HomeMy WebLinkAbout820388_CORRESPONDENCE_20171231NUH I H UAHULINA
Department of Environmental Qual
. A.�
NC DEN
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 31, 2009
Michael Spell
Michael Spell Hog Farm
1317 Chancey Rd
Clinton, NC 28328
Subject: Application for Renewal of Coverage for Expiring State General Permit
Dear Permittee:
AUG O a 200
OBRR- FAYETTE11 LLE REGIONAL OF{iCE
Dee Freeman
Secretary
This is a follow-up to our March 3, 2009 letter requesting an application from your facility for the continued coverage under one of the
Animal Waste Operation State Non -Discharge General Permits. Current General Permits expire on September 30, 2009. Copies of the
new General Permits are available at http:/Ih—)o.enr.state.nc.uslaps/afou/atsylications.htm or by writing or calling:
NCDENR — DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: (919) 733-3221
In order to assure vour continued coverage under theStateNon-Discharge General Permits, you must submit angpplication for permit
coverage to the Division. Enclosed you will find a `Request for Certificate of Coverage Facility Currently Covered by an Expiring
State Non -Discharge General Permit.' The application form must be completed and returned by September 3, 2009. Please note_ you
must include two (2) copies of vour most recent Waste Utilization Plan with the application form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel
free to contact the Animal Feeding Operations Unit staff at 919-733-3221.
Sincerely,
l.f
Ted L. Bush, Jr., Chief
Aquifer Protection Section
Enclosures
cc (w/o enclosures): Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files 820388
Murphy -Brown, LLC
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636 One
Location: 2728 Capital Boulevard, Raleigh. North Carolina 27664 North Carolina
Phone: 919-733-3221 1 FAX 1: 919-715-0588; FAX 2: 919.715-60481 Customer Service: 1-877 623-6748
Internet: wwwmwateraualitv.org Naturally
An Equat ppponunq, Affirtnahve .Action Enplayer
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael Spell
1317 Chancey Road
Clinton, NC 28328
SUBJECT: Request for Information
Michael Spell Hog Farm
FAC. # 82-0388
PERMIT # AWS820388
Dear Mr. Spell:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 12, 2008
Coleen Sullins, Director
Division of Water Quality
A number of missing forms were noted on an inspection of your facility
conducted on December 31, 2007. As specified in your permit, the Division of Water
Quality requests that you submit a copy of the following items from calendar year 2007
to the Fayetteville office at the address below by March 14, 2008. If you have any
questions please contact me at 910-433-3333 or Steve Guyton at 910-303-0151 (cell).
1- IRR1 and IRR2 pumping records
2- Rain fall, with post 1 inch event inspections
3- Crop yields from spray fields
4- Waste analyses
5- Soil sample reports from spray fields
6- Calibration of spray equipment from either 2006 or 2007
7- Sludge Survey
Sincerely,
.�� 4CA�
oan Schneier
Environmental Specialist
on`
NCarolina
Naturally
North Carolina DWQ/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300
FAX (910) 486-0707 Internet: h2o.enr.state.nc.us Customer service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper
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\A
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
Michael Spell
Michael Spell Hog Farm ��� 7 21
1317 Chancey Rd T
Clinton, NC 28328
Subject: Certificate of Coverage No. AWS820388
Michael Spell Hog Farm
Animal Waste Management System
Sampson County
Dear Michael Spell:
In accordance with your application received on 25-Jan-07, we are hereby forwarding to you this
Certificate of Coverage (COC) issued to Michael Spell, 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 Michael Spell Hog Farm, located in Sampson County, with an animal capacity of
no greater than the following swine annual averages:
Wean to Finish: 0 Feeder to Finish: 2940 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 I11.19 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 nay
careful attention to the record keeping and monitoring conditions in this permit.
