HomeMy WebLinkAbout820138_Permit (Issuance)_20240723ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Eason Farms, Inc.
Eason Farms Inc.
32 Eason -Elmore Rd
Dunn, NC 28334
Dear Eason Farms, Inc.:
NORTH CAROLINA
Environmental Quality
July 23, 2024
Subject: Permit No. AWI820138
Eason Farms Inc.
Animal Waste Management System
Sampson County
In accordance with your request for permit renewal received April 6, 2021 and irrigation modification request received
February 14, 2019, we are forwarding herewith Permit No. AWI820138 issued to Eason Farms, Inc., authorizing the
continued operation of an animal waste collection, treatment, storage, and land application system in accordance with this
Permit including the management of animal waste from the Eason Farms Inc., located in Sampson County.
The system shall serve as the treatment system for the entire animal waste stream for the facility with an animal capacity of
no greater than 3,960 Swine Feeder to Finish. All waste application to land shall be as specified in the facility's Certified
Animal Waste Management Plan (CAWMP). Any increase in flow or increase in stocked animals above the listed values
in this Permit will require a modification to this Permit and shall be completed prior to the actual increase in either flow or
number of animals.
The Permit shall be effective from the date of issuance until June 30, 2029 and shall be subject to the conditions and
limitations as specified therein. Please pay particular attention to the record keeping and monitoring requirements in this
permit. Failure to establish an adequate system for collecting and maintaining the required operational information will
result in future compliance problems.
You are subiect to the conditions of this permit until the closure of all waste storage basins and the rescission of this
permit. You must submit a letter to the Division of Water Resources to request rescission of the Permit by providing
documentation of closure of all containment basins.
If any parts, requirements, or limitations contained in this Permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in
the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this
Permit shall be final and binding.
If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future
samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP
developed.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable laws, rules,
standards, and ordinances (local, state, or federal) nor convey any property rights in either real or personal property.
D � Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
NORTH CARCLINq
919.707.9129
AWI820138
Per 15A NCAC 2T. 0111(c), a compliance boundary is provided for the facility and no new water supply wells shall be
constructed within the compliance boundary. Per NRCS standards, a 100-ft separation shall be maintained between water
supply wells and any lagoon, storage pond, or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this Permit may result in revocation of this
Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the Clean Water Act, and 40 CFR 122.41,
including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an application for
renewal must be filed at least 180 days prior to expiration.
This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division
prior to a name change or change in ownership.
In accordance with Condition II.23 of this Permit, waste application shall cease within four (4) hours of the time that
the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated
with a tropical system for the county in which the facility is located. You may find detailed watch/warning
information for your county by calling the Raleigh, NC National Weather Service office at (919) 326-1042, or by
visiting their website at: http://www.weather.gov/rah/
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Staff may be
reached at (910) 433-3300. If you need additional information concerning this Permit, please contact the Animal
Feeding Operations Unit staff at (919) 707-9129.
Sincerely,
Docu Signed by:
AVK ,SL ra�
E3415E2C05B24CD...
Ramesh Ravella
Supervisor, Animal Feeding Operations
Division of Water Resources
cc: Sampson County Health Department
Sampson County Soil and Water Conservation District
Smithfield Hog Production
Laserfiche File No: 820138
July 23, 2024
AWI820138
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Eason Farms, Inc.
Sampson County
for the
continued operation of a 8,989 GPD animal waste collection, treatment, storage and spray irrigation facility consisting of
one 285,000 gallon HDPE lined earthen basin with 7.5 Hp of mechanical aeration, two 189,700 gallon HDPE lined earthen
basins, one 366,670 gallon HDPE lined earthen basin with 5 Hp of mechanical aeration, one 304,600 gallon HDPE lined
earthen basin with 2 Hp of mechanical aeration, two storage ponds with a total volume of 3,460,000 gallons, and all
necessary pipes, pumps, alarms, controls, and appurtenances to serve 3,960 Swine Feeder to Finish, with no discharge of
wastes to surface waters, in conformity with the project plan, specifications, and other supporting data subsequently filed
and approved by the Department of Environmental Quality (DEQ) and considered a part of this Permit.
Bypass of the waste collection, treatment, storage and land application system (system,) is prohibited; all wastes shall be
treated by the system before reaching the earthen storage structures.
This Permit shall be effective from the date of issuance until June 30, 2029 and shall be subject to the following specified
conditions and limitations.
I. PERFORMANCE STANDARDS
Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided
in this Permit and associated statutory and regulatory provisions. The animal waste collection, treatment,
storage and land application system permitted under this Permit shall be effectively maintained and
operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or
ditches. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct
application, direct discharge, or through ditches, terraces, or grassed waterways not otherwise classified as
state waters.
Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance
with Natural Resources Conservation Service (MRCS) Standards and does not result in a discharge of waste
to surface waters or wetlands.
Facilities must be designed, constructed, operated, and maintained to contain all waste plus runoff from a
25-year, 24-hour rainfall event for the location of the facility. If the Permittee is in compliance with this
Permit and the facility's Certified Animal Waste Management Plan (CAWMP), and unintentionally
July 23, 2024
AWI820138
discharges as a result of a storm event greater than the 25-year, 24-hour storm, the Facility will not be
considered to be in violation of this Permit.
Any application of waste to a ditch that drains to surface waters or wetlands is prohibited unless all of the
following are met:
a. ditches are controlled by best management practices (BMPs) designed in accordance with NRCS
standards;
b. the BMPs have been submitted to and approved by the Division of Water Resources (Division);
c. the BMPs were implemented as designed to prevent a discharge of waste to surface waters or wetlands;
d. inspections are conducted in compliance with Condition II.17;
e. the waste was removed immediately from the ditch upon discovery; and
f. the event was documented and reported in accordance with Condition III.17. of this Permit.
Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result
because of rainfall from a storm event more severe than the 25-year, 24-hour storm. — [G. S. §143-215.1OC]
2. This Permit does not allow the Permittee to cause a violation of any of the water quality standards
established pursuant to Title 15A, Subchapter 2B of the North Carolina Administrative Code and Title 15A,
Subchapter 2L of the North Carolina Administrative Code.
