WQ0013403_Final Permit_19970321

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 21, 1997
Rex B. Sasser, Superintendent
N.C. Department of Agriculture
Cherry Farm Unit
Box 33 Cherry Hospital
Goldsboro, NC 27530
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Subject: Permit No. WQ0013403
N.C. Department of Agriculture
Cherry Farm Unit
Cattle Waste Application System
Wayne County
Dear Mr. Sasser:
In accordance with your application received January 27, 1997, we are forwarding herewith Permit
No. WQ0013403, dated March 21, 1997, to N.C. Department of Agriculture authorizing the operation of
an animal waste collection, treatment, storage and land application system in accordance with this permit
and the farm's certified animal waste management plan.
This permit shall be effective from the date of issuance until February 28, 2002, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements in this permit. 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 actual
increase in either flow or number of animals.
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, P.O. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. if you need additional
information concerning this matter, please contact AndrewM,,Oakley at [phone] extension 533.
Sincerely,
A. Preston kward, Jr., P.E,
cc: Wayne County Health Department
Elmer F. Wiggins, P.E.; Division of Research Services,NCDA
Washington Regional Office, Water Quality Section
Washington Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Training and Certification Unit
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
ANIMAL WASTE OPERATION 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
N.C. Department of Agriculture
Wayne County
FOR THE
construction and operation of a 1,076 GPD spray irrigation treatment and disposal facility consisting of
10,000 gallon pump tank with 7 days of storage and 32.23 acres of sprayfield to serve 160 dairy cows at
the Cherry Farm Unit, with no discharge of wastes to the surface waters, pursuant to the application
received January 27, 1997, and in conformity with the project plan, specifications, and other supporting
data subsequently filed and approved by the Department of Environment, Health and Natural Resources
and considered a part of this permit.
This permit shall be effective from the date of issuance until February 28, 2002 and shall be subject
to the following specified conditions and limitations:
I , PERFORMANCE STANDARDS
1. The animal waste collection, treatment, storage and transmission 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.
2. A copy of this permit, certification forms, and lessee and landowner agreements shall be
maintained at the farm 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.
3. For all new and expanding operations, no collection or storage facilities may be constructed
which could be inundated by a 100 year flood. In addition to protection from inundation,
the facility shall be designed in order to minimize potential harm to or within the floodplain.
4. Upon completion of construction and prior to operation of this permitted facility, a
certification must be received from a professional engineer certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting materials. Mail the Certification to the Water Quality
Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535.

5. The Washington Regional Office, telephone number [phone], shall be notified at
least forty-eight (48) hours in advance of operation of the installed facilities so that an in-
place inspection can be made. Such notification to the regional supervisor shall be made
during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays.
6. The spray irrigation facilities shall be effectively maintained and operated at all times so that
there is no discharge to the surface waters, nor any contamination of ground waters which
will render them unsatisfactory for normal use. In the event that the facilities fail 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 of Water
Quality, such as the construction of additional or replacement wastewater treatment and
disposal facilities.
7. The following buffers shall be maintained:
a) 400 feet between wetted area and any residence or places of public assembly under
separate ownership,
b) 150 feet between wetted area and property lines,
c) 100 feet between wetted area and wells,
d) 100 feet between wetted area and drainageways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between wastewater treatment units and wells, and
g) 50 feet between wastewater treatment units and property lines.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The collection, treatment, and storage facilities, and land application equipment and sites
shall be properly maintained and operated at all times.
2. A suitable vegetative cover shall be maintained on all land application sites and buffers in
accordance with the permit.
The following are approved sites for animal waste application (see attached map(s)):
Application Area [acres]
Field No. OwnerlLes ee excludin buffers
9P NCDA-Cherry Farm Unit 22.53
10P NCDA-Cherry Farm Unit 9.7
4. An acceptable pH of the soil shall be maintained on all land application sites to insure
optimum yield for the crop(s) being grown.
5. The Plant Available Nitrogen application rates and hydraulic loading rates shall not be
exceeded.
2