rAhCarolina
)Vatll!'Q%ly
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterqualitv.om Location: 2728 Capital Boulevard
An Equal opportunilylAlfirmative Action Employer— 50% Recycledl10% post Consumer Paper
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.
w
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 CAWMP 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
Favetteville Regional Office. Aquifer Protection Section
AFO Unit Central Files
Permit File AWS820388
l
December 1, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael Spell
Michael Spell Hog Farm
1317 Chancey Rd
Clinton, NC 28328
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject: Application for Renewal of Coverage for Expiring NPDES General Permit
Dear Permittee:
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
DEC 06 M
ON-FAYETiMlIilE 0MLOFR[E
Your facility is currently approved for operation under one of the Animal Waste Operation NPDES General Permits, which expire on
July 1, 2007. Due to changes in federal rules, facilities that do not discharge nor propose to discharge may choose whether or not to
retain coverage under an NPDES General Permit. Copies of the draft animal waste operation NPDES general permits and the State
Non -Discharge General Permits are available at httpa/h2o.enr.state.nc.us/aps/afouJdownloads.htin or by writing or calling:
NCDENR — DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: (919) 733-3221
In order to assure your continued coverage under one of these two =es of general permits, you must submit an application for permit
covers a to the Division. Enclosed you will find a `Re nest for Certificate of Coverage Facility Currently Covered by an Expiring
NPDES General Permit.' The application form must be completed and returned b. January_ 2, 2007. Please note. you must include
two (2) copies of your most recent Waste Utilization Plan with the application form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation ofNCGS 143-215.1 and could
result in assessments of civil penalties of up to S25,000 per day.
If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to contact the
Animal Feeding Operations Unit staff at 919-733-3221.
Sincerely,
C
Ted L. Bush, Jr., Chief
Aquifer Protection Section
Enclosures
cc (w/o enclosures): Sampson County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files - 820388
Brown's of Carolina LLC
I�I�o�`thCarolina
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) � atupl;
Internet: www.ncwaterquality9� Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0589
Fax 2: (919) 715-6049
An Equal Qpportun4lA#firmative Action Employer- 509/6 Recycled11046 Post Consumer Paper Customer Service_ (877) 623-6749 f
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i
pF W A TFy Michael F. Easley, Governor
William G. Ross Jr., Secretary
D North Carolina Department of Environment and Natural Resources
7 �
17 Alan W_ Klimek, P.E. Director
Division of Water Quality
September 1, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. MICHAEL SPELL
MICHAEL SPELL HOG FARM
1317 CHANCEY ROAD
CLINTON, NC 28328
OENR-FA% T11 1LLEREt'-MWOFRGE
Subject: Phosphorus Loss Assessment Tool
Michael Spell Hog Farm
Permit Number NCA282388
Facility 82-388
Sampson County
Dear Mr. Spell:
The Division's records show that a completed PLAT Form has NOT been submitted for this facility. If
our records are in error please resubmit the completed PLAT Form for this farm.
There is a condition in your Animal Waste Management General NPDES Permit addressing the
completion of the Phosphorous Loss Assessment Tool for your animal feeding operation upon
notification by the Division of Water Quality (Division).
Your NPDES Permit Number NCA282388 Condition 1.6 states:
"If prior to the expiration date of this permit either the state or federal government
establishes Phosphorus loss standards that are applicable to land application activities at a
facility operating under this permit, the Permittee must conduct an evaluation of the facility
and its CAWMP under the requirements of the Phosphorus loss standards to determine the
facility's ability to comply with the standards. This evaluation must be documented on
forms supplied or approved by the Division and must be submitted to the Division. This
evaluation must be completed by existing facilities within six (6) months of receiving
notification from the Division.
The method of evaluation is the Phosphorous Loss Assessment Tool (PLAT) developed by NC State
University and the Natural Resources Conservation Service. PLAT addresses four potential loss
pathways: leaching, erosion, runoff and direct movement of waste over the surface. Each field must be
individually evaluated and rated as either low, medium, high or very high according to its Phosphorus
loss potential. The ratings for your farm must be reported to DWQ using the attached certification form.
