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HomeMy WebLinkAboutWQ0014247_Final Permit_20170228Water Resources ENVIRONMENTAL QUALITY February 28, 2017 KRAIG A. WESTERBEEK — VICE PRESIDENT MURPHY-BROWN LLC POST OFFICE Box 856 WARSAW, NORTH CAROLINA 28398 Dear Mr. Westerbeck: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Permit No. WQ0014247 Register Trailer Wash Facility Wastewater Irrigation System Duplin County In accordance with your permit renewal request received April 7, 2016, and subsequent additional information received January 18, 2017, we are forwarding herewith Permit No. WQ0014247 dated February 28, 2017, to Murphy -Brown LLC for the continued operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance until January 31, 2022, shall void Permit No. WQ0034987 issued April 21, 2014, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated April 21, 2014: ➢ Old Conditions II.3., IV.10. and W.11. — These conditions have been removed because there are no groundwater monitoring wells associated with this facility. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. --'_`"Nothing Comperes State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center j Raleigh, North Carolina 27699-1617 919-807-6332 Mr. Kraig A. Westerbeek February 28, 2017 Page 2 of 2 If you need additional information concerning this permit, please contact Alice M. Wessner at (919) 807-6425 or alice.wessner c@ncdenr. og_v. Sincerely, S. Jay Zimmerman, P.G., Director Division of Water Resources cc: Duplin County Health Department, Ila Davis, Director, iladnduplincounbMc.com (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Kevin Weston — Murphy -Brown LLC (kweston e,smithfield.com) (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION 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 Murphy -Brown LLC Duplin County FOR THE continued operation of an 8,760,000 gallon per year wastewater treatment and irrigation facility consisting of a three -stage wash process using recycled water and fresh water; an outside drain pad; an enclosed wash pad; a combination grit chamber and oil -water separation unit; a 400 gallon per minute (GPM) pump station with duplex pumps and high water alarms; 700 linear feet (LF) of 6-inch force main; a 2,228,000 gallon first stage lined lagoon; a 2,300,000 gallon second stage lined lagoon, an irrigation pump station; approximately 31.28 acres of spray irrigation area; and all associated piping, valves, controls, and appurtenances; to serve the Register Trailer Wash Facility with no discharge of wastes to the surface waters, pursuant to the application received April 7, 2016, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until January 31, 2022, shall void Permit No. WQ0014247 issued April 21, 2014, and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)] WQ0014247 Version 4.0 Shell Version 151201 Page 1 of 8 if. PERFORMANCE STANDARDS The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities. [G. S. 143- 215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100] 3. Effluent quality shall not exceed the limitations specified in Attachment A. The flow limit shall be based on a 12-month floating total. [15A NCAC 02T .0108(b)(1), 02T A505(b)] 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 6. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .0108] 7. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [ 15A NCAC 02L .0107(c)] 8. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 9. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Duplin County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] WQ0014247 Version 4.0 She]] Version 151201 Page 2 of 8 10. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400 ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 150 v. Public right of way: 50 z Per setback waivers recorded in the Duplin County Register of Deeds, setbacks from the wetted area to any property line has been reduced for the following: PIN Parcel No. Deed Book / Page Setback Easement 341000116394 09-3657 1840 / 840 0 feet 150 feet 3410002125290 09-6020 1840 / 844 0 feet 150 feet 341000012144 09-619 1840 / 848 0 feet 150 feet 331900093130 09-5927 1840 / 848 0 feet 150 feet [I5A NCAC 02H .02190)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 [15A NCAC 02H .02190)] III. OPERATION AND MAINTENANCE REQUIREMENTS The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [ 15A NCAC 02T .