The facility's CAWMP are hereby incorporated by reference into this Permit. The CAWMP must be
consistent with all applicable laws, rules, ordinances, and standards (federal, state and local) in effect at the
time of siting, design and certification of the facility. Any violation of the terms or conditions of the
CAWMP is a violation of this Permit subject to enforcement action and may result in the Permittee having
to take immediate and/or long-term corrective action(s) as required by the Division. — [G.S. §143-215.6A
and 15A NCAC 02T .1304(b)]
4. The Permittee must assess and record, on an ongoing basis, the effectiveness of the CAWMP. The Permittee
must make "major changes," "revisions," or "amendments" to the CAWMP to address changes needed to
maintain compliance with this Permit.
"Major changes," "revisions," and "amendments" to the CAWMP must be documented, signed and dated
by the Permittee and a technical specialist, and included as part of the CAWMP. "Major changes" require
recertification of the CAWMP by a technical specialist or other appropriate professional. The new
CAWMP and the recertification shall be submitted with a request that the Permit be amended to reflect the
changes. The facility may not make the changes until approved by the Division and a new or amended
Permit has been issued.
"Revisions" and "amendments" must adhere to the current applicable standard; recertification is not
required. "Revisions" and "amendments" must be submitted to the Division's Central Office within thirty
(30) calendar days. A CAWMP must be revised if the operation cannot utilize all Nitrogen generated by
the animal production in accordance with the existing CAWMP. If field, riser or pull numbers are changed,
an explanation shall also be submitted and include an updated irrigation map with a description of how the
new numbers relate to the old numbers. — [G.S. §143-215. IOC, 15A NCAC 02T . 0108(b) and .1304(b)J
Any violation of CAWMP shall be considered a violation of this Permit and subject to enforcement actions.
4 July 23, 2024
AWI820138
5. A violation of this Permit may result in the Permittee having to take immediate or long-term corrective
action(s) as required by the Division. These actions may include but are not limited to: modifying the
CAWMP; ceasing land application of waste; removing animals from the facility; or the Permit being
reopened and modified, revoked and reissued, and/or terminated. — [G.S. §143-215.6A and 15A NCAC 02T
.0110]
6. Any proposed modification to this animal waste management system, operation type or the annual average
design capacity from that authorized in the Permit is considered a "major change" and will require a
modification to the CAWMP and the Permit prior to modification of the facility. — [G.S. §143-215.10C,
15A NCAC 02T .0108(b) and .1304(b)J
7. No collection, treatment or storage facilities may be constructed in a 100-year flood plain. — [G.S. §106-
803(a2)]
8. Facilities located in watersheds sensitive to nutrient enrichment may be notified by the Division to conduct
an evaluation of the facility and its CAWMP to determine the facility's ability to comply with the NRCS
nutrient management standard as it relates to phosphorous. This evaluation will not be required until such
time as the permittee is notified by the Division. The evaluation must be documented on forms supplied
by or approved by the Division and must be submitted to the Division. This evaluation must be completed
by existing facilities within twelve (12) months of receiving notification from the Division.. — [I5A NCAC
02T . 0108(c)]
For facilities located in watersheds sensitive to nutrient enrichment, all fields with a "HIGH" phosphorous -
loss assessment rating shall have land application rates that do not exceed the established crop removal rate
for phosphorous. There shall be no waste application on fields with a "VERY HIGH" phosphorous -loss
assessment rating.
9. A copy of this Permit, the CAWMP, approved design documents, as -built specifications, operation and
maintenance plan, and all certification forms shall be readily available at the Facility (stored at places such
as the farm residence, office, outbuildings, etc.) where animal waste management activities are being
conducted for the life of this Permit. These documents shall be kept in good condition and records shall be
maintained in an orderly fashion. — [15A NCAC 02T .0108(c)]
10. The system including the spray irrigation system shall be effectively maintained and operated at all times
so that there is no discharge to surface waters or any contamination of ground waters, which will render
them unsatisfactory for normal use. In the event that the system fails to perform satisfactorily, including
the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater,
the Permittee shall take immediate corrective actions including those actions that may be required by the
Division. — [15A NCAC 02T .0108(b)]
11. Animal waste shall not be applied within:
a. 100 feet of any well except for monitoring wells. The allowable distance to monitoring wells shall be
established on a case -by -case basis by the Division. — [15A NCAC 02T .1304(b)(5)J
b. 25 feet from a perennial stream or perennial waterbody for swine animal feeding operations sited or
expanded prior to September 30, 1995; — [I5A NCAC 02T .1304(b)(6)J
c. 50 feet from any perennial stream or river, other than an irrigation ditch or canal, for swine animal
feeding operations sited after September 30, 1995 and constructed or expanded before August 27, 1997;
— [NC Session Law 1995-420]
July 23, 2024
AWI820138
d. 75 feet from any perennial stream or river, other than an irrigation ditch or canal, for any land
application area for swine animal feeding operations that is first put in use after August 27, 1997; —
[G.S. 106-803 and NC Session Law 1997-458]
a. 200 feet from a dwelling not owned by the Permittee at the time waste was first applied at the land
application site. — [15A NCAC 02T .1304(b)(5)J
II. OPERATION AND MAINTENANCE REQUIREMENTS
The collection, treatment, and storage facilities, and the land application equipment and fields shall be
properly operated and maintained at all times. — [15A NCAC 02T .1304(b)]
2. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields
and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the
CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP
allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy. — [I5A
NCAC 02T .1304(b)]
Soil pH on all land application fields must be maintained in the optimum range for crop production. — [G.S.
§143-215.1OC(e)(7)J
4. Land application rates shall be in accordance with the CAWMP. In no case shall the total land application
rates from all nutrient sources exceed the agronomic rate of the nutrient of concern for the receiving crop.