6. Application of animal waste onto land which is used to grow crops for direct human
consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur
within 30 days prior to or during the planting of the crop or at any time during the growing
season, or in the case of fruit bearing trees, 30 days prior to breaking dormancy.
Application of animal wastes shall not occur within 30 days of the harvesting of fiber and
food crops for direct human consumption that undergo further processing. If waste is to be
applied on bare soil, the waste shall be incorporated into the soil within twenty-four (24)
hours after application on the land.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment, storage and transmission system.
Washdown of stock trailers, owned by and used to transport animals from this farm only,
will be permissible as long as system design accommodates the additional flow and as long
as only those detergents and disinfectants are utilized which are labeled by the manufacturer
as readily biodegradable.
8. Disposal of dead animals shall be done in accordance with the North Carolina Department
of Agriculture (NCDA) Veterinary Division's regulations.
9. Grazing animals on an application site shall be controlled in accordance with Natural
Resources Conservation Service (MRCS) Standards.
10. All uncontaminated stormwater runoff from the surrounding property and buildings shall
be diverted away from the animal waste lagoons and storage ponds to prevent any
unnecessary addition to the liquid volume in the structures.
11. A protective vegetative cover shall be established on all disturbed areas (lagoon
embankments, berms, pipe runs, erosion control areas, etc.) Emerging vegetation such as
trees, shrubs, and other woody species shall not be allowed to grow on the lagoon dikes or
sideslopes. Lagoon areas should be kept mowed and accessible.
12. Solid materials including, but not limited to, bottles, light bulbs, gloves, syringes or any
other solid waste from the animal waste operation shall be prevented from entering the
treatment/storage lagoon and shall be disposed of properly.
13. The facility must have at all times (a) adequate animal waste application and handling
equipment on site, (b) a lease for the use of the necessary equipment, (c.) a contract with a
third party applicator capable of providing adequate waste application, or (d) a contract for
the purchase of the equipment. In all cases, the equipment and any contractor must be
capable of land applying the waste in compliance with both the agronomic and hydraulic
loading rates for the sites.
14. No traffic or equipment shall be allowed on the disposal area except while installation
occurs or while normal maintenance is being performed.
III. MONITORING AND REPORTING REQUIREMENTS
1. Adequate records shall be maintained by the Permittee tracking the amount of wastewater
disposed. These records shall include, but are not necessarily limited to, the following
information:
a. date of irrigation,
b. volume of wastewater irrigated,
c. field irrigated,
d. length of time field is irrigated.

