HomeMy WebLinkAboutWQ0014247_Final Permit_20170705Water Resources
ENVIRONMENTAL QUALITY
July 5, 2017
KRAIG A. WESTERBEEK— VICE PRESIDENT
MuRPHY-BROWN LLC
POST OFFICE BOX 856
WARSAw, NORTH CAROUNA 28398
Dear Mr. Westerbeek:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Permit No. W00014247
Register Trailer Wash Facility
Wastewater Irrigation System
Duplin County
In accordance with your permit minor modification request received June 12, 2017, we are
forwarding herewith Permit No. W00014247 dated July 5, 2017, to Murphy -Brown LLC for the continued
operation of the subject wastewater treatment and irrigation facilities.
The modification to the subject permit is the addition of Trans -load AgProtein facility as a source
of additional wastewater in Condition III.7.
This permit shall be effective from the date of issuance until January 31, 2022, shall void Permit
No. W00014247 issued February 28, 2017, 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.
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.
<" 7!-- Nothirtg Compares-�
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332
Mr. Kraig A. Westerbeek
July 5, 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@ncdenr.gov.
Sincerely,
Jay Zimmerman, P.G., Director
Division of Water Resources
cc: Duplin County Health Department, Ila Davis, Director, il�dunlincoun c.com (Electronic
Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Kevin Weston — Murphy -Brown LLC (kwestonna 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 June 12, 2017, 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.
W00014247 issued February 28, 2017, 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)]
W00014247 Version 4.1 Shell Version 151201 Page 1 of 8
II. PERFORMANCE STANDARDS
1. 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 .0505(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)]
5. 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 4.1 Shell 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
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
[I SA 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
1. 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)]
W00014247 Version 4.1 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 less 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, the Bladenboro Garage
Wash Bay, and the Trans -load AgProtein facility shall be irrigated on the sites listed in Attachment B.
[G.S.143-215.11
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 .11001
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 any time. [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. [15A 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. [15A 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.
[15A 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)]
WO0014247 Version 4.1 Shell Version 151201 Page 4 of 8
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)]
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]
Flow through the treatment facility shall be continuously monitored, and daily average flow values
shall be reported on Form NDMR. Flows 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)]
W00014247 Version 4.1 Shell Version 151201 Page 5 of 8
Three copies of all monitoring data (as specified in Conditions IV.3. and TVA.) 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)]
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.
[15ANCAC 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 .0I08(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)]
W00014247 Version 4.1 Shell Version 151201 Page 6 of 8
kv
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)]
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 Permittee 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 of this 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 .0105(n).
[G.S. 143-21.5.11
WQ0014247 Version 4.1 Shell Version 151201 Page 7 of 8
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 NCGO10000; 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)]
5. 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)]
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). [15A
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. i15A NCAC 02T
.0105(e)(3)]
Permit issued this the 5'" day of July 2017
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
O (t,e��sxc..(' -���_J cat-u,,..✓�"�
Jay Zimmerman, P.G., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0014247
WQ0014247 Version 4.1 Shell Version 151201 Page 8 of 8
ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001— W WTF Effluent
Permit Number: WQ0014247 Version: 4.1
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'
Sample
Type
50050
Flow, in conduit or thru treatment plant
Gallons
81760,000
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 z
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)
mg/L
3 x Year 2
Grab
North Carolina Department of Agriculture,
Agronomic Division's Waste Anal sis Re ort
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: hgp://www.ncaer.eov/aeronomi/uyrwmte.htm. Only results for parameters
specifically listed in this attachment need be reported on Form NDMR per condition N.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.
W00014247 Version 4.1 Attachment A Page 1 of 1
THIS PAGE BLANK
W00014247 Version 4.1 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: 4.1
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Owner
CountyLatitude
Longitude
g
Net
Dominant
Parameter
Hourly
Yearly
Units
Acreage
Soil Series
Rate
Max
1
Murphy Milling Co. 2
Duplin
34.8489490
-78.9612010
8.12
Amryville
01284 —Non-Discharge Application Rate
0.41
11.1
inches
W 09 - Plant Available Nitrogen I
Ibs/acre
2
Square One Farms, LLC 3
Duplin
34.8482100
-77.9639480
12.8
Aunyville
01284 — Non -Discharge Application Rate
0.41
11.1
inches
WQ09 - Plant Available Nitrogen I
lbs/acre
3
Square One Farms, LLC 3
Duplin
34.8466400
-77.9667070
10.36
Woodington
01284 —Non-Discharge Application Rate
0.41
I1.1
inches
WQ09 - Plant Available Nitrogen
lb/are
Totals
31.28
1. PAN application rates shall be reported lbs/acre applied for the month and application rates shall be in accordance with the approved Waste Utilization Plan per condition III.17.