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02T ,0117] 3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] WQ0014247 Version 4.0 Shell Version 151201 Page 3 of 8 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no Iess than five years, and shall be made available to the Division upon request. [ 15A NCAC 02T .0108(b)(1)] 7. Only effluent from the Register Trailer Wash, the Rosemary Garage Wash Bay and the Bladenboro Garage Wash Bay shall be irrigated on the sites listed in Attachment B. [G.S. 143-215.1] 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [ 15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .05050)] 12. Freeboard in the 2,228,000 gallon first stage lined lagoon and the 2,300,000 gallon second stage lined lagoon shall not be less than two feet at anytime. [15A NCAC 02T .0505(d)] 13. Gauges to monitor waste levels in the 2,228,000 gallon first stage lined lagoon and the 2,300,000 gallon second stage lined lagoon shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [ 15A NCAC 02T .0108(b)(1)] 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [I 5A NCAC 02T .0108(b)(1)] 15. Soil pH on all irrigation fields must be maintained in the optimum range for crop production. [15A NCAC 02T .0108(b)(1)] 16. Results of The North Carolina Department of Agriculture, Agronomic Division's Waste Analysis Report shall be used in the monitoring and the proper management of the cover crops of the permitted application sites. The analysis shall also be used as an indicator to prevent any damage to the soil's ability to absorb the subject wastewater or nutrients. [I5A NCAC 02T .0108(b)(1)] 17. The attached Waste Utilization Plan (WUP) is hereby incorporated by reference into this permit. Any modifications to the WUP, including changes to the cropping plan, shall require submittal of the revised WUP to the Wilmington Regional Office and Central Office but may not require permit modification. [I5A NCAC 02T .0108(b)(1)] 18. Only those cleaning agents and soaps that are EPA approved, will not harm the cover crop, and will not contravene the groundwater standards listed in 15A NCAC 02L may be utilized in the subject facility. Instruction labels are to be followed when using cleaning agents and soaps. [15A NCAC 02T .0108(b)(1)] 19. Engine and engine parts shall not be washed or rinsed in the wastewater system. Oil drained from the engine crankcases, antifreeze, or degreasing solvent wastes shall not be discharged into the wastewater system. [ 15A NCAC 02T .0108(b)(1)] WQ0014247 Version 4.0 Shell Version 151201 Page 4 of 8 IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. Results for ammonia and nitrate that are part of the North Carolina Department of Agriculture, Agronomic Division's Waste Analysis may also be submitted. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily average flow values shall be reported on Form NDMR. plows transferred from the Rosemary Garage and Bladenboro Garage Wash Bays shall be included and reported on Form NDMR. Flow may be estimated from water use records, provided the Permittee's water use is metered. Daily average flow values shall be calculated by dividing the monthly metered water usage by the number of days in the month. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous monthly and year-to-date loadings for all parameters specifically limited in Attachment B; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; h. Cover crop; and i. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 2,228,000 gallon first stage lined lagoon and the 2,300,000 gallon second stage lined lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IV.4.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1, and NDMLR for every site in Attachment B shall be submitted on or before the last day of the following month. NDMLR data shall include cover crop type and PAN loading for each month as well as cumulative PAN loading for the year. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] WQ0014247 Version 4.0 Shell Version 151201 Page 5 of 8 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler.- b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [I5A NCAC 02T .0108(b)(1)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0108(b)(1)] 10. A representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B at a minimum of every three years. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation. (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [15A NCAC 02T .0108(c)] 11. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] WQ0014247 Version 4.0 Shell Version 151201 Page 6 of 8 V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0108(b)] 2. The Permittec or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions ofthis permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T A 105(n). [G.S. 143-21.5.1 ] 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [ 15A NCAC 02T ,0108(b)(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .01050)] WQ0014247 Version 4.0 ShelI Version 151201 Page 7 of 8 8. This permit is subject to revocation or unilateral modification upon 60 days' notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [ I SA NCAC 02T .0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [I 5A NCAC 02T .0105(e)(3)] Permit issued this the 28' day of February 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION O S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0014247 WQ0014247 Version 4.0 Shell Version 151201 Page 8 of 8 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— WWTF Effluent Permit Number: WQ0014247 Version: 4.