HomeMy WebLinkAbout820003_CORRESPONDENCE_20171231NORTH CAROLINA
Deparbnent of Environmental Qual
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
M and A Phillips, LLC
King 9-16
903 Wards Bridge Rd
Warsaw, NC 28398
Dear M and A Phillips, LLC:
Division of Water Quality
Coleen H. Sullins
Director
October 1, 2009
Dee Freeman
^ "'t Secretary
i DENR-FA?ET1E1 UREGIOMLOFFRCE
Subject: Certificate of Coverage No. AWS820003
King 9-16
Swine Waste Collection, Treatment,
Storage and Application System
Sampson County
In accordance with your requests for renewal and change of ownership; we are hereby forwarding to you
this Certificate of Coverage (COC) issued to M and A Phillips, LLC, authorizing the operation of the
subject animal waste management system in accordance with General Permit AWG100000.
This approval shall consist of the operation of this system including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the King 9-16, located in Sampson County, with a swine animal capacity of no
greater than the following annual averages:
Wean to Finish: Feeder to Finish: 5760 Boar/Stud:
Wean to Feeder: Farrow to Wean: Gilts:
Farrow to Finish: Farrow to Feeder: Other:
If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where
boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be
replaced by gilts at a rate of 4 gilts for every 3 sows.
The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void
Certificate of Coverage Number AWS820003 that was previously issued to this facility. Pursuant to this
COC, you are authorized and required to operate the system in conformity with the conditions and
limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system
for collecting and maintaining the required monitoring data and operational information must be
established for this facility. Any increase in waste production greater than the certified design capacity or
,-increase in number of animals authorized by this COG (as provided above) will require a modification to
the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or
number of animals.
Please carefully read this COC and the enclosed State General Permit. Please pay careful attention to the
record keeping and monitoring conditions in this permit. Record kegping forms are unchanged with this
General Permit. Please continue to use the same record keeping forms.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location;: 2728 Capital Blvd- Raleigh, North Carolina 27604
Phone: 919-733-32211FAX: 919-71M588tCustorne, Service:1-877-623.6748 NorthCarolina
Internet: vnww.ncwaterquality.org Naturally
'� x� J�� /�J
An Equal Opportunity % Affirmative Action Empioyer � �/ `Ls ` ✓U
If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful
evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable.
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Per 15A NCAC 2T .0105(h) 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-foot 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 COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.5A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, then an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
In accordance with Condition U.22 of the General 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 Raleigh, NCNational
Weather Service office at (919) 515-8209, or by visiting their website at www.erh.noaa.gov/er/rah/
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Aquifer Protection Staff may be reached at (910) 433-3300. If you need additional information
concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at
(919) 733-3221.
Sincerely,
6�
for Coleen H. Sullins
Enclosure (General Permit AWG100000)
cc: (Certificate of Coverage only for all ccs)
Fayetteville Regional Office, Aquifer Protection Section
Sampson County Health Department
Sampson County Soil and Water Conservation District
Maxwell Foods Inc
APS Central Files (Permit No. AWS820003)
AFO Notebooks
WASTE UTILIZATION PLAN
F: Vw
Goldsboro Hog Farms, Inc.
Saturday, August 03, 2002
Producer:
Farm Name:
Telephone #
Type of Operation
M and A Phillips, LLC
King 9-16
903 wards Bridge Road
warsaw,NC 28398
(910) 290-0111
Feeder to Finish swine
Number of Animals: 5760 hogs design capacity
Application Method: Irrigation
RECE �D
4PR 0 9 2M
The waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal waste should be
used to reduce the amount of commercial fertilizer required for the crops in the fields where
waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle. Annual soil tests are strongly
encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be
grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and avaialable water holding capacities. Normally waste shall not be applied to
land eroding at greater than 5 tons per acre per year. With special pre -cautions, waste may
be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on
saturated soils, when it is raining, or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed under DEM regulations. Wind
conditions should also be considered to avoid drift and downwind odor problems. To
maximize the value of the nutrients for crop production and to reduce the potential for
pollution, the waste should be applied to a growing crop or applied to bare ground not more
than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and
reduce odor problems. This plan is based on waste application through irrigation for this is
the manner in which you have chosen to apply your waste. If you choose to inject the waste
in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating
waste are not the same.
The estimated acres needed to apply the animal waste is based on typical nutrient content for
this type of facility. Acreage requirements should be based on the waste analysis report from
your waste management facility. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste
utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H.0217 adopted by the Environmental Management Commission.
Page 1
7
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
5760 hogs X 1.9 tons waste/hogs/year = 10944 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
5760 hogs X 2.3 Ibs PAN/hogs/year = 13248 PAN/year
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown,
soil type and suface application.
TABLE 1 : ACRES OWNED BY PRODUCER
TRACT FIELD SOIL TYPE &CLASS- CROP YIELD LBS AW COMM ACRES LBS AW APPLIC.
DETERMINING PHASE CODE NACRE NACRE USED TIME
10298
- 1
WAGRAM 0-6%
SG
1
100
OF
3.22
3221
SEP-MAR
10298
1
WAGRAM 0-6%
BH
5.5
275
0
3.22
8851
MAR-AUG
10298
10
GOLDSBORO 0-2%
SG
1
100
0
0.9
90
SEP-MAR
10298
10
GOLDSBORO 0-2%
BH
6-5
325
0
0.9
292.5
MAR-AUG
10298
2
WAGRAM 0-6%
SG
1
100
0
6A5
645
SEP-MAR
10298
2
WAGRAM 0-6°%
BH
5.5
275
0
6.45
1773,75
MAR-AUG
10298
3
WAGRAM 0-6%
SG
1
100
0
5.73
573
SEP-MAR
10298
3
WAGRAM 0-6%
BH
5.5
275
0
5.73
1575.75
MAR-AUG
10298
4
WAGRAM 0-6°%
SG
11
100
0
4A6
496
5EP-MAR
10298
4
WAGRAM 0-6°%
BH
5-5
275
0
4.96
1364
MAR-AUG
10298r_6
WAGRAM 0-6�%
SG
1
100
D
4.41
441
SEP-MAR
10298
WAGRAM 0-6%
BH
5-5
275
0
4.41
1212.75
MAR-AUG
10298
WAGRAM 0-6°%
SG
1
100
0
3.58
358
5EP-MAR
10298
WAGRAM 0-6%
BH
5.5
275
0
3.58
984.5
MAR-AUG
10298
WAGRAM 0-6%
SG
1
1oo
0
2.61
260
SEP MAR
10298
7
WAGRAM 0-6% .
