160001_Renewal Application_20180126

Environmental
Quality
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
January 26, 2018
RECEIVED/NMENR/M
Robert and Dorothy Joyce Combines Trust
Joyce Hog Farm
383 Cyrus Pollard Road 2 6 2018
Newport, NC 28570
Water Quality Regional
Subject: Permit No. AWI�) rations Section
Joyce Hog Farms i in_gton Regional Office
Animal Waste Management System
Carteret County
Dear Robert and Dorothy Joyce Combines Trust:
In accordance with your renewal application received January 22, 2018 we are hereby forwarding to you
this Permit issued to Robert and Dorothy Joyce Combines Trust authorizing the operation of the subject
animal waste management system. You had indicated the animal population at this facility to be zero
until such time as the waste storage lagoon at this facility is properly closed.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste structures on the Joyce Hog Farms, with an annual capacity of no greater than an annual
average of zero (0) Swine.
The Permit shall be effective from the date of issuance until December 31, 2022 and replaces the Permit
No. AWI160001 issued to this facility on November 24, 2009. You are subject to the conditions of this
permit until the closure of all waste storage basins and the rescission of this permit. You must submit a
letter to the Division of Water Resources to request rescission of the Permit by providing documentation
of closure of all containment basins.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all
applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights
in either real or personal property.
Per 15A NCAC 2T. 0111(c), a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards, a 100-ft separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this Permit may result in
revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the
Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an
application for renewal must be filed at least 180 days prior to expiration.
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

In accordance with Condition II.17 of this Permit, waste application shall cease within four (4) hours of
the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a
Flood Watch associated with a tropical system for the county in which the facility is located. You may
find detailed watch/warning information for your county by calling the Newport/Morehead City, NC
National Weather Service office at [phone], or by visiting their website at:
htto://www.weather.eov/mhx/
This Permit is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
This facility is in a county covered by our Wilmington Regional Office. The Regional Office Staff may be
reached at [phone]. If you need additional information concerning this Permit, please contact the
Animal Feeding Operations Program staff at [phone].
Sincerely,
for Linda Culpepper
Interim Director, Division of Water Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section
Carteret County Health Department
Carteret County Soil and Water Conservation District
Permit File AWI160001
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions. of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Robert and Dorothy Joyce Combines Trust
Carteret County
FOR THE
operation and maintenance of an animal waste management system for the Joyce Hog Farm, located in
Carteret County, consisting of zero (0) Swine and the application to land as specified in the Facility's
Certified Animal Waste Management Plan (CAWMP).
This.permit shall be effective: from the date of issuance until December 31, 2022 and shall be subject to
the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The animal waste management system operated under this Permit shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of pollutants
to surface waters, wetlands, or ditches. Application of waste to terraces and grassed
waterways is acceptable as long as it is applied in accordance with Natural Resources
Conservation Service (MRCS) Standards and does not result in a discharge of waste to
surface waters, wetlands, or ditches. If the Facility has a discharge of waste that reaches
surface waters or wetlands resulting from a storm event more severe than a 25-year, 24-
hour storm, it will not be in violation of this Permit, as long as the Facility is in
compliance with its CAWMP and this Permit.
2. No discharge of waste shall result in a violation of the water quality standards established
for receiving waters as per Title 15A, Subchapter 2B, Section .0200 of the North Carolina
Administrative Code (NCAC) and Title 15A, Subchapter 2L of the NCAC.
The facility's CAWMP is hereby incorporated by reference into this Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards
(federal; state and local) in effect at the time of siting, design, and certification of the
Facility.
4. Any proposed increase or modification to the annual average that exceeds the thresholds
set by North Carolina General Statues (NCGS) 143-215.1OB (1) will require a
modification to the CAWMP and the Permit prior to modification of the Facility.

5. Animal waste shall not be applied within one hundred (100) feet of any well, with the
exception of monitoring wells. The allowable distance to monitoring wells shall be
established on a case -by -case basis by the Division.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The collection, treatment, and storage facilities, and the land application equipment and
fields shall be properly operated properly and maintained at all times.