The PLAT forms must be kept as records on your farm for future reference.
The Division's records show that you received the notification to conduct PLAT on July 14, 2005. To
avoid possible enforcement action for a violation of your permit, The Division of Water Quality requests
that the following items be addressed:
1, Carolina
)atmra!!y
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwatgquality.org Location: 2729 Capital Boulevard
An Equal OpportunitylAfimiative Action Employer— 50% Recyded110% Post Consumer Paper
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
1. Submit justification for not responding within 180 days of receipt of the PLAT notification
letter.
2. Consult with your technical specialist and submit a written schedule for completing the PLAT
evaluation.
Failure to comply with the above conditions may result in a civil penalty assessment for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation.
Please provide this office with a written response on or before September 30, 2006.
If you have any questions regarding this request, please do not hesitate to contact me by email at
duane.leith@ncmail.net or by phone at (919) 715-6186 or you may contact the Fayetteville Regional
Office at (910) 433-3300. Thank you for your cooperation.
Sincerely,
Duane Leith
Animal Feeding Operations Unit
cc: fayetteville`Regional_Officei
Facility File 82-388
May 11, 2006
MR. MICHAEL SPELL
MICHAEL SPELL HOG FARM
1317 CHANCEY ROAD
CLINTON NC 28328
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departrnent of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
MAY 12 2006
OM-FAYET1EVkLLE REGIONVALOFRGE
Subject: Phosphorus Loss Assessment Tool
Michael Spell Hog Farm
Permit Number NCA282388
Facility 82-388
Sampson County
Dear Mr. Spell:
The Division's records show that a completed PLAT Form has NOT been submitted for this facility. If
our records are in error please resubmit the completed PLAT Form for this farm.
There is a condition in your Animal Waste Management General NPDES Permit addressing the
completion of the Phosphorous Loss Assessment Tool for your animal feeding operation upon
notification by the Division of Water Quality (Division).
Your NPDES Permit Number NCA282388 Condition I.6 states:
"If prior to the expiration date of this permit either the state or federal government
establishes Phosphorus loss standards that are applicable to land application activities at a
facility operating under this permit, the Permittee must conduct an evaluation of the facility
and its CAWMP under the requirements of the Phosphorus loss standards to determine the
facility's ability to comply with the standards. This evaluation must be documented on
forms supplied or approved by the Division and must be submitted to the Division. This
evaluation must be completed by existing facilities within six (6) months of receiving
notification from the Division.
The method of evaluation is the Phosphorous Loss Assessment Tool (PLAT) developed by NC State
University and the Natural Resources Conservation Service. PLAT addresses four potential loss
pathways: leaching, erosion, runoff and direct movement of waste over the surface. Each field must be
individually evaluated and rated as either low, medium, high or very high according to its Phosphorus
loss potential. The ratings for your farm must be reported to DWQ using the attached certification form.
The PLAT forms must be kept as records on your farm for future reference.
The Division's records show that you received the notification to conduct PLAT on July 14, 2005. To
avoid possible enforcement action for a violation of your permit, The Division of Water Quality requests
that the following items be addressed:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.newateryualitv.org Location: 2729 Capital Boulevard
An Equal OpportunitylAffirmatW Action Employer— 50% Recycled110% Posl Consumer Paper
N.amQ,�` Carolina
�/VlltllT��lf
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
r
1. Submit justification for not responding within 180 days of receipt of the PLAT notification
letter.
2. Consult with your technical specialist and submit a written schedule for completing the PLAT
evaluation.
Failure to comply with the above conditions may result in a civil penalty assessment for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation.
Please provide this office with a written response on or before June 11, 2006.
If you have any questions regarding this request, please do not hesitate to contact me at (919) 715-6186 or
contact the Fayetteville Regional Office at (910) 486-1541. Thank you for your cooperation.