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average 12 Month Floating Total Daily Minimum Daily Maximum Measurement Frequency 1 Sample Type 50050 Flow, in conduit or thru treatment plant Gallons 8,760,000 Monthly Estimate 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year 2 Grab 00625 Nitrogen, Kjeldahl Total (as N) mg/L 3 x Year 2 Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 3 x Year 2 Grab 00400 pH su 3 x Year 2 Grab 00665 Phosphorous, Total (as P) In 3 x Year 2 Grab North Carolina Department of Agriculture, A ronomic Division's Waste Analysis Report Various 3 x Year 2,1 Grab 1. Animal truck wash facilities are exempt from the Non -Discharge Effluent Monitoring Guidelines. 2. 3 x Year sampling shall be conducted in March, July and November. 3. North Carolina Department of Agriculture, Agronomic Division's Waste Analysis Report information can be found at: http://www.ncagr.gpv/agronomifuyrwaste.htm. Only results for parameters specifically listed in this attachment need be reported on Form NDMR per condition IV.7. The monitoring results shall be used in the monitoring and proper management of the cover crops of the permitted application sites. The monitoring results shall also be used as an indicator to prevent any damage to the soil's ability to absorb the subject wastewater or nutrients. WQ0014247 Version 4.0 Attachment A Page 1 of 1 THIS PAGE BLANK WQ0014247 Version 4.0 Attachment B Page 1 of 1 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Murphy -Brown LLC — Register Trailer Wash Facility Permit Number: WQ0014247 Version: 4.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner Count y Latitude Longitude g Net Dominant Parameter Hourly Yearly Units Acreage Soil Series Rate Max 1 Murphy Milling Co.' Duplin 34.8489490 -78.9612010 8.12 Autryville 01284 --Non-Discharge Application Rate 0.41 11.1 inches WQ09 - Plant Available Nitrogen I Ibs/acre 2 Square One Farms, LLC s Duplin 34.8482100 -77.963948° 12.8 Autryville 01284 —Non-Discharge Application Rate 0.41 11.1 inches WQ09 - Plant Available Nitrogen Ibs/acre 3 Square One Farms, LLC s Duplin 34.8466400 -77.9667070 10.36 Woodington 01284 — Non -Discharge Application Rate 0.41 11.1 inches WQ09 - Plant Available Nitrogen lbs/acre Totals 31.28 1. PAN application rates shall be reported lbslacre applied for the month and application rates shall be in accordance with the approved Waste Utilization Plan per condition I11.17. 2_ Murphy -Brown LLC has a lease agreement with Murphy Milling Co. for use of Field 1 (Lease Agreement attached). 3. Murphy -Brown LLC has a lease agreement with Square One Farms, I.LC for use of Fields 2 and 3 (Lease Agreement attached). WQ0014247 Version 4.0 Attachment B Page l of 1 Register -Truck Wash Spray Fields Scale: 1 "=400' mD S*wm Y ftm Ift"eae Reid #d Total Field - 12.80 Ac. (Less Setboeka) V�{eat stwak he" t"'AeIr ohs Field Mt Toad Field r 8.12 A (Lass Setbacks) i A G4 FJ r,Q Q g I NORTH CAROLINA r ' omCDEQIDWR SEP262016 Non -Discharge Permitting Unit DUPLIN COUNTY LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "Agreement"), entered into this the Iq day of 1_- tee t r 2011, executed by and between WENDELL H. MURPHY, JR. and MURPHY MILLING CO., INC., each with a mailing address of P.O. Box 1139, Wallace, North Carolina (collectively, "Lessor"), and Murphy -Brown, LLC, with a mailing address of2822 Highway 24 West, Warsaw, North Carolina (hereinafter `"Tenant"); WITN ESSETH: For and in consideration of the mutual covenants and promises herein contained, Lessor and Tenant agree as follows: I. Premises. Lessor hereby agrees to lease to Tenant and Tennant hereby agrees to lease from Lessor certain tracts or parcels of land located in the County of Duplin, State of North Carolina ("Property"), as more particularly described in Exhibit A attached hereto and by this reference incorporated herein. 2. Use of the Property. The Property shall be used by Tenant for agricultural uses, including the washing of over the road equipment. No other use of the Property sliall be made by Tenant without the written consent of Lessor. 3. Term and Effective Date. The Property is hereby leased for a term beginning on, 'IxL_,. tj , 2011 ("Commencement Date") and ending at midnight on the tenth (10th) anniversary of the Commencement Date, unless the Term shall sooner terminate as provided in this Agreement. Upon termination of the Agreement, Tenant shall promptly close any existing lagoons on the property in accordance with applicable law, and the termination will not be effective until this requirement has 2 1 been inet. 4. Rent. Tenant hereby agrees to pay rent on or before the Commencement Date in the amount of $1.00 per year, paid in advance, beginning on the Commencement Date. 5. Condition of the Property_. Tenant has inspected the Property and is familiar with the physical condition thereof ant] has