expire. As required by these permits, facilities that have been issued Certificates of Coverage to operate under these State Non -Discharge General Permits must apply for renewal at least 180 days prior to their expiration date. Therefore, all applications must be received by the Division of Water Resources by no later than April 3, 2019. Please do not leave any question unanswered. Please verify all information and make any necessary corrections below, Application must be signed and dated by the Permittee. I . 2. Farm Number: 82-0020 JC 4 rf4,5 TAJ( Facility Name: A 1:1 Qui Ae� Certificate Of Coverage Number: AWS820020 Q 3. Landowner's Name (same as on the Waste Management Plan): David Mixon paota-- Ir 4. Landowner's Mailing Address: 3951 Ehmn Williams Rd City: AuMille State: NC Zip: 28318 Telephone Number: 910-385-5617 Ext. E-mail: 5- Facility's Physical Address: 201 Axiel Rd City: Salembur State: NC Zip: 28385 6. County where Facility is located: Sampson 7. Farm ManagtT's Name (if different from Landowner): 8. Farm Manager's telephone number (include area code): 9. Integrator's Name (if there is not an Integrator, write "None"): Murphy -Brown LLC 1 (). Operator Name (OIC): David J. Mixon Phone No.: 910-385-5617 OIC #: 1001503 11. Lessee's Name (if there is not a Lessee, write "None"): 12. Indicate animal operation type and number: Current Permit: Operations Type Allowable Count Swine - Feeder to Finish 6,978 Operation Types: Swine Cattle Dry Poul Other Tvues Wean to Finish Dairy Calf Non Laying Chickens Horses - Horses Wean to Feeder Dairy Heifer Laying Chickens Horses - Other Farrow to Finish Milk Cow Pullets Sheep- Sheep Feeder to Finish Dry Cow Turkeys Sheep - Other Farrow to Wean Beef Stocker Calf Turkey Pullet Farrow to Feeder Beef Feeder Boar/Stud Beef Broad Cow Wet Poultry Gilts Other Non Laying Pullet Other Layers 4VR 0 3 2019 vVegWrouU11ty "Of, Vieg 13. Waste Treatment and Storage Lagoons (Verify the following information is accurate and complete. Make all necessary corrections and provide missing data.) Structure Name Estimated Date Built Liner Type (Clay, Synthetic, Unknown) Capacity (Cubic Feet) Estimated Surface Area (Square Feet) Design Freeboard "Redline" (Inches) 001 1 23.10 1 130,680.00 Mail one (1) copy of the Certified Animal Waste Management Plan (CAWMP) with this completed and signed application as required by NC General Statutes 143-215.10C(d) to the address below. The CAWMP must include the following components: I . The most recent Waste Utilization Plan (WUP), signed b-. the owner and a certified technical specialist containing: a. The method by which waste is applied to the disposal fields (e.g. irrigation, injection, etc.) b. A map of every field used for land application (for example: irrigation map) c. The soil series present on every land application field d. The crops grown on every land application field e. The Realistic Yield Expectation (RYE) for every crop shown in the WLJP f The maximum PAN to be applied to every land application field g. The waste application windows for every crop utilized in the WUP h. The required NRCS Standard specifications 2. A site map/schematic 3. Emergency Action Plan 4. Insect Control Checklist with chosen best management practices noted 5. Odor Control Checklist with chosen best management practices noted 6. Mortality Control Checklist with selected method noted - Use the enclosed updated Mortality Control Checklist 7. Lagoon/storage pond capacity documentation (design, calculations, etc.) Please be sure the above table is accurate and complete. Also provide any site evaluations, wettand determinations, or hazard classifications that may be applicable to your facility. 8. Operation and Maintenance Plan If your CAWNT includes any components not shown on this list, please include the additional components with your submittal (e.g. composting, digesters, waste transfers, etc.) As a second option to mailing paper copies of the application package, you can scan and email one signed copy of the application and all the CAWNIP items above to: 2019PermitRenewal@ncdenr.gov I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that, if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application may be subject to civil penalties up to $25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment of not more than 5 years, or both for a similar offense.) Printed Name of Signing Official (Landowner, or if multiple Landowners all landowners should sip. If Landowner is a corporation, signature should be by a principal executive officer of the corporation): Name: Title: &�Azg_ Signature: j,��q Date: gjp q Name: Title: Signature: Date: — Name: Signature: Title: Date: THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS: NCDEQ-DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 707-9100 E-mail: 2019Perm!tRenewal@ncdenr.gov FORM: RENEWAL -STATE GENERAL 02/2019 WASTE UTILIZATION PLAN Wednesday, January 07, 2016 Producer: David Mixon Farm Name: ABC Swine Services 82-20 305 Jackson St Salemburg,NC 28385 Telephone (910) 385-5617 Type of Operation Feeder to Finish Swine Number of Animals: 6978 hogs design capacity Application Method: Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and avaialable water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre -cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems, To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. APR 0 3 2019 We'KaLialwy Reg� Iona, 0peCW0n9$eCWF1 Page I of 9 AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 6978 hogs X 1.9 tons waste/hogs/year = 13258.2 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 6978 hogs X 1.7 lbs PAN/hogs/year = 11862.6 PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and suface application. TABLE 1 : ACRES OWNED BY PRODUCER There are no Acres Owned - Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 2 of 9 TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2.) TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LBS AW COMM ACRES LBS AW APPLIC. DETERMINING PHASE CODE N/ACRE N/ACRE USED TIME 3iO 1 NORFOLK 0-2% BH 6.5 299' 0 14.42[ 4311.58 MAR-SEP 3208 1 NORFOLK 0-2% SG_ 1 50 0 14.421 721' SEP-MAY i2O8 2 '146kF_0LK_ 0-2% _'Nowm BC 5.525 254.15- 0 - 13.1 3347.16' - MA . R- . SEP 3i66 2 0-2% SG 1 50 0 13.17 658.i 'SEP-MAY 3208 _3208 3 NORFOLK 0-2% BH 6.5 299 0 15.24 4556.76 MAR-SEP 3 NORFOLK 0-2% SG 1 50 0 15.24 762� SEP-MAY TOrALS: 14357 — Indicates that this field is being overseeded (i. e. interplanted) or winter annuals follow summer annuals, * Indicates a Crop Rotation * Acreage figures may exceed total acreage in field due to overseeding. **Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in TABLES 1 and 2 above: CROP CODE CROP 'BC HYBRID BERMUDAGRASS-CONTROLLED GRAZED !BH HYBRID BERMUDAGRASS-HAY SG SMALL GRAIN OVERSEEDED UNITS LBS N/UNIT TONS 50 TONS 50 AC 50 Page 3 of 9 TOTALS FROM TABLES I AND 2 ACRES LBS AW N USED TABLE 2 42.0- 14,357 TOTALS: 42.83 14,357 AMOUNT OF N PRODUCED: 11,863 'BALANCE -2,494 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres show in each of the preceeding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 2581.86 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. See the attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 5.92 months. In no instance should the volume of waste being stored in your structure be within 1.58 feet of the top of the dike. If surface irrigation is the method of land application for this plan, it is the responsiblity of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. APPLICATION APPLICATION TRACT FIELD SOIL TYPE CROP RATE (in/hr) AIVIT (inches) NORFOLK 0-2% SG i 0.50 *1 1,3 NORFOLK 0-2% 13H 0.50 *1 .3208 2 N ORFOLK 0-2% r B , 0.50 * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. ApR 7niq 0a NARRATIVE OF OPERATION The reduced Nitrogen co-eficient has been used along with the latest RYE rates. Farm has perpetual lease agreement for waste application fields. Page 5 of 9 . , PLANS & SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10, 000 per day by the Division of Water Quality for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility, It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Stantard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance.) *7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and to provide uniformity of application. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: the outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from anV Derennial stream or river (other that an irrioation ditch or canal. Animal waste Page 6 of 9 other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those owned by the landownwer. 14. Waste shall be applied in a manner not to reach other property and public right - of ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted croplands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. *16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. *17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. *18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. *19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied as a preemergence with no other applications of animal waste during the crop season. *21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume fpr waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate - determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production amd maintained. Soil and waste analysis records shall be kept for five (5) years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina Department of Agriculture regulations. * Liquid Systems Page 7 of 9 NAME OF FARM: ABC Swine Services 82-20 OWNER / MANAGER AGREEMENT I (we) understand and will follow and implement the specifications and the operation and maintenance precedures estalished in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to DEM before the new animals are stocked. I (we) understand that I must own or have acces to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1 -day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACIK�OWNER: David Mixon SIGNATURE:: NAME OF MANAGER (if different from owner): DATE: please print SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: Curtis Barwick AFFILIATION: Barwick Ag Services ADDRESS (AGENCY): 103 Country Club Circle Clinton, NC 28328 ,,j (910) 385-1000 SIGNATURE: t A Z� - I DATE: Page 9 of 9 13K:01905 PG:0536 FILED SAMPSON COUNTY ELEANOR N. BRADSHAW REGISTER OF DEEDS FILED Dec 29, 2014 AT 03:13* 16 pm BOOK 01905 START PAGE 0536 END PAGE 0541 INSTRUMENT # 06366 NORTH CAROLINA DEED OF TRUST (Purchase Money) THIS DEED of TRUST made this 29'h day of December, 2014, by and between: GRANTOR DAVID J. MIXON and wife, LIANE E. MIXON 305 Jackson Street Salemburg, N.C. 28385 TRUSTEE ALISON G. BRADSHAW Post Office Box 81 Clinton, N.C. 28329 BENEFICIARY STOKES D. McKOV 4175 Honeycutt Road Salemburg, N.C. 28395 The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that whereas the Grantor is indebted to the Beneficiary in the principal sum of Five Hundred and Fifty Thousand Dollars (S550,000.00), as evidenced by a Promissory Note of even date herewith, the terms of which are incorporated herein by reference. The final due date for payment of said Promissory Note, if not sooner paid; is December 29, 2033. NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant, and convey to said Trustee, her heirs, or successors, and assigns, the parcel of land situated in Honeycutts Township, Sampson County, North Carolina, (the "Premises") and more particularly described as follows: Being 14.29 acres, more or less, located in Honcycutts Township, Sampson County North Carolina, and being more particularly described as Tract 7 on that map entitled "Survey for Stokes D. McKay" prepared by Millard T. Owen, Ifl, Registered Land Surveyor under date of November 24, 2014, and recorded in Book 88 at Page 15 of the Sampson County Registry. ALSO CONVEYED HEREWITH is a perpetual easement for the purpose of allowing the effluent from the waste lagoon located upon the above -described 14.29 acre tract to be spread upon that BK:01905 PG:0537 portion of Tract I (15.60 acres) and Tract 4 (36.86 acres) on that map entitled "Property of Stokes D. McKoy & Helen E. McKoy" recorded in Map Book 13 at Page 05 of the Sampson County Registry, excepting the above -described 14.29 acre tract being conveyed herein, and that southern portion of Tract 6 (24.73 acres) as shown in Map Book 13 at Page 05, more particularly described on Sampson County FSA Farm 1502 Tract 3208 Map as "Tract 3." The parties understand and agree that the best management practices will be used in applying the waste to the lands upon which this easement appertains in order to meet regulatory requirements, This effluent discharge easement is appurtenant to and shall run with said 14.29 acre tract by whomsoever owned. NOTWITHSTANDING the aforesaid grant of easement, such easement shall terminate at such time as the land subject thereto is no longer required in the waste management plan approved by the North Carolina Department of Environment and Njtural Resources, Division of Water Quality, or at such time as the Deeds of Trust recorded in Book 005at Page 5XI and Book M at Page 577--4o of the Sampson County Registry are both paid in full and satisfied, whichever shall occur later. TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereto belonging, to said Trustee, her heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth. If the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest hereon, and any renewals or extensions thereof in whole or in part, all other sums secured hereby and shall comply with all of the covenants, terins and conditions of this Deed of Trust, then this conveyance shall be null and void and may be canceled of record at the request and the expense of the Grantor. If, however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is not cured within ten (10) days form the due date, or (b) if there shall be default in any of the other covenants, terms or conditions of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within fifteen (15) days after written notice, then and in any of such events, without further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first given such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as may then be provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purchaser in as full and ample manner as the Trustee is empowered. The Trustee shal I be authorized to retain an attorney to represent her in such proceedings. The proceeds of the Sale shall after the Trustee retains her commission, together with reasonable attorneys fees incurred by the Trustee in such proceeding, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, costs of recording, service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale or the minimum sum of $700.00, whichever is greater, for the completed foreclosure, In the event foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by the Trustee, including reasonable attorneys fees, and a partial commission computed on five percent (5%) of the outstanding indebtedness or the above minimum sum, whichever is greater, in accordance with the following schedule, to wit: one-fourth (1/4) thereof before the Trustee issues a notice of hearing on the 'right to foreclosure; one- half (1/2) thereof after issuance of said notice; three -fourths (3/4) thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. BKO1905 PG:0538 And said Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Grantor shall keep all improvements on said land, now and hereafter erected, constantly insured for the benefit of the Beneficiary against loss by fire, windstorm and -such other casualties and contingencies, in such manner and in such companies and for such amounts, not less than that amount necessary to pay the sum secured by this Deed of Trust, as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payment as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, the Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to the principal of the Note secured by this Deed of Trust and shall be due and payable upon demand of Beneficiary. All proceeds from any insurance so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in installments, applied in the inverse order of maturity of such installments or to the repair or reconstruction of any improvements located upon the Property. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due. In the event that Grantor fails to pay all taxes, assessments and charges as herein required, then Beneficiary, at her option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. 3. ASSIGNMENTS OF RENTS AND PROFITS. Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection, to apply the remainder to the debt secured hereby. 4. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision therefor is included in this Deed of Trust. In the event a partial release provision is included in'the Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 5. WASTE. The Grantor covenants that they will keep the Premises herein conveyed in as good order, repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and that they will not commit or permit any waste. 6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so received, or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments, or to any alteration, repair or restoration of the Premises by Grantors. 7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that they are seized of the Premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that they will warrant and defend the title against the lawful claims of all BK:01905 PG:0539 persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 8. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee, then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus appointed shall succeed to all rights, powers and duties of the Trustee. — X — THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLiSS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS MARKED AND/OR INITIALED. 9. SALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assigned, transferred, conveyed or otherwise alienated by Grantor, whether voluntarily or involuntarily of by operation of law [other than: (i) the creation of a lien or other encumbrance subordinate to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (iv) the grant of a leasehold interest of three (3) years or less not containing an option to purchase; (v) a transfer to a relative resulting from the death of a Grantor; (vi) a transfer where the spouse or children of a Grantor become the owner of the Premises; (vii) a transfer rpsulting from a decree of a dissolution of a marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of a Grantor becomes an owner of the Premises; (viii) a transfer into an inter vivos trust in which a Grantor is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the Premises], without the prior written consent of Beneficiary, Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in the Grantors if a corporation or partnership, whether or not of record and whether or not for consideration, shall be deemed to be the transfer of an interest in the Premises. 10. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument given as additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such covenants or obligations, and all such sums so advanced shall be added to the principal sum. shall bear interest at the rate provided in the Note secured hereby for sums due after default and shall be due from Grantor or demand of the Beneficiary. No advancement or anything contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 11. INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after default and shall be due and payable on demand. 12. WAIVERS. Grantor waives all rights to require marshaling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 13K:01905 PG:0540 13. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including herself if she is a licensed attorney, to represent her in said action and the reasonable attorney's fee of the Trustee shall be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear interest at the rate provided in the Note for sums due after default. 14. PRIOR LIENS, Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. 15. OTHER TERMS, IN WITNESS WHEREOF, said Grantor has hereunto set her hand and sea] the day and year first above written. wane r,. ivuxon STATE OF NORTH CAROLINA COUNTY OF SAMPSON (SEAL) (SEAL) 1, a Notary Public of the County and State aforesaid do hereby certify that DAVID J. MIXON (the "Signatory") personally came before me this day and acknowledged the due execution of the foregoing instrument for the purposes expressed therein, I certify that I have personal knowledge of the identity of the Signatory. The Signatory acknowledged to me the voluntary execution of the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official seal or stamp this 29"' day of December, 2014 T R. 0000 �s 4% 0 T4 cn Affix A so Mhere 00176 O.Z qV "IF Couwto$ "01101111111W% 6_e-) 4,t,- AAA- N ol ic Official Signature Pr,nd'ub' or typed name My commission expires: R 4 - 'iy 4/1 t rw ".36 411, -f, zm� ag 21 Swine Farm Waste Management Odo'r Co'ntrol Checklist Source Cause -.BWs to Minimize Odor Site Specific Practices Farmstead Swine production Vegetative or wooded buffers; Pr Recommended best management practices; ,fil'O'G"'ood judgment and common sense Animal body surfaces 0 Dirty manure -covered animals erlDr� floors Floor surfaces 0 Wet manure -covered floors 5�1_loltcdfloors, 0-vaierers located over slotted -floors; Manure collection pits VentllatloncTdiaustfan�3 - 0 Feeders at high end of solid floors; 0 Scrape manure buildup from floors; brine; 0--U-nderfloor ventilation for drying 0 Frequent manure removal by flush, pit ---- Partial microbial decomposition or scrape; recharge, Volatile gases; Dust Indoor surfaces Dust Flush tan k--s- 0 Underfloor ventilation ntenancc; 0--hficient air movement lidown between groups of animals; 0 Feed additives; El Feeder covers; GP-7e__ed delivery downspout extenders to feeder co vcrs Agitation of recycled lagoon 13 Flush lank covers; liquid while tanks are filling 0 Extend rill lines - L "�"4 ultom of LanKSwiln anti-siplion vents Flush alleys Agitation during wastewater- El Underfloor M-1sh Zilh —underfloor �c_n1_i1a6on______ conveyance Pit recharge points Agitation of recycled lagoon 11 Extend recharge lin es to near bottom of pits liquid while pits are rifling Willi anti -siphon venis Lift stations 0 Agitation during sump lank 171 Sump lank covers filling and driiwdown ----------------------- Tu_tsidc drain collection 0- __W9_i_t�_iion during wastewater 0 Box covers or junction boxes conveyance AMOC -November 11, 1996, Page 3 4—, Source Cause UMPs to Minimize Oddr End of drainpipes-a—t " - _* -- --- Site Specific Practices lagoon Agitation during waste;�Oter 13 Extend discharge point of pipes un—demeath conveyance _�:_ lagoon liquid level id capacity; Lagoon surfaces 0 Volatile gas emissions; _P�ropejrr I­agoon 1­1quid .. �.­­­ .9 0 Blologlcal mixing; ff"Eorrect lagoon startup procedures; 0 Agitation Ey"Minimum surface area -to -volume ratio; P_1� rinimurn agitation when,pumping; 11 Mechanical aeration; Cl Proven biological additives - Irrigation sprinkler 0 High pressure agitation;-- =riplte oil dry days with little or no nozzles 0 Wind drift '��Zimum recommended operating pressure ir >Tln GP Pump Intake near lagoon liquid surface;' 0 Pump from second -stage lagoon __�Iorage —tank or basia - Partia—Im—icrobial decomposition; 0 Bottom or midlevel loading; surface 0 Mixing while filling; C1 Tank covers; 0 Agitation when emptying 13 Basin surface mats of solids; Set ling UTSUT5 0 Partial microbial decompos tion; Cl CI Proven biological additives or oxidants Extend drainpipe outlets underneath liquid 0 Mixing while filling; level; 9 Agitation when emptying 0 Remove settled solids regularly Manure, slurry or sludge spreader outlets when spreading; 0 Soil injection of slurry/sludges; Volatile gas emissions 0 Wash residual manure from spreader after use,; _O�ncoveredmanure, 0 Proven biological additives or oxidants slurry or sludge on field Volatile drying gas emissions while Cl Soil injection of slurry/sludges surfaces 0 Soil incorporation widiin 48 lirs.; 13 Spread in thin uniform layers for rapid drying; El Proven biological additives oroxidanis --5—eadanimals Carcass decomposition ­_—Fl� ­­ 4� Froper ti�isposhjon Of ca�rcasses Dead animal disposal a—Zarcass _dcc­om_p_os_i1io­n pits 11 Complete covering of carcasses in burial pits; 0 Proper 10catiOn/cons(ruction or disposal pits Incinerators Incomplete combustion 0 Secondary stack burners AMOC -November 11, 1996, Page 4 Source Cause