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HomeMy WebLinkAbout090153_Application_20240322State 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, 2024, 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, 2024. 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. 1. Certificate Of Coverage Number: AWS090153 2. Facility Name: Farm 5729 & Farm 3093 3. Permittee's Name (same as on the Waste Management Plan): Murphy -Brown LLC 4. Permittee's Mailing Address: PO Box 856 City: Warsaw Telephone Number: 910-293-3434 Ext. 5. Facility's Physical Address: City: State: NC E-mail: kwesterbeek�7u smithfield.com State: 6. County where Facility is located: Bladen 7. Farm Manager's Name (if different from Landowner): David C Nordin 8. Farm Manager's telephone number (include area code): 910-293-5330 Ext. 9. Integrator's Name (if there is not an Integrator, write "None"): Murphy -Brown LLC 10. Operator Name (OIC): Earl Sidney Hines Phone No.: 910-271-0942 11. Lessee's Name (if there is not a Lessee, write "None"): 12. Indicate animal operation type and number: Current Permit: Operations Type Swine - Farrow to Wean Operation Types: Allowable Count 8,988 Zip: 28398-0856 Zip: OIC #: 25245 Swine Cattle Dry Poultry Other Types 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 13. Waste Treatment Lagoons, Digesters and Waste Storage Ponds (WSP): (Fill/Verify the following information. Make all necessary corrections and provide missing data.) Structure Name Structure Type (Lagoon/Digester/ WSP) Estimated Date Built Liner Type (Clay, Synthetic, Unknown) Capacity (Cubic Feet) Estimated Surface Area (Square Feet) Design Freeboard "Redline" (Inches) 29 Lagoon 19.50 3093A Lagoon 1/1/1993 Full, clay 1,734,743.00 224,000.00 19.80 3093E Lagoon 1/1/1993 Full, clay 2,296,672.00 253,000.00 30.48 5729 Lagoon 1/1/1993 Full, clay 2,566,381.00 322,000.00 19.80 93 1 Lagoon 19.50 932 Lagoon 27.00 Submit one (1) copy of the Certified Animal Waste Management Plan (CAWMP) with this completed and signed application as required by NC General Statutes 143-215.1OC(d), either by mailing to the address below or sending it via email to the email address below. The CAWMP must include the following components: 1. The most recent Waste Utilization Plan (WUP), signed by 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 WUP 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, wetland determinations, or hazard classifications that may be applicable to your facility. 8. Operation and Maintenance Plan If your CAWMP includes any components not shown on this list, please include the additional components with your submittal. (e.g. composting, digesters, solids separators, sludge drying system, waste transfers, etc.) 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.) Print the Name of the Permittee/Landowner/Signing Official and Sign below. (If multiple Landowners exist, all landowners should sign. If Landowner is a corporation, signature should be by a principal executive officer of the corporation): Name Signati Name Signature: Name (Print): Signature: Title: QVQ fl`Q- 1-_ Date: 3 _ ,—)—"' r_0 c9Lq. Title: Date: Title: Date: THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS: E-mail: animal.operations@deq.nc.gov NCDEQ-DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 27699-1636 r: Address: PO Box 856 Checked By: n-ql:- Warsaw, NC 28398 Date: 08/04/16 County: Bladen Sheet 1 of 12 ANAEROBIC WASTE LAGOON DESIGN 1st STAGE FARM INFORMATION Farm Population: Nursery: ----------------- 0 Wean to Finish: --- ----------- --- 0 Finishing: ------------------- 0 Farrow to weanling:----------------- 4988 Hd. Farrow to feeder: — ------ --------- 0 Farrow to finish: ------------- ------ 0 Boars: -- ------- -------- 0 Storage Period: -- --------------- — 180 Days 25 Yr. / 24 Hr Storm Event ---------------- 7.5 In. "Heavy Rain" Factor Not Applicable Even if Value Shown 7.5 Rainfall in Excess of Evaporation -- --- —------- ---- 7.0 In. Additional Water Usage: — ---------------- 0 Additional Drainage Area: --------------- 0 LAGOON INFORMATION Is Lagoon Designed as an Irregular Shape? (YIN) ----------- N Does Operator Want Emergency Spillway? (Y/N)-------- N Was This Design Built Prior to 9/96? (Y/N)---------- Y Is Drain Tile Req'd to Lower SHWT? (Y/N) N Seasonal High Water Table Elev:--------------- 0.00% Freeboard: ----------------- 1.0 Ft. Emergency Spillway Flow Depth: Not Applicable Even if Value Shown 0.3 Side Slopes: ____.______M___ 3 :1 (H:V) Inside Top Length: --- --------------- 640.0 Ft. Inside Top Width: ------------------ 350.0 Ft. Top of Dike Elevation: -------------• Depth 53.50 Ft. Finished Bottom Elevation: ---------------- 10.00 Ft. 43.50 Ft. Start Pump Elevation: ---------------• 19.8 In. 51.85 Ft. Stop Pump Elevation: --------------- 24 In. 51.50 Ft. Additional Permanent storage provided in 2nd stage LAGOON VOLUME REQUIRED VOL. DESIGN VOLUMES % REQ'D. Storm Stor = 140000 (Cu.Ft.) 140,893 (Cu.Ft.) 100.64% Temporary = 0 (Cu.Ft.) 74,296 (Cu.Ft.) Permanent = 1814235 (Cu.Ft.) 1,519,554 (Cu.Ft.) 83.76% Total Volume = 1,954,235 (Cu.Ft.) 1,734,743 (Cu.Ft.) 88.77% 112 Treatment Volume = 907,118 (Cu.Ft.) 112 Treatment Volume Elevation = 47.51 Ft. Min. Required Liner Thickness Lagoon Surface Area: (Inside TOD) Murphy -Brown, LLC Engineering P.O. Box 856 ,Warsaw, NC 28398 71.84 in. 1.5 Ft. 224.000 S.F. (910) 293-3434 (3rower: jUPMA Designed y: Address: PO Box 856 Checked By: DSE Warsaw, NC 28398 Date: 08/04/16 County. Bladen Sheet 2 of 12 ACTUAL DESIGN VOLUME CALCULATIONS BASE VOLUME: Gu. Ft. LAGOON STAGE -AREA VOLUMES Contour Elevation IFT.) Area (8F) Incr. Vol. (Cu. FTC T Cumul. Vol. (Cu.FTj 43.50 168,200 p__�_ 44.00 170,819 84,755 84,755 45.00 176,111 173,465 258,220 46.00 181,475 178,793 437,013 47.00 186,911 184,193 621,206 48.00 192,419 189,665 810,871 49.00 197,999 195,209 1,006,080 50.00 203,651 200,825 1,206,905 51.00 209,375 206,513 1,413,418 52.00 215,171 212,273 1,625,691 53.00 221,039 218,105 1,843,796 53.50 224,000 111,260 1,955,056 These volumes were calculated us in the vertical average end area method. TOTAL REQD VOL 1,954,235 CF CUMULATIVE VOL. ZONE VOL. END PUMP = = = = 51.50 FT 1,519,554 CF TR'MT 1,519,554 START PUMP = = 51.85 FT 1,593,850 CF TEMP 74,296 MAX STORAGE = 52.50 FT 1,734,743 CF STORM 140,893 88.77% 83.76% 100.64% Murphy -Brown, LLC Engineering P.O. Box 856 ,Warsaw, NC 28398 (910) 293-3434 (rower: ;9uv jA Address: PO Box 856 Warsaw, NC 28398 County: Bladen -jesigned by: r�Livv Checked By: , Date: Sheet 3 of 12 08/04/16 ANAEROBIC WASTE LAGOON DESIGN 2nd STAGE FARM INFORMATION Farm Population: Nursery: ----------------- 0 Wean to Finish: ---- ----------- — 0 Finishing: ------------------ 0 Farrow to weanling:---------------- 4988 Hd. Farrow to feeder: ------------------- 0 Farrow to finish: ---------------- 0 Boars: ----------------- 0 Storage Period: --- --------------- jO Days 25 Yr. / 24 Hr Storm Event — --- ------------ — 7.5 In. "Heavy Rain" Factor --- -- --•- -••• 7.5 In. Rainfall in Excess of Evaporation ---- ----------- — 7 In. Additional Water Usage: ----- ------------- 0 Additional Drainage Area: -- ---- ------------ 224,000 S.F. LAGOON INFORMATION Is Lagoon Designed as an Irregular Shape? (Y/N)—----- ---- N Does Operator Want Emergency Spillway? REQUIRED!!!!!!! Y Was This Design Built Prior to 9/96? (YIN) ---- ---- N Is Drain Tile Req'd to Lower SHWT? REQUIRED!!!!!!! N Seasonal High Water Table Elev:----- -------------- 48.50 Ft. Freeboard: — --- ------------- 1.0 Ft. Emergency Spillway Flow Depth: 0.3 Ft. Side Slopes: ------------------ 3 :1 (H:V) Inside Top Length: - - -- 550.0 Ft. Inside Top Width: 460.0 Ft. Top of Dike Elevation: ---------------• Depth 54.30 Ft. Finished Bottom Elevation: ---------------- 12.00 Ft. 42.30 Ft. Start Pump Elevation: ------------ ---• 30.48 In. 51.76 Ft. Stop Pump Elevation: ----- ----------- 111.6 In. 45.00 Ft. LAGOON VOLUME REQUIRED VOL. DESIGN VOLUMES % REQ'D. Storm Stor = 298125 (Cu.Ft.) 298,935 (Cu.Ft.) 100,27% Temporary = 1163782 (Cu.Ft.) 1,477,796 (Cu.Ft.) 128.08% Permanent = 0 (Cu.Ft.) 619,942 (Cu.Ft.) Total Volume = 1,451,907 (Cu.Ft.) 2,296,672 (Cu.Ft.) 158.18% 90 Temporary Storage Volume Elevation = 49.75 Ft. Min. Required Liner Thickness Lagoon Surface Area: (Inside TOD) 54.62 In. 1.6 Ft. 263,000 S.F. Murphy -Brown, LLC Engineering P.O. Box 856, Warsaw, NC 28398 (910) 293-3434 Grower: 3093A esigne y: Address: PO Box 856 Checked By: DSE Warsaw, NC 28398 Date: 08/04/16 County: Bladen Sheet 4 of 12 ACTUAL DESIGN VOLUME CALCULATIONS BASE VOLUME: C;u. Ft. LAGOON STAGE -AREA VOLUMES Contour Elevation (FT) Area _(SF) Incr. Vol. _(Cu. FT) Cumul. Vol. iCu. FT 42.30 185,464 0 43.00 189,119 131,104 131,104 44.00 194,401 191,760 322,864 45.00 199,756 197,078 519,942 46.00 205,182 202,469 722,411 47.00 210,680 207,931 930,343 48.00 216,251 213,466 1,143,808 49.00 221,893 219,072 1,362,880 50.00 227,608 224,750 1,587,631 51.00 233,394 230,501 1,818,132 52.00 239,252 236,323 2,054,455 53.00 245,183 242,218 2,296,672 54.00 251,185 248,184 2,544,856 54.30 253,000 75,628 2,620,484 These volumes were calculated usine the vertical averaae end area method. TOTAL REQD VOL 2,960,434 CF CUMULATIVE VOL. ZONE VOL. 158,18% END PUMP = = = = 45.00 FT 519,942 CF TR'MT 519,942 START PUMP = = : 51.76 FT 1,997,737 CF TEMP 1,477,795 128.08% MAX STORAGE = 53.00 FT 2,296,672 CF STORMI 298,935 100.27% Murphy -Brown, LLC Engineering P.O. Box 856,Warsaw, NC 28398 (910) 293-3434 Grower: 3093A Designed By: Address: PO Box 856 Checked By: Warsaw, NC 28398 Date: County: Bladen Sheet 5 of 12 MINIMUM REQUIRED VOLUME CALCULATIONS 1st STAGE Permanent Storage: Required Treatment Volume: Animal Type 0apacity ALW cu., .11b) lotalil Nursery 0 30 1.00 0 Wean to Finish 0 115 1.00 0 Finishing 0 135 1.00 0 Farrow to weanling 4,988 433 0.67 1,447,069 Farrow to feeder 0 522 1.00 0 Farrow to finish 0 1,417 1.00 0 Boars 0 400 1.00 0 i otal Kequlretl Treatment Volume (cu. ft.)