— [G.S. §143-215.IOC, and 15A NCAC 02T .1304(b)]
5. In no case shall land application result in excessive ponding or any runoff during any given application
event. — [I5A NCAC 02T .1304(b)]
6. Animal waste shall not be directly applied onto crops for direct human consumption that do not undergo
further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) at any time during the growing
season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes
shall not occur within thirty (30) days of the harvesting of fiber and food crops for direct human
consumption that undergoes further processing. — [15A NCAC 02T . 0108(b)]
7. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the
soil within two (2) days after application on the land, or prior to the next rainfall event, whichever occurs
first. This requirement does not apply to no -till fields, pastures, or fields where crops are actively growing.
— [15A NCAC 02T T. 0108(b)]
8. No material other than animal wastes of the type generated on this facility shall be disposed of in the animal
waste collection, treatment, storage, or application systems. This includes but is not limited to pesticides,
toxic chemicals and petroleum products. — [I5A NCAC 02T .1304(b)]
9. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the
animal waste collection, treatment, storage, and application system. Washdown of stock trailers owned by
and used to transport animals to and from the facility only, will be permissible if the system has been
evaluated and approved to accommodate the additional volume. Only those cleaning agents and soaps that
are EPA approved according to their label, will not harm the cover crop, and will not contravene the
groundwater standards listed in 15A NCAC 2L may be utilized by facilities under this Permit. Instruction
labels are to be followed when using cleaning agents and soaps. — [I5A NCAC 02T .0108(b) and. 1304(b)]
6 July 23, 2024
AWI820138
10. Disposal of dead animals shall be done in accordance with the facility's CAWMP and the North Carolina
Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and
regulations.
Disposal of dead animals must occur within twenty-four (24) hours after knowledge of the death in a manner
approved by the State Veterinarian. Proposed methods for disposal of mortality that extends beyond twenty-
four (24) hours must be approved by the State Veterinarian. Burial is not recommended for disposal of dead
animals. Mortality management plans that utilize burial must include maps showing existing and planned
burial locations with setbacks from surface waters, wells, and property lines. The Division may require
groundwater monitoring for mortality burial sites.
For animal carcass disposal that addresses catastrophic mortality (as defined by NCDA&CS Veterinary
Division), mortality numbers that exceed the capacity of the primary mortality management method, or
when the primary/normal mortality management method is unable to be used, the facility shall:
a. Report the loss to the NCDA&CS Veterinary Division within 24-hours of the mortality event.
b. If burial is the disposal method, then also:
consult with the Division and NCDA&CS Veterinary Division prior to burial;
ii. map the burial sites, showing burial locations and setbacks from surface waters, wells, and
property lines;
iii. record the dates and numbers of the animals buried by species and type; and
iv. submit the map and burial records within fifteen (15) calendar days of burial to the Water Quality
Regional Operations Section within the appropriate Regional Office.
[G.S. §143-215. 1 OC(e) (3) and §106-403]
In the event of a state of emergency declared by the Governor, disposal of dead animals shall be done in
accordance with the guidelines issued by the State Veterinarian. — [G.S. §106-402.1]
11. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding
property and buildings shall be diverted away from the waste lagoons/storage ponds to prevent any
unnecessary addition to the liquid volume in the structures. — [15A NCAC 02T .1304(b)]
12. A protective vegetative cover shall be established and maintained on all earthen lagoon/storage pond
embankments (outside toe of embankment to maximum operating level/compliance level on embankment
interior), berms, pipe runs, and storm water diversions with the goal of preventing erosion. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All
trees shall be removed in accordance with good engineering practices. Lagoon/storage pond areas shall be
accessible, and vegetation shall be kept mowed. — [I5A NCAC 02T .1304(b)]
13. The residuals generated from this Facility must be disposed in accordance with General Statute 143-215.1
and in a manner approved by the Division. When removal of sludge from the treatment units is necessary,
provisions must be taken to prevent damage to any dikes and liners.
If separated solids or residuals from the other treatment units are accumulated faster than predicted, and it is
determined that designed treatment, storage and disposal methods are insufficient, the Permittee will
immediately deactivate the system, ceasing the generation of solids, until adequate solids storage and/or
removal can be designed, approved, and constructed.
July 23, 2024
AWI820138
14. All treatment units shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs,
gloves, syringes or any other solid waste. — [15A NCAC 02T . 0108(b)]
15. The facility must have at least one of the following items at all times:
a. adequate animal waste application and handling equipment;
b. a lease, or other written agreement, for the use of the necessary equipment; or
c. a contract with a third -party applicator capable of providing adequate waste application.
[15A NCAC 02T T. 0108(b)]
16. The Permittee shall designate a certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system. The waste management system shall
be operated by the Operator in Charge (OIC) or a person under the OIC's supervision. — [G.S. §90A-47.2]
17. The OIC, a designated Back-up OIC of a Type A Animal Waste Management System, or a person under
the supervision of an OIC or designated Back-up OIC shall inspect the land application site as often as
necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case shall
the time between inspections be more than 120 minutes during the application of waste. A record of each
inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date,
time, land application area used, and name of the operator for each inspection. If neither the OIC or
designated Back-up OIC was present during land application, then the OIC or designated Back-up OIC
shall inspect the land application area within twenty-four (24) hours.
