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HomeMy WebLinkAbout820312_Application - Permit Mod_20240419To: Christine Lawson Program Manager Animal Feeding Operations Program Department of Environmental Quality Raleigh, NC 5 April 2024 Top Hog (Delway 23-1, 23-2, 23-3, 23-4) Request for modification - Certificate of Coverage No. AWS920312 Dear Christine, 382 Pig Cradle Lane, Clinton NC, 28328 We request a modification of the permit to operate the Swine Waste Collection, Treatment, Storage and Application System for Top Hog (Delway 23-1, 23-2, 23-3, 23-4) —covered by Certificate of Coverage No. AW5820312. We have agreed to lease this farm to Phinite Inc. for the purposes of constructing and operating a regional sludge drying facility. For the duration of the lease, we will not place hogs at this farm and the farm Nutrient Utilisation Plan will be utilized to dispose of rainwater that accumulates in the lagoon. Details and siting information are attached. Approval is requested under Section 1-10 of the North Carolina Swine Farm General Permit. Warm regards, Jimmie MtLamb Scanned with CamScanner Phosphorus is a finite resource. Let's make it renewable. Phinite Sludge Drying System — Approval Checklist phini(e Name of farm owner James McLamb Farm Name Top Hog (Delway 23-1, 23-2, 23-3, 23-4) Farm AWS # AWS820312 Farm address 2002 Rogers Mill Rd, Magnolia, NC, 28328 County of project location Sampson Date of request 5 April 2024 Project meets "deemed QLs permitted criteria" No Project Activity Details: A sludge drying facility will be constructed consisting of several Phinite sludge dryers, each containing a concrete floor, greenhouse and robot mixing system. Hog lagoon sludge will be dried within the greenhouses. Dry product will then be transferred to a permitted facility for sale. Records of sludge received by the facility, and transfer of dried product will be kept. Project Specifics: Project activity conducted under a roof Yes No Project activity conducted with an impermeable base &LYes..2 No Project not constructed in a floodzone. Yes No Project location: Location is >750 ft from Residence or Public Use Area? C-yesD No Exception required? C Yes No Statement of distances, minimum distance to: Distance (ft) Any public use area, church, picnic area, playground etc. >2,000 ft Residence or place of habitation other than the owner or tenant of owner. >2,000 ft Aerial site plan Included 1 Yes No 1 Including scale, N arrow, producers name, County, recorded setback distances for all pertinent structures a features (eg. Property lines, wells, streams, private residences etc.), location of planned installation. Waste Plan: Waste plan modification required? Yes No Scope of waste plan modification? a'or Revision Minor Revision Modified waste plan enclosed? Yes No Date of waste plan modification. April 2024 Technical Specialist who modified waste plan. Curtiss Barwick https://www.phinite-us.com V1.0 Phosphorus is a finite resource. Let's make it renewable. phini(M Phinite — McLamb Cluster Drying System Additional Description This project is located in a sprayfield on the Southern side of the property. The site will be levelled off and foundations constructed for the sludge dryers, which are oriented in an E-W orientation on the site. This project is exempt from requiring a stormwater permit or erosion control plan. However, rainwater runoff from the structures will be managed appropriately to prevent damage to the foundations of the concrete pads. Drainage will be constructed adjacent to each building to take runoff away, and will be routed to the drainage ditches on the property on the N, E and W sides. Culverts will be constructed where access roads cross the drainage paths on the end of the building. In reviewing the National Wetland Inventory database, an area designated as an intermittent stream was identified in the sprayfield in question. Upon physical site review, and through reviewing historical photographs, this feature was noted to be a drainage ditch constructed by the previous landowner. The current landowner had a Wetlands determination performed in 1996 and this determination shows that the field in question is "Exempt from Conservation Compliance Provisions" as it is considered Prior Converted. Please see attached: • FSA document showing the tract in question and the cropland in question that is noted as exempt. https://www.phinite-us.com WASTE UTILIZATION PLAN Monday, April 15, 2024 Producer: McL2mb Corp Farm Name: Top Hog 82-312 1243 Sunset Ave Clinton,NC 28328 Telephone # : (910) 592-1516 Type of Operation : Feeder to Finish Swine Number of Animals: 2400 hogs design capacity Application Method: Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and avaialable water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre -cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. Page 1 of 9 Scanned with CamScanner AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 2400 hogs X 1.9 tons wastelhogslyear = 4560 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 2400 hogs X 1.67 Ibs PAN/hogs/year = 4008 PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and suface application. TABLE 1 : ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LBS AW COMM ACRES LBS AW APPLIC. DETERMINING PHASE CODE N/ACRE N/ACRE USED TIME 4716 2 UTRYVILLE ALL -_� gH,�_ 5J 270.050i 15 4Q50.7S _MAR-SEP TOTALS. 