DMPs to Minimize Odor Site Specifle Practices Standing water aroun� Improper drainage; W-Grade and landscape such that water drains facilities Microbial decomposition of away from facilities organic matter Mauro tracked onto Poorly maintained access roads 49' Farm access road mainicnance public roads 6om farm access Additional Information Swint Manure Management; 0200 Rule/BM _P_ P-ac--k-e-t- Swint Production Farm Potential Odor Sources and Remedies; EBAEFactShect Swine Production Facility Manure Management: Pit Recharge - Lagoon Treatment; EBAE 128-88 Swine Production Facility Manure Management: Underfloor Flush - Lagoon Treatment; EBAE 129-88 Lagoon Design and Management for Livestock Manure Treatment and Storage ; EBAE 103-83 Calibration of Manure and Wastewater Application Equipment; EBAEFactSheet Controlling Odors from Swine Buildings; PIH-33 Environmental Assurance Program -, NPPC Manual Options for Managing Odor ; a report from the Swine Odor Task Force Nuisance Concerns in Animal Manure Management: Odors and Flies; PRO 107, 1995 Conference Proceedings AMOC -November 11, 1996, Page 5 Available From: NCSU, County Extension Center NCSU-BAE NCSU-BAE NCSU-BAC- HCSU-BAE NCSU-BAE NCSU - Swine Extension NC Pork Producers Assoc NCSU Agri Communications Florida Cooperative Extension 2)" � L—) In -sect Control Checklist for Animal Operations Source Cause BMPS to Contra] Insects ite Specific Practices Liquid Systems Flush Gutters Accumulation of solids A3--Tbsh system is designed and operated sufficiently to remove accumulated solids from gutters as designed. P�—`Remove bridging of accumulated solids at discharge Lagoons and Pits Crusted Solids EP-191aintain lagoons, settling basins and pits where pest breeding is apparent to minimize the crusting of solids to a depth of no more than 6 - 8 inches over more than 30% of surface. Excessive Vegetative Decaying vegetation R"Maintain vegetative control along banks of — Growth lagoons and other impoundments to prevent accumulation of decaying vegetative matter along watees edge on impoundmenfs perimeter. Feeders Feed Spillage Feed Storage Accumulations of feed residues AMIC - November 11, 1996, Page I Dry Systems 0 Design, operate and maintain feed systems (e.g., bunkers and troughs) to minimize the accumulation of decaying wastage. Er— C—lean up spillage on a routine basis (e.g., 7 - 10 day interval during summer; 15-30 day interval during winter). 0 Reduce moisture accumulation within and around immediate perimeter of feed storage areas by insuring drainage away from site and/or providing adequate containment (e.g., covered bin for brcwces grain and similar high moisture grain products). 0 Inspect for and remove or break up accumulated solids in filter strips around feed storage as needed. I'- It 3 SAMPSON COUNTY EMERGENCY ACTION PLAN DIVISION OF WATER QUALITY (DWO) 910-486-1541 EMERGENCY MANAGEMENT SERVICES (EMS) 910-592-8996 SOIL & WATER CONSERVATION DISTRICT (SWCD) 910-592-7963 NATURAL RESOURCES CONSERVATION SERVICE (NRCS) 910-592-7963 COOPERATIVE EXTENSION SERVICE (CES) 910-592-7161 This plan will be implemented in the event that wastes from your operation are leaking, overflowing, or running off the site. You should NOT wait until wastes reach surface waters or leave your property to consider that you have a problem. You should make every effort to ensure that this does not happen. This plan should be posted in an accessible location for all employees at the facility. The following are some action items you should take. I. Stop the release of wastes. Depending on the situation, this may or may not be possible. Suggested responses to problems are listed below: A. Lagoon overflow -possible solutions are: a. Add soil to berm to increase elevation of dam, any permanent alteration of the dam should be approved by a qualified technical specialist. b. Pump wastes to field at an acceptable rate. c. Stop all additional flow to the lagoon -hold waste in the house if possible. d. Call a pumping contractor. e. Make sure no surface water is entering lagoon. B. Runoff from waste application field -action include: a. Immediately stop waste application. b. Create a temporary diversion or berm to contain the waste. c. Incorporate waste to reduce further runoff. d. Evaluate and eliminate the reason(s) that caused the runoff. e. Evaluate the application rates for the fields where runoff occurred. C. Leakage from the waste pipes and sprinklers -action include: a. Stop recycle (flushing system) pump. b. Stop irrigation pump. c. Close valves to eliminate further discharge. e. Repair all leaks prior to restarting pumps. D. Leakage from flush system, houses, solids separators -actions include: a. Stop recycle (flushing system) pump. b. Stop irrigation pump. c. Make sure no siphon effect has been created. d. Stop all flows in the house, flush systems, or solid separators. e. Repair all leaks prior to restarting pumps. E. Leakage from base or sidewall of lagoon ' Often this is seepage as opposed to flowing leaks7possible action: a - Dig a small sump or ditch to catch all Seepage, put in a submersible pump, and pump back into lagoon. b. If holes are caused by burrowing animals, trap or remove animals and fill holes and Compact with a clay type 50il. c. Have a professional evaluate the condition of the side walls and the lagoon bottom as soon as possible. 2. Assess the extent of the spill and note any obvious damages, a. Did the waste reach any surface waters? b. Approximately how much was released and for what duration'2 c. Any damage noted, such as employee injury, fish kills, or property damage? d. Did the spill leave the property? e. Does the spill have the potential to reach surface waters-� f. Could a future rain event cause the spill to reach surface waters? g. Are potable water wells in danger (either on or off of the property)? h. How much reached surface waters? 3. Contact appropriate agencies. a. During normal business hours, call your DWO (Division of Water Quality) regional office, at 910-486-1541, after hours, emergency number;919-733-.3942. Your phone call should include: YOUR NAME, FACILITY, TELEPHONE NUMBER, THE DETAILS OF THE INCIDENT FROM ITEM #2 ABOVE, THE EXACT LOCATION OF THE FACILITY, AND THE LOCATION OR DIRECTION OF MOVEMENT OF THE SPILL, WEATHER AND WIND CONDITIONS. THE CORRECTIVE MEASURES THAT HAVE BEEN UNDER TAKEN, AND THE SERIOUSNESS OF THE SITUATION. b. If spill leaves property or enters surface waters, call local (EMS) Emergency Management Services at 910-592-8996. c. Instruct EMS to contact local Health Department. d. Contact local SAMPSON Soil and Water Conservation District (SWCD-), Natural Resources Conservation Service (NRCS) office at 910-592-7963 and Cooperative Extension Service (CES) at 910-592-7161 for advice/technical assistance. 4. If none of the above works call 911 or the sheriffs Department and explain your problem to them and ask that person to contact the proper agencies for You. 5. Contact the contractor of your choice to bc-gin r9Pair of thc- problem to minimize Off -site damage. a. Contractors Name: b. Contractors Address: c. Contractors Phone: 6. Contact the technical specialist who certified the lagoon (NRCS, Consulting Engineer, etc.) a. Name: )24nd, &vt Act Phone, b. . 