BH
5.5
275
0
2-6
7151
MAR-AUG
10298
- a
RAINS
SG
1
100
0
2.97
297
SEP-MAR
10298
8
RAINS
BH
4-5
225
0
2.97
668-25
MAR-AUG
10298
9
RAINS
SG
1
100
0
1.24
1241
SEP-MAR
10298
9
RAINS
BH
4.5
225
0
124
791
MAR-AUG
TOTALS: 13357
-- Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals.
* Indicates a Crop Rotation
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N
requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in
some eastern counties of NC to have a nutrient management plan that addresses all
nutrients. This plan only addresses Nitrogen.
Page 2
TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land. See required specifications 2.)
There are no Acres Leased
-- Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow
summer annuals.
* Indicates a Crop Rotation
* Acreage figures may exceed total acreage in field due to overseeding.
**Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial
nitrogen (COMM N) supplied.
The following legend explains the crop codes used in TABLES 1 and 2 above:
CROP CODE CROP UNITS LB5 NIUNIT
BH HYBRID BERUIUDAGRASS-HAY TONS 50
SG SMALL GRAIN OVERSEEDED AC 50
Page 3
TOTALS FROM TABLES 1 AND 2
ACRES LBS AW
N-USED
ABLE 1 36.0613,357
TOTALS: 36.0613,357
AMOUNT OF N PRODUCED: 13,248
* BALANCE -109
*** This number must be less than or equal to 0 in order to fully utilize the animal waste N
produced.
Acres show in each of the preceeding tables are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter
areas not receiving full application rates due to equipment limitations. Actual total acres in the
fields listed may, and most likely will be, more than the acres shown in the tables.
NOTE: The Waste Utilization Plan must contain provisions for periodic land application of
sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary
measures to prevent over application of nutrients or other elements. Your production facility
will produce. approximately 2131.2 pounds of plant available nitrogen (PAN) per year in the
sludge that will need to be removed on a periodic basis. This figure is PAN when
broadcasting the sludge. Please be aware that additional acres of land, as well special
equipment, may be needed when you remove this sludge.
See the attached map showing the fields to be used for the utilization of waste water.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the soil at the time of
irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture
content, soil structure, soil texture, water droplet size, and organic solids. The application
amount should not exceed the available water holding capacity of the soil at the time of
irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the
crop.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 5.92 months. In no instance should the volume of
waste being stored in your structure be within 1 feet of the top of the dike.
If surface irrigation is the method of land application for this plan, it is the responsiblity of the
producer and irrigation designer to ensure that an irrigation system is installed to properly
irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and
amounts of Nitrogen shown in the tables may make this plan invalid.
The following table is provided as a guide for establishing application rates and amounts.
APPLICATION APPLICATION
TRACT FIELD SOIL TYPE CROP RATE (in/hr) ANIT (inches)
10298
-1, -2, -3, -4, -5, -6, --7
AGRANI 0-6%
SG
0.60
*1
10298
1, 2, 3, 4, 5, 6, 7
AGRAM 0-6%
BH
0.60
*1
10298
-S,
RAINS
SG
0.40
*1
10298
8,9
RAINS
BH
0.40
*1
10298
-10
GOLDSBORO 0-2%
SG
0.50
*1
10298
io
GOLDSBORO 0-2°k
BH
0.50
*1
* This is the maximum application amount allowed for the soil assuming the amount of
nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Page 4
NARRATIVE OF OPERATION
This WUP has been written by irrigation pulls utilizing a current FSA map to scale (1 "=660').
It utilized the 100 lb overseed with the following conditions: (1) the bermada cannot be land
applied to after August 31, (2) the small grain must be land applied to in split applications
between Sept - Oct 31 and Feb - Mar 31 with no land application to small grain in Nov - Jan,
and (3) the small grain must be removed by April 7. This guidance provided by the 1217
IAG. Field #10 will be land applied to with a honey wagon. The producer has access to this
equipment.
This plan information was amended on February 6, 2009 to reflect a change of ownership
only.
04
Page 5
PLANS & SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited. Illegal discharges are subject
to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every
day the discharge continues.
2. The Field Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land to properly dispose of waste. If the producer
does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy
of a written agreement with a landowner who is within a reasonable proximity, allowing
him/her the use of the land for waste application for the life expectancy of the production
facility. It is the responsibility of the owner of the facility to secure an update of the Waste
Utilization Plan when there is a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climate conditions, and level of
management, unless there are regulations that restrict the rate of application for other
nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RMS) or
an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater
than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves
the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG
Stantard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers).
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the
waste may be broadcast provided the application does not occur during a season prone to
flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference -
Environment file for guidance.)
*7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift from
the site during application. No ponding should occur in order to control conditions conducive
to odor or flies and to provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
9. Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth.
10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with
a high potential for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall
not be applied more than 30 days prior to planting of a crop on bare soil.
11. Any new swine facility sited on or after October 1,.1995 shall comply with the following:
the outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property boundary
Page 6
and from any perennial stream or river (other that an irrigation ditch or canal. Animal waste
other than swine waste from facilities sited on or after October 1, 1995), shall not be applied
closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landownwer.
14. Waste shall be applied in a manner not to reach other property and public right - of ways.
15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted croplands
provided they have been approved as a land application site by a "technical specialist".
Animal waste should not be applied on grassed waterways that discharge directly into water
courses, except when applied at agronomic rates and the application causes no runoff or drift
from the site.
*16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system.
*17. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where
considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms
and structures should be inspected regularly for evidence of erosion, leakage or discharge.
*18. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the possibility
of an illegal discharge, pollution and erosion.
*19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be
kept on site.
20. Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption, it should only be applied as a preemergence with no other applications of
animal waste during the crop season.
*21. Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to mark
the maximum storage volume fpr waste storage ponds.