Inspection shall include but not be limited to visual observation of application equipment, land application
area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. — [15A NCAC 8F
.0203(b) and 15A NCAC 02T .0108(c)J
18. Upon written notification from the Director, the Permittee shall install and operate automatic flow meters
with flow totalizers or other flow monitoring equipment approved by the Division. The Permittee shall
maintain such devices according to the manufacturer's instructions and warranties. The equipment must be
in place no later than ninety (90) days following receipt of notice from the Director. Notification may be
based on the facility's violations, incomplete or incorrect record keeping events, or if the Division
determines that flow estimation techniques do not effectively quantify volumes of waste applied. This
determination shall be made on a case -by -case basis. — [15A NCAC 02T .0108(c)]
19. No waste shall be applied in wind conditions that cause or might reasonably be expected to cause the waste
to reach surface waters, wetlands, or cross property lines, or field boundaries. — [15A NCAC 02T .0108(b)]
20. Upon written notification from the Director, the Permittee shall install/utilize application equipment or
practices that reduce drift potential. Written notification may be provided if the Division determines
violations due to wind drift. This determination shall be made on a case -by -case basis. — [15A NCAC 02T
.1304(b)]
21. The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's
CAWMP near feedlots, manure storage areas, and land application areas. — [15A NCAC 02T .1304(b)]
22. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow covered at the time
of land application. — [15A NCAC 02T .1304(b)(7)J
July 23, 2024
AWI820138
23. Land application of waste is prohibited during precipitation events. The Permittee shall consider pending
weather conditions in making the decision to land apply waste and shall document the weather conditions
at the time of land application on forms supplied by or approved by the Division. — [15A NCAC 02T
.1304(b)(8)J
Land application of waste shall cease within twelve (12) hours after the National Weather Service first
issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch/Flash Flood Watch in advance of
an associated tropical system including a hurricane, tropical storm, or tropical depression for the county in
which the permitted facility is located. This requirement is intended to have all land application of animal
waste end approximately twenty-four (24) hours in advance of the onset of the storm event.
Watches and warnings are posted on the National Weather Service's website located at: www.weather.gov.
More detailed website information can be found on Page 2 of this Permit. Watch and warning information
can also be obtained by calling the local National Weather Service Office that serves the respective county,
which can be found on Page 2 of this Permit. — [15A NCAC 02T .0108(b)]
24. If liquid effluent samples show that additional land will be necessary for application of nitrogen at
agronomic rates, the Permittee will take immediate action. This action may include, but may not be limited
to, one of the following: — [I5A NCAC 02T .0108(b)]
a. preparing additional land at the site for land application wastewater or solids;
b. acquiring leased land agreements for land application of wastewater or solids; or
c. decrease the animal population to that which creates a balance between nutrients produced and
utilization on the existing land application and crops, or d) any other method approved by the
Division.
25. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test Index for
Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater than 3,000 (213 pounds per acre). —
[G.S. §143-215.10C(e)(6)J
26. All waste application equipment must be tested and calibrated at least once every two years. The results
must be documented on forms provided by, or approved by, the Division. —[15A NCAC 02T .1304(b)(9)J
27. Any major structural repairs to lagoons/storage ponds must have written documentation certifying proper
design and installation. Professional engineers, authorized federal employees, and technical specialists with
Structural Animal Waste designation may provide certification. However, if a piece of equipment is being
replaced with a piece of equipment of the identical specifications, no c certification is necessary [i.e. piping,
reels, valves, pumps (if the gallons per minute (gpm) capacity is not being increased or decreased), etc.]
unless the replacement involves disturbing the lagoon/storage pond embankment or liner. — [15A NCAC
02T . 0108(b)]
28. Crops for which animal waste is land applied must be harvested, removed from the land application site,
and properly managed and utilized unless other management practices are approved in the CAWMP. Hay
harvested from land application fields shall be removed within twenty-four (24) months of cutting unless
other management practices are approved in the CAWMP. — [15A NCAC 02T .0108(b) and .1304(b)J
29. The WUP shall be modified as needed, based on performance of the system. If performance is not as
predicted, immediate measures such as those listed in Condition 11.24 above will be taken.
9 July 23, 2024
AWI820138
30. In the case of interruption or failure of the system, the Permittee may have to take immediate or long-term
corrective action(s) as required by the Division. These actions may include but are not limited to
modification to the CAWMP, ceasing land application of wastes, or removal of animals. — [15A NCAC 02T
.0108]
31. In accordance with NC NRCS Conservation Practice Standard No. 359 "Waste Treatment Lagoon", an
operator may temporarily lower lagoon levels to provide irrigation water during drought periods and to
provide additional temporary storage for excessive rainfall during the hurricane season and in preparation
for the following winter months. All conditions of NC NRCS Standard No. 359 must be satisfied prior to
lowering lagoon levels below designed stop pump levels. NC NRCS Standard No. 359 requires the
following:
a. Lagoon levels may be lowered a maximum of 8 inches below the facility's stop pump mark during the
period of June 15 through October 31
b. This option shall be limited to lagoons having a minimum of 4 feet of liquid above the sludge layer.
The measurement shall be taken from the stop pump level, at the pump intake, prior to pumping below
the stop pump level.
c. All applications must be in conformance with the CAWMP developed for the operation, including
adherence to the planned nutrient application rates.
d. From November 1 through June 14, pumping from the lagoon will not be permitted when the lagoon
level is at or below the stop pump elevation.
e. The following information concerning the pump down conditions shall be recorded and maintained on
site:
i. Date the lagoon was first pumped below the stop pump level;
ii. Depth of liquid between the stop pump level and the sludge layer prior to pumping below the
stop pump mark. Measured from the stop pump level near the pump intake location but off the
inside slope of the embankment;
iii. Date pump down was completed; and
iv. Depth of pump down below the stop pump level. Measured weekly until the lagoon returns to
the stop pump level.
[15A NCAC 02T .1304(b)]
III. MONITORING AND REPORTING REQUIREMENTS
The Permittee or a Designee shall inspect the entire system waste collection, treatment, and storage
structures and runoff control measures at a frequency to insure proper operation but at least monthly and
after all storm events of greater than one (1) inch in 24 hours. The Permittee shall keep an inspection log
or summary including at least the date and time of inspection, observations made, and any maintenance,
repairs, or corrective actions taken by the Permittee. This log of inspections shall be for a period of five
(5) years from the date of the inspection and shall be made available upon request to the Division or other
permitting authority. — [15A NCAC 02T .1304(b)]
2. The Permittee or a designee shall keep a log of all operational changes made to the system including at least
the process parameter that was changed, the date and time of the change, the reason for the change, and all
10 July 23, 2024
AWI820138
observations made both at the time of the change and subsequently as a result of the change. — [15A NCAC
02T . 0108(c)]
A representative Standard Soil Fertility Analysis shall be conducted at least once every three (3) years on
each application site receiving animal waste. The results of these tests shall be kept on file by the Permittee
for a minimum of five (5) years and shall be made available to the Division upon request. — [G.S. §143-
215.1OC(e)(6)J
4. All records, including operation, maintenance, repair and irrigation records shall be maintained on site and
in chronological and legible form for a minimum of five (5) years by the Permittee. These records shall
be maintained on forms provided by or approved by the Division and shall be readily available for
inspection.