= 1,447,069 Sludge Storage Volume: Animal Type Capacity cu.. = o a Nursery 0 30 0.00 0 Wean to Finish 0 115 0.00 0 Finishing 0 135 0.00 0 Farrow to weanling 4,988 433 0.17 367,167 Farrow to feeder 0 522 0.00 0 Farrow to finish 0 1,417 0.00 0 Boars 0 400 0.00 0 Total Required Sludge Storage Volume (cu. ft.)= 367,167 Storm Storage: Vol.=(Lagoon Surf. Area + Addt'I Drainage Area) * 25Yr./24Hr. Storm(in) / 12in./ft. Vol.= (224000 sq.ft + 0 sq.ft.) * 7.5 in. /12 in./ft. Total Required Volume for 25Y0241-1r. Storm Event (cu.ft)= "Heavy Rain" Storage: Vol.=(Lagoon Surf. Area + Addt'I Drainage Area) * "Heavy Rain" Factor (in) / 12in./ft. Vol.= (224000 sq.ft + 0 sq.ft.) * 7.5 in. /12 in./ft. Total Required Volume for "Heavy Rain" (cu.ft.) = (for Extended Periods of Chronic Rainfall) KBE DSE 08/04/16 140,000 Total Required Storm Storage (25Yr. / 24Hr. Storm +'Heavy Rain')= 140,000 (CU.FT) Total Required Permanent Storage (Treatment + Sludge) = 1,814,236 (CU.FT) TOTAL REQUIRED 1st STAGE VOLUME=1954236 (CU.FT.) LWJ 0 Grower: 3093A Designed By: KBW Address: PO Box 856 Checked By: DSE Warsaw, NC 28398 Date: 08/04/16 County: Bladen Sheet 6 of 12 Temporary Storage Volume_ Manure Production: nima ype Capacity to. Period Total Manure Production (cu.ft.)= 527,439 Excess Fresh Water Total Fresh Water Excess (gals.)= 2,603,736 Total Fresh Water Excess (cu.ft.)= 348,093 Murphy -Brown, LLC Engineering P.O. Box 856, Warsaw NC 28398 (9f0) 29 - 43• = ota Nursery 0 180 0.30 0 Wean to Finish 0 180 1.17 0 Finishing 0 180 1.37 0 Farrow to weanling 4,988 180 4.39 3,945,242 Farrow to feeder 0 180 5.30 0 Farrow to finish 0 180 14.38 0 Boars 0 180 4.06 0 Nursery 0 180 0.00 0 Wean to Finish 0 180 0.00 0 Finishing 0 180 0.00 0 Farrow to weanling 4,988 180 2.90 2,603,736 Farrow to feeder 0 180 0.00 0 Farrow to finish 0 180 0.00 0 Boars 0 18D 0.00 0 Grower: 3093A Address: PO Box 856 Warsaw, NC 28398 County: Bladen Tem orary Storm a Volume: tCont.] Designed By. KBW Checked By: DSE Date: 08/04/16 Sheet 7 of 12 Rainfall in Excess of Evaporation: Vol.=(Lagoon Surface Area 1st + Lagoon Area 2nd + Additional Drainage Area) * Rainfall / 12in./ft Vol.= (224000 sq.ft. + 253000 sq.ft. + 0 sq.ft.) * 7.0 in. /12 in./ft. Total Required Volume for Rainfall in Excess of Evap. (cu.ft.)= 278,250 Storm Storage: I Vol.=(Lagoon Surface Area 1st + Lagoon Area 2nd + Additional Drainage Area * 25Yr./24Hr Storm (in.)/12in./ Vol.= (224000 sq.ft + 253000 sq.ft. + 0 sq.ft.) * 7.5 in. Total Required Volume for 25Yr./24Hr. Storm Event (cu.ft)= 298,126 "Heavy Rain" Storage: Vol.=(Lagoon Surface Area 1st + Lagoon Area 2nd + Additional Drainage Area) * Heavy Rain Factor(in) / 12in. Vol.= (224000 sq.ft + 253000 sq.ft. + 0 sq.ft.) * 7.5 in. /12 in./ft. Total Required Volume for "Heavy Rain" (cu.ft.) = 0 (for Extended Periods of Chronic Rainfall) Additional Water Storage. - No Additional Water Storage is Required 0 0 Total Required Storm Storage (25Yr. / 24Hr. Storm +'Heavy Rain')= 298,126 (CU.FT) Total Required Temporary Storage (Manure Prod. + Excess Fr. Water + Rainfall Excess + Additional Water Storac 1,163,782 (CU.FT) Total Required Permanent Storage (Treatment + Sludge) = 0 (CU.FT) TOTAL REQUIRED 2nd STAGE VOLUME = 1451907 (CU.FT.) Grower: 3093A Designed By: KBW Address: PO Box 856 Checked By: DSE Warsaw, NC 28398 Date: 08/04/16 County: Bladen Sheet 8 of 12 LAGOON DESIGN SUMMARY 1st STAGE Top of Dike Elevation -------- ---------- 53.50 FT. Emergency Spillway Crest Elevation ------------------ Not AF Applicable Top of 25Yr. / 24Hr. Storm Storage ------------------ 52.50 FT. Top of "Heavy Rain" Storage ------- ----------- Not Applicable Start Pump Elevation ----- ------------- 51.85 FT. End Pump Elevation ------------------- 51.50 FT. Top of Sludge Storage - ------- --------- 45.61 FT. Seasonal High Watertable Elev.-------- -------- 0.00 Finished Bottom Elevation ------------------- 43.50 FT. Inside Top Length - ----- ----------- 640.00 FT. Inside Top Width ----------------- 350.00 FT. Side Slopes --- ------ --------- 3.0:1 H:V Lagoon Surface Area -- ---------- --- — 224.000 SF Min. Liner Thickness (if required) -------------- 1.5 FT. Freeboard Depth — ------ 1.00 FT. Temporary Storage Period -- --- ------------ 180 Days Zone Depths: TOTAL DESIGN VOLUME = 1734743 (CU.FT.) Treatment / Sludge Storage Zone Depth ----------- 8.0 FT. Temporary Storage Zone Depth ----------- 0.4 FT. Freeboard / Storm Storage Zone Depth ----------- 1.7 FT. Total Lagoon Depth ----------- 10.0 FT LLC 1_71 VWC1. QV VINA Designed By: KBW Address: PO Box 856 Checked By: DSE Warsaw, NC 28398 Date: 08/04/16 County: Bladen Sheet 9 of 12 LAGOON DESIGN SUMMARY 2nd STAGE Top of Dike Elevation ------------------- 54.30 FT, Emergency Spillway Crest Elevation ------------------ 53.00 FT. Top of 25Yr. / 24Hr. Storm Storage ---------- ------- 53.00 FT. Top of "Heavy Rain" Storage — ----------------- Not Applicable Start Pump Elevation ------------ ------- 51.76 FT. End Pump Elevation --------- ---------- 45.00 FT. Top of Sludge Storage ------------------- 44.22 FT. Seasonal High Watertable Elev.---- -------------- 48.50 FT. Finished Bottom Elevation -------- -------- 42.30 FT. Inside Top Length ---- ------------ -- 550.00 FT, Inside Top Width -- ---- ---------- --- 460.00 FT, Side Slopes ----------------- 3.0:1 H:V Lagoon Surface Area -- ----- ---------- 253,000 SF Min. Liner Thickness (if required) — ------ ---------- 1.6 FT. Freeboard Depth ------------------- 1.00 FT. Temporary Storage Period ---------- -------- 180 Days Zone Depths: TOTAL DESIGN VOLUME = 2296672 (CU.FT.) Treatment / Sludge Storage Zone Depth ----------- 2.7 FT. Temporary Storage Zone Depth ---- ------ 6.8 FT. Freeboard / Storm Storage Zone Depth ---------- 2.5 FT. Total Lagoon Depth ---------- 12.0 FT. (0 V- C:) CV LOW � CoQ p C Y O `� o N _r_ cot OR LO =V N > LO t0 U) 11 _w1 In I � N II > w II It II i LU _I U' W w w N wLU W W w Q Y Q Q W o 0 0 o 0 U) CL w o U- 2 w -1 Q m w W a Q H Q IL 0 IL a_ O w z F- a ~ o V S N ~ Z LL c co ' cri 0 N Z � ao LO °4 o u� m N N T- oci (L m L 1 LU 1 a i a) U) w IL a t o c� Q 0 v~i w ' i c a S X) N 0 (s> Q N j LLI 00 `- Y o O Y 00 d. M N 0) 4- lzt (D s cc �UOCo F- M � � N CO O � 01 I w CM p � I! O O N N M 'd M w J cri N N II (I w II II II V w J C7 LU Ili N w w w w w N Z LU O h w 2 U O o O to o Z a LL N a.g � J O O w w LL. (A m ti co w 0 D- 1~i d O w z 0 Q 0 p LO 0' ~ co N z 0 d OD 0) 1 - ,- M M — N — LOz x 3 o 0 M m N u p O d m M J wCL w 2 CL w a� IL o. U � � o a o' Z J 0 Q U (n w d ca r Grower: 3093A Address: PO Box 856 Warsaw, NC 28398 County: Bladen Checked By: DSE Date: 08/04/16 Sheet 12 of 12 This livestock waste treatment lagoon is designed in accordance with the North Carolina Natural Resources Conservation Service PRACTICE STANDARD 359- WASTE TREATMENT LAGOON, revised prior to June, 1996. Emergency Spillway: An Emergency Spillway is not required. *tttt►ttc � A AI? NOTE: See attached Waste Utilization Plan oF�ss�o•'•�� �•e�SCAL 2�ri� DESIGNED: 023994 DATE: �. S • EL .� COMMENTS: This design is update of start and stop pump elevations and to show the 1/2 treatment volume level for sludge storage. This design does not supercede the original certification of the farm. This design changes animal type and combines two separate single stage lagoons into one 2-stage lagoon. Murphy -Brown, LLC Engineering P.O. Box 856, Warsaw NC 28398 (910) 293-3434 Animal Waste Management Plan Certification (Please type or print all information that does not require a signature) General Information: Name of Farm: Farm 5729 & 3093 Facility No: 9-153 Owner(s) Name: Murphy Brown, LLC Phone No: 910-293-3434 Mailing Address: P.O. Box 856 Warsaw, NC 28398 - - Farm Location: County Farm is located in: Bladen Latitude and Longitude: Integrator: _Murphy Brown Please attach a copy of a county road map with location identified and described below (Be specific: road names, directions, milepost, etc,); Left on Bryant Swamp Rd for .5 miles. Turn left on Forest Dr. f r 1.4 miles. Turn left on NC 242 for .4 miles and turn right onto NC 131 for 4.0 miles. Farm entrance is on the left. Ot,eration Descriotion: Type of Swine No. of Animals Type of Poultry No. of Animals Type Of Cattle No. of Animals E] Wean to Feeder 0 Layer C] Dairy Feeder to Finish ry [� Pullets 0 Beef Farrow to Wean 8988 Farrow to Feeder 0 Farrow to Finish ED Wean to Finish Gifts Boars nt rcac�c r%varrcurc +ur rnppllcauun: ZU4.19 Required Acreage: 294.79 Number of Lagoons / Storage Ponds: 3 Total Capacity: Cubic Feet (ft3) Are subsurface drains present on the farm: Yes or No (please circle one) If YES: are subsurface drains present in the area of the LAGOON or SPRAY FIELD (please circle one) Owner / Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25 - year, 24 - hour storm and there must not be run-off from the application of animal waste. I (we) understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Natural Resources Conservation Service. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. I (we) know that any modification must be approved by a technical specialist and submitted to the Soil and Water Conservation District prior to implementation. A change in land ownership requires written notification to DEM or a new certification (if the approved plan is changed) within 60 days of a title transfer. Name of Land Owner: Signature: Name of Manager,(if c Signature: AWC -- August 1, 1997 from owner): Date: k 0 — I `t O1 Lo Date Technical Specialist Certification I. As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005. 1 certify that the animal waste management system for this farm named above has an animal waste management plan that meets or exceeds standards and specifications of the Division of Environmental Management (DEM) as specified in 15A NCAC 21-1.201 and the USDA -Natural Resources Conservation Service (NRCS) and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001.0005. The following elements are included in the plan as applicable. While each category designates a technical specialist who may sign each certification (SD, Si, WUP, RC, 1), the technical specialist should only certify parts for which they are technically competent, /L Certification of Design A) Colfect' . Stora a Treatment S stem Check thppropriate box LIff Existing facility without retrofit (SD or WUP) Storage volume is adequate for operation capacity: storage capability consistent with waste utilization requirements. New, expanded or retrofitted facility (SD) Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds, have been designed to meet or exceed the minimum standards and specifications. Name of Technical Specialist (Please Print): Toni W. Kin Affiliation Mur h -Brown, LLC Date Work Completed: Address (Age y): P.O. Box 856, Warsaw, NC 2839E Phone No.: (910) 293-3434 Signature: Date: l� B) Land A lication Site (WUP) The plan provides for minimum separations (buffers); adequate amount of land for waste utilization; chosen crop is suitable for waste management hydraulic and nutrient loading rates. Name of Technical Specialist (Please Print): Toni Kincl Affiliation Mur h -Brown, LLC Date Work Completed: Address (Agent P.O. Box 856, Warsaw, NC 2839E Phone No.: 910 293-3434 Signature: Date: Xp — uA C) Runoff Controls from Exterior Lots Check the a�ppr pnate box ITM7 Facility without exterior lots This facility does not contain any exterior lots. Facility with exterior lots (RC) Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in accordance with technical standards developed by NRCS. Name of Technical Specialist (Please Print): Toni J. Kin Affiliation Mur h -Brown, LLC _ _ Date Work Completed: Address (Agen y): P.O. Box 856, Warsaw, NC 2839E Phone No.: (910) 293-3434 Signature: Date: AWC -- August 1, 1997 2 D). A I - cation and Handlin E ui ment Check Ke appropriate box Existing or expanding fa cilit with existing waste application a ui ment (WUP or I) Animal waste application equipment specified in the plan has been either field calibrated or evaluated in accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the waste management plan: (existing application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates. A schedule for timing of applications has been established; required buffers can be maintained and calibration and adjustment guidance are contained as part of the plan). ❑ New. e, xpanded or existing facility without existing waste application equipment for s:xay irri��ation, (1) Animal waste application equipment specified in the plan has been designed to apply waste as necessary to accommodate the waste management plan: (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established: required buffers can be maintained: calibration and adjustment guidance are contained as part of the plan). 0 New, exoanded or existing •facility without existinq waste application a ui ment for land spreading not using sRray irrigation. (WUP or 1) Animal waste application equipment specified in the plan has been selected to apply waste as necessary to accommodate the waste management plan: (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates: a schedule for timing of applications has been established; required buffers can be maintained: calibration and adjustment guidance are contained as a part of the plan). Name of Technical Specialist (Please Print): Toni W. King Affiliation Murphy -Brown, LLC Date Work Completed: Address (Agenc P.O. Box 856 Warsaw, NC 2839E Phone No.: 910) 293-3434 Signature: Date: 4 E) Odor Contro Insect Control Mcrtali Man ement and Emer enc �Xction Plan SD. SI, WUP, RC or 1) The waste management plan for this facility includes a Waste Management Odor Control Checklist, an Insect Control Checklist, a Mortality Management Checklist and an Emergency Action Plan. Sources of both odors and insects have been evaluated with respect to this site and Best Management Practices to Minimize Odors and Best Management Practices to Control Insects have been selected and included in the waste management plan. Both the Mortality Management Plan and the Emergency Action Plan are complete and can be implemented by this facility Name of Technical Specialist (Please Print): Toni W. King Affiliation Murphy -Brown, LLC Date Work Completed: Address (Agen ): P.O. Box 856, W r aw, NC 2839E Phone No.: (910`.: 293-3434 Signature: Date: F) Written Notice of New or Expandinq Swine F _ The following signature block is only to be used for new or expanding swine farms that begin construction after June 21, 1996. If the facility was built before June 21, 1996, when was it constructed or last expanded (we) certify that I (we) have attempted to contact by certified mail all adjoining property owners and all property owners who own property located across a public road, street or highway from this new or expanding swine farm. The notice was in compliance with the requirements of NCGS 106-805. A copy of the notice and a list of properly owners notified is attached. Name of Land Owner: Signature: Date: Name of Manager (if different from owner): Signature: Date AWC --August 1, 1997 3 111. Certification of Installation A) Collection Stora a Treatment Installation New exiDanded or retrofitted facilit (Sl) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without retrorrts, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation _ Address (Agency): — Date Work Completed: Signature: �— — _ Phone�- --�� Date:--- B) 'Aa4APRlicaflon Site (WUP) Check the annrcpriate box Ln The cropping system is in place on all land as specified in the animal waste management plan. Conditional Approval: all required land as specified in the plan is cleared for planting: the has cropping system as specified in the waste utilization plan has not been established and the owner the Proposed sed cover mmitted to establish t opliis the appropriatetforr comas pliance with the wastefied in the plan yutilizatio (month/day/year); n plan. 0 Also check this box if appropriate If the cropping system as specified in the plan can not be established on newly cleared land within 30 days of this certification, the owner has committed to establish an interim crop for erosion control: Name of Technical Specialist (Please Print Affiliation Mur h -Brown, LLC Toni W. Kin Address (Agen ): P.O. Box 856. Warsaw, NC 2839E Phone NoDate k 910}p293 3434 Signature: Date: This following signature block is only to be used when the box for conditional approval in ill. B (we) certify that l (we) have committed to establish the cropping system as specified in my (our) waste utilization plan, and if appropriate to establish the interim crop for erosion control, and will submit to DEM a verification of completion from a Technical Specialist within '15 calendar days following the date specified in the conditional certification. I (we) realize that failure to submit this verification is a violation of management plan and will subject me (us) to an enforcement action from DEM. the waste Name of Land Owner: Signature: _ Name of Manager (if different from owner) Signature: Date-- AWC -- August 1, 1997 C) Runoff Controls from Exterior Lots (RC) Facility with exterior lots Methods to minimize the run off of pollutants from lounging and heavy use area have been installed as specified in the plan. For facilities without exterior