22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soils shall be monitored and alternative crop sites
shall be used when these metals approach excessive levels. pH shall be adjusted for
optimum crop production amd maintained. Soil and waste analysis records shall be kept for
five (5) years. Poultry dry waste application records shall be maintained for three (3) years.
Waste application records for all other waste shall be maintained for five (5) years.
23. Dead animals will be disposed of in a manner that meets North Carolina Department of
Page 7
Agriculture regulations
* Liquid Systems
Page 8
NAME OF FARM: King 9-16
OWNER / MANAGER AGREEMENT
I (we) understand and will follow and implement the specifications and the operation and
maintenance precedures estalished in the approved animal waste utilization plan for the farm
named above. I (we) know that any expansion to the existing design capacity of the waste
treatment and/or storage system or construction of new facilities will require a new utilization
plan and a new certification to be submitted to DEM before the new animals are stocked.
I (we) understand that I must own or have acces to equipment, primarily irrigation equipment,
to land apply the animal waste described in this waste utilization plan. This equipment must
be available at the appropriate pumping time such that no discharge occurs from the lagoon
in a 25-year 1-day storm event. I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates that no runoff occurs.
NAME OF FAC ITY O . M and A Phillips, LLC
SIGNATUR DATE:
NAME OF MANAGER (if different from owner):
please print
SIGNATURE: DATE:
NAME OF TECHNICAL SPECIALIST: George H. Pettus
AFFILIATION: Maxwell Foods, Inc.
ADDRESS (AGENCY): PO Box 10009
Goldsboro, NC 27532
o .i
(919) 778-3130
SIGNATURE: DATE: '20 FVB100q
Page 9
August 10, 2007
Maxwell Foods, Inc
List of Maxwell Foods, Inc facilities granted sludge survey extension.
Permit
Number
Facility
Number
Facility Name
# of lagoons
at the facility
# of lagoons
Exem ted
Exempted Lagoons
AWS310223
31-223
Albertson Farm
2
2
Lagoon #1 & #2
AWS400042
40-42
Blizzard Nursea & Finishin
2
2
La oon #I & #2
AWS310043
31-43
Case Farm
1
1
La oon #1
AWS960213
96-213
Dairy Swine Farm #1 & #2
2
2
Lagoon #1 & #2
AWS960035
96-35
Exum Mills Sow
2
1
Lagoon #2
AWS310848
3 1 -848
Friendship
5
5
Lagoon #1, 2, 3, 4, & 5
AWS400047
4047
Della M Ginn Farm
1
1
Lagoon #1
AWS400151
40-151
H G Maxwell, III
I
1
Lagoon #1
AWS070014
07-14
Hodges Sow Farm
3
3
Lagoon #1, #2, & #3
AWS080034
08-34
Indian Woods
2
0
-
AWS820656
82-656
Kin 1-8
2
2
Lagoon #1 & #2
AWS820003
82-03
Kin 9-16
2
2
Lagoon #1 & #2
AWS540140
54-140
LC Farm
2
2
La oon #1 & #2
AWS960098
96-98
Nahunta Sow #1, #2, & isolation
3
3
Lagoon #l, #2, & #3
AWS660084
66-84
Plantation Sow Farm
3
2
Lagoon #2, & #3
AWS310103
31-103
Quinn Sow
3
2
Lagoon #l, & #2
AWS080002
08-02
Republican Sow Farm
3
3.
Lagoon #1, #2, & #3
AWS960034
96-34
Sasser Sow Farm
3
3
Lagoon #l, #2, & #3
AWS400022
40-22
Seymour Farms
1
1
Lagoon #1
AWS960215
96-215
Smith Person Farm
I
1
Lagoon #1
AWS960033
96-33
Squirrel Rid eSow
3
3
Lagoon #1, #2, & #3
AWS310060
31-60
Sunshine Nurseries
2
2
Lagoon #1 & #2
AWS7400I4
74-14
Worthington Farms Inc -finishing farm.
1
I
Lagoon #1
`Due to the amount of treatment volume available, and the rate of sludge accumulation, DWQ feels that an extension is
not appropriate for Lagoon #1 at facility #96-35, the two lagoons at facility # 08-34, Lagoon #1 at facility # 66-84, and
Isolation lagoon (Lagoon #3) at facility 31-103.
r
f Q A Michael F. Easley, Governor ~ D 3 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 10, 2007
Goerge H Pettus
Maxwell Foods, Inc
943 Millers Chapel Rd
P O Box 10009
Goldsboro, NC 27532
RE: Sludge Survey Testing Dates
Dear George H Pettus:
Coleen H. Sullins Director
Division of Water Quality
The Division of Water Quality. (Division) received your sludge survey information for many of
your farms on July 31, 2007. With the survey results, you requested an extension of the sludge
survey requirement foi the lagoons at those facilities not to be required until 2009. Due to the
amounts of treatment volume available, the Division agrees that a sludge survey is not needed
until 2009 for the lagoons that are listed on the attached table. For these lagoons, the results of
the 2009 sludge survey are to be submitted by March 1, 2010.
However, due to the amount of treatment volume available, and the rate of sludge accumulation,
the Division feels that an extension is not appropriate for Lagoon #1 at facility #96-35, the two
lagoons at facility # 08-34, Lagoon #1 at facility # 66-54, and Isolation lagoon (Lagoon 43) at
facility 31-103. The next sludge survey for these lagoons should be performed before December
.31, 2007.
Thank you for your attention to this matter. If you have any questions, please call me at (919)
715-6937.
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Unit
Attachment: Extension List
cc: Regional Offices, Aquifer Protection Section
Central Files
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.ncwaterouality.org Location: 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
lvorthCarolina
Naturally
Telephone: (919) 733-3221
Fax 1: (919) 715-0588
Fax 2: (919) 715-6048
Customer Service: (877) 623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 1, 2007
Maxwell Foods IncKing -
PO Box 0009 .. 1 JUN 2 7 K -7
Goldsboro, NC 27532
Subject: Certificate of Coverage No- AWS820003
King 9-16
Animal Waste Management System
Sampson County
Dear Maxwell Foods Inc:
In accordance with your application received on 12-Jan-07, we are hereby forwarding to you this
Certificate of Coverage (COC) issued to Maxwell Foods Inc, authorizing the operation of the subject
animal waste management system in accordance with General Permit AWG100000.
