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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