lots, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation _ Date Work Completed: --- Address (Agency): _ Phone No.: Signature: Date: D) Application and Ha dlin Eguil ment Installation (WUP or 1) Check the appropriate5irck Animal waste application and handling equipment specified in the plan is on site and ready for use; calibration and adjustment materials have been provided to the owners and are contained as part of the plan. 0 Animal waste application and handling equipment specified in the plan has not been installed but the owner has produced leasing or third party application and has provided a signed contract: equipment specified in the contract agrees with the requirements of the plan: required buffers can be maintained: calibration and adjustment guidance have been provided to the owners and are continued as part of the plan. 0 Conditional approval: Animal waste application and handling equipment specified in the plan has been purchased and will be on site and installed by _ __ (month/day/year); there is adequate storage to hold the waste until the equipment is installed and until the waste can be land applied in accordance with the cropping system contained in the plan; and calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. Name of Technical Specialist (Please Print): Toni W. King _ Affiliation Murphy -Brown, LLC Date Work Completed: Address (Agen y): P.O. Box 856, Warsaw, NC 2839E Phone No.: (910)293-3434 Signature: Date: l _ tt��1,70` The following signature block is only used Aen the box for conditional approval in III D above I (we) certify that I (we) have committed to purchase the animal waste application and handling equipment as specified in my (our) waste management plan and will submit to DEM a verification of delivery and installation from a Technical Specialist within 15 days following the date specified in the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcement action from DEM. Name of Land Owner: Signature: Date: Name of Manager (if different from owner): Signature: Date E) Odor Control Insect Control and Mortality Management SD SI WUP. RC or I Methods to control odors and insects as specified in the Plan have been installed and are operational. The Name of Technical Specialist (Please Print): Toni W. Kina Affiliation Muni hy-Brown, LLC Date Work Completed: Address (Agen-y): P.O. Box 856, Warsaw, NC 2839E Phone No.. (910)293-3434 Signature: ) Date: AWC -- August 1, 1997 Please return the completed form to the Division of Water Quality at the following Address: Department of E irortme*h an� Natural Resources Water Q ivis gnc �eak"!r Qulallty Group P.�. ,gg Raleigh, NS 27626-0535 Please remember to submit a copy of this form along with the complete Animal Waste Management Plan to the local Soil and Water Conservation District Office and to keep a copy in your files with your Animal Waste Management Plan. AWC --August 1, 1997 Murphy -Brown, LLC Grower(s): Farm Name: 6/22/2021 2822 Hwy 24 West P.O. Box 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Murphy -Brown, LLC 5729 & 3093 (Old BOC # 29 & 93);AWS090153 county: Bladen Farm Capacity: Farrow to Wean 8988 Farrow to Feeder Farrow to Finish Wean to Feeder Feeder to Finish Storaae Structure: Anaerohic Storage Period: Application Method: Lagoon >180 days Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water 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 the 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: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. 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 DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. 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 not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 11 This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, etc.): Capacity Type Waste Produced per Animal Total 8988 Farrow to Wean 3203 galtyr 28,788,564 gal/yr Farrow to Feeder 3861 galtyr galtyr Farrow to Finish 10478 gal/yr galtyr Wean to Feeder 191 galtyr galtyr Feeder to Finish 927 galtyr galtyr Total 28,788,564 galtyr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (Ibs): Capacity Type Nitrogen Produced per Animal Total 8988 Farrow to Wean 3.8436 Ibslyr 34,546 Ibslyr Farrow to Feeder 6.9498 Ibslyr Ibslyr Farrow to Finish 18.8604 Ibs/yr Ibslyr Wean to Feeder 0,3438 lbslyr Ibslyr Feeder to Finish 1,6686 lbslyr Ibslyr Total 34,646 Ibs/yr 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. LAND UTILIZATION SUMMARY The following table describes the nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: Total N Required 1st Year: Total N Required 2nd Year: Owned Leased 339.5 56.01 61701.88 8172.98 82607.19 12933.99 Average Annual Nitrogen Requirement of Crops: 72,154.53 Total Nitrogen Produced by Farm: 34,546.28 Nitrogen Balance for Crops: (37,608.26) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. 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Qu's .. dNmmm¢¢¢dmddm m IfdVIl d d d ¢¢¢¢¢¢ QlNl 4 �uQ uS Nm Un ] Ul Um� �m n 6 uS L6 4%6 3 g m w m m m m m -, w r m E E E E E o. m O 03 U U U U ~L ~2 L U r2 rG '2 U V U U U V TG r2 r2 U r{ U U r2 cC rl rC rL '2 0 �U - m m m ro rog ........... m m m m ro t ro ro ro m m m m m m N !- ZZZZWu'�wWz000'[.7ozzzZZZZZZ'IMI-(.7ZZ22zZZZZ (7{7U'ZZZ(72 C G 9 m . v R 47 m to m 0)T) mmm mmQQ��r m.0 m Wa O + mWmMM M mMm 10rlNs n0 Uw U ID r Y] in r r M cD Q m r Q m �2 m m m m M W M N r O Q Y') O 1- ID ID W m W W O NNNN In W m m N fP W 1-: G IQ m 9 r N M O f� W W Or r � N a m CDit r m H ID W N S O N [m� 57 a N In l`dl Q m LL x mm] >> U) U) a 7 Ul {!J a>> to co r U r N N N m N [V N N N N Q ON U]N co yCn C C a >>>> aaaa a a 2 Q Q e e 2 a$ m m Q u rnIn �s �i�i gi a a a m a�E u0 o 0 m m 0 0 m m 0 0 O 0 S Q o o 0 0 0 0 a 0 0 o 0 a 0 0 0 0 o 0 0 W W 0 0 W 0 �i m N o m 0 0 0 0 0 0 0 0 0 3 ® p Q c E E c E c m m m r m m m J O O A O O O S R Z Z Z Z Z Z I ti 1= This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. The applicator is cautioned that P and K may be over applied while meeting the N requirements In the future, regulations may require farmers in some parts of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses nitrogen. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop Lbs N utilized / unit yield A Barley 1.6 Ibs N 1 bushel B Hybrid Bermudagrass - Grazed 50 Ibs N 1 ton C Hybrid Bermudagrass - Hay 50 Ibs N 1 ton D Corn - Grain 1.25 Ibs N / bushel E Corn - Silage 12 lbs N 1 ton F Cotton 0.12 Ibs N / Ibs lint G Fescue- Grazed 50 Ibs N 1 ton H Fescue- Hay 50 Ibs N 1 ton I Oats 1.3 Ibs N 1 bushel J Rye 2.4 Ibs N 1 bushel K Small Grain - Grazed 50 Ibs N 1 acre L Small Grain - Hay 50 Ibs N 1 acre M Grain Sorghum 2.5 Ibs N 1 cwt N Wheat 2.4 Ibs N 1 bushel O Soybean 4.0 Ibs N 1 bushel P Pine Trees 40 Ibs N 1 acre 1 yr Acres shown in the preceding table 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. See attached map showing the fields to be used for the utilization of animal waste. 4of11 SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PAN/yr/animal Farm Total/yr 8988 Farrow to Wean 0.84 7549.92 Farrow to Feeder 1 Farrow to Finish 4.1 Wean to Feeder 0.072 Feeder to Finish 0.36 The waste utilization plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 7549.92 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. If you remove the sludge every 5 years, you will have approximately 37749.6 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the rate of 300 pounds of nitrogen per acre, you will need 125 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 301.9968 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. 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. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. *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 of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for >180 days of temporary storage and the temporary storage must be removed on the average of once every 6 months. In no instance should the volume of the waste stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. 