5. Monitoring and Recording Freeboard Levels:
a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each storage
pond that does not gravity feed through a free -flowing transfer pipe into a subsequent structure.
The gauge shall have readily visible permanent markings. — [15A NCAC 02T .1304(b)(10)J
The waste level in each structure with a waste level gauge shall be monitored and recorded weekly
on forms supplied by or approved by the Division. — [15A NCAC 02T .0108(c)]
Upon written notification from the Director, more frequent monitoring and recording of waste
levels may be required based on the facility's compliance history for freeboard violations. — [15A
NCAC 02T . 0108(c)]
b. Freeboard violations in any two consecutive years following the issuance of this Permit, or as
determined necessary by the Director, shall monitor and record waste levels as follows:
In addition to the facility's existing lagoon waste -level gauges, automated lagoon/storage pond
waste -level monitors and recorders (monitored and recorded at least hourly) must be installed on
all treatment and storage structures covered this Permit to measure and record freeboard. This
equipment must be properly maintained and calibrated in a manner consistent with the
manufacturer's operation and maintenance recommendations. This automated equipment must be
in place no later than ninety (90) days following notification from the Director. The Director may
determine that installation of automated waste level monitors is not required if the Permittee can
demonstrate that preventative measures were taken to avoid the violations and that the violations
resulted from conditions beyond the Permittee's control.
If an automated level monitor(s) becomes inoperable, the Permittee shall:
report the problem by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than 24 hours following first knowledge of the problem; and,
ii. make any needed repairs to the equipment as quickly as possible and take and record daily
waste levels at the same time every day until such time as the automated equipment is
placed back into operation.
c. Upon written notification from the Director, the Permittee may be required to install new or
modified waste -level gauges if it is determined that the existing gauges are not adequate to
accurately indicate actual waste levels, or the various waste levels required to be maintained by this
Permit or CAWMP.
11 July 23, 2024
AWI820138
6. Monitoring and Recording Precipitation Event
a. Precipitation events at the facility to operate under this Permit shall be monitored and recorded as
follows:
A rain gauge must be installed at a site that is representative of the weather conditions at the farm's
land application site(s) to measure all precipitation events. The precipitation type and amount must
be recorded daily for all precipitation events and maintained on site for review by the Department
of Environment and Natural Resources (Department). Daily records do not need to be maintained
for those days without precipitation events.
b. The Director may require that an automated rain gauge and recorder must be installed on site to
measure and record all precipitation events. This equipment must be properly maintained and
calibrated in a manner consistent with manufacturer's operation and maintenance
recommendations. This automated equipment must be in place no later than ninety (90) days
following receipt of notice from the Director.
If an automated rain gauge(s) becomes inoperable, the Permittee shall:
report the problem by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
problem; and,
ii. make any needed repairs to the equipment as quickly as possible and take and record all
rainfall events until such time as the automated equipment is placed back into operation.
7. An analysis of the animal waste to be land applied shall be conducted in accordance with recommended
laboratory sampling procedures as close to the time of application as practical and at least within sixty (60)
days (before or after) of the date of application. Every reasonable effort shall be made to have the waste
analyzed prior to the date of application and as close to the time of waste application as possible. This
analysis shall include the following parameters:
Nitrogen Zinc
Phosphorus Copper
8. The Permittee shall record all irrigation and land application event(s) including date of application,
hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record
removal of solids and document nutrient loading rates if disposed of on -site or record the off -site location(s).
These records must be on forms supplied by, or approved by, the Division. — [G.S. §143-215.1OC(e)(8)J
9. A record shall be created and maintained of all transfers of waste between waste structures on the same site
not typically operated in series. Such record shall include at least the identity of the structure from which
the waste was transferred, the identity of the structure receiving the waste, the date and time of transfer and
the total volume of waste transferred. — [15A NCAC 02T . 0108(c)]
10. The Permittee must maintain weekly stocking records for the facility and make the records available to the
Department— [I5A NCAC 02T T. 0108(c)]
11. If, for any reason, there is a discharge from the waste collection, treatment, storage and application systems
(including the land application sites), to surface waters or wetlands, the Permittee is required to make
notification in accordance with Condition III. 15. The discharge notification shall include the following
information: — [15A NCAC 02T . 0108(b) and (c)J
12 July 23, 2024
AWI820138
a. Description of the discharge: A description of the discharge including an estimate of the volume
discharged, a description of the flow path to the receiving surface waters or wetlands and a site sketch
showing the path of the waste.
b. Time of the discharge: The length of time of the discharge, including the exact dates and times that
it started and stopped, and if not stopped, the anticipated time the discharge is expected to continue.
C. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a precipitation
event, detailed information from the on -site rain gauge concerning the inches and duration of the
precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to prevent future
discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition III. 7
above.
12. In accordance with 15A NCAC 02T .0108(c), the Division may require any monitoring and reporting
(including but not limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage
pond levels and plant tissue) necessary to determine the source, quantity, quality, and effect of animal waste
upon the surface waters, groundwaters or wetlands. Such monitoring, including its scope, frequency,
duration and any sampling, testing, and reporting systems, shall meet all applicable Division requirements.