Sincerely,
Duane Leith
Animal Feeding Operations Unit
cc: Miy-ett ,VRH `RegionalOffice� A- PS
Facility File 82-388 '
o",0 W A rERp�
ca
❑ 'C
March 31, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MR. MICHAEL SPELL
MICHAEL SPELT. HOG FARM
1317 CHANCEY ROAD
CLINTON, NC 28328
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
RECEIVED
APR 0 3 2006
ON - FAYMEMLLE REG OVAL QFRGE
Subject: Phosphorus Loss Assessment Tool
Michael Spell Hog Farm
Permit Number NCA282388
Facility 82-388
Sampson County
Dear Mr. Spell:
The Division's records show that a completed PLAT Form has NOT been submitted for this facility. If
our records are in error please resubmit the completed PLAT Form for this farm.
There is a condition in your Animal Waste Management General NPDES Permit addressing the
completion of the Phosphorous Loss Assessment Tool for your animal feeding operation upon
notification by the Division of Water Quality (Division).
Your NPDES Permit Number NCA282388 Condition I.6 states:
"If prior to the expiration date of this permit either the state or federal government
establishes Phosphorus loss standards that are applicable to land application activities at a
facility operating under this permit, the Permittee must conduct an evaluation of the facility
and its CAWMP under the requirements of the Phosphorus loss standards to determine the
facility's ability to comply with the standards. This evaluation must be documented on
forms supplied or approved by the Division and must be submitted to the Division. This
evaluation must be completed by existing facilities within six (6) months of receiving
notification from the Division.
The method of evaluation is the Phosphorous Loss Assessment Tool (PLAT) developed by NC State
University and the Natural Resources Conservation Service. PLAT addresses four potential loss
pathways: leaching, erosion, runoff and direct movement of waste over the surface. Each field must be
individually evaluated and rated as either low, medium, high or very high according to its Phosphorus
loss potential. The ratings for your farm must be reported to DWQ using the attached certification form.
The PLAT forms must be kept as records on your farm for future reference.
The Division's records show that you received the notification to conduct PLAT on July 14, 2005. To
avoid possible enforcement action for a violation of your permit, The Division of Water Quality requests
that the following items be addressed:
twt
Carolina
ura!!y
Aquifer Protection section 1636 flail service Center
Internet: www.ncwater uali .or Location: 2728 Capital Boulevard
An Equal Opportun4lAffirmative Action Employer— 50% Recyded/10% Post Consumer Paper
Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Raleigh, NC 27604 Fax 1: (919) 715-0588
Fax 2: (919) 715-6048
Customer Service: (877) 623-6749
1. Submit justification for not responding within 180 days of receipt of the PLAT notification
letter.
2. Consult with your technical specialist and submit a written schedule for completing the PLAT
evaluation.
Failure to comply with the above conditions may result in a civil penalty assessment for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for any past or future violation. Furthermore, the Division of Water Quality has the authority to
levy a civil penalty of not more than $25,000.00 per day per violation.
Please provide this office with a written response on or before April 17, 2006.
If you have any questions regarding this request, please do not hesitate to contact me at (919) 715-6697 or
contact the Fayetteville Regional Office at (910) 486-1541. Thank you for your cooperation.
Sincerely,
Paul Sherman, Supervisor
Animal Feeding Operations Unit
cc: Fayetteville Regional Office
Facility File 82-388
O� W A 7'F9 " Michael F. Easley, Governor`
Q William G. Ross Jr., Secretary
Qf tjj EE flft North Carolina Department of Environment and Natural Resources
2003 Alan W. Klimek, P. E., Director
# Division of Water Duality
September 3, 2003
Michael Spell
Michael Spell Hog Farm
1317 Chancey Road
Clinton, NC
Subject: Certificate of Coverage No. NCA282388
Michael Spell Hog Farm
Swine Waste Collection, Treatment,
Storage and Application System
Sampson County
Dear Michael Spell:
In accordance
with your application received on September 2, 2003 we are hereby forwarding to you this
Certificate of Coverage (COC) issued to Michael Spell, 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 Michael Spell Hog Farm, located in Sampson County, with an animal capacity
of no greater than an annual average of 2,940 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. 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.