This approval shall consist of the operation of this system including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the King 9-16, located in Sampson County, with an animal capacity of no greater
than the following swine annual averages:
Wean to Finish: 0 Feeder to Finish: 5760 Boar/Stud: 0
Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0
Farrow to Finish: 0 Farrow to Feeder: 0
If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows -
Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows
may be replaced by gilts at a rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES
COC issued to this facility with an expiration date of July 1, 2007. You are required to continue
conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension
in Condition IH.19 does not apply.
Pursuant to this COC, you are authorized and required to operate the system in conformity with the
conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An
adequate system for collecting and maintaining the required monitoring data and operational information
must be established for this facility. Any increase in waste production greater than the certified design
capacity or increase in number of animals authorized by this COC (as provided above) will require a
modification to the CAWMP and this COC and must be completed prior to actual increase in either
wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is
a package containing the new and revised forms used for record keeping and reporting. Please pay
careful attention to the record keeping and monitoring_ conditions in this permit.
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterwalitv.or•B Location: 2728 Capital Boulevard
An Equal OpporttmltyrlAffrrmative Action Employer— 50% Recyded110% Post Consumer Paper
14 r Carolina
ANawa!!y
Raleigh, NC 27699-1636 'Telephone: (919) 733-3221
Raleigh, NC 27604 Fax 1: (919) 715-0588
Fax 2: (919)715-6048
Customer Service: (877) 623-6748
If your Waste Utilization Plan has been developed based on site -specific information, careful evaluation
of future samples is necessary_ Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed_
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are -met prior to restocking
of the facility.
Per 15A NCAC 02T .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-foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall
continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS
standards and the permit is rescinded by the Division.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAW 0 may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Aquifer Protection staff may be reached at 910-433-3300. If you need additional information concerning
this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733-
3221.
Sincerely,
for Coleen H. Sullins
Enclosures (General Permit AWG100000, Record Keeping and Reporting Package)
cc: (Certificate of Coverage only for all cc's)
Sampson County Health Department
Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files
Permit File AWS820003
Michael F. Easley, Governor
DENR--F'RO William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
4
Attn: Mr. George Pettus
Maxwell Foods Inc.
King 9-16 Farm
PO Box 10009
Goldsboro, NC 27532
Dear Mr. Pettus:
APR — 3 2004 Alan W. Klimek, P. E., Director
Coleen H. Sullins, Deputy Director
DWODivision of Water Quality
March 31, 2004
Subject: Certificate of Coverage No. NCA282003
King 9-16 Farm
Swine Waste Collection, Treatment,
Storage and Application System
Sampson County
In accordance with your Notification of Change of Ownership received on February 8, 2004 we are
hereby forwarding to you this Certificate of Coverage (COC) issued to Maxwell Foods, Inc-, authorizing
the operation of the subject animal waste collection, treatment, storage and land application system in
accordance with NPDES General Permit NCA200000.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the King 9-16 Farm, located in Sampson County, with an animal capacity of no
greater than an annual average of 5760 Feeder to Finish swine and the application to land as specified in
the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until July 1, 2007 and shall hereby void Certificate
of Coverage Number NCA282003 dated April 9, 2003. Pursuant to this COC, you are authorized and
required to operate the system in conformity with the conditions and limitations as specified in the
General Permit, the facility's. CAWMP, and this COC. An adequate system for collecting and
maintaining the required monitoring data and operational information must be established for this facility.
Any increase in waste production greater than the certified design capacity or increase in number of
animals authorized by this COC (as provided above) will require a modification to the CAWMP and this
COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed General Permit. Since this is a new joint State and
Federal general permit it contains many new requirements in addition to most of the conditions contained
in the current State general permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please pay careful attention to the record keeping
and monitoring conditions in this permit. The Animal FacilitY_Annual Certification Form must be
completed and returned to the Division of Water Quality by no later than March 1st of each year.
If your Waste Utilization Plan has been developed based on,site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Customer Service Center
An Equal Opportunity Action Employer
49��
®ENR
Internet http:/lh2a.enr.state.oc.us/ndpu
Telephone (919) 733-5083 Fax (919)715-6M
Telephone 1-877-623-6748
50% recycled/10% post -consumer paper
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(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 foot separation
shall be maintained between water supply wells and any lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, 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 the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual NPDES Permit by contacting the staff member Iisted below for information on
this process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Water Quality Staff may be reached at (910) 486-1541. If you need additional information concerning
this COC or the General Permit, please contact Duane Leith at (919) 733-5083 ext. 370.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit NCA200000, Record Keeping and Reporting Package)
cc: (Certificate of Coverage only for all cc's)
Circle Q Farms, Inc.
Sampson County Health Department
Fayetteville Regional Office, Water Quality Section
Sampson County Soil and Water Conservation District
Permit File NCA282003
NDPU Files
. 1.*4
NAME OF FARM: Company Finishing
OWNER I MANAGER AGRES111ENT
I (we) understand and will follow and implement the specifications and the operation and
maintenance precedures estalished in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion to the existing design capacity of the
waste treatment and/or storage system or construction of new facilities will require a new
utilization plan and a new certification to be submitted to DEM before the new animals are
stocked.
I (we) understand that I must own or have acres to equipment, primarily irrigation
equipment, to land apply the animal waste described in this waste utilization plan. This
equipment must be available at the appropriate pumping time such that no discharge occurs
from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied
on the land according to this plan at the appropriate times and at rates that no runoff occurs.