13. A copy of this Permit, certification forms, lessee and landowner agreements, the CAWMP, the Operations
and Maintenance Manual, and copies of all records required by this Permit and the facility's CAWMP shall
be maintained by the Permittee in chronological and legible form for a minimum of five (5) years. Records
include but are not limited to: soil and waste analyses, rain gauge readings, freeboard levels, irrigation and
land application event(s), past inspection reports and operational reviews, animal stocking records, records
of additional nutrient sources applied (including but not limited to sludges, unused feedstuff leachate,
septage and commercial fertilizer), cropping information, waste application equipment testing and
calibration, and records of removal of solids to off -site location(s). These records shall be maintained on
forms provided or approved by the Division and shall be readily available at the facility (stored at places
such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being
conducted for the life of this Permit, unless otherwise specified in this Permit. — [15A NCAC 02T . 0108(c)]
14. Within fifteen (15) working days of receiving the request from the Division, the Permittee shall provide to
the Division one (1) copy of all requested information and reports related to the operation of the animal
waste management system. Once received by the Division, all such information and reports become public
information, unless they constitute confidential information under NC G.S. 132-1.2, and shall be made
available to the public by the Division as specified in Chapter 132 of the General Statutes. — [15A NCAC
02T . 0108(c)]
15. Regional Notification:
The Permittee shall report by telephone to the Fayetteville Regional Office, telephone number (910) 433-
3300, as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence
of any of the following events: — [15A NCAC 02T . 0108(b)]
a. Failure of any component of the animal waste collection, treatment, and storage and land application
system resulting in a discharge to surface waters.
b. Any failure of the animal waste treatment and disposal system that renders the Facility incapable of
adequately receiving, treating or storing the animal waste and/or sludge.
13 July 23, 2024
AWI820138
c. A spill or discharge from a vehicle or piping system transporting animal waste or sludge which results
in, or may result in, a discharge to surface waters or an event that poses a serious threat to surface
waters, wetland, or human health or safety.
d. Any deterioration or leak in a treatment unit that poses an immediate threat to the environment.
e. Failure to maintain adequate storage capacity in a treatment unit greater than or equal to that required
in Condition V.2 of this permit.
f. Any discharge that bypasses a treatment unit.
g. Any discharge that poses a serious threat to the environment or human safety or health
h. Any failure of any component of the system.
i. Over applying waste either in excess of the limits set out in the CAWMP or where runoff enters surface
waters or wetlands.
For any emergency that requires immediate reporting after normal business hours, please contact
the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the Fayetteville Regional Office within five (5) calendar
days following first knowledge of the occurrence. This report shall outline the actions taken or proposed
to be taken to correct the problem and to ensure that the problem does not recur. In the event of storage
capacity violations as described in Condition III.15.e, the written report shall outline the actions proposed
to be taken to restore compliance within thirty (30) calendar days. The requirement to file a written report
may not be waived by the Division Regional Office.
In the event the waste level in a lagoon/storage pond is found to be within the designed structural
freeboard, the Permittee shall file a written report to the Fayetteville Regional Office within two (2)
calendar days following first knowledge of the occurrence. This report shall outline actions taken or
proposed to be taken to reduce waste levels below the designed structural freeboard within five (5)
calendar days of first knowledge of the occurrence.
16. The Director may require this facility to submit additional reports and/or certifications based on compliance
history. — [15A NCAC 02T . 01081
17. In the event of a discharge of 1,000 gallons or more of animal waste to surface waters or wetlands, the
Permittee must issue a press release to all print and electronic news media that provide general coverage in
the county in which the discharge occurred setting out the details of the discharge. The press release must
be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface
waters or wetlands. A copy of the press release and a list of the news media to which it was distributed
must be kept for at least one (1) year after the discharge and must be distributed to any person upon request.
— [G.S. §143-215.1OC(h)(1)1
At a minimum the press release shall include the name of the facility, location of the discharge, estimated
volume of waste water entering state waters, time and date discharge occurred, duration of the discharge,
and identification of receiving water body The Permittee shall provide a copy of the press release to the
Division. [15A NCAC 02T .0108(b)]
18. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or wetlands, a public
notice is required in addition to the press release described in Condition III.17. The public notice must be
placed in a newspaper having general circulation in the county in which the discharge occurred and the
county immediately downstream within ten (10) days of the discharge. The notice shall be captioned
14 July 23, 2024
AWI820138
"NOTICE OF DISCHARGE OF ANIMAL WASTE". The minimum content of the notice is the name of
the facility, location of the discharge, estimated volume of waste entering state waters, time and date
discharge occurred, duration of the discharge, identification water body that was discharged into including
creek and river basin if applicable, actions taken to prevent further discharge, and a facility contact person
and phone number. The owner or operator shall file a copy of the notice and proof of publication with the
Department within thirty (30) days after the notice is published. Publication of a notice of discharge under
this Condition is in addition to the requirement to issue a press release under Condition III.17. Permittee
must maintain a copy of the press release and the public notice consistent with Condition III.13. — [G.S.
§143-215.1 OC(h) (2)J
19. If a discharge of 1,000,000 gallons or more of animal waste reaches surface waters or wetlands, the
appropriate Division Regional Office must be contacted to determine in what additional counties, if any, a
public notice must be published. A copy of all public notices and proof of publication must be sent to the
Division within thirty (30) days after the notice is published.
20. These requirements are in addition to those found in Conditions III.14 and II1.15 above. The Permittee
must maintain a copy of the public notice and proof of publication consistent with Condition 111.13. — [15A
NCAC 02T . 0108(b)]
21. The Permittee shall conduct a survey of the sludge accumulation in all lagoons and treatment basins every
year. The survey report should be written on forms provided or approved by the Division and shall include
a sketch showing the depth of sludge in the various locations within each lagoon. This survey frequency
may be reduced if it can be demonstrated to the satisfaction of the Division that the rate of sludge
accumulation does not warrant an annual survey. — [15A NCAC 02T .0108(b) and .1304(b)J
If the sludge accumulation is such that the structure does not satisfy the criteria set by NRCS NC
Conservation Practice Standard No. 359, a sludge removal or management plan must be submitted to the
appropriate Division Regional Office within ninety (90) days of the determination. The plan shall describe
removal and waste utilization procedures to be used. Compliance regarding sludge levels must be achieved
within two (2) years of the determination. — [15A NCAC 02T . 0108(b) and .1304(b)J
IV. INSPECTIONS
The Permittee shall allow any authorized representative of the Department, upon the presentation of
credentials and other documents as may be required by law and in accordance with reasonable and
appropriate biosecurity measures, to: — [G.S. §143-215. ]OF]
a. Enter the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this Permit;
C. Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this Permit; and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance, any
substances or parameters at any location.