5 of 11 Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount Tract Hydrant Type Crop inlhr * inches 10894 1 Na C 0.4 _ 1 10894 2 Na C 0.4 1 10894 3 Na C 0.4 1 10894 4 Na C 0.4 1 10894 7 ExA O 0.35 1 10894 8 ExA O 0.35 1 10894 9A ExA O 0.35 1 10894 9B ExA O 0.35 1 10894 10 Na C 0.4 1 10054 11 Gh O 0.4 1 10054 12 Gh O 0.4 1 10054 13 Gh O 0.4 1 10054 14 Gh O 0.4 1 10054 15A Gh O 0.4 1 10054 15B Na O 0.4 1 10054 16 Na O 0.4 1 10054 17 Na O 0.4 1 10054 18 Na C 0.4 1 10054 19 Na C 0.4 1 10054 20 Na C 0.4 1 10054 21 Na C 0.4 1 10894 Sub1-2 Na C 0.4 1 10894 Sub3-4 Na C 0.4 1 10894 Sub7-8 ExA O 0.35 1 10894 Sub9A ExA O 0.35 1 10894 Sub9B ExA O 0.35 1 10894 Sub9C ExA O 0.35 1 10894 Sub10 Na C 0.4 1 10054 Sub11-15A Gh O 0.4 1 10054 Sub1513-17 Na O 0.4 1 10054 Sub18-19 Na C 0.4 1 10054 Sub20-21 Na C 0.4 1 New Ground 26 Na O 0.4 1 New Ground 27 Na O 0.4 1 New Ground 28 Na O 0.4 1 New Ground 29 Na O 0.4 1 New Ground 30 Na O 0.4 1 New Ground Sub26-30 Na O 0.4 1 Leased Darden Prop. 22A Gh O 0.4 1 Darden Prop. 22B Gh O 0.4 1 Darden Prop, 23 Gh O 0.4 1 Darden Prop. 24 Na O 0.4 1 Darden Prop. 25A Na O 0.4 1 Darden Prop, 25B Na O 0.4 1 6 of 11 Additional Comments: This plan revised 4/1/2021 to show a crop change for fields 10 and Sub 10 from row crops to bermuda hay and overseed. All overseed is optional. This plan revision includes the fields listed in the amendment dated 6/14/2019. OPTIONAL CROPS: (For row crop fields only) A winter cover crop may be planted if desired. The application rate shall be 30 IbsN/ac applied from Sept -April and the total amount applied must be deducted from the following crops starting PAN rate. A small grain crop harvested as hay may be planted if desired. The application rate shall be 100 IbsN/ac applied from Sept -April. Grain sorghum may be substitued for soybeans if desired. The PAN rates and application windows are shown on page 3c. This plan revision dated 6/22/2021 reflects the installation of the replacement linear move machine for hydrants 5-8 (now listed as 7 & 8), shows an acreage update to Sub 9B to reflect acreage in septic drain field, and to note that field 10 and Sub 10 are temporarily not usable due to the sludge bagging/dewatering activities in those fields. When sludge bagging/dewatering activities are completed, these fields may be utilized as listed in this plan. 7of11 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: 5729 & 3093 (Old BOC # 29 & 93);AWS090153 Owner: Murphy -Brown, LLC Manager: Owner/Manager Agreement: I/we understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management 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 nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. I/we understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This plan will be filed on site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. Name of Facility Owner: Murphy -Brown, LLC Signature: Date Name of Manager (if different from owner): Signature: Date Name of Technical Specialist: M. Kevin Weston Affiliation: Murphy -Brown, LLC Address: 2822 Hwy 24 West, PO Box 866 _ Warsaw, NC 28398 Telephone: (910) 293-3434 Signature: V/zz Zoe/ Date 8of11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS 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. Z There must be documentation in the design folder that the producer either owns or has an agreement for use of adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the waste production facility to secure an update of the Nutrient Utilization Plan when there is a change in the operation, increase in the number of animals, method of application, recieving crop type, or available land. Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 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 land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is 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" 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 odor and flies. Animal waste shall not be applied to saturated soils, during rainfall events, or when the 9of11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 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. The potential for salt damage from animal waste should also be considered. 10 Nutrients from waste 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 the crop or forages breaking dormancy. 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 canal. Animal waste, other than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25 feet to perennial waters. 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 landowner. 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 cropland provided the fields have been approved as a land application site by a "technical specialist'. Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that 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. 10 of 11 NUTRIENT UTILIZATION PLAN REQUIRED SPECIFICATIONS (continued) 17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). Areas 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. 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 pre -plant with no further 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 for 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 nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production. Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 11 of 11 U U Q�� Q oa p� v _0 N 5 �t101Y v N Q' co CoO u II N LOO �Z m ilnj a +p11 y �� • 11 � cu cn h -0II oa w U pa V IF u7 Q W v •� N V II U Tk by I IIn ¢L E rn a V) W II M Q LA ci O +� r < O y� 00 u n � N � � co v a a v U t m RJ U sf! Q O I I U O3 00 I a U) L i O N m n C E IU �i Q Q U N h Q OD V O U �f1 (O 1t LDUD Q wo a)Q II 't� �N U N �CO �-r N� o II o IIc¢O �CY) II iyTh Q'�N II cLo w I- V) T�II c _ wv�v U o J :2 p .� T � W 0 < 0 O :50) a H � e+rnne�iw��°�°'q°Nv$'�w wna°Qr o O�G OfYV 1~��IPY��703d ]N'lYhnr Nl7 Yl�tlhO1�WO1C� 4N{!{{IVVVVV 9 nW CF) i r v�- U-LL. � U Q x > > C3 v Q O O j _ =�N 0- a . U(N--04 Ut CO > p > o d Y , 11 v o- ON vim+ a II U f v N O N4 �U U 0 O 0u? w (7) Om. -0 v_+ I N LLJ > :3 3 4 a 30 0' F- Qbiz W z. z ZZ N C p U) O N ! 1 �w 0Q � A < �� �� it m { N f / w N a .. f U Y Lo y / w � o� 0 1 N. 00 N � C If� �e LLQ:3 f 1 1 8 a Cy QL) (d cD [p (D N Fo u )(6(a(6cD(DCN r p �(0r-a:)0)0O C f ' N N N N N7 F- O Cn 1 j ��� �• 11 aQ ��,� System Calibration Information presented in manufacturer's charts are based on average operation conditions with relatively new equipment. Discharge rates and application rates change over time as equipment gets older and components wear. In particular, pump wear tends to reduce operating pressure and flow. With continued use, nozzle wear results in an increase in the nozzle opening which will increase the discharge rate while decreasing the wetted diameter. You should be aware that operating the system differently than assumed in the design will alter the application rate, diameter of coverage, and subsequently the application uniformity. For example, operating the system with excessive pressure results in smaller droplets, greater potential for drift, and accelerates wear of the sprinkler nozzle. Clogging of nozzles can result in pressure increase. Plugged intakes or crystallization of mainlines will reduce operating pressure. Operating below design pressure greatly reduces the coverage diameter and application uniformity. For the above reason, you should calibrate your equipment on a regular basis to ensure proper application rates and uniformity. Calibration at least once every three years is recommended. Calibration involves collecting and measuring flow at several locations in the application area. Any number of containers can be used to collect flow and determine the application rate. Rain gauges work best because they already have a graduated scale from which to read the application amount without having to perform additional calculations. However, pans, plastic buckets, jars, or anything with a uniform opening and cross-section can be used provided the liquid collected can be easily transferred to a scaled container for measuring. For stationary sprinklers, collection containers should be located randomly throughout the application area at several distances from sprinklers. For traveling guns, sprinklers should be located along a transect perpendicular to the direction of pull. Set out collection containers 25 feet apart along the transect on both sides of the gun cart. You should compute the average application rate for all nonuniformity of the application. On a windless day, variation between containers of more than 30 percent is cause for concern. You should contact your irrigation dealer or technical specialist for assistance. *Reprinted for Certification Training for Operations of Animal Waste Management Systems Manual OPERATION & MAINTENANCE PLAN Proper lagoon 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 rainy spells such as a thunderstorm season in the summertime. This means that at the first sign of plant growth in the later winter / early spring, irrigation according to a farm waste management plan should be done whenever the land in 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 irrigated 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 fertilized 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 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: 1. undesirable vegetative growth 2. floating or lodged 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 slope 4. erosion due to lack or 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 of 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 cant' 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: 1. 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 overflow 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). 5. 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 occur 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 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 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. • 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. 