NAME OF F ILITY O ER: Craig Quinn C;r cJ% Q Fa*
SIGNATURE. o- DATE Y
NAME OF MANAGER (if different from owner):
please print
SIGNATURE: DATE: Z3 o-2-
NAME OF TECHNICAL SPECIALIST: George H. Pettus
AFFILIATION:
ADDRESS (AGENCY): PO Box 10009
Goldsboro, NC 27532
(919) 778-3130
SIGNATURE: DATE: 03 AVj X Z-
Page 9
North Carolina Department of
Environment and Natural Resources
Division of Air Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P.E., Director
CERTIFIED MAIL 7000 0600 0028 7275 4350
RETURN RECEIPT REQUESTED
April 17, 2001
Mr. Craig Quinn
Circle Q Farms Inc. Finishing #1
526 Works Farm Road
Warsaw, North Carolina 28398
NCDENR
R E C E I'VE` E D"
APR 2 4 2001
DENR
FAYETTEViLL E RE00NAL OFFICE
Subject: Determinatio7: of Objectionable Odor
Circle Q Farms Inc. Finishing #1
Clinton, NC, Sampson County .- - 6 / 82-00000
Dear Mr. Quinn:
The Circle Q Farms Inc. Finishing #1 (DWQ ID 82a 3) located off King Road (SR-1748), in the
Clinton area of Sampson County, has been the subject of numerous complaints received by the
Division of Air Quality Fayetteville Regional Office. On January 5, 2001 and February 16,
2001, objectionable odor observations were made by several DAQ staff. Subsequently, upon
discussion between myself, as Director of the Division of Air Quality, and Steven Vozzo, the
Supervisor of the Fayetteville Regional Office, and after careful consideration of all criteria, it
has been concluded that your operatiodis the subject of an Objectionable Odor Determination,
per North Carolina Administrative Code (NCAC) Title 15A, Chapter 2, Subchapter 2D .1802
(g). This letter is to inform you that you are now required to prepare and submit a Best
Management Plan (BMP) as described in NCAC 2D.1803 Best Management Plans for Animal
Operations.
The permanent rule for the control of odors from animal operations became effective on Julyl,
2000. The rule, 15A NCAC 2D.1800 Control of Odors, defines the type of operation that is .
applicable to the rule and lists the Required Management Practices (RMP) of these operations.
The rule defines objectionable odors as:
15A NCAC 2D.1801 (9) - "Objectionable odor" means any odor present in the ambient
air that by itself, or in combination with other odors, is or may be harmful or injurious to
human health or welfare, or may unreasonably interfere with the comfortable use and
enjoyment of life or property. Odors are harmful or injurious to human health if they
tend to lessen human food and water intake, interfere with sleep, upset appetite, produce
1641 Mail Service Center, Raleigh, North Carolina 27699-1641
2728 Capital Blvd., Raleigh, NC 27604
Phone: 919--715-6232 FAX: 919--715-7175 Internet: http://dN.5tate.nc.us/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10%, POST CONSUMER PAPER
Mr. Craig Quinn
Circle Q Farms, Inc. Finishing #1
April 17, 2001
Page 2
irritation of the upper respiratory tract, or cause symptoms of nausea, or if their chemical
or physical nature is, or may be, detrimental or dangerous to human health.
The criteria for determining objectionable odors is also listed in the rule:
15A NCAC 2D.1802 (g): Determination of the existence of an objectionable odor. in
deciding if an animal operation is causing or contributing to an objectionable odor, the
Director may consider one or more of the following: '
(1) The nature, intensity, frequency, pervasiveness, and duration of the odors from
the animal operation; _
(2) Complaints received about objectionable odors from the animal operation;
(3) Emissions from the animal operation of known odor causing compounds, such as
ammonia, total volatile organics, hydrogen sulfide or odor:
(4) Any epidemiological studies associating health problems with odors from the
animal operation or documented health problems associated with odors from the
animal operation provided by the State Health Director; or
(5) Any other evidence, including records maintained by neighbors, that show that
the animal operation is causing or contributing to an objectionable odor.
The permanent rule can be viewed at: http://daQ.state.nc.us/Rules/Ruies/D184Q.pdf
A copy of the permanent rule has been included with this letter.
The owners)/operator(s) of Circle Q Farms Inc. Finishing #1 have a_maximum of 90 days from
receipt of this letter to prepare a Best Management Plan (BMP) as described in Section .1803 -
Best Management Plans for Animal Operations. The Director has a maximum of 90 days from
receipt of the BMP to approve the plan. The owner(s)/operator(s) then have a maximum of 30
days from approval of the plan to be in compliance with the terms of the plan. Failure of the
owner(s)/operator(s) to meet the required timeline shall be considered a violation of the
regulation and also constitutes "Plan Failure". Plan Failure will require odor controls per NCAC
2D.1802(k) and an Air Permit.
Any violation of an air quality regulation is subject to the assessment of civil penalties as per
North Carolina General Statute 143-215.114A. This General Statute provides that civil penalties
of not more than ten thousand ($10,000) may be assessed against any person who violates any
classification, standard, limitation established pursuant to General Statute 143-215.107, "Air
Quality Standards and Classifications". In addition, each day of continuing violation after
Mr. Craig Quinn
Circle Q Farms, Inc. Finishing #1
April 17, 2001
Page 3
written notification from the Division of Air Quality shall be considered a separate offense.
Please be advised that neither this letter, nor any subsequent action, absolves you from
responsibility for any violation or damage to public or private property or from anv enforcement
action available to this agency.
We appreciate your immediate attention to this environmental concern. If you have any
questions with respect to this matter, please contact Keith Overcash, A.E., DAQ Deputy Director
(919-715-0-5290), or Steven Vozzo, Fayetteville Regional Office Supervisor (910-486-1541).
Sincerely,
Alan W. Klimek, P.E.
AKlsfv
Attachments -Odor Rezulations
cc: Keith Overcash
Gary Saunders
DAQ Central Files
Fayetteville Regional Office
Regional Supervisors
. •.• State of North Carolina
Department of Environment, -Health and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form / Survey
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
General Permit - Liquid Animal Waste Operations
The following questions have been completed utilizing information on file with they
'='C:)
Division. Please review the information for completeness and make any correctiog
which are appropriate. If a question Lno n�co, ed by the Division, plea R
���6 'an��estion =
v�
complete as best as possible. unanswered.
Application Date: V6-
F��L'f' tt_l.t
I. REQUIRED ITEMS CHECKLIST
� G
i
Please indicate that you have included the following required iterris `b'y sgning your initials in the space provided next to each
item.
Applicants Initials
l . One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
2. Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is disposed;
3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does
not have a CAWMP, one must be completed prior to submittal of a general permit application
C_
for animal waste operations.