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.
r. ar
Non -Discharge Permitting Unit Internet httpJ/h2o.enr.state.nc.us/ndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919)715-6048
Customer Service Center Telephone 1-877-623-6748
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper
is
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 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
Water Quality Staff may be reached at 910-486-1541. If you need additional infornation concerning this
COC or the General Permit, please contact Michelle McKay at (919) 733-5083 ext. 544.
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)
Sampson County Health Department
,Fayettevi lle-Regional -Office; W ater. Qual i ty-Section-
Sampson County Soil and Water Conservation District
Permit File NCA282388
NDPU Files
08/27/2003 10:24
9105903092
PACE 02
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Animal Waste
Animal Waste Management System
Operator in Charge
Designation Forinu
Facility ID Numb-m- County
Oixrator in Cage �r C ��/
Home Mailing Address 919 C)7Rr Cif. / A. d
cityy ,, 22&n_ n p_ State�lrC'. Zip_
Certificate #o - Social Security Number `t
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Nisa To:
WPCSOCC
Division of Water Quality
1618 Mail Service Center
Raleigh, NC 276W1618
09/02/2003 16:09 9105903092 USDA PAGE 02
o'B'47/2003 15.20 919-715-6048 DW NON D150iffl& IN rpir a1101
Staff Of Nva ca you
Department of FlavhWXneAt aid Natural RMOWrM M
Dh1Slu13 of Water Q1
Animal Waste Msnagemmt Systems
NMES Short Form B F. dsfiAg FwWty 1,
;t
Pkm do not kwo a aW qoeWbn mnamowen& ,
9'
• y
Facility Nmaber.: 92 - SM or FermiC Nwnber. 388_ _
Landow ner's am= (must match the tmmn on dw C dtled Animal Wane Manag=w Plan) Mch el NO&
1 audvwrcer'fi AIlmt7iag add�trsx y317 Q M M Rd.
r Cdi, 5taft� CHNIM ZiP'
Telephone Number (Wd & ales 00de):9*
C=My wlmrc ft=1q is ioa►ood: ;
r
6 FaFM WROB9 h OR= C¢ diffVreNt tzom LMdowaer�.
Fa M Maoaumt W Fhm =*= (inclttdo atop tom):
abmrt a copy of ft mal reoe:n Waste UtMutim Plus for tib b dlity ubb thta sppllm*a The Ww M
ban nmst be dyed by thq owm and a tecWm aft.
attest that db appbction has bem revives d by me and is atatraw and eomnplete to tkte best of my m wkdge.