4050.75 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 2 of 9 Scanned With CamScanner TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2.) There are no Acres Leased Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation * Acreage figures may exceed total acreage in field due to overseeding. **Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in TABLES 1 and 2 above: CROP CODE CROP UNITS LBS NIUNIT BH HYBRID BERMUDAGRASS-HAY __TONS _ _L 50 Page 3 of 9 Scanned with CamScanner TOTALS FROM TABLES AND 2 ACRES LBS AW N USED TABLE 1 1 S 4,051� TOTALS: is, 4,051 AMOUNT OF N PRODUCED: 4,008 ' BALANCE -43 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres show in each of the preceeding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 888 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. See the attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 5.92 months. In no instance should the volume of waste being stored in your structure be within 1.8 feet of the top of the dike. If surface irrigation is the method of land application for this plan, it is the responsiblity of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. APPLICATION APPLICATION TRACT FIELD SOIL TYPE CROP RATE (inlhr) AMT (Inches) _�AURVLLE4716 r BIi _ 0.60 1 * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. in many situations, the application amount shown cannot be applied because the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Page 4 of 9 Scanned with CamScanner NARRATIVE OF OPERATION This farm is no longer an active hog farm but still has a lagoon that must be maintained. This plan allows for the application of rainwater to the existing field on this farm. Sampling and recordkeeping must be performed as if the farm were still active. If irrigation is needed after the coastal bermuda window closes, small grain must be planted and may be fertilized at the rate of 50 lbs nitrogen/acre. Page 5 of 9 Scanned with CamScanner PLANS & SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to 'Buffers" required by DEM. (See FOTG Stantard 393 - Filter Strips and Standard 390 interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance.) '7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and to provide uniformity of application. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: the outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary and from anv perennial stream or river (other that an irrigation ditch or canal. Animal waste Page 6of9 Scanned with CamScanner other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those owned by the landownwer. 14. Waste shall be applied in a manner not to reach other property and public right - of ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted croplands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. *16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. "17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). if needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. *18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. *19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied as a preemergence with no other applications of animal waste during the crop season. *21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume fpr waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production amd maintained. Soil and waste analysis records shall be kept for five (5) years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina Department of Agriculture regulations. " Liquid Systems Page 7of9 Scanned With CamScanner NAME OF FARM: Top Hog 82-312 OWNER / MANAGER AGREEMENT (we) understand and will follow and implement the specifications and the operation and maintenance precedures estalished in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to DEM before the new animals are stocked. I (we) understand that I must own or have acces to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACF=Ci M Lamb SIGNATUR % DATE: NAME OF different from owner): please print SIGNATURE: DATE: NAME OF TECHNICAL. SPECIALIST: Curtis Barwick AFFILIATION: Barwick Ag Services ADDRESS (AGENCY): 103 Country Club Circle Clinton, NC 28328 (910) 385-100 SIGNATURE: DATE: Page 9 of 9 Scanned with CamScanner USDA United States Department of Sampson County, North Carolina Farm 19575 Tract 4716 2024 Program Year CLU Acres HE Crop 1 10.52 HEL 2 17.08 HEL 3 51.28 HEL Noncrc land 4 0.11 UHEL Noncro land Page Cropland Total: 27.6 acres Map Created January 09, 2024 Base Image Layer flown in 2022 common Land Unit Cropland Non -Cropland oTract Boundary Wetland Determination Identifiers • Restricted Use V Limited Restrictions 0 Exempt from Conservation Compliance Provisions tucer and/or the NAIP imagery, The producer accepts the data'as Is' and assumes all risks associated with its use. The USDA Farm Service Agency assumes no responsibility for actual or consequential damage incurred as a result of any users reliance on this data outside FSA Programs. Wetland identifiers do not represent the size. shape, or specific dean ination of the area. Rater to your original determination (CPA-026 and attached maps) for exact boundaries and detenn nations or c°ntaa NRCS. ■n ■u ■0 ■o -1H fall J 1 1 2 3 4 15 16 RevNol Revision note I Date lilgatur4Checked H Itemref Quantity Title/Name, designation, material, dimension etc Article No./Reference H Designed by Checked by Approved by - date Filename Date Scale XXX XXX XXX - 00/00/00 XXX 00/00/00 1:1 XXX XXX Edition I Sheet X 0 1/1 1 2 3 4 5 6 71 1 1 1 1 1 10 1 11 1 12 1 13 14 15 1 16 Nearest Offsite Building Direction Proposed Buildings Project Footprint QProperty Boundary Siting Map 2004 Rogers Mill Road Taylors Bridge Township, NC N 0 250 500 ft JIM Flood Hazard Area (FEMA) - Wetlands (NWI) Source: Bing Aerial, Sampson Co. Property Appraiser, USFWS, FEMA USDA United States Department of Sampson County, North Carolina Farm 19575 Tract 4716 2024 Program Year CLU Acres HE Crop 1 10.52 HEL 2 17.08 HEL 3 51.28 HEL Noncrc land 4 0.11 UHEL Noncro land Page Cropland Total: 27.6 acres Map Created January 09, 2024 Base Image Layer flown in 2022 common Land Unit Cropland Non -Cropland oTract Boundary Wetland Determination Identifiers • Restricted Use V Limited Restrictions 0 Exempt from Conservation Compliance Provisions tucer and/or the NAIP imagery, The producer accepts the data'as Is' and assumes all risks associated with its use. The USDA Farm Service Agency assumes no responsibility for actual or consequential damage incurred as a result of any users reliance on this data outside FSA Programs. Wetland identifiers do not represent the size. shape, or specific dean ination of the area. Rater to your original determination (CPA-026 and attached maps) for exact boundaries and detenn nations or c°ntaa NRCS.