II. GENERAL INFORMATION:
1. Farm's name: Circle Q Farms Inc Finishing
2. Print Land Owner's name: _-Cirde-0. Forms Inc
3. Land Owner's Mailing address: 526 Works Farm Rd
City: Warsaw NC Zip;
Telephone Number: 910-293-3524
4. County where farm is located:
5. Farm Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy
of a county road map with the location of the farm identified): Location: approx. 2500 feet NW of intersection of SR_403
and SR 1748 west of Faison.
6. Print Farm Manager's name (if different from Land Owner): Craig Quinn
7. Lessee's / Integrators name (if applicable; please circle which type is Iisted): Circle
82-3
FORM: AWO-G-E 2/26/97 Page I of 3
a 4'•
Ill. OPERATION INFORMATION:
1. Farm No.: 82-3
2. Operation Description: Swine operation
Feeder to Finish
5760 - Certified Design Capacity
Is the above information correct? ® yes; F—I no. If no, correct below using the design capacity of the facility
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
0 Wean to Feeder
0 Feeder to Finish
0 Farrow to Wean (# sow)
0 Farrow to Feeder (# sow)
0 Farrow to Finish (# sow)
0 Layer 0 Dairy
0 Non -Layer 0 Beef
0 Turkey
Other Type of Livestock on the farm: No. of Animals:
3. Acreage cleared and available for application: 87.00 ; Required Acreage (as listed in the CAWMP): *3— 4a-91
4. Number of Lagoons: Z ; Total Capacity: I t W 00 N Cubic Feet (ft3)
Number of Storage Ponds: n ; Total Capacity: 0 Cubic Feet (ft3)
5. Is animal waste being applied on any field which has subsurface drains? YES or Co
please circle one)
6. Are subsurface drains present in the vicinity of or under the lagoon? YES orplease circle one)
IV. APPLICANT'S CERTIFICATION:
I, M - 0k;S Qw;y1
(Land Owner's name listed in question II.2), attest that
this application for C r rc.i c Q r..",s , 2^g• r, N rit, ,�,C (Farm name listed in question II.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned to me al incomplet .
JN
n_
Signature
Date 0-1 9— L — 11
V . MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
I, (Manager's name listed in question I1.6), attest that this
application for (Farm name listed in question 11.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature
Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: (919) 733-5083
FORM: AWO-G-E 2126/97 Page 2 of 3
ANIMAL WASTE UTILIZATION PLAN
Producer: CRAIG QUINN
Location: 526 WORKS FARM RD.
WARSAW. NC 28398
Telephone: (910)293-3524
Type Operation: Existing Feeder to Finish Swine
Number of Animals: 5760.00 hogs
(Design Capacity)
STORAGE STRUCTURE: Anaerobic Waste Treatment Lagoon
APPLICATION METHOD: Irrigation
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface water and/or
groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops
in the fields where the waste is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application cycle. Annual soil
tests are strongly encouraged so that all plant nutrients can be
balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner:
1. Always apply waste based on the needs of the crop to be
grown and the nutrient content of the waste. Do not apply
more'nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration
rates, leaching potentials, cation exchange capacities, and
available water holding capacities.
3. Normally waste shall be applied to land eroding at less than
5 tons per acre per year. Waste may be applied to land
eroding at 5 or more tons per acre annually, but less than
10 tons per acre per year providing that adequate filter
strips are established.
4. Do not apply waste on saturated soils, when it is raining,
or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed
under DWQ regulations.
Page: 1
ANIMAL WASTE UTILIZATION PLAN
5. Wind conditions should also be considered to avoid drift and
downwind odor problems.
6. To maximize the value of the nutrients for crop production
and to reduce the potential for pollution, the waste should
be applied to a growing crop or applied not more than 30
days prior to planting a crop or forages breaking dormancy.
Injecting the waste or disking will conserve nutrients and
reduce odor problems.
This plan is based on the waste application method shown above. if
you choose to change methods in the future, you need to revise this
plan. Nutrient levels for different application methods are not the
same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage
requirements should be based on the waste analysis report from your
waste management facility. In some cases you may want to have plant
analysis made, which could allow additional waste to be applied.
Provisions shall be made for the area receiving waste to be flexible
so as to accommodate changing waste analysis content and crop type.
Lime must be applied to maintain pH in the optimum range for specific
crop production.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC 2H .0217 adopted by the Environmental
Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
5760 hogs x 1.9 tons waste/hogs/year = 10944 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
5760 hogs x 2 A -lbs PAN/hogs/year = 13248 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan time
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
Page: 2
ANIMAL WASTE UTILIZATION PLAN
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
10298
1
WaB
BH
5.5
275
0
32.42
8915.5
I '
MAR-OCT
10298 P SG 1 1 150,0
II >
132.4211621
SEP-MAY
10298 5 jGoA BH 6.5 ,325., 0
i
110.0913279.25
MAR-OCT
10298 1-5 1 SG 1 1-90 0
I
110.091504.5
SEP-MAY
END I
TOTAL114320.2
- Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
NOTE: The applicator iscautioned that P and K may be over applied
while meeting the N requirements. In the future, regulations may
require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This plan
only addresses nitrogen.
Page: 3
ANIMAL WASTE IITILIZATION PLAN
TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land.
See required specification 2.)
TRACT
FIELD
SOIL TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
END
TOTAL 10
Indicates that this field is being overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
In interplanted fields (i.e. small grain, etc, interseeded
in bermudagrass), forage must be removed through grazing,
hay and/or silage. Where grazing, plants should be grazed
when they reach a height of six to nine inches. Cattle
should be removed when plants are grazed to a height of four
inches. In fields where small grain, etc, is to be removed
for hay or silage, care should be exercised not to let small
grain to reach maturity, especially late in the season (i.e.
April or May). Shading may result if small grain gets too
high and this will definitely interfere with stand of
bermudagrass. This loss of stand will result in reduced
yields and less nitrogen being utilized. Rather than
cutting small grain for hay or silage just before heading as
is the normal situation, you are encouraged to cut the small
grain earlier. You may want to consider harvesting hay or
silage two to three times during the season, depending on
time small grain is planted in the fall.