received the Property in good order and condition and agrees that the Property complies in all respects to the requirements of this Agreement. Lessor makes no representation or warranty with respect to the condition of the Property or its fitness or availability for any particular use, and Lessor shall not be liable for any latent or patent dcfect there in. Tenant will not do or permit any act or thing which is contrary to any legal or insurance requirements, or which might impair the value or usefulness of the Property or any part thereof, or which constitutes a public or private nuisance or waste. This Agreement shall be subject to any existing rights of others, including but not limited to, easements, rights of way, water rights, mineral rights, oil and gas leases and restrictions on use of the Property. 6. Ekympnt of Taxes and Utilities. Taxes on the Property shall be paid by Lessor, except that Lessee shall pay taxes assessed on the Improvements (defined below). Lessee shall pay the utilities (gas, telephone, electricity, water) associated with its use of the Improvements. 7. Repairs and improvements to the PTenant at its expense shall repair, maintain, and keep the Property and all existing Improvements thereon in substantially the same condition as such items were on the Commencement Date. "Improvements" shall mean the office, shop and truck wash and shall not include the grain storage facility utilized by Lessor. 8, Mortgage, Assignment or Sublease. Tenant shall not sublet the Property or any part thereof, or assign this Agreement in whole or in part or in any way encumber this Agreement or the Property without Lessor's prior written consent. Lessor may assign this Agreement in whole or in part and shaft thereupon be released of all duties and obligations under this Agreement, 9. Access. Lessor, or its authorized representatives, shall have the right, but not the obligation, to enter upon the Property at any time for inspection or other purposes. 10. Legal Requirements. Tenant at its expense will promptly and diligently (a) comply with all legal requirements pertaining to the operation of the Property and the fanning thereof, (b) procure, maintain and comply with all permits, licenses, franchises and other authorizations required for the use of the Property contemplated hereby. The term "legal requirements" shall include all laws, statutes, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions, and requirements of all governments, departments, commissions, boards, courts, authorities, agencies, officials and officers, which now or at any time hereafter may be applicable to the operation of the Property and the farming thereof, including but not limited to, full compliance with such government A.S.C,S. programs as may be approved by Lessor. 11. Condemnation. In the event of a taking by condemnation, eminent domain or other legal proceedings, of the entire Property, this Agreement shall terminate as of the date of such taking, and the award shall be payable to Lessor. A partial taking which makes it economically unfeasible to continue a farming operation on the remaining acreage shall be considered a total taking and covered by the preceding sentence. In the event of partial taking, leaving a unit of economical farming size, this Agreement shall continue in full force and effect on the remaining acreage, with proportionate 2 reduction in rent, with any condemnation award to be paid to Lessor. Any award for growing crops shall be to Tenant subject to the fulfillment of Tenant's obligations to Lessor. 12. Inden-mification. Tenant will protect, indemnify and hold harmless lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation, attorneys' fees and expenses) arising from injury to person or property sustained by anyone in and about the Property and resulting from Tenant's use or operation of the Property, including but not limited to, any act or omission of Tenant, or Tenant's officers, agents, servants, and employees. The obligations of Tenant under this section shall survive any termination of this Agreement. 13. Insurance. Not later than the Commencement Date, and during the term of this Agreement or any renewals thereof, Tenant shall, at no expense to the Lessor, carry and keep in force during the term of this Agreement, general liability insurance (including any applicable program of self-insurance) for personal injury and property darnage liability. Such insurance shall provide for property damage liability coverage of at least $100,000 and personal injury coverage of at least $1,000,000 for each occurrence and in the aggregate. 14. Waste and Protection. Tenant shall not commit or permit waste or strip and shall supervise the Property at all times, and shall exercise its best efforts to prevent theft, vandalism and other damage. 