2. Waste collection, treatment, storage and transmission structures (i.e. piping, pumps, reels,
etc.), under the control of the owner/operator shall be inspected weekly. Lagoon berms,
storage ponds, and structures should be inspected for evidence of erosion, leakage, animal
damage or discharge. A written chronological record of maintenance and repairs shall be
maintained on the farm and be made readily available during a scheduled inspection of the
farm. These records shall also be made available at the request of the Division. All repairs
shall be approved by a technical specialist prior to initiation and completed promptly. If a
piece of equipment is being replaced with a piece of equipment of the identical
specifications, no technical specialist approval is necessary [i.e. piping, reels, valves,
pumps (if the GPM capacity is not being increased or decreased), etc.]. Any major
structural repairs (to lagoons or waste storage ponds) shall have the approval of a technical
specialist.
3. If not already installed at this facility, a level gauge shall be installed within 60 days of
issuance of this permit to monitor waste levels. This gauge shall have readily visible
permanent markings indicating the maximum lagoon levels at which pump -out must begin,
end of pump -out, and freeboard elevations. Where storage ponds are utilized, only a gauge
with visible permanent markings indicating the pump -out begin and freeboard elevations
need be installed. Caution must be taken not to damage the integrity of the liner when
installing the gauge. Waste lagoon and storage pond levels shall be recorded weekly.
4. A representative Standard Soil Fertility Analysis shall be conducted annually on each
application site receiving animal waste. The results of these tests shall be maintained on file
by the Permittee for a minimum of three years and shall be made available to the DWQ
upon request.
5. An analysis of the liquid animal waste from the lagoon shall be conducted initially after
issuance of the permit and thereafter as close to the time of each waste application as
practical. This test shall be conducted as close to the time of application as practical and at
least within 60 days Lbefore or after) of the date of application. This analysis shall include
the following parameters:
Nitrogen Zinc
Phosphorous Copper
6. Proper records, including maintenance, repair and irrigation records, shall be maintained on
site and in chronological and legible form for a minimum of three years by the Permittee.
These records shall be maintained on forms provided by the DWQ and shall be readily
available for inspection.
7. Regional Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone
number [phone], as soon as possible, but in no case more than 24 hours following
fust knowledge of the occurrence of any of the following events:
a. Failure of any component of the animal waste collection, treatment, storage and land
application system resulting in a discharge to surface waters.
b. Any failure of the animal waste treatment and disposal program that renders the facility
incapable of adequately receiving, treating or storing the animal waste and/or sludge.
c. Spillage or discharge from a vehicle or piping system transporting animal waste or
sludge to the application sites which results in, or may result in, a discharge to surface
waters.
d. Any deterioration or leak in a lagoon system or storage pond that poses an immediate
threat to the environment.
e. Failure to maintain adequate storage capacity in a lagoon or storage pond that poses an
immediate threat to public health or the environment.
f. Overspraying animal waste where runoff enters waters of the State.
g. Any discharge that bypasses a lagoon system or storage pond.
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For any emergency which 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 of the occurrence in letter form within 5 days
following first knowledge of the occurrence, unless waived by the Regional Office. 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.
I V . GROUNDWATER REQUIREMENTS
1. The Groundwater Compliance Boundary for the disposal system constructed after
December 31, 1983, is established at either (1) 250 feet from the waste structures and from
the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to
the waste structures and the waste disposal area. If this facility was constructed prior to
December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from
the waste disposal area, or (2) at the property boundary, whichever is closest to the waste
disposal area. An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to immediate remediation action in addition to the penalty
provisions applicable under the North Carolina General Statutes.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V . INSPECTIONS
The Permittee or his designee shall inspect the wastewater treatment and disposal facilities
to prevent malfunctions and deterioration, operator errors and discharges which may cause
or lead to the release of wastes to the environment, a threat to human health, or a nuisance.
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 maintained by the Permittee for a period
of three years from the date of the inspection and shall be made available upon request to
the Division of Water Quality or other permitting authority.
2. Any duly authorized officer, employee, or representative of the Division of Water Quality
may, upon presentation of credentials, enter and inspect any property, premises or place on
or related to the disposal site or facility at any reasonable time for the purpose of
determining compliance with this permit, may inspect or copy any records that must be
maintained under the terms and conditions of this permit, and may obtain samples of
groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface waters or ground waters resulting from the operation of this program.
2. The Permittee shall designate and employ a certified animal waste management system
operator to be in charge (OIC) of the animal waste management system. No animal waste
management system shall be operated unless supervised by the OIC.
5

3. Upon reasonable cause to believe that any activities conducted pursuant to this permit may
cause or contribute any waste, directly or indirectly, to be intermixed with the waters of the
State, the DWQ may require any monitoring (including but not limited to groundwater,
surface water, sludge, soil and plant tissue) necessary to determine the source, quantity,
quality, and effect of such waste upon the waters of the State. Such monitoring, including
its scope, frequency, duration and any sampling; testing, and reporting systems, shall meet
all applicable Commission requirements. "Reasonable Cause" may be based on the
findings of a related Federal, State, Commission or DEHNR authorized study or report, or
on showing that violations of State water quality or other applicable environmental
standards have occurred or may occur.
4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the DWQ in accordance with North Carolina General
Statutes and may include the requirement to obtain an individual animal waste operation
permit, the addition of treatment or storage units, or the addition of land application sites.
5. 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).
6. If animal production at the facility is to be suspended or terminated, the owner is
responsible for developing, implementing and completing a "closure plan" which will
eliminate the possibility of an illegal discharge, pollution, erosion, and the potential for
injury and shall be in accordance with NRCS lagoon closure standards in effect when the
closure plan is developed and implemented. Closure shall also include notifying the DWQ.
7. 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 this permit.
8. 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.
9. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
10. This permit is effective only with respect to the nature and volume of wastes described in
this permit for N.C. Department of Agriculture.
11. This permit is not automatically transferable. In the event there is a desire for the facilities
to change ownership, or there is a name change of the Permittee, a formal permit request
must be submitted to the Division of Water Quality 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.
12. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of the project.

13. 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
facilities 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.
Permit issued this the 21st day of March, 1997
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
� '4-A. Preston Howunid, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0013403

Permit No. WQ0013403
March 21, 1997
ENGINEER'S CERTIFICATION
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,
Project Name
Location
for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and
intent of this permit, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.