The ideal time to interplant small grain, etc, is late
September or early October. Drilling is recommended over
broadcasting. Bermudagrass should be grazed or mowed to a
height of about two inches before drilling for best results.
Page: 4
ANIMAL WASTE UTILIZATION PLAN
** Acreage figures may exceed total acreage in fields due to
overseeding.
* lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The fallowing legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
PER UNIT
BH
SG
HYBRID BERMUDAGRASS-HAY
SMALL GRAIN OVERSEEDED
TONS
AC
50
50
TABLE 1
TABLE 2
TOTAL
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
42.51
14320.25
0
0
42.51
14320.25 `.
* BALANCE
-1072.25
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
0
Page: 5
ANIMAL WASTE UTILIZATION PLAN
*** This number must be less than or equal to 0 in order to fully
utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than the
acres shown in the tables.
See attached map showing the fields to be used for the utilization of
animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient
rich and will require precautionary measures to prevent over application
of nutrients or other elements. Your production facility will produce
approximately 2131.2 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 10555
pounds of PAN to utilize. Assuming you apply this PAN to hybrid
bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you
will need 35.52 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you -will need 85.248 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25% depending on your
sludge waste analysis, soil types, realistic yields, and application
methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the
soil at the time of irrigation such that runoff or ponding occurs. This
rate is limited by initial soil moisture content, soil structure, soil
texture, water droplet size, and organic solids. The application amount
should not exceed the available water holding capacity of the soil at the
time of irrigation nor should the plant available nitrogen applied exceed
the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan,
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
Page: 6
ANIMAL WASTE UTILIZATION PLAN
amounts of nitrogen shown in the tables may make this plan invalid.
The following table is provided as a guide for establishing application
rates and amounts.
Tract
Field
Soil Type
Crop
Application Rate
(in/hr)
Applic. Amount
(inches)
10298
1
WaB
BH
0.60
*0.96
10298
5
GoA
BH
0.50
*1.30
10298
-1
SG
10298
-5
SG
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied. In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil
conditions.
Your facility is designed for 180.00 days of temporary storage and the
temporary storage must be removed on the average of once every 6.00
months. In no instance should the volume of the waste be stored in
your structure be within the 25 year 24 hour storm storage or one foot
of freeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply the
correct rates to the acres shown in Tables 1 and 2. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may
make this plan invalid.
Call your technical specialist after you receive the waste analysis
report for assistance in determining the amount of waste per acre and
the proper application rate prior to applying the waste.
NARRATIVE OF OPERATION
Page: 7
WASTE IITILIZATION PLAN
REQUIRED SPECIFICATIONS
I. Animal waste shall not reach surface waters of the state by
runoff, drift, manmade conveyances, direct application, or
direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited.
2. There must be documentation in the design folder that the
producer either owns or has an agreement for use of adequate
land on which to properly apply the waste. If the producer does
not own adequate land to properly dispose of waste, he/she shall
provide a copy of an agreement with a landowner who is within a
reasonable proximity, allowing him/her the use of the land for
waste application. It is the responsibility of the owner of the
facility to secure an update of the Waste Utilization Plan when
there is a change in the operation, increase in the number of
animals, method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the
nitrogen needs for realistic crop yields based on soil type,
available moisture, historical data, climatic conditions, and
level of management, unless there are regulations that restrict
the rate of application for other nutrients.
4. Animal waste shall be applied to land eroding less than 5 tons
per acre per year. Waste may be applied to land that is eroding
at 5 or more tons, but less than 10 tons per acre per year
providing grass filter strips are installed where runoff leaves
the field. (See FOTG Standard 393 -Filter Strip)
5. Odors can be reduced by injecting the waste or disking after
waste application. Waste should not be applied when there is
danger of drift from the irrigation field.
6. When animal waste is to be applied on acres subject to
flooding,. it will be soil incorporated on conventionally tilled
cropland. When applied to conservation tilled crops or
grassland, the waste may be broadcast provided the application
does not occur during a season prone to flooding. (See "Weather
and Climate in North Carolina" for guidance.)
7. Liquid waste shall be applied at rates not to exceed the soil
infiltration rate such that runoff does not occur offsite or to
surface waters and in a method which does not cause drift from
the site during application. No ponding should occur in order
to control odor or flies.
8. Animal waste shall not be applied to saturated soils, during
rainfall events, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in such
a manner that the crop is not covered with waste to a depth that
would inhibit growth. The potential for salt damage from animal
waste should also be considered.
Page; 8
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
10. Waste nutrients shall not be applied in fall or winter for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils should be
held to a minimum and a suitable winter cover crop planted to
take up released nutrients. Waste shall not be applied more
than 30 days prior to planting of the crop or forages breaking
dormancy.
11. Any new swine facility sited on or after October 1, 1995 shall
comply with the following: The outer perimeter of the land area
onto which waste is applied from a lagoon that is a component of
a swine farm shall be at least 50 feet from any residential
property boundary and from any perennial stream or river (other
than an irrigation ditch or canal. Animal waste other than
swine waste from facilities sited on or after October 1, 1995),
shall not be applied closer than 25 feet to perennial waters.
(See Standard 393 - Filter Strips).
12. Animal waste shall not be applied closer than 100 feet to
wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property
and public right-of-ways.
15. Animal waste shall not be discharged into surface waters,
drainageways, or wetlands by a discharge or by over -spraying.
Animal waste may be applied to prior converted cropland provided
they have been approved as a land application site by a
"technical specialist". Animal waste shall not be applied on
grassed waterways that discharges directly into water courses,
and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from
the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into the
animal waste management system.
17. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments, berms,
pipe runs, etc.). Areas shall be fenced, as necessary, to
protect the vegetation. Vegetation such as trees, shrubs, and
other woody species, etc., are limited to areas where considered
appropriate. Lagoon areas should be kept mowed and accessible.
Berms and structures should be inspected regularly for evidence
of erosion, leakage or discharge.
Page: 9
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
18. If animal production at the facility is to be suspended or
terminated, the owner is responsible for obtaining and
implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19. Waste handling structures, piping, pumps, reels, etc., should
be inspected on -a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept on
site.