15. Defaults, Termination, Reppssession and Reletting. Any one or more of the following events shall constitute an event of default ("Event of Default") under this Agreement: (a) if Tenant shall fail to pay any rent (whether the same be money, crop share or commodity) when and as the same becomes due and payable; or (b) if Tenant shall fail to perform or comply with any of the other terms of this Agreement, and such failure shall continue for more than ten days after notice thereof from Lessor, and Tenant shall not within such period commence with due diligence and dispatch the curing of such default; or (c) if Tenant shall make a general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankruptcy or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, Iaw or regulation, or shall file an answer admitting or shall fail reasonably to contest the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any material part of its property; or (d) if, within 90 days after the commencement of any proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within 90 days after the appointment without the consent or acquiescence of Tenant, of any trustee, receiver or liquidator of Tenant or of any material part of its properties, such appointment shall not have been vacated; or (e) if a final judgment for the payment of money shall be rendered against Tenant and, within 60 days after the entry thereof, such judgment shall not have been discharged or execution thereof stayed pending appeal, or if, within 60 days after the expiration of any such stay, such judgment shall not have been discharged. Then, and in any such event, Lessor shall have the right (in addition to all other rights and remedies provided by law) to terminate this Agreement, or to re-enter and take possession of the Property, and to remove any property therein, without liability for damage to, and without obligation to store or return such property but may store the same and Tenant's expense. Upon an Event of Default, Lessor may give a written termination notice to Tenant, and on the date specified in such notice this Agreement shall terminate and the Agreement term shall expire and terminate by limitation and all rights of Tenant under this Agreement shall cease, unless before such date (1) all arrears of rent and all other sums payable by Tenant under the teen of this Agreement together with interest thereon at the highest lawful rate, not exceeding 12% per annum, and all costs and expenses (including, without limitation, attorneys' fees and expenses) incurred by or on behalf of Lessor hereunder, shall have been paid by Tenant, and (2) all other defaults at the time existing under this Agreement shall have been fully remedied to the satisfaction of Lessor, Tenant shall reimburse Lessor for all costs and expenses incurred by or on behalf of Lessor (including, without limitation, attorneys' fees and expenses) occasioned by any default by Tenant under this Agreement. 16. Survival of Tenant's obligations Damages. No expiration or termination of this Agreement or the term thereof pursuant to Section 15 or by operation of law, or otherwise, and no repossession of the Property or any part thereof pursuant to Section 15, or otherwise, shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such expiration, termination or repossession. 17. Environmental. (a) During the term of the Agreement or during any possession of the Property by Tenant prior to the commencement date (1) Tenant shall comply and cause the 4 Property to comply with all applicable Environmental Laws, and (2) Tenant shall not allow, permit or cause (i) the release or threat of release of any hazardous substances, hazardous wastes, toxic substances, controlled hazardous substances, hazardous materials, petroleum or petroleum products, pollutants or contaminants (as those terms are defined under Environmental Laws) in, on, under or from the Property, however Tenant shall not be liable for any such releases or threatened releases occurring prior to the Commencement Date; (ii) the installation or use of any underground storage tanks and only such above ground storage tanks or drums for used oil or other substances drained from Tenant's vehicles which tanks or drums are temporary in nature, have secondary containment and which are emptied and the contents disposed of off site in compliance with all applicable Environmental Laws every 90 days or earlier if required under applicable Environmental Laws; (iii) the use or storage of any degreaser except within a closed system and with the prior written consent of the Landlord, which may be withheld in Landlord's sole discretion, and in no event shall any dense non -aqueous phase liquids such as trichloroethene be permitted; (iv) the accumulation of tires, spent batteries, construction and demolition debris or any other solid waste, except for solid waste generated from Tenant's permitted operations on the Property and stored in containers for normal scheduled pickup and disposal off site in compliance with applicable laws, or (v) any other environmental