2. A vegetative cover shall be maintained as specified in the Facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be
applied upon areas not included in the CAWMP.
Soil pH on all land application fields must be maintained in the optimum range for crop
production.
4. Land application rates shall .be in accordance with the CAWMP. In no case shall land
application rates exceed the agronomic rate of the nutrient of concern for the receiving
crop. In no case shall land application rates result in excessive ponding or any runoff
during any given application event.
5. If manure or sludges are applied on conventionally tilled, bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pastures, or fields where crops are actively
growing.
6. Pesticides, toxic chemicals, and petroleum products shall not be disposed of in the animal
waste management system.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste management system. Washdown of stock trailers
owned by and used to transport animals to and from the Facility only will be permissible
as long as the system has been evaluated and approved to accommodate the additional
volume. Only those cleaning agents and soaps that are EPA -approved according to their
labels, will not harm the cover crop, and will not contravene the groundwater standards
listed in 15A NCAC 2L may be utilized in the Facility covered by this Permit.
Instruction labels are to be followed when using cleaning agents and soaps.
8. Disposal of dead animals resulting from normal mortality rates associated with the
Facility shall be done in accordance with the Facility's CAWMP and the North Carolina
Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's
statutes and regulations.
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste
lagoons/storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
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10. A protective, vegetative cover shall be established and maintained on all earthen
lagoon/storage pond embankments (outside toe of embankment to maximum pumping
elevation), berms, pipe runs, and diversions to surface waters or wetlands. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the lagoon/storage pond
embankments. All trees shall be removed in accordance with good engineering practices.
Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed
in accordance with the CAWMP. When removal of sludge from the lagoon is necessary,
provisions must be taken to prevent damage to the lagoon dikes and liner.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The Facility must have at least one of the following items at all times: (a) adequate
animal waste application and handling equipment, (b) a lease, or other written agreement,
for the use of the necessary equipment, or (c) a contract with a third -party applicator
capable of providing adequate waste application.
14. No waste shall be applied in wind conditions that might reasonably be expected to cause
the mist to reach surface waters or wetlands.
15. The Permittee shall maintain buffer strips or other equivalent practices as specified in the
Facility's CAWMP near feedlots, manure storage areas, and land application areas.
16. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application.
17. Land application of waste is prohibited during precipitation events. The Permittee shall
consider pending weather conditions in making the'decision to land apply waste and shall
document the weather conditions at the time of land application on forms supplied by or
approved by.the Division.
Land application of waste shall cease within four (4) hours. of the time that the National
Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch
associated with a tropicalsystem including a . hurricane, tropical storm, or tropical
depression for the county in which .the permitted facility is located. Watches and
warnings are posted on the 'National Weather Service's website located at:
www.weather.gov. More detailed website information can be found on Page 2 of this
Permit. Watch and warning information can also be obtained by calling the local
National Weather Service Office that serves the respective county, which can be found on
Page 2 of this Permit.
The Director may require any permittee to install, operate and maintain devices on all
irrigation pumps/equipment designed to automatically stop irrigation activities during
precipitation.. This decision, will be based on the facility's compliance history for
irrigation events.
18. Land application activities shall cease on any application site that exceeds a Mehlich 3
Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater
than 3,000 (213 pounds per acre).
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19. Any major structural repairs to lagoons/storage ponds must have written documentation
from a technical specialist certifying proper design and installation. However, if a piece
of equipment is being replaced with a piece of equipment of the identical specifications,
no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the
gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the
replacement involves disturbing the lagoon/storage pond embankment.
III. MONITORING AND REPORTING REQUIREMENTS
1. An inspection of the animal waste collection, treatment, and storage structures, and
runoff control measures shall be conducted and documented at a frequency to insure
proper operation, for example, lagoons/storage ponds, and other structures should be
inspected for evidence of erosion, leakage, damage by animals or discharge.
2. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free -flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. The
waste level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by, or approved by, the Division.