7. Implement procedures as advised by DWO and technical assistance agencies to rectify the damage, repair the system, and reassess the waste management plan to keep problems with release of wastes from happening again. S. If you are a contract swine grower associated with a swine company integrator, contact the company representative at 1-910-592-5771 OPERATION & MAINTENANCE PLAN �roper lagoon liquid management should be a year-round priority. It is especially important to manage levels so that you do not have problems during extended rainy and wet periods. Maximum storage capacity should be available in the. lagoon for periods when the receiving crop is dormant (such as wintertime for bermudagrass) or when there are extended rain f y spells such as the thunderstorm season in the summertime. This means that at the Jrst signs of plant growth in the later winter/early spring, irrigation according to a farm waste management plan should be done whenever the land is dry enough to receive lagoon liquid. This will make storage space available in the lagoon for future wet periods. In the late summer/early fall the lagoon should be pumped down to the low marker (see Figure 2-1) to allow for winter storage. Every effort should be made to maintain the lagoon close to the minimum liquid level as long as the weather and waste utilization plan will allow it. Waiting until the lagoon has reached its maximum storage capacity before starting to irrigate does not leave room for storing excess water during extended wet periods. Overflow from the lagoon for any reason except a 25-year, 24-hour storm is a violation of state law and subject to penalty action. The routine maintenance of a lagoon involves the following: Maintenance of a vegetative cover for the dam. Fescue or common bermudagrass are the most common vegetative covers. The vegetation should be fertilized each year, if needed, to maintain a vigorous stand. The amount of fertilizer applied should be based on a soils test, but in the event that it is not practical to obtain a soils test each year, the lagoon embankment and surrounding areas should be fertilized with 8GO pounds per acre of 10-10-10, or equivalent. Brush and trees on the embankment must be controlled. This may be done by mowing, spraying, grazing, chopping, or a combination of these practices. This should be done at least once a year and possibly twice in years that weather conditions are favorable for heavy vegetative growth. NOTE: If vegetation is controlled by spraying, the herbicide must not be allowed to enter the lagoon water, Such chemicals could harm the bacteria in the lagoon that are treating the waste. Maintenance inspections of the entire lagoon should be made during the initial filling of the lagoon and at least monthly and after major rainfall and storm events. Items to be checked should include, as a minimum, the following: Waste Inlet Pipes, Recycling Pipes, and Overflow Pipes --- look for: 1. separation of joints 2. cracks or breaks 3. accumulation of salts or minerals 4. overall condition of pipes Lagoon surface --- look for: 0 1. undesirable vegetative growth 2. floating or lodged debris Embankment --- look for: I . settlement, cracking, or "jug" holes 2. side slope stability --- slumps or bulges 3. wet or damp areas on the back slope 4. erosion due to lack of vegetation or as a result of wave action 5. rodent damage Larger lagoons may be subject to liner damage due to wave action caused by strong winds. These waves can erode the lagoon sidewalls, thereby weakening the lagoon dam. A good stand of vegetation will reduce the potential damage caused by wave action. If wave action causes serious damage to a lagoon sidewall, baffles in the lagoon may be used to reduce the wave impacts. Any of these features could lead to erosion and weakening of the dam. If your lagoon has any of these features, you should call an appropriate expert familiar with design and construction of waste lagoons. You may need to provide a temporary fix if there is a threat of a waste discharge. However, a permanent solution should be reviewed by the technical expert. Any digging into a lagoon dam with heavy equipment is a serious undertaking with potentially serious consequences and should not be conducted unless recommended by an appropriate technical expert. Transfer Pumps --- check for proper operation of: 1 . recycling pumps 2. irrigation pumps Check for leaks, loose fittings, and overall pump operation. An unusually loud or grinding noise, or a large amount of vibration, may indicate that the pump is in need or repair or replacement. NOTE: Pumping systems should be inspected and operated frequently enough so that you are not completely "surprised" by equipment failure. You should perform your pumping system maintenance at a time when your lagoon is at its low level. This will allow some safety time should major repairs be required. Having a nearly full lagoon is not the time to think about switching, repairing , or borrowing pumps. Probably, if your lagoon is full, your neighbor's lagoon is full also. You should consider maintaining an inventory of spare parts or pumps. Surface water diversion features are designed to carry all surface drainage waters (such as rainfall runoff, roof drainage, gutter outlets, and parking lot runoff) away from your lagoon and other waste treatment or storage structures. The only water that should be coming from your lagoon is that which comes from your flushing (washing) system pipes and the rainfall that hits the lagoon directly. You should inspect your diversion system for the following: I , adequate vegetation 2. diversion capacity 3. ridge berm height Identified problems should be corrected promptly. It is advisable to inspect your system during or immediately following a heavy rain. If technical assistance is needed to determine proper solutions, consult with appropriate experts. You should record the level of the lagoon just prior to when rain is predicted, and then record the level again 4 to 6 hours after the rain (assumes there is no pumping). This will give you an idea of how much your lagoon level will rise with a certain rainfall amount (you must also be recording your rainfall for this to work). Knowing this should help in planning irrigation applications and storage. If your lagoon rises excessively, you may have an inflow problem from a surface water diversion or there may be seepage into the lagoon from the surrounding land. Lagoon Operation Startup: 1. Immediately after construction establish a complete sod cover on bare soil surfaces to avoid erosion. 2. Fill new lagoon design treatment volume at least half full of water before waste loading begins, taking care not to erode lining or bank slopes. 3. Drainpipes into the lagoon should have a flexible pipe extender on the end of the pipe to discharge near the bottom of the lagoon during initial filling or another means of slowing the incoming water to avoid erosion of the lining, 4. When possible, begin loading new lagoons in the spring to maximize bacterial establishment (due to warmer weather). It is recommended that a new lagoon be seeded with sludge from a healthy working swine lagoon in the amount of 0.25 percent of the full lagoon liquid volume. This seeding should occour at least two weeks prior to the addition of wastewater. 6. Maintain a periodic check on the lagoon liquid pH. If the pH falls below 7.0, add agricultural lime at the rate of I pound per 1000 cubic feet of lagoon liquid volume until the pH rises above 7.0. Optimum lagoon liquid pH is between 7.5 and 8.0. 7. A dark color, lack of bubbling, and excessive odor signals inadequate. biological activity, Consultation with a technical specialist is recommended if these conditions occur for prolonged periods, especially during the warm season. Loading: The more frequently and regularly that wastewater is added to a lagoon, the better the lagoon will function. Flush systems that wash waste into the lagoon several times daily are optimum for treatment. Pit recharge systems, in which one or more buildings are drained and recharged each day, also work well. Management: Practice water conservation --- minimize building water usage and spillage from leaking waterers, broken pipes and washdown through proper maintenance and water conservation. Minimize feed wastage and spillage by keeping feeders adjusted. This will reduce the amount of solids entering the lagoon Maintain lagoon liquid level between the permanent storage level and the full temporary storage level. Place visible markers or stakes on the lagoon bank to show the minimum liquid level and the maximum liquid lever (Figure 2-1). Start irrigating at the earliest possible date in the spring based on nutrient requirements and soil moisture so that temporary storage will be maximized for the summer thunderstorm season. Similarly, irrigate in the late summer/early fall to provide maximum lagoon storage for the winter. The lagoon liquid level should never be closer than I foot to the lowest point of the dam or embankment. Do not pump the lagoon liquid level lower that the permanent storage level unless you are removing sludge. Locate float pump intakes approximately 18 inches underneath the liquid surface