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 level. (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 1 foot to the lowest point of the dam or embankment. • Don not pump the lagoon liquid level lower than 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: 61 • 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 phosphors, 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. EMERGENCY ACTION PLAN PHONE NUMBERS DIVISION OF WATER QUALITY (DWQ) EMERGENCY MANAGEMENT SERVICES (EMS) SOIL AND WATER CONSERVATION DISTRICT (SWCD) NATURAL RESOURCES CONSERVATION SERVICE (NRCS) COOPERATIVE EXTENSION SERVICE (CES) (910 )433-3300 (9101862-6760 (910)862-3179 (910)862-3179 (910)862-4591 This plan will be implemented in the event that wastes from your operation are leaking, overflowing or running off 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. 1. Stop the release of wastes. Depending on the situation, this may or may not be possible. Suggested responses to some possible problems are listed below. A. Lagoon overflow - possible solutions are: a) Add soil to berm to increase elevation of dam. b) Pump wastes to fields at an acceptable rate. c) Stop all flow to the lagoon immediately. d) Call a pumping contractor. e) Make sure no surface water is entering lagoon. B_ Runoff from waste application field -actions include: a) Immediately stop waste application. b) Create a temporary diversion to contain waste. c) Incorporate waste to reduce runoff. d) Evaluate and eliminate the reason(s) that cause 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 pump. b) Stop irrigation pump. c) Close valves to eliminate further discharge. d) Repair all leaks prior to restarting pumps. D. Leakage from flush systems, houses, solid separators - action include: a) Stop recycle pump_ b) Stop irrigation pump. c) Make sure siphon occurs. d) Stop all flow in the house, flush systems, or solid separators. E. Leakage from base or sidewall of lagoon. Often this is seepage as opposed to flowing leaks - possible action: a) Dig a small sump or ditch from the embankment to catch all seepage, put in a submersible pump, and pump back to lagoon. b) If holes are caused by burrowing animals, trap or remove animals and fill holes and compact with a clay type soil. c) Have a professional evaluate the condition of the side walls and the lagoon bottom as soon as possible. 12`]2i2007 Assess the extent of the spill and note any obvious damages a. Did the waste reach surface waters? b. Approximately how much was released and for what duration? c. Any damage notes, 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 the property)? h. How much reached surface waters? 3. Contact appropriate agencies. a. During normal business hours call your DWQ regional office; Phone #, after hours, emergency number: (919) 733-3942. Your phone call should include: your name, facility number, and telephone number, the details of the incident from item 2 above, the exact location of the facility, the location or direction of the movement of the spill, weather and wind conditions. The corrective measures that have been undertaken and the seriousness of the situation. b. If the spill leaves property or enters surface waters, call local EMS phone number. c. Instruct EMS to contact local Health Department. d. Contact CE's phone number, local SWCD office phone number and the local NRCS office for advice / technical assistance phone number. 4. If none of the above works call 911 or the Sheriff's Department and explain your problem to them and ask the person to contact the proper agencies for you. Contact the contractor of your choice to begin repair or problem to minimize offsite damage. a. Contractors Name: Murphy Brown, LLC b. Contractors Address: P.O. Box 856, Warsaw, NC 28398 c . Contractors Phone: (910)293-3434 6. Contact the technical specialist who certified the lagoon (NRCS, Consulting Engineer, etc.) a. Name: KraigWesterbeek b. 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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 ❑ 7 Burial three feet beneath the surface of the ground within 24 hours of knowledge of animal death. The burial must beat 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. Q❑ Rendering at a rendering plant licensed under G.S. 106-168.7, ❑ ❑ Complete incineration according to 02 NCAC 52C .0102. ❑ j—""� 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 NG 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). ❑ 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. uv Signature of Farm Owner/Manager Date ,4 - �'-f Signature of Technical Specialist Date I � (37 I 0 00 C'7 � i71 to 0 f . 0 CD j III !1 r !�l ca 4 r U) Q z 0 c-- �v- cv C v r) i 1 - x co II vl � I I I l C LD 1 ! .0) 9 oi' 1 I - a �n Grower: 6726 Designed By: KBW Address: PO Box 856 Checked By: DSE Warsaw, NC 28398 Date: 12/17/08 County: Bladen Sheet 1 of 7 ANAEROBIC WASTE LAGOON DESIGN FARM INFORMATION Farm Population: Nursery: ------------------- 0 Wean to Finish: --- -------------- - 0 Finishing: ------------------- 0 Farrow to weanling:--- ------ -------- -- 4000 Hd. Farrow to feeder: ------------------ 0 Farrow to finish: ------------------ 0 Boars: --- ------------ --- 0 Storage Period: ------------------ 180 Days 25 Yr. / 24 Hr Storm Event ---- —----------- -- 7.6 in. "Heavy Rain" Factor Not Applicable Rainfall in Excess of Evaporation __________________ 7.0 In. Additional Water Usage: ______._________ 0 Additional Drainage Area: ----- ------ ------ 0 LAGOON INFORMATION Is Lagoon Designed as an Irregular Shape? (YIN) ---------- N Does Operator Want Emergency Spillway? (Y/N)----------- N Was This Design Built Prior to Sept.1996? (YIN) ------------ Y Is Drain Tile Req'd to Lower SHWT? (YIN) ------------ N Seasonal High Water Table Elev:--------- -------- 0.00 Freeboard: ------------------ 1.0 Ft. Emergency Spillway Flow Depth: Not Applicable Side Slopes: ---------- ------ 3 :1 (H:V) Inside Top Length: ----------- 700.0 Ft. Inside Top Width: ---»-------•---•-- 460.0 Ft. Top of Dike Elevation: ------------- Depth 54.60 Ft. Finished Bottom Elevation: ------- --------- 10.00 Ft. 44.60 Ft. Start Pump Elevation: -------- -------- 19.8 In. 62.86 Ft. Stop Pump Elevation: -------------• 44.4 In. 50.80 Ft. LAGOON VOLUME REQUIRED VOL. DESIGN VOLUMES % REQ'D. Storm Stor = 201250 (Cu.Ft.) 203,777 (Cu.Ft.) 101.260/6 Temporary = 610799 (Cu.Ft.) 622,400 (Cu.Ft.) 101.90% Permanent = 1732000 (Cu.Ft.) 1,740,203 (Cu.Ft.) 100.47% Total Volume = 2,544,049 (Cu.Ft.) 2,566,381 (Cu.Ft.) 100.88% 112 Treatment Volume = 866,000 (Cu.Ft.) 1/2 Treatment Volume Elevation = 47.78 Ft. 90 Temporary Storage Volume Elevation = 61.55 Ft. Min. Required Liner Thickness ------------------- Lagoon Surface Area: (inside TOD)------------------- 80.64 In. 35.37 in.. 1.5 Ft. 322,000 S.F. Murphy -Brown, LLC Engineering P.O. Box 856 ,Warsaw, NC 28398 (910) 293-3434 Grower: 6729 Designed By: Address: PO Box 856 Checked By: DSE Warsaw, NC 28398 Date: 12/17/08 County: Bladen Sheet 2 of 7 ACTUAL DESIGN VOLUME CALCULATIONS BASE VOLUME: r Cu. Ft. LAGOON STAGE -AREA VOLUMES Contour Elevation (FT.) Area SF Incr. Vol. (Cu. FT) Cumul. Vol. (Cu. FT) 44.50 256,000 0 45.00 259,129 128,782 128,782 46.00 265,441 262,286 391,067 47.00 271,825 268,633 659,700 48.00 278,281 275,053 934,753 49.00 284,809 281,545 1,216,298 50.00 291,409 288,109 1,504,407 51.00 298,081 294,745 1,799,152 52.00 304,825 301,453 2,100,605 53.00 311,641 308,233 2,408,838 54.00 318,529 315,085 2,723,923 54.50 322,000 160,132 2,884,056 These volumes were calculated using the vertical average end area method. TOTAL REQD VOL 2,544,049 CF CUMULATIVE VOL. ZONE VOL. 100.88% END PUMP = _ = = 50.80 FT 1,740,203 CF TR'MT 1,740,203 100.47% START PUMP = =: 52.85 FT 2,362,603 CF TEMP 622,400 101.90% MAX STORAGE = 53.50 FT 2,566,381 CF STORM 203,777 101.26% Murphy -Brown, LLC Engineering P.O. Box 856 ,Warsaw, NC 28398 1910) 293.3434 Grower: 5729 Address: PO Box 856 Warsaw, NG 28398 County: Bladen MINIMUM REQUIRED VOLUME CALCULATIONS Permanent Storage: Required Treatment Volume: Designed By: KBW Checked By: DSE Date: 12/17108 Sheet 3 of 7 Animal Type Capacity ALW (W.H.11b)- otal Nursery 0 0 30 115 1,00 1.00 0 0 Wean to Finish Finishing 0 135 1.00 0 Farrow to weanling 4,000 433 1.00 1.732,000 Farrow to feeder 0 522 1.00 0 Farrow to finish 0 1,417 1.00 0 Boars 0 400 1.00 0 Total Required Treatment Volume (cu. ft.)= 1,732,000 Sludge Storage Volume: nimal Type Capacity ALW cu. t. = Total Nursery 0 30 0.00 0 Wean to Finish 0 115 0.00 0 Finishing 0 135 0,00 0 Farrow to weanling 4,000 433 0.00 0 Farrow to feeder 0 522 0.00 0 Farrow to finish 0 1,417 0.00 0 Boars 0 400 0.000 0 Total Required Sludge Storage Volume (cu. ft.)= Temporary Storage Volume: Manure Production: 0 Animal a Capacity' Sto.Period . day) = Total Nursery 0 180 0.30 0 Wean to Finish 0 180 1.17 0 Finishing 0 4,000 180 180 1.37 4.39 0 3,163,787 Farrow to weanling Farrow to feeder 0 180 5.30 0 Farrow to finish 0 01 180 180 14.38 4.06 0 0 Boars Total Manure Production (gals.)= Total Manure Production (cu.ft.)