15 July 23, 2024
AWI820138
V. GENERAL CONDITIONS
The issuance this Permit shall not relieve the Permittee of the responsibility for compliance with all
applicable surface water, wetlands, groundwater and air quality standards or for damages to surface waters,
wetlands or groundwaters resulting from the animal operation. —[15A NCAC 02T . 0111(c)]
2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate
storage to contain the 25-year, 24-hour storm event plus an additional one (1) foot of structural freeboard
except that there shall be no violation of this condition if. i£
a. there is a storm event more severe than a 25-year, 24-hour event;
b. the Permittee is in compliance with its CAWMP; and
c. there is at least one (1) foot of structural freeboard. —[15A NCAC 02T .1304(b)]
Farms with lagoon and storage pond designs completed after September 1, 1996, storage must also be
provided for the heavy rainfall factor (NC NRCS Standard 359) for the lagoons/storage pond. In case of
lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy
rainfall factor storage requirement for the system may be designed into the lowest lagoon/storage pond in
the system. However, adequate freeboard must be designed into the upper lagoons/storage ponds to allow
sufficient storage to prevent the waste level from rising into the structural freeboard while the storm water
is draining into the lowest structure in the system. —[15A NCAC 02T .1304(b), also see NC NRCS Standard
3591
All containment basins, such as a lagoon or a storage pond, used for waste management shall continue to
be subject to the conditions and requirements of this Permit until properly closed. When the containment
basin is properly closed in accordance with the NRCS NC Conservation Practice Standard No. 360 "Closure
of Waste Impoundments," October 2023 or any subsequent amendment, the containment basin shall not be
subject to the requirements of this Permit. The Permittee must submit a letter to the Division to request
rescission of the Permit by providing documentation of closure of all containment basins. — [15A NCAC
02T .1306(a)]
Closure shall also include a minimum of 24 hours pre -notification of the Division and submittal of the
Animal Waste Storage Pond and Lagoon Closure Report Form to the address identified on the form within
fifteen (15) days of completion of closure. — [I5A NCAC 02T .0108(b)]
4. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the
Division. Failure to pay the fee accordingly constitutes grounds for revocation of its this this Permit. —
[G.S. §143-215.]OG and I5A NCAC 02T .0105(e)(2)1
5. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements, which are
required in the CAWMP, shall constitute grounds for revocation of this Permit. —[15A NCAC 02T .0110(1)]
6. Upon classification of the Facility by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall designate a Certified Water Pollution Control System
Operator (Operator) to operate the Facility. The designated Operator must hold a certificate of the same
type(s) and grade(s) as the classification(s) assigned to the Facility by the WPCSOCC. The Permittee may
also be required to designate a certified back-up Operator of the appropriate type and grade to comply with
the conditions of 15A NCAC 8G. 0202. The Permittee shall submit to the WPCSOCC a completed
designation form designating the appropriately certified Operator(s) thirty (30) days prior to the
introduction of waste into the system or within thirty (30) days of classification, in the case of the Existing
16 July 23, 2024
AWI820138
System. The designated Operator of the Facility must visit the Facility as often as necessary to insure
proper operation of the system, but in no case less frequently than as specified in 15A NCAC 8G .0204(2),
15A NCAC 8F. 0203, or both.
7. Failure to abide by the conditions and limitations contained in this Permit may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A-6C and
may include the requirement to obtain additional treatment or storage units and/or addition of land
application sites, and/or the modification of the system.
8. The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable
statutes, rules, regulations, or ordinances (local, state, and federal).
9. This Permit is effective only with respect to the nature and volume of wastes described in this Permit for
the Eason Farms Inc. The Permittee shall notify the Division immediately of any applicable information
not provided in the permit application. — [G.S. §143-215.1]
Any proposed modification to an animal waste management system shall require approval from the
Division prior to construction.
10. This Permit is not automatically transferable. In the event there is a desire for the Facility to change
ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the
Division accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and may or
may not be approved. — [G.S. §143-215.10C and 15A NCAC 02T .1304(c)]
11. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon
receipt of the request, the Commission will review the adequacy of the Facility described therein, and if
warranted, will extend the Permit for such period of time and under such conditions and limitations as it
may deem appropriate. — [15A NCAC 02T .01091
12. The issuance of this Permit does not prohibit the Division from reopening and modifying the Permit,
revoking and reissuing the Permit, or terminating the Permit as allowed by the appropriate laws, rules, and
regulations. — [I SA NCAC 02T .01101
13. The Groundwater Compliance Boundary is defined by 15A NCAC 2L .0102 and 15A NCAC 2T .0103. An
exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the
requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the
North Carolina General Statutes.
14. Upon abandonment or depopulation for a period of five (5) years or more, the Permittee must satisfy all the
follow prior to restocking the facility:
a. The Permittee must notify the Division in writing at least 60 days prior to bringing any animals back
onto the site;
b. The facility has not been abandoned or depopulate for more than ten (10) years;
c. At the time the system ceased operation, the animal operation was in compliance with an individual or
a general permit issued pursuant to G.S. §143-215.1OC;
d. The facility has maintained coverage under an individual permit or a COC under a general permit;
e. The Division issues an individual permit or a COC under a general permit issued pursuant to G.S. § 143-
215.1 OC for the animal operations before any animals are brought on the facility;
17 July 23, 2024
AWI820138
f. The permit for the animal waste management system does not allow the production, measured by steady
state live weight (SSLW), to exceed the greatest SSLW previously permitted under G.S. § 143-215.1 OC;
g. No component of the animal waste management system, other than existing swine barns or land
application sites shall be constructed within the 100-year floodplain; and
h. The inactive animal waste management system was not closed using the expenditure of public funds
and was not closed pursuant to a settlement agreement, court order, cost share agreement, or grant
condition.