A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and
zinc, shall be conducted on each application field receiving animal waste at least every
three (3) years.
4. An analysis of the animal waste shall be conducted in accordance with recommended
laboratory sampling procedures as close to the time of application as practical and at least
within sixty (60) days (before or after) of the date of application. This analysis shall
include the following parameters:
Nitrogen Zinc
Phosphorus Copper
The Permittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates and cropping information. The Permittee shall also
record removal of solids and document nutrient loading rates if disposed on -site or record
the off -site location(s). These records must be on forms supplied by, or approved by, the
Division.
6. If, for any reason, there is a discharge from the animal waste management system
(including the land application sites), to surface waters or wetlands, the Permittee is
required to make notification in accordance with Condition 111. 10. The discharge
notification shall include the following information:
a. Description of the discharge: A description of the discharge including an estimate of
the volume discharged, a description of the flow path to the receiving surface waters
or wetlands and a site sketch showing the path of the waste. Also, an estimation of
the volume discharged.
b. Time of the discharge: The length of time of the discharge, including the exact dates
and times that it started and stopped, and if not stopped, the anticipated time the
discharge is expected to continue.
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c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused
by a precipitation event, detailed information from the on -site rain gauge concerning
the inches and duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken
to prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by
. Condition III.4.
7.. A copy of this Permit, the Facility's- permit, certification forms, lessee and landowner
agreements, the CAWMP, and copies of all records required by this Permit and the
Facility's CAWMP shall be maintained by the Permittee in chronological and legible
form for a minimum of three (3) years ,
8. Within fifteen (15) working days of receiving the request from the Division, the
Permittee shall provide to the Division one (1) copy of all requested information and
reports related to the operation of the animal waste management system. Once received
by the Division, all such information and reports become public information, unless they
constitute confidential information under North Carolina General Statutes (NCGS) 132-
1.2, and shall be made available to the public by the Division as specified in Chapter 132
of the NCGS.
9. The Division may require any additional monitoring and reporting (including but not
limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond
levels and plant tissue) necessary*to determine the source, quantity, quality, and effect of
such waste upon the surface waters, groundwaters or wetlands. Such monitoring,
including its scope, frequency, duration and any sampling, testing, and reporting systems,
shall meet all applicable Division requirements.
10. Regional Notification:
The Permittee shall report by telephone to the appropriate Division_ Regional Office as.
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events:
a. Any discharge to ditches, surface waters or wetlands.
b. Failure to maintain storage capacity in a lagoon/storage pond greater than or
equal to that required in Condition V. 2. of this Permit.
C. Over applying waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters or wetlands.
d. Failure of any component of the animal waste management system resulting in a
discharge to surface waters or wetlands.
e. Any failure of the animal waste management system that renders the Facility
incapable of adequately receiving, treating or storing the waste and/or sludge.
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f. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat
to the environment or human safety or health.
For any emergency, which requires immediate reporting after normal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within five (5) calendar days following first knowledge of the occurrence. This report
shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. The requirement to file a written reportmay not
be waived by the Division Regional Office.
In the event the waste level in a lagoon/storage pond is found to be within the designed
structural freeboard, the Permittee shall file a written report to the appropriate Division
Regional Office within two (2) calendar days following first knowledge of the
occurrence. This report shall outline actions taken or proposed to be taken to reduce
waste levels below the designed structural freeboard within five (5) calendar days of first
knowledge of the occurrence.
11. In the event of a discharge of 1,000 gallons or more of animal waste to surface waters or
wetlands, the Permittee must issue a press release to all print and electronic news media
that provide general coverage in the county in which the discharge occurred setting out
the details of the discharge. The press release must be issued within forty-eight (48)
hours after it is determined that the discharge has reached the surface waters or wetlands.
A copy of the press release and a list of the news media to which it was distributed must
be kept for at least one (1) year after the discharge and must be distributed to any person
upon request.
12. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or
wetlands, a public notice is required in addition to the press release described in
Condition III 15. The public notice must be placed in a newspaper having general
circulation in the county in which the discharge occurred and the county immediately
downstream within ten (10) days of the discharge. The notice shall be captioned
"NOTICE OF DISCHARGE OF ANIMAL WASTE". The minimum content of the
notice is the name of the facility, location of the discharge, estimated volume of waste
entering state waters, time and date discharge occurred; duration of the discharge,
E identification water body that was discharged into including creek and river basin if
applicable, actions taken to prevent further discharge, and a facility contact person and
phone number. The owner or operator shall file a copy of the notice and proof of
publication with the Department within thirty (30) days after the notice is published.
Publication of a notice of discharge under this Condition is in addition to the requirement
to issue a press release under Condition III.11.
13. If a discharge of 1,000,000 gallons or more of animal waste reaches surface waters or
wetlands, the appropriate Division Regional Office must be contacted to determine in
what additional counties, if any, a public notice must be published. A copy of all public
notices and proof of publication must be sent to the Division within thirty (30) days after
the notice is published.
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IV. INSPECTIONS AND ENTRY
1. The Permittee shall allow any authorized representative of Department, upon the
presentation of credentials and other documents as may be required by law and in
accordance with reasonable and appropriate biosecurity measures, to:
a. Enter the Permittee's premises where the regulated Facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
c. Inspect, at reasonable times any facilities, equipment, ,(including monitoring and
control equipment), practices; or operations regulated or required under this Permit;
and,
d. Sample or monitor, at reasonable times, for assuring permit compliance, any
substances or parameters at any location.
V. GENERAL CONDITIONS
1. The issuance of this Permit shall not relieve the Permittee of the responsibility for
compliance with all applicable surface water, wetlands, groundwater and air quality
standards or for damages to surface waters, wetlands or groundwaters resulting from the
animal operation.
2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
Facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds
must not exceed the level that provides adequate storage to contain a 25-year, 24-hour
storm event plus an additional one (1) foot of structural freeboard except that there shall
be no violation of this condition if. (a) there is a storm event more severe than a 25-year,
24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at
least one (1) foot of structural freeboard.
Any containment basin, such as a lagoon or a storage pond, used fo`r waste management
shall continue to be subject to the conditions and requirements of this Permit until
properly closed. When the containment basin is properly closed in accordance with the
Natural Resource Conservation Service (MRCS) North Carolina Standard for Closure of
Waste Impoundments, April 2012 or any subsequent amendment, the containment basin
shall not be subject to the requirements of this Permit. The Permittee must submit a letter
to the Division to request rescission of the Permit by providing documentation of closure
of all containment basins.
Closure shall also include a minimum of 24 hours' pre -notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the form within fifteen (15) days of completion of closure.
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4. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements, which are required in the CAWMP, shall constitute grounds for revocation
of this Permit.
5. This Permit is not transferable. In the event there is a desire for the Facility to change
ownership, or there is a name change of the Permittee, a Notification of Change of
Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting materials as may be appropriate.
6. The issuance of this Permit does not prohibit the Division from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
appropriate laws, rules, and regulations.
7. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A
NCAC 02T .0111(c). An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to the requirements of 15A NCAC 21, and the Division
in addition to the penalty provisions applicable under the NCGS.
VI. PENALTIES
I Failure to abide by the conditions and limitations contained in this Permit; the Facility's
CAWMP; and/or applicable state law; may subject the Permittee to an enforcement .
action by the Division including but not limited to the modification of the animal waste
management system, civil penalties, criminal penalties, and injunctive relief.
2. The Permittee must comply with all 'conditions of this Permit. Any Permit
noncompliance constitutes a violation of state law and is grounds for enforcement action;
for Permit coverage termination, revocation and reissuance, or modification; or denial of
Permit coverage renewal application..
3. It shall not be a defense for a Permittee in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity to maintain compliance with
the conditions of this Permit.
This Permit issued the 26th day of January 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
M--441-11
Jor Linda Culpepper, Interim Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI160001
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