20. Animal waste can be used in a rotation that includes vegetables
and other crops for direct human consumption. However, if
animal waste is used on crops for direct human consumption it
should only be applied preplant with no further applications of
animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and
bottom elevations of the temporary storage (pumping volume) of
all waste treatment lagoons. Pumping shall be managed to
maintain the liquid level between the markers. A marker will
be required to mark the maximum storage volume for waste
storage ponds.
22. Waste shall be tested within 60 days of utilization and soil
shall be tested at least annually at crop sites where waste
products are applied. Nitrogen shall be the rate - determining
element. Zinc and copper levels in the soils shall be
monitored and alternative crop sites shall be used when these
metals approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste
analysis records shall be kept for five years. Poultry dry
waste application records shall be maintained for three (3)
years. waste application records for all other waste shall be
maintained for five (5) years.
23. Dead animals will be disposed of in a manner that meets North
Carolina regulations.
Page: 10
ANIMAL WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm:CIRCLE Q
Owner/Manager Agreement
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the
approved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the
North Carolina Division of Water Quality (NCDWQ) before the new
animals are stocked. I (we) also understand that there must be no
discharge of animal waste from this system to surface waters of the
state from a storm event less severe than the 25-year, 24--hour
storm. The approved plan will be filed on -site at the farm office
and at the office of the local Soil and Water Conservation District
and will be available for review by NCDWQ upon request.
Name of Facility Owner: CRAIG QUINN
(Please print
� . 6
Signature: Date:
Name of Manager(I€ different from owner):
Signature:
Date:
Name of Person Preparing Plan: (Please print)Wilson Spencer
Affiliation:NRCS Phone No.
Address (Agency): 84 County Complex Rd.
Clinton NC 28328
Signature: Date:
Page: 11
ANIMAL WASTE UTILIZATION PLAN
ANIMAL WASTE UTILIZATION AGREEMENT
(Needed only if additional land has to be leased, etc.)
I, hereby give
permission to apply animal waste from his Waste Utilization System
on acres of my land for the duration of time shown below.
The field(s) on which waste can be applied are shown on the
attached map.
I understand that this waste contains nitrogen, phosphorous,
potassium, and other trace elements and when properly applied
should not harm my land or crops. I also understand that the use
of waste will reduce my need for commercial fertilizer.
Adjacent Landowner:
Waste Producer:
Technical Representative:
SWCD Representative:
Term of Agreement:
Date:
Date:
Date:
Date.
,I9 to
(Minimum of Ten Years on Cost Shared Items)
(See Required Specification No. 2.)
Page: 12
ANIMAL WASTE UTILIZATION PLAN
STATE OF NORTH CAROLINA
COUNTY OF
I,
Public of said County, do hereby certify that
a Notary
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
WITNESS my hand and official seal this
, 19
My commission expires
(SEAL)
day of
Notary Public.
Page: 13
ANIMAL WASTE UTILIZATION PLAN
Waste Utilization - Third Party Receiver_AQreement
I, hereby agree to apply waste
generated by in a manner that meets the
Waste Utilization Standard (633), or use an alternative waste
utilization system that has been accepted in writing by the
Division of Water Quality.
Third Party Receiver:
Date:
Term of Agreement: to
(Minimum Ten Years on Cost -Shared Items)
STATE OF NORTH CAROLINA
COUNTY OF
I,
Public of said County, do hereby certify that
a Notary
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
WITNESS my hand and official seal this day of
19
My commission expires
(SEAL)
Notary Public.
Page: 14
m
7j�
P.
ir
4Arf..
.......... .........
Jh
AN3- " WASTE MANAGi'*i_ NT PLA2i CERTIFICATION FOR =ISTT_NG FEEDLOTS
Please return the completed form to the Division. of Environmental Management at
the address on the reverse side of this fora.
Name of farm (Please print): t^
Mailing Address: -
Phone No.:
County (of farm):
Farm location: Latitude and Longitude: A�q 4-0 /-a f -6-Z(required) ?.lso,
please attach a copy of a county road map with location identiffiew.
'hype of operation (swine, layer, dairy, etc.):
Some -
Design capacity (numher of animals) e',O ccdr•- - 6j'. A
Average,size of operation (12 month population avg.): _
Average acreage needed for land application of 'waste (acres) 43.0
Technical Specialist Certification
As a technical specialist designated by the north Carolina Soil and :dater
Conservation Commission pursuant to 15A NCAC 5F .0005, I certify that the
existing animal waste management system for the farm named above has an animal
waste management plan that meets the operation and maintenance standards and
specifications of the Division of Environmental Management and the USDA -Soil
Conservation Service and/or the North Carolina Soil and Water Conservation
Commission pursuant to I5A i1CIC 2H.02I7 and I5A NCzC 6F .0001-.0005. The
following elements and their corresponding minimum criteria have been verified
by me or other designated technical specialists and are included in the plan as
applicable: minimum separations (buffers); adequate quantity and amount of land
for waste utilization (or use of third party); access or ownership of proper
waste application equipment; schedule for timing of applications; application
rates; loading rates; and the control - of the discharge of pollutants from
stormwater runoff events less.severe than the 25-year, 24-hour storm.
Name of Technical Specialiit. jPlease Print? = C (�S,��b� 5ye t-F-L'-
Affiliation (Agency): C S c
Address: O- �! �3aDPhone
Signature: X4 Dater ) _
Owner/Manager Agreement
I (we) understand the operation an maintenance procedures established in the
approved animal waste management plan for the farm named above and will implement
these procedures. I (we) know that any.expansion to the existing design capacity
of the waste treatment and storage system or, construction of new facilities will
require a new certification to be submitted to the Division of Environmental
Management before the new animals are stocked. I (we) also understand that there
must be no discharge of animal waste from this system to surface waters of the
state either directly through a man-made conveyance or through runoff from a
storm event less severe than the 25-year, 24-hour storm. The approved plan will
be filed at the farm and at the office of the local Soil and Water Conse*-vation
District. /�
Name of L OFrnar Tease Print} cr'w Q inV1
t
Signature: '��`'� V "� _ Date:
5
Name of Manager, if different from owner (Please print):
Signature:Date:
Note: A change in land ownership requires notification or a new certification
(if the approved plan is changed) within 60 days of a title transfer.
DE4 USE ONLY: ACE-9