and as far away from the drainpipe inlets as possible. Prevent additions of bedding materials, long-stemmed forage or vegetation, molded feed, plastic syringes, or other foreign materials into the lagoon. Frequently remove solids from catch basins at end of confinement houses or wherever they are installed. Maintain strict vegetation, rodent, and varmint control near lagoon edges. Do not allow trees or large bushes to grow on lagoon dam or embankment. Remove sludge from the lagoon either when the sludge storage capacity is full or before it fills 50 percent of the permanent storage volume. If animal production is to be terminated, the owner is responsible for obtaining and implementing a closure plan to eliminate the possibility of a pollutant discharge. Sludge Removal: Rate of lagoon sludge buildup can be reduced by: proper lagoon sizing, mechanical solids separation of flushed waste, gravity settling of flushed waste solids in an appropriately designed basin, or minimizing feed wastage and spillage. Lagoon sludge that is removed annually rather than stored long term will: have more nutrients, have more odor, and require more land to properly use the nutrients. Removal techniques: Hire a custom applicator. Mix the sludge and lagoon liquid with a chopper -agitator impeller pump through large -bore sprinkler irrigation system onto nearby cropland; and soil incorporate. Dewater the upper part of lagoon by irrigation onto nearby cropland or forageland; mix remaining sludge; pump into liquid sludge applicator; haul and spread onto cropland or forageland; and soil incorporate. Dewater the upper part of lagoon by irrigation onto nearby cropland or forageland; dredge sludge from lagoon with dragline or sludge barge; berm an area beside lagoon to receive the sludge so that liquids can drain back into lagoon; allow sludge to dewater; haul and spread with manure spreader onto cropland or forageland; and soil incorporate. Regardless of the method, you must have the sludge material analyzed for waste constituents just as you would your lagoon water. The sludge will contain different nutrient and metal values from the liquid. The application of the sludge to fields will be limited by these nutrients as well as any previous waste applications to that field and crop requirement. Waste application rates will be discussed in detail in Chapter 3. When removing sludge, you must also pay attention to the liner to prevent damage. Close attention by the pumper or drag -line operator will ensure that the lagoon liner remains intact. If you see soil material or the synthetic liner material being disturbed, you should stop the activity immediately and not resume until you are sure that the sludge can be removed without liner injury. If the liner is damaged it must be repaired as soon as possible. Sludge removed from the lagoon has a much higher phosphorus and heavy metal content than liquid. Because of this it should probably be applied to land with low phosphorus and metal levels, as indicated by a soil test, and incorporated to reduce the chance of erosion. Note that if the sludge is applied to fields with very high soil -test phosphores, it should be applied only at rates equal to the crop removal of phosphorus. As with other wastes, always have your lagoon sludge analyzed for its nutrient value. The application of sludge will increase the amount of odor at the waste application site. Extra precaution should be used to observe the wind direction and other conditions which could increase the concern of neighbors. Possible Causes of Lagoon Failure Lagoon failures result in the unplanned discharge of wastewater from the structure. Types of failures include leakage through the bottom or sides, overtopping, and breach of the dam. Assuming proper design and construction, the owner has the responsibility for ensuring structure safety. Items which may lead to lagoon failures include: Modification of the lagoon structure --- an example is the placement of a pipe in the dam without proper design and construction. (Consult an expert in lagoon design before placing any pipes in dams.) Lagoon liquid levels --- high levels are a safety risk. Failure to inspect and maintain the dam. Excess surface water flowing into the lagoon. Liner integrity --- protect from inlet pipe scouring, damage during sludge removal, or rupture from lowering lagoon liquid level below groundwater table. NOTE: If lagoon water is allowed to overtop the dam, the moving water will soon cause gullies to form in the dam. Once this damage starts, it can quickly cause a large discharge of wastewater and possible dam failure. Y�__ )_ 0 version— November 26,2018 Pvlortality 7t0anagement Methods Indicate which method(s) will be implemented. When selecting multiple methods indicate a primary versus secondary option. Methods other than those listed must be approved by the State Veterinarian. Primary Secondary Routine Mortality Burial three feet beneath the surface of the ground within 24 hours of knowledge of animal death. The burial must be at least 300 feet from any flowing stream or public body of water (G.S. 106-403). The bottom of the burial pit should be at least one foot above the seasonal high water table. Attach burial location map and plan. Landfill at municipal solid waste facility permitted by NC DEQ under GS 15A NCAC 13B .0200. 7 Rendering at a rendering plant licensed under G.S. 106-168.7 7 7 Complete incineration according to 02 NCAC 52C.0102. A composting system approved and permitted by the NC Department of Agriculture & Con- sumer Services Veterinary Division (attach copy of permit). If compost is distributed off -farm, additional requirements must be met and a permit is required from NC DEQ. ' In the case of dead poultry only, placing in a disposal pit of a size and design approved by the NC Department of Agriculture & Consumer Services (G.S. 106-549.70). Any method which, in the professional opinion of the State Veterinarian, would make possible the salvage of part of a dead animal's value without endangering human or animal health. (Written approval by the State Veterinarian must be attached). F-1 Mass Mortality Plan Mass mortality plans are required for farms covered by an NPDES permit. These plans are also recommended for all animal operations. This plan outlines farm -specific mortality man- agement methods to be used for mass mortality. The NCDA&CS Veterinary Division sup- ports a variety of emergency mortality disposal options; contact the Division for guidance. • A catastrophic mortality disposal plan is part of the facility's CAWMP and is activated when numbers of dead animals exceed normal mortality rates as specified by the State Veterinarian. • Burial must be done in accordance with NC General Statutes and NCDA&CS Veterinary Division regulations and guidance. • Mass burial sites are subject to additional permit conditions (refer to facility's animal waste management system permit). • In the event of imminent threat of a disease emergency, the State Veterinarian may enact additional temporary procedures or measures for disposal according to G.S. 106-399.4. ,� �\ (6 S t i e of Farm Owner/Manager 3/0 7 Date Signature of Technical Specialist Date 0 Alvs r-206 2-r-) Operator: ABC Swine Services County: Sampson Distance to nearest residence (other than owner): 1. AVERAGE LIVE WEIGHT (ALW) Date: 04/25/19 1200.0 feet 0 sows (farrow to finish) x 1417 lbs. 0 lbs 0 sows (farrow to feeder) x 522 lbs. 0 Ibs 6978 head (finishing only) x 135 lbs. 942030 lbs 0 sows (farrow to wean) x 433 lbs. 0 lbs 0 head (wean to feeder) x 30 lbs. 0 lbs Describe other 0 Total Average Live Weight 942030 lbs 2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON Volume = 942030 lbs. ALW x Treatment Volume(CF)/Ib. ALW Treatment Volume(CF)/Ib. ALW = 1 CF/lb. ALW Volume = 942030 cubic feet 3. STORAGE VOLUME FOR SLUDGE ACCUMULATION Volume = 0.0 cubic feet 4. TOTAL DESIGNED VOLUME Inside top length 459.0 Inside top width 390.0 Top of dike elevation (feet)----- 50.0 Bottom of lagoon elevation (feet) --------- 39.5 Freeboard (feet)- 1.0 Side slopes (inside lagoon) --------------- — - 3.0 :1 Total design volume using prismoidal formula SS/END1 SS/END2 SS/SIDE1 SS/SIDE2 LENGTH WIDTH DEPTH 3.0 3.0 3.0 3.0 453.0 384.0 9.5 AREA OF TOP LENGTH * WIDTH 453.0 384.0 173952 (AREA OF TOP) AREA OF BOTTOM LENGTH * WIDTH 396.0 327.0 129492 (AREA OF BOTTOM) AREA OF MIDSECTION LENGTH * WIDTH * 4 424.5 355.5 603639 (AREA OF MIDSECTION -4) CU. FT.