= Excess Fresh Water: 3,163,787 422,966 Animal Type CapacitySto. Period d./ ay) = Total Nursery 0 180 0.00 0 Wean to Finish 0 180 0.00 0 Finishing 0 180 0.00 0 Farrow to weanling_4,000 180 0.00 0 Farrow to feeder 0 180 0.00 0 Farrow to finish 0 180 0.00 _ 0 Boars J 0 _ 180 _ 0.00 0 Total Fresh Water Excess (gals.)= 0 Total Fresh Water Excess (cuJQ= 0 (910) Grower: 5729� Designed By: KBW Address: PO Box 856 Checked By DSE Warsaw, NC 28398 Date: 12/17/08 County: Bladen Sheet 4 of 7 Tern orary Storane Volume: (Cont. Rainfall in Excess of Evaporation: Vol.=(Lagoon Surface Area + Additional Drainage Area)' Rainfall / 121n./ft Vol.= (322000 sq.ft. + 0 sq.ft.) ` 7 in. /12 in.lft, Total Required Volume for Rainfall In Excess of Evap. (cu.f(.)= 187,833 Storm Storage: Vol.=(Lagoon Surf. Area + Addt'I Drainage Area) " 25Y0241-1r. Storm(in) 112in./ft. Vol.= (322000 sq.ft + o sq.ft.) " 7.5 in. /12 in./ft. Total Required Volume for 25Yr.124Hr. Storm Event (cu.ft)= 201,250 "Heavy Rain" Storage: Vol.=(lagoon Surf. Area + Addt'I Drainage Area) * "Heavy Rain" Factor (in) 112in./ft. Vol.= (322000 sq.ft + 0 sq.ft.) ` 0.0 in. /12 in./ft. Total Required Volume for "Heavy Rain" (cu.ft.) = 0 (for Extended Periods of Chronic Rainfall) Additional Water Storage: No Additional Water Storage is Required 0 0 Total Required Storm Storage (25Yr. / 24Hr. Storm +'Heavy Rain')= 201,250 (CU.FT) Total Required Temporary Storage (Manure Prod. + Excess Fr. Water + Rainfall Excess + Additional Water Storage) = 610,799 (CU.FT) Total Required Permanent Storage (Treatment + Sludge) 1,732,000 (CUYT) TOTAL REQUIRED VOLUME = 2544049 (CU.FT.) P.O. Sox 856, Warsaw NC 28398 (91 Grower: 5729 Designed By: KBW Address. PO Box 856 Checked By: DSI— Warsaw, NC 28398 Date: 12/17/08 County: Bladen Sheet 5 of 7 LAGOON DESIGN SUMMARY Top of Dike Elevation ------------------- 54.60 FT. Emergency Spillway Crest Elevation --------- -......... Not Al Applicable Top of 25Yr. / 24Hr, Storm Storage ------------------- 63.60 FT. Top of "Heavy Rain" Storage ------------------ Not Applicable Start Pump Elevation ------------------- 52.85 FT. End Pump Elevation ....... ---------- -- 60.80 FT. Top of Sludge Storage ---------------- --- Not Applicable Seasonal High Watertable Elev.------------------- 0.00 Finished Bottom Elevation ------- ----------- 44.50 FT, Inside Top Length ------------------- 700.00 FT. Inside Top Width ------------------- 460.00 FT. Side Slopes ------------------- 3:1 H:V Lagoon Surface Area ------------------- 322,000 SF Min. Liner Thickness (if required) ------------------- 1.5 FT. Freeboard Depth ------------------- 1.00 FT, Temporary Storage Period ----- ... -.......... 180 Days Zone Depths: TOTAL DESIGN VOLUME = 2566381 (CU.FT-) Treatment / Sludge Storage Zone Depth ---------•- 6.3 FT. Temporary Storage zone Depth ------- --- 2.1 FT. Freeboard / Storm Storage Zone Depth ----------- 1.7 FT. Total Lagoon Depth r----------- 10.0 FT. wn, LL-C co a 1 r CO N h — `l! xa- w Cp o O 0)� � OUDO 11 _ I� r V1 I LO r I N LO O U� Lo II q LO a Un tO II w a u `f W� 11 t! W w w w x O wl ,o O H O 4 �� 1 � Iu 0 LL H O m In Z 0 0 0 0 0 N u. - c m - - r - - M co N — j o0 Z LOLo l O m y N O 0 0- co LJII J r n W g CL a c 0 4 U W V. m Lo 00 x OQ C; Grower: 5729 Designed By: KBW Address: PO Box 856 Checked By: DSE Warsaw, NC 28398 Date: 12/17/08 County: Bladen _ Sheet 7 of 7 This livestock waste treatment lagoon Is designed in accordance with the United States Natural Resources Conservation Service PRACTICE STANDARD 359- WASTE TREATMENT LAGOON, revised prior to June, 1996, Emergency Spillway: An Emergency Spillway is not required. ��1114 U If1ff� Z; QQa�Esso2 �2 NOTE: See attached Waste Utilization Plan D�3 yL �r:�'' DESIGNED: DATE: r 2�/ O� 1"t'S. COMMENTS: This design is update of start and stop purn2 elevations and to show the 1/2 treatment volume level for sludge storage. This design does not supercede the original certificalion of the farm. murNrry-orUwn, r.iU r-ngmeernng V V. bOX U00, WarsaW NC; ZU39d (910) 293-3434 57291, 37931 Steve Smith LAND APPLICATION AGREEMENT THIS LAND APPLICATION AGREEMENT (the "A ergr ement' is made as of this 11 day of January 2022 (the "Effective Date's by and between Steve Smith ("Landowner") and MURPHY-BRO4'VN, LLC, a Delaware limited liability company (the "Applicator"). RECITALS: A. Applicator owns certain real property (as more particularly described on Exhibit A attached.hereto, the "Applicator's Land") where it conducts farming activities that contribute to the raising and production of livestock, including, but not limited to, the feeding, care, and management of livestock, mortality management, the planting, raising, and harvesting of crops, and has a need to remove nutrient - rich effluent from the waste utilization system in place upon all or a portion of Applicator's Land (the "Effluent") by applying the same over nearby farm land: (which could be- crop land, hay fields, and/or grazed pastures.) B. Landowner owns, or has transferable rights to, the farm land described in Exhibit B attached hereto (the "Farm Land"), and wishes to have the Effluent applied over said Farm Land pursuant to the terms and conditions hereof. .For and in consideration of other good and valuable consideration, the receipt and sufficiency of which are acknowledged, and of the premises, mutual covenants and conditions in this Agreement, Landowner and Applicator (the "Parties") agree as follows: 1. GRANT. Subject to the terms and provisions of this Agreement, and during the term hereof, Landowner grants to Applicator, and any of its authorized employ es, contractors, or agents, permission to enter upon the Farm Land to apply, free of charge to Landowner, the Effluent upon the Farm Land. Such application of the Effluent shall be completed in the manner and process as consistent with the terms of this Agreement and the Governing Law. 2. TERM; AUTOMATIC EXTENSION; EARLY TERMINATION. The term of this Agreement ("Term") shalI commence on the Effective Date and shall expire on. December 31, 2027 (the "Initial Term'). Provided that there is no uncured default of this Agreement upon expiration of the Initial Term, Applicator may, upon written notice to Landowner, elect to extend the Initial Term for an additional one (1) year period (the "Extended Term") on the same terms and conditions as the Initial Term. In such event, the Extended Tenn shall become part of the Term. Notwithstanding the foregoing, Applicator has the unilateral right to terminate this Agreement at any time by delivering to Landowner a notice of termination at least ninety (90) days prior to the desired date of termination (an "Earl Termination Notice'). 3. PAYMENT OF FEE. There will be no payment, but the Landowner will gain the fertilizer value of the Effluent Applied. 4. APPLICATION OF EFFLUENT. Applicator shall coordinate with Landowner with respect to the timing of the application of the Effluent upon the Farm Land. The Parties agree to work in together in good faith to schedule Effluent application on dates and at times that do not unreasonably interfere with the operation or use of the Farm Land, nor which disrupt or negatively impact Applicator's operations and need for disposal of the Effluent from Applicator's Land, including Applicator's need to apply Effluent, including compliance with any Governing Law. 5. RECOGNITION OF EFFLUENT COMPONENTS. Landowner understands and agrees that (a) the Effluent contains nitrogen, phosphorous, and other trace elements and should not harm. Landowner's land or crops; (b) the Effluent's application on the Farm Land may reduce Landowner's needs for commercial fertilizer; and (c) nitrogen and other nutrient limitations exist based on anindividual farm waste utilization plan under Governing Law ("Plan"). After the completion of Effluent application, Applicator shall provide Landowner report showing a nitrogen total of animal waste derived nutrients vs. remaining nutrients as allowed in the Plan. b. INDEMNIFICATION. Each party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of a breach of any representation made in this Agreement, or the negligence or willful misconduct of the indemnifying party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other party, or its employees, contractors or agents. 7. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws and rules of the State in which the Farm Land is located "Governin4 Law'). 8. ASSIGNMENT AND SUBLEASE. This Agreement may not be sold, assigned or transferred without the written consent of Landowner, which such consent will notbe unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of Applicator or transfer upon partnership or corporate dissolution of Applicator shall constitute an assignment hereunder. 