2. Murphy -Brown LLC has a lease agreement with Murphy Milling Co. for use of Field I (Lease Agreement attached).
3. Murphy -Brown LLC has a lease agreement with Square One Farms, LLC for use of Fields 2 and 3 (Lease Agreement attached).
W00014247 Version 4.1 Attachment B
Page 1 of 1
Register Truck Wash
Spray Fields
Scale: 1 "=400'
"suw sae sw"..
Field in
yy0 Tatol Field w B.
/ (Less Selbacks)
Field 41
Wall Field a izw Aa.
(LOU Satboam)
Field Tota
l /J
TFlatd . 10.38 As.
(Lase Setback&) /
.0e*0
e~
I
Goc)Sfc e,--rtli
01
110
1
I
IA
0
NORTH CAROLINA
DUPLIN COUNTY
R CEIVE-O #CDEWWR
SEP262016
Non -Discharge
Permitting Un k
LEASE AGREEMENT'
THIS LEASE AGREEMENT (hereinafter "Agreement"), entered into this the 9 day of
1la ember 2011, executed by and between WENDEL[' 1-1. 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
of 2822 Highway 24 West, Warsaw, North Carolina (hereinafter "Tenant");
W-ITN ESSETH:
For and in consideration of the mutual covenants and promises herein contained, Lessor
and Tenant agree as follows:
1. Premises. Lessor hereby agrees to lease to Tenant and Tenant hereby agrees to
lease from Lessor certain tracts or parcels of land located in the County of Duplht,
State of North Carolina ("Property"), as more particularly described in E_x_t it A
attached hereto and by this reference incorporated herein.
2. Usc-of the Property. The Property shall be used by'renanl for agricultural uses,
including the washing of over the road equipment. No other use of the Property
shall be made by Tenant without the written consent of Lessor.
3. Term and Effective Date. The Property is hereby leased for a teen beginning on,
'k• 19 , 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
1 'L119 j 2 C Z I been met.
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 and 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 defect 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. Pm ml 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 PrQM . Tenant at its expense sh911 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 tensor.
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. LWal Requirements. Tenant at its expense will promptly and diligently (a) comply
with all legal requirements pertaining to the operation of the Property and the
farming thereog (b) procure, maintain and comply with all permits, licenses,
franchises arid 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 fanning 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
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.
l2. Indemnification. 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
(inchiding any applicable program of self-insurance) for personal injury and property
damage 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 Repossession and Relettine. Any one or more of the
following events shall constitute an event of default (''Event of Defitule') 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 tarns 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, law 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 term
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
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 ftom
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 Lsadlord'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 sold 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. M, as amended; Solid Waste Disposal Act, 42 U.S.C. §§ 6901,
et. sM as amended; Toxic Substances Control Act, 15 U.S.C. §§ 2601, eeL
amas amended; hazardous Materials Transportation Act, 49 U.S.C. §§ 5101,
et. seq_, as amended; Federal Water Pollution Control Act, 33 U.S.C. §§ 1251,
eq M9, 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 indminification 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 tern. 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 do Murphy Family ventures, attn: WHM, Jr., at the
address first written above to Tenant at the addresses fast 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. Tenn 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to
this Agreement in the manner required by law, as of the day and year first above written.
LESSOR:
MURPHY MILLING CO., INC.
By
Name.
Title:
WENDELL H.
State of NORTH CAROLINA )
)ss.
County of 1:1 )
L t N
NOTARY PUBLIC
Dupda County
North Cordial
h1 CtxnmNelortE s 3, Y0fa
TENANT:
On This day of UMbCr , 2011 personally
appeared before me At H. &q6t4kyho
stated that (s)he is the _ of
a corporation, and Ural the
instrument %"a signed in behalf of the said corporation
and acknowledged said instrument to be its voluntary
act and deal. Before me:
,�A�1 hut, lY�o
Notary P blic for North Carolina
My Commission Expires: q •3• a pl3 _
MURPHY-BROWN
�LL^C/� '
By:
Name:
'Pitle: OrrS�a.ns fio4 OSoe�4,,w,)
State of NORTH CAROLINA ) On this I, C\ day of Q t_e- , 20t%, personally
)ss. appeared before me CAP Se t.,� A. who adi- pp S
County of lt��l _ ) staled that (s)he is the A.t� i d.e,�4 E of
urn
._4� _ a corporation, and that the
ti1e�(ay�rument was signed in behalf of the said
�` v 'ppration and acknowledged said inshvmenl to be
\S7 TA /�j_ i a Nrgluntary act and deed. Before me:
o ^
U L3 L� t�ytyry G ivy
•G Public for North Carolina
✓J' '*tcanmissionExpires: CO( _ IS• 13
�"u r u r u`rrr
EXHIBIT A
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