= [AREA TOP+ (4*AREA MIDSECTION) +AREA BOTTOM] * DEPTH/6 173952.0 603639.0 129492.0 1.6 Total Designed Volume Available = 1436215 CU. FT 5. TEMPORARY STORAGE REQUIRED DRAINAGE AREA: Lagoon (top of dike) Length Width 459.0 390.0 179010.0 squarefeet Buildings (roof and lot water) 0.0 square feet Describe this area. TOTALDA 179010.0 squarefeet Design temporary storage period to riod to b e 180 days. 5A. Volume of waste produced Feces & urine production in gal./day per 135 lb. ALW 1.37 Volume = 942030 lbs. ALW11 35 lbs. ALW * 1.37 gal/day 180 days Volume = 1720775 gals. or 230050.1 cubic feet 5B. Volume of wash water This is the amount of fresh water used for washing floors or volume of fresh water used for a flush system. Flush systems that recirculate the lagoon water are accounted for in 5A. Volume = 0.0 gallons/day 180 days storage/7.48 gallons Volume = 0.0 cubic feet per CF 5C. Volume of rainfall in excess of evaporation Use period of time when rainfall exceeds evaporation by largest amount. 180 days excess rainfall 7.0 inches Volume = 7.0 in * DA / 12 inches per foot Volume = 104422.5 cubic feet 5D. Volume of 25 year - 24 hour storm Volume = 7.0 inches / 12 inches per foot * DA Volume = 104422.5 cubic feet TOTAL REQUIRED TEMPORARY STORAGE 5A. 230050 cubic feet 513. 0 cubic feet 5C. 104423 cubic feet 5D. 104423 cubic feet TOTAL 438895 cubic feet &SUMMARY Temporary storage period====================> 180 days Rainfall in excess of evaporation===========> 7.0 inches 25 year - 24 hour rainfall==================> 7.0 inches Freeboard===================================> 1.0 feet Side 3.0 : 1 Inside top length===========================> 459.0 feet Inside top width============================> 390.0 feet Top of dike elevation=======================> 50.0 feet Bottom of lagoon elevation==================> 39.5 feet Total required volume=======================> 1380925 cu. ft. Actual design volume========================> 1436215 cu. ft. Seasonal high watertable elevation (SHWT)===> 43.1 feet Stop pumping 46.3 feet Must be > or = to the SHWT eIev.==========> 43.1 feet Must be > or = to min. req. treatment el.=> 45.5 feet Required minimum treatment volume===========> 942030 cu. ft. Volume at stop pumping elevation============> 984613 cu. ft. Start pumping 48.4 feet Must be at bottom of freeboard & 25 yr. rainfall Actual volume less 25 yr, 24 hr. rainfall==> 1331792 cu. ft. Volume at start pumping elevation===========> 1331036 cu. ft. Required volume to be pumped================> 334473 cu. ft. Actual volume planned to be pumped==========> 346422 cu. ft. Min. thickness of soil liner when required==> 1.5 feet 7 DESIGNED BY: APPROVED BY: DATE: L DATE NOTE: E TILIZATION PLAN COMMENTS: 9". Ik 4; Hoini�� - '- - 3 J vi � � 1--� OPERATION & MAINTENANCE PLAN Proper lagoon liquid management should be a year-round priority, It is especially Important to manage levels so that you do not have problems during extended rainy and wet periods, Maximum storage capacity should be available in the lagoon for periods when the receiving crop is dormant (such as wintertime for bermudagrass) or when there are extended piny spells such as the thunderstorm season in the summertime. This means that at the first signs of plant growth in the later winter/early spring, irrigation according to a farm waste management plan should be done whenever the land is dry enough to receive ligoon liquid. This will make storage space available in the lagoon for future wet periods, In the late summer/early fall the lagoon should be pumped down to the low marker (see Figure 2-1) to allow for winter storage. Every effort should be made'lo maintain the lagoon close to the minimum liquid level as long as the weather and ivaste utilization.plan will Olow it. Waiting until the lagoon has reached its maximum storage capacity before starting to irrigale-does not leave room for storing excess water during extended wet periods. Overflow from the lagoon for any reason except a 25-year, 24-hour storm is a violation of state law and subject to penalty action. The routine maintenance of a lagoon involves the following: 1> Maintenance of a vegeta6ve cover for the dam, Fescue or common bermudagrass are the most common vegetative covers, The vegetation should be fertilized each year, if needed, to maintain a vigorous stand. The amount of fertilizer applied should be based on a soils test, but in the event that it is not practical to obtain a soils test each year,.the lagoon embankment and surrounding areas should be fertilized with 800 pounds per acre of 10- 10- 10, or equivalent, Brush and trees on the embankment must be controlled. This may be 0 done by mowing, spraying, grazing, chopping, or a combination of these practices. This should be done at least once a year and possibly twice in years that weather conditions are favorable for heavy vegetative growth. NOTE: If vegetation is controlled by spraying, the herbicide must not be allowed to enter the lagoon water. Such chemicals could harm the bacteria in the lagoon that are treating the waste. Maintenanqe inspections of the entire lagoon should be made during the initial filling of the lagoon and at least monthly and after major rainfall and storm events, Items to be checked should include, as a minimum, the following: Waste Inlet Pipes, Recycling Pipes, and Overflow Pipes --- look for: I. separation of joints 2. cracks or breaks 3. accumulation of salts or minerals 4. overall condition of pipes Lagoon surface ---look for: I . undesirable ve-vetative growth 2. floating or lodied debris Embankment --- look for: 1 . settlement, cracking or "jug" holes 2. side slope stability. -'slumps or bulges 3. wet or damp areas on the back sloN 4, erosion due to lack of vegetation or as a result of wave action 5. rodent damage Larger lagoons may be subject to liner damage due to wave action caused by strong winds. these waves can erode the lagoon sidewalls, thereby weakening the lago6n dam. A good stand of vegetation will reduce the potential damage caused by wave action. If wave action causes serious damage to a lagoon sidewall, baffles in the lagoon may be used to reduce the wave impacts. Any of these features could lead to erosion and weakening of the dam. If your lagoon has any Of these features, you should call an appropriate expe construction of waste lagoons. You may need to provide rt familiar with design and a temporary fIx if there is a threat of a waste discharge. However, a permanent solution should be reviewed by the technicalleXpert. Any digging into a lagoon dam with heavy equipment is a serious undertaking with Potentially serious consequences and should not beconducted unless reCommehded by an appropriate technical expert, Transfer Pumps --- check for Proper operation of. I . recycling Pumps 2. irrigation pumps Check forl leaks, loose fittings, and overall Pump operation, An unusually loud or grinding noise, or a large amount of vibration, may indicate that the pump is in need or repair or replacement. NOTE: Pumping systems should �e inspected and operated frequently enough so that you are not completely "Surprised" by equipment fCure, You should rform your pumping . This will allow some system maintenance at a time when your lagoon is at its low level pe safety time should major rep&s be required. Having a nearly full lagoon is not the time to think about switching, repairing , or borrowing pumps. Probably, if your lagoon is full, Your neighbor's lagoon is full also. You should consider maintaining an inventory of spare pans or PUMPS. Surface water diversion features are designed to carry all surface drainage waters (such as rainfall runoff, roof drainage, gutter outlets," and parking lot runoff) away from your lagoon and other waste treatment or storage structures, The only water that should be coming from your lagoon is that which comes from your flushing (washing) sYstem pipes and the rainfall that hits the lagoon directly. YOU should inspect your diversion sYstem for the following, I , adNuatc vc-getation 