9. TAXES. Landowner shall be responsible for all county and state property taxes due on the Farm Land. 10. MEMORANDUM OF LEASE. Either party, upon written request of the other, shall join in the execution of a Memorandum of Lease in proper form for recordingor filing in the office of the register of deeds of the county in which the Farm Land is located, which Memorandum shall set forth the existence of terms of this Lease, and such other terms as the parties may mutually agree upon 11. NOTICES. All notices hereunder ("Notices") must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by overnight commercial courier, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like Notice): LANDOWNER: Steve Smith 19847 Hwy 131 Bladenboro NC 28 20 910-770-0539 K APPLICATOR: c/o Murphy -Brown LLC 2822 Hwy. NC-24 West Warsaw, North Carolina 28398 Attn: Real Estate Department with copy to: Smithfield Foods, Inc. 200 Commerce Street Smithfield, Virginia 23430 Attn: Legal Department Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 12. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the parties hereto. 13. COUNTERPARTS. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. 14. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding of the Parties hereto and supersedes all prior agreements and understandings relating to the subject matters in this Agreement. This Agreement may be modified only by an agreement in writing executed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date last written below. LANDOWNER: . 4u—= xj��_ Name: Steve Smith Date: I APPLICATOR: MURPHY-BROWN, LLC, a Delaware limited liability company By. :f'�li��' Name: Mike Cudd Title: Environmental Systems Manager Date: �—//- 3 r L 5 � �7 i1'R U O O _ _- Ca jlz 7 4- LU 0 0 LM NUTRIENT UTILIZATION PLAN AMENDMENT Grower(s): Farm Name: Farm Farrow to Wean Farrow to Feeder Farrow to Finish Wean to Feeder Feeder to Finish Wean to Finish Gilts Boars Storage Structure: Storage Period: Application Method: Murphy Brown, LLC dba Smithfield Hog Production 5729 & 3093, AWS090153 Balden 8988 Anaerobic Lagoon >180 days Irrigation This amendment allows the producer to apply to the new field containing hydrants 26-30 The field and crop information is listed in the attached table and map. This amendment shall be attached to the current Nutrient Utilization Plan for this farm dated 5/7/2019. Owner/Manager Technical Specialist Date Date. 6 - /V -/ �� ■ 1 s U Q �L- U X > > Q tD Q � v d o_ M N 0 v :20 O > rn U a Q O O U-) VNN � - j 0 II L v,co D a > a dNfl^, 4 IIYU0 4-1( v c"INOC +0' O OUDo of O 0( o O00 C U U X_ X T^ �N vn_ a�LL- �o> w a�>.� 4- a n � w � c) 4- x 0) x 0) Q 0) Q 0) � O 0) N rc �Qwzwz�.z..zz F-J c Lo v N O N N O M 8 Io 0) N r U � U1 � S a 0 N o NN TW V N I- 0 0) W -Y E U D O O a� N Lo Eo r- O onnnnm - l0W (DCON U U CO c0 cD lD cD N OD � v lDr-co00 0 2NNNNr7�- 57291, 37931 Teddy Britt LAND APPLICATION AGREEMENT THIS LAND APPLICATION AGREEMENT (the "A egr ement') is made as of this 11 day of January . 2022 (the "Effective Date") by and between Teddy Britt ("Landowner'') and MURPHY-BROWN, LLC, a Delaware limited liability company (the "Applicator"). RECITALS: A. Applicator owns certain real property (as more particularly described on Exhibit A attached hereto, the "Applicator's Land' where it conducts farming activities that contribute to the raising and production of livestock, including, but not limited to, the feeding, care, and management of livestock, mortality management, the planting, raising, and harvesting of crops, and has a need to remove nutrient - rich effluent from the waste utilization system in place upon all or a portion of Applicator's Land (the "Effluent") by applying the same over nearby farm land; (which could be- crop land, hay fields, and/or grazed pastures.) B. Landowner owns, or has transferable rights to, the farm land described in Exhibit B attached hereto (the "Farm Land"), and wishes to have the Effluent applied over said Farm Land pursuant to the terms and conditions hereof. For and in consideration of other good and valuableconsideration, the receipt andsufficiency of which are acknowledged, and of the premises, mutual covenants and conditions in this Agreement_, Landowner and Applicator (the "Parties") agree as follows: 1. GRANT. Subject to the terms and provisions of this Agreement, and during the term hereof, Landowner grants to Applicator, and any of its authorized employees, contractors, or agents, permission to enter upon the Farm Land to apply, free of charge to Landowner; the Effluent upon the Farm Land. Such application of the Effluent shall be completed in the manner and process as consistent with the terms of this Agreement and the Governing Law. 2. TERM; AUTOMATIC EXTENSION; EARLY TERMINATION. The term of this Agreement ("Term") shall commence on the Effective Date and shall expire on December 31, 2027 (the "Initial Term"). Provided that there is no uncured default of this Agreement upon expiration of the Initial Term, Applicator may, upon written notice to Landowner, elect to extend the Initial Term for an additional one (1) year period (the "Extended Term") on the same terms and conditions as the Initial Term. In such event, the Extended Term shall become part of the Term. Notwithstanding the foregoing, Applicator has the unilateral right to terminate this Agreement at any time by delivering to Landowner a notice of termination at least ninety (90) days prior to the desired date of termination (an "Early Termination Notice'). 3. PAYMENT OF FEE. There will be no payment, but the Landowner will gain the fertilizer value of the Effluent Applied. 4. APPLICATION OF EFFLUENT. Applicator shall coordinate with Landowner with respect to the timing of the application of the Effluent upon the Farm Land. The Parties agree to work in together in good faith to schedule Effluent application on dates and at times that do not unreasonably interfere with the operation or use of the Farm Land, nor which disrupt or negatively impact Applicator's operations and need for disposal of the Effluent from Applicator's Land, including Applicator's need to apply Effluent, including compliance with any Governing Law. 5. RECOGNITION OF EFFLUENT COMPONENTS. Landowner understands and agrees that (a) the Effluent contains nitrogen, phosphorous, and other trace elements and should not harm Landowner's land or crops; (b) the Effluent's application on the Farm Land may reduce Landowner's needs for commercial fertilizer; and (c) nitrogen and other nutrient limitations exist based on an individual farm waste utilization plan under Governing Law ("Plan"). After the completion of Effluent application, Applicator shall provide Landowner report showing a nitrogen total of animal waste derived nutrients vs. remaining nutrients as allowed in the Plan. 6. INDEMNIFICATION. Each party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of a breach of any representation made in this Agreement, or the negligence or willful misconduct of the indemnifying party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other party, or its employees, contractors or agents. 7. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws and rules of the State in which the Farm Land is located "Governing Law"). 8. ASSIGNMENT AND SUBLEASE. This Agreement may not be sold, assigned or transferred without the written consent of Landowner, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of Applicator or transfer upon partnership or corporate dissolution of Applicator shall constitute an assignment hereunder: 9. TAXES. Landowner shall be responsible for all county and state property taxes due on the Farm Land. 10. MEMORANDUM OF LEASE. Either party, upon written request of the other, shall join in the execution of a Memorandum of Lease in proper form for recording or filing in the office of the register of deeds of the county in which the Farm Land is located, which Memorandum shall set forth the existence of terms of this Lease, and such other terms as the parties may mutually agree upon 11. NOTICES. All notices hereunder ("Notices") must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by overnight commercial courier, addressed as folI ows (or any other address that the Party to be notified may have designated to the sender by like Notice): LANDOWNER: Teddy Britt 19096 Hwy 242 S. Evergreen, NC 28436 910-86 432 2 APPLICATOR: c/o Murphy -Brown LLC 2822 Hwy. NC-24 West Warsaw, North Carolina 28398 Attn: Real Estate Department with copy to: Smithfield Foods, Inc. 200 Commerce Street Smithfield, Virginia 23430 Attn: Legal Department Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 12. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the parties hereto. 13. COUNTERPARTS. This Agreement maybe executed in duplicate counterparts, each of which shall be deemed an original. 14. ENTIRE AGREEMENT. This Agreement represents the entire agreement and. understanding of the Parties hereto and supersedes all prior agreements and understandings relating to the subject matters in this Agreement. This Agreement may be modified only by an agreement in writing executed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date last written below. LANDOWNER: Name: eddy Britt Date: —L— j +—JP' APPLICATOR: MURPHY-BROWN, LLC, a Delaware limited liability �company By: ogrz!!5!�, Name: Mike Cudd Title: EnWonmental Systems Manager Date: /-l/ 'Z- 3 _ Al rJ r-i 4 rJ r r iii 11 �� l i r l r rJ it�rJ w - Cr 0 R a V ii