condition with regard to the Property which could result in liability for an owner or operator of the Property. (b) The term "Environmental Laws" shall mean all environmental, health and safety laws, rules, regulations, ordinances, permits, orders or requirements of any governmental authority, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et. seq;,, as amended; Solid Waste Disposal Act, 42 U.S.C. §§ 6901, et. sew., as amended; Toxic Substances Control Act, 15 U.S.C. §§ 2601, et, sue,,, as amended; Hazardous Materials Transportation Act, 49 U.S.C. §§ S 101, et. sew , as amended; Federal Water Pollution Control Act, 33 U.S.C, §§ 1251, et. se4,. as amended. (c) Tenant shall indemnify and hold harmless Landlord, Landlord's officers, directors, stockholders, partners, employees and agents, and if Landlord is a trust, trustees and beneficiaries thereof (the "Indemnified Parties') from any and all liabilities (including strict liability), penalties, demands, actions, costs and expenses (including, without limitation, attorneys' fees, remedial and response costs and any continuing monitoring or closure costs) incurred or suffered by the Indemnified Parties, or asserted by any third party against the Indemnified Parties, due to the breach of Tenant's duties or obligations set forth in this Paragraph. This indemnification shall survive the expiration or earlier termination of this Agreement. 18. Waiver. No failure by Lessor or Tenant to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a default thereof, and no submission by Lessor or acceptance by Lessor of full or partial rent during the continuance of any such default, shall constitute a waiver of any such default or of any such term. No waiver of any default shall affect or alter this Agreement, which shall continue in full force and effect, or the respective rights of Lessor or Tenant with respect to any other than existing or subsequent default. 19, Notices. Any notices provided for herein shall be in writing and sent by registered or certified mail to the Lessor c/o Murphy Family Ventures, attn: WHM, Jr., at the address first written above to Tenant at the addresses first written above or at such other address as either party shall indicate in writing. 20. Time. Time is of the essence in the performance by Tenant of its agreements and obligations as provided by this Agreement. 21. End of Lease Term. Upon the expiration or other termination of the terms of this Agreement, Tenant shall immediately quit and surrender to Lessor the Property in good order and condition, ordinary wear and tear excepted, and shall remove all of Tenant's equipment. Tenant shall restore any damage to the Property caused by the removal of Tenant's equipment. Tenant will have permission to remove any and all irrigation equipment it has installed on the farm. No holding over shall be permitted without Lessor's prior written consent. 22. Entire Agreement. This Agreement represents the entire agreement between the parties and there are no agreements, promises, or representations between the parties except as set forth herein. 23. Successors and Assigns. Except as specifically provided herein, this Agreement shall be binding upon the parties hereto, and their respective heirs, legal representatives, successors and assigns, as the case may be. 24. Captions. The captions in this Agreement are included solely for the convenience of the parties and are not intended to affect any substantive rights of the parties hereto. 19 IN WITNESS WHEREOF, the patties have heret.urto set their hands and seals to this Agreement in the manner required by law, as of the clay and year first above written. LESSOR: MURPHY MILLING CO., INC. By: Nall, Title:. WENDELL H State of NORTH CAROLINA } )ss. County ofb*__ } "LIZA t KNOWLES NOTARY PUBLIC Duplin County North Carolina M Cornmiseian Ex ices , . 3, a013 TENANT: On this Vday of W04r , 20i1 personally appeared before ineUM010. N$who stated that (s)he is the of a corporation, and iliac the insirtunent was signed in behalf of the said corporation and acknowledged said instrument to be its voluntary act and deed. Before me: � 6A�,_4, 7w-6 a Notary P blic for North Carolina My Commission Expires: •313 MURPHY-BROWN LLC By:��'! PSI _ Name; (IV Title: p�►s+da✓v,�o'� ��eu�aw�i State of NORTH CAROLINA ) On this M day of C Le , 2(A1 , personally )ss, appeared before me CAP who o,�J_ 0ie S County of ��t } stated that (s)he is the 1)tu.o i &4_,J of C� rw,, a corporation, and that the tile�ninient was signed in behalf of the said 'y ration and acknowledged said instrument to be � _r /�� l s vglu�ntary act and deed. Before me: CJ } G 13 L� ltOy Public for North Carolina commission Expires: (OCj IS,. a4013 cotjo r"fillIlytti�► 7 EXHIBIT A [See the Attached Maps] c U. o , PF' � i t0.ax Iq f. i >. - V Q(\ • ' 4� I �J� IYf � �� ` 1�'. � U � Y� •� ��f.MF i p m �. iy 1rtrt1,, m F N `r m 1 n ti = x W n U it s tlA t!� t0 N ry I 19 N (i '1� U !� OI E