Any facility that does not meet the criteria above is a new swine animal waste management system. — [15A
NCAC 02T .1302(5)]
VI. PENALTIES
Failure to abide by the conditions and limitations contained in this Permit; the facility's CAWMP; and/or
applicable state law; may subject the Permittee to an enforcement action by the Division including but not
limited to the modification of the animal waste management system, civil penalties, criminal penalties and
injunctive relief. — [15A NCAC 02T .01101
2. The Permittee must comply with all conditions of this Permit. Any permit noncompliance constitutes a
violation of state law and is grounds for enforcement action; for permit coverage termination, revocation
and reissuance, or modification; or denial of a permit coverage renewal application. — [15A NCAC 02T
.0110]
3. It shall not be a defense for a Permittee in an enforcement action to claim that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Permit.
— [15A NCAC 02T T. 0108(b)]
VII. DEFINITIONS
25-year, 24-hour rainfall or storm event means the maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years, as defined by the National Oceanic and Atmospheric Administration Atlas
14 (NOAA 14), Volume 2, version 3.0, 2004 revised 2006, and subsequent amendments, or equivalent regional or
state rainfall probability information developed therefrom. — [NC NRCS Title 210 — National Engineering
Handbook (NEH), Part 650 Engineering Field Handbook Chapter 2 (EFH-2), North Carolina Supplement, October
20171
Agronomic rate means the amount of animal waste and/or other nutrient sources applied to soil to meet the nitrogen
needs of the crop but does not overload the soil with the nutrients or other constituents that cause or contribute to a
contravention of surface water or groundwater standards, limits crop growth, or adversely impact soil quality.
Nitrogen needs of the crop shall be based on realistic yield expectations (RYE) established for a soil series through
published Cooperative Extension Service bulletins, NRCS publications, county soil surveys, or site -specific
agronomist reports. Unless otherwise specified, nitrogen shall be rate -determining element. - — [G.S. §143-
215. 10 C(e) (6), 15A NCAC 02T .0103(1) and 15A NCAC 02T .1304(b)1
Amendment to the CAWMP means a minor change and/or addition to a part(s) of the plan and does not require
pre -approval from the Division to implement. The following are examples of amendments to the CAWMP:
• In an existing CAWMP, a change in crops and/or cropping pattern that utilizes 25% or less of the N generated
is considered a plan amendment. Additional acreage needed to facilitate the change in crops and/or cropping
pattern is permissible and considered part of the amendment.
18 July 23, 2024
AWI820138
• The addition of winter crops and/or interseeded perennial crops are considered amendments to an existing
CAWMP when the operation does not require additional acreage and/or crops for N utilization and does not
exceed the 25% criteria stated above.
• Inclusions of emergency action plans, and insect, odor and mortality checklists are considered CAWMP
amendments.
• Including additional acreage for land application beyond what is required in the existing CAWMP is considered
a plan amendment.
Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the
following conditions are met:
a. animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained
for a total of forty-five (45) days or more in any twelve (12) month period, and
b. crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing
season over any portion of the lot or facility. Two or more animal feeding operations under common
ownership are considered to be a single animal feeding operation if they adjoin each other, or if they
use a common area or system for the disposal of wastes. — [G.S. §143-215. ]OBJ
Animal Waste means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter, or other
materials from an animal operation. — [G.S. §143-21 S. IOB(2)]
Certification means technical specialist certification of the CAWMP in accordance with the requirements of 15A
NCAC 02T .1304.
Discharge is defined by G.S. §143-213, which states, "Whenever reference is made in this Article to "discharge"
or the "discharge of waste," it shall be interpreted to include discharge, spillage, leakage, pumping, placement,
emptying, or dumping into waters of the State, or into any unified sewer system or arrangement for sewage
disposal, which system or arrangement in turn discharges the waste into waters of the State. A reference to
"discharge" or "discharge of waste" shall not be interpreted to include "emission" as defined in Subdivision (12)
of this Section." — [G.S. §143-213(9)]
Ditch means any man-made channel for the purpose of moving water off a site to the surface waters. — [15A
NCAC 02T T. 0108(b)]
Excessive Ponding means any area of the application field where visible liquid waste is ponded on the surface of
the land application site more than four (4) hours following the application of waste. Excessive ponding also
means any areas where the ponding of waste has resulted in crop failure. — [15A NCAC 02T . 0108(b)]
Expansion means an increase in the permitted steady state live weight associated with the animal waste
management system. — [15A NCAC 02T .1302(4)]
Facility means an animal feeding operation including confinement areas, waste collection areas, and treatment
works associated with the animal feeding operations. — [15A NCAC 02T . 0108(b)]
Groundwaters means any subsurface waters, as defined in 15A NCAC 2L .0102.
19 July 23, 2024
AWI820138
Land application area means the areas used for the application of animal wastewater or waste solids. — [15A
NCAC 02T . 0108(b)]
Land application means the application of wastewater and/or waste solids onto or incorporation into the soil. —
[15A NCAC 02T .0108(b)]
Major changes to the CAWMP means changes in the number of animals, type of operation (feeder to finish to
wean to feeder), retrofit of a lagoon, installation of a new irrigation system, and similar type changes. — [15A NCAC
02T . 0108(b) and. 1304(b)]
Revision to the CAWMP means a change to an entire CAWMP to meet current applicable standards. For an existing
CAWMP, a change in crops and/or cropping pattern that utilizes more than 25% of the N generated by the operation
is considered a plan revision. — [15A NCAC 02T .0108(b) and .1304(b)J
State Waters means all waters as defined in G.S. § 143-212(6).
Surface Waters means all waters as defined in G.S. § 143-212 except underground waters. — [15A NCAC
02T .0103(41)]
Waste means animal waste. — [G.S. §143-215.1OB(2)]
Wetlands are "waters" as defined by G.S. §143-212 and are areas that are inundated or saturated by an
accumulation of surface or ground water as defined in 15A NCAC 2B .0202. — [15A NCAC 02T .0103(46)]
Permit issued this the 17th day of July 2024
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
;C.'U....
gned by:
mt,SL
KE�nrn
Ramesh Ravella
Supervisor, Animal Feeding Operations
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit No. AWI820138
20 July 23, 2024