2. divc:rslon "Pacity 3. ridge berm height Identified problems should be corrected promptly. It is advisable to inspect your system duri%pr immediately following a heavy rain. If technical assistance is needed to determine proper solutions, consult with appropriate experts. YOU should record the level of the lagoon just prior to when rain is predicted, and then record the level again 4 to 6 hours after th'e rain (assumes there is no pumping). This will give you an idea of how much your lagoon level will rise with a certain rainfall amount (YOU must also be recording your rainfall for. this to work). Knowing this should help in Plarming irrigation applications and storage, If your lagoon rises excessively, you may have an inflow problem from a surface water diversion or there may be seepage into the lagoon from the surrounding land. Lagoon Operation Startup., Immediately after construction establish a complete sod cover on bare soil surfaces to avoid erosion, 2. Fill new lagoon design treatment volume at least half full of water -before waste loading begins, taking care not to erode lining or bank slopes. Drainpipes into the lagoon should have a flexible pipe extender on the end of the pipe to discharge near the bottom of the lagoon during initial filling or another means of slowing the incoming water to avoid erosion of the lining, 4. When possible, begin loading new lagoons in the spring to maximize bacterial establishment (due to warmer weather). It is recommended that a new lagoon be seeded ith sludge from a healthy working swine lagoon in the amount of 0.25 perwcent of the full lagoon liquid volume, This seeding should occour at least two weeks prior to the addidon Of wastewater. 6. Maintain a periodic check on the lagoon liquid pH.- If the pH falls below 7.0, add agricultural lime at the rate of 1 pound per 1000 cubic feet of lagoon liquid volume until the pH rises above 7.0, Optimum lagoon liquid pH is between 7.5 and 8.0. 7. A dark color, lack of bubbling, and excessive odor signals inadequ4te biological activity, Consultation with a technical sPecWist is recommended if these conditions occur for prolonged periods, especially during the warm season, Loading: The more frequently and regularly that wastewater is added to a lagoon, the better the lagoon will function. FlLish systems that wash waste into the lagoon several times daily are optimum for treatment, Pit re -charge systems, in which one or more buildings are drained and recharged each day, also work well, Practice water conservation --- minimize building water usage and spillage from leaking waterers, broken pipes and washdown through proper Maintenance and water conservation. Minimize feed wastage and spillage b� keeping feeders adjusted. This will reduce the amount of solids entering the lagoon Management: Maintain lagoon liquid level between the Permanent storage level and the full temporary storage level, Place visible markers or stakes on the lagoon bank to show the minimum liquid level and the maximum liquid lever (Figure 2-1). Stan irrigating at the earliest possible date in the spring based on nutrient requirements and soil moisture so that temporary storage will be maximized for the summer thunderstorm season. Similarly, irrigate in the late summer/early fC to provide maximum lagoon storage for the winter, The lagoon liquid level should never be closer than 1 foot to the lowest point of the dam or embankment. Do not pump the lagoon liquid level lower that the Permanent storage level unless you are removing sludge, Locate float pump intakes approximately 18 inches underneath the liquid surface and as far away from the drainpipe inlets as possible. Prevent additions of bedding materials, long-stemmed forage or vegetation, molded feed, plastic syringes, or other foreign materials into the lagoon. Frequently remove solids from catch basins at end of confinement houses or wherever they are installed. Maintain strict vegetation, rodent, and varmint control near lagoon wedges. Do not allow trees or large bushes to grow on lagoop dam or embankment. Remove sludge from the lagoon either when the sludge storage capacity is full or before it fills 50 percent of the Permanent storage volume, If animal production is to be terminated, the owner is re ponsible for obtaining and implementing a closure plan to eliminate thse possibility of a pollutant discharge. Sludge Removal: ?,ate of.lagoon sludge buildup can be reduced by, proper lagoon sizing, mechanic,11 solids separation of flushed waste, gravity settling of flushed waste solids in an appropriately designed basin, or minimizing feed wastage and spillage, Lagoon sludge that is removed annually rather than stored long term will: P have more nutrients, have more odor, and require more land to properly use the nutrients. Removal techniques: Hire a custom applicator. Mix the sludge and lagoon liquid with a chopper -agitator impeller Pump through large, -bore sprinkler irrigation system onto nearby cropland, and Soil incorporate. Dewater the upper part of lagoon by irrigation onto nearby croplazid or forageland; mix remaining sludge; Pump into liquid sludge applicator; haul and spread Onto cropland or forageland; and soil incorporate, Dewater the upper part of lagoon by irrigation onto nearby cropland or forageland; dredge sludge from lagoon with dragline or sludge ba�rge; berm an area beside lagoon to receive the sludge so that liquids can draiR back into lagoon; allow sludge to dewater; haul and spread with manure spreader onto cropland or forageland; and soil incorporate, Regardless of the method, you must have the sludge material anal ed . for waste constituents just as you would your lagoon water, The sludge wil�zcontain different nutrient and metal values from the liquid. The application of the sludge to fields will be limited by these nutrients as well as any previous waste applications to that field and crop requirement. Waste application rates will be diScussed in detail in Chapter 3. When removing sludge, you must also pay attention to the liner to prevent damage. Close attention by the pumper or drag -line operator will ensure that the lagoon liner remains intact. If -you see soil material or the synthetic liner material being disturbed, you should stop the a6tivity immediately and not resume until you are sure that the sludge can be removed without liner injury. If the liner is damaged it must be repaired as soon as possible. . Sludge removed from the lagoon has a much higher Phosphorus and heavy metal content than liquid. Because of this it should probably be applied to land with low phosphorus and metal levels, as indicated by a soil test, and incorporated to reduce the chance of erosion. 'Note that if the sludge is applied to fields with very high soil -test phosph should beapplied only at rates equal to the crop removal of phosphorus. As with otrheesr' It wastes, arways have your lagoon sludge analyzed -for its nutrient value. e) The application of sludge will increase the amount of odor at the waste application site. Extra precaution should be used to observe the wind direction and other condiUons which could increase the concern of neighMrs, Possible Causes of Lagoon Failure LagOOn failures result in the unplanned discharge of wastewater from the structure: Types of failures include leakage through the bottom or sides, Overtopping, and breach of the dam. Assuming Proper design and construction, the owner has the responsibility for ensur'4 structure safety. Items which may lead to lagoon failures include: Wdification of the lagoon structure ... an example is the placement of a pipe in the dam without Proper design and construction, (Consult an expert in lagoon design before placing any pipes in dams,) Lagoon liquid levels ---high levels are a safety risk, Failure to inspect and maintain the dam. Excess surface water flowing into the lagoon. Liner integrity --- protect from inlet Pipe scouring, damage during sludge removal, or rupture from lowering lagoon liquid level below groundwater table, NOTE: 'If lagoon water is allowed to overtop the dam, the moving water will soon cause gullies to form in the dam. Once this damage starts, it can quickly cause a large discharge of waftewater and possible dam failure.