waif alltaiuhM pm of this applicdon ate not completed end tW if all reyaitsd suppoxoiog infbm ttion and eM
of udwI4 this Wbcab= package vM be mmmod to me as ozompletc- Note. 1n acmdom: •i* NC Gen
43-215_6A u d 143-21S.69, any Pea vko bowbWY mak= 2M falm sw= m, rcprwento6c 4 or ceztisc
pplmatkm shad be guilty of a Clara 2 =ivkMMM wift may include a fine not to exceed S10,00( as well as q
p to $Z5.0M per vyolatioa, (13 U.S.C. Section 1001 provides a padabmeat by a 5m of v : more d=
of not mole than 5 years, or both for it simiiffi oHwm)
Name of Signitf$ Official OAndoww, or if mVlttplo Landownus so lm:dow s should itEn. if
djgwfte d= M be by a principal v=tdve offices of the vo pondas0:
NEW Spd T'own
F
Da,
FJE 4O1tJrMM t'1FFUCA A TON SROU D HE SENT TO TBE FOLLOWING Elul. ?ZSS.-
NORTH CARDUNA DIVISION OF WATER QUAIM
WATER QUALITY SWnON
NON -MSC "GE PEA rrlr]NG lMT
1617 MAIL SMY CX CENTER
RALbIGlk NORTH CAROLINA 27699.1617
TH.]EiPHONE NUMM: (919) 733-sw FAX NUM3M' M9) 7154M
T`
• 'xY :i '
SHORT FORM B - ftlsUn_
08/27/2003 10:24 9105903092 LISDA PAGE e3
Notification of Change of ONvnership
Animal Waste Management FacUitp-
(Pkase nee or point a inforlaation d=+foes not require a siputtre)
In accordance with the requirements of 15A NCAC 2H .0317(a)(1)(H)(xii) th $ form is official
notification to. the Division of Water Quality (DWQ) of the tmsfer of ownership c 'an Animal Way
Management Facility. This form must be submitted to DEM no later titan 50 days fo lowirtg the transfer
of ownership_
nera3 rmati
Name of
Previous Owns
New Owner(s)
acility ivc :'Ra
hone No:.
hone No:. �'Ja - S d -3 y
Mailing Address: 12 19 LLOVC eZ K
Farm Location. Founeen Digit Hydrologic Unit:
Latitude and Longitude: . 0 Ilk 9 County' en
Please attach a copy of a county road map with location identified.and describe below- ;Be specific: road
names, directions, milepost. etc.). - �'q/ 9.609 40 �807Y1cr C ro_S /'bids ACZ2
QRer dom Description:
7}pe of striae No. ofAninrals
0 jYcact to Eider
,Feeder to Finish 0 e16
M Farrow to Wezo
Fa='V M Feeder
Fatrow to Finish
I;,pe of Foultry No. of Aninusls Tape of Car :c
:I Layer :I Dair
0 Pullets _ D Sn;i
jVo. ofAnunair
Other 7}pe of Livestock--Munber of -4 :bral .
Acreage Available for Application: 021 9-5 _ Required AcreaQc: ,.
Number of Lagoons / Storac a Ponds : Total Capacity: Cubic Feet (ft�)
Owner / Ma3naoer Agreement
I (we) verify three -all the above informadou is correct and will be apduod upon cbatigings- I (we) uaden and the operation and
maintenance procedures established in the approved animal waste mm g=e:it plan for do farm i rated above and will
implement these prordares. i (we) know that anv expansion to the existing design capacity of 6 waste treaanent mad
storage system or coastrucdoa of new facilities will requir. a mow certification to be subrtiittzd to -te Division of Water
Qualitv'(DWQ) before the new animals are stocked- I (we) understand that there must be no dischsrt: of animal waste from
the stc6ge or applid--tion system to surface waters of the state either directly dirbugh a man -glade con-vt ; ante or from a storm
event less severe than the s-y=, 24-hour storm and them must not be run-off from the application c-` %nimai was:c. 1(wc)
understand that run-off of pvIlutanrs from loutiains and heavy use areas must be ;minimized usie ; technicsl standards
developed by the Natural Resources Conservation Service. The approved plaa will bt-tiltd at the farm ad at the office of Elie
local Soil and Nate= Conservation Disai m l (we) know That any modification msst be approved by a t ciimical specialist and
submitted to the Soil and Water Conservation District prior to implementarion. .-k chancre in land owe. rsbio rtvuirtS cvnttea
notification to DWQ or a new cenification (if the approved plan is changed) within 64 days of a rifle tr:: 5fcr.
Name of s ' tiv Land 0-, er : i
Signature.' Date:
Name of Kanzger(if different from owner): _
Si;natu
Date -
Please sign and return this fore to: N. C. Division Of Water Quality
Wtiter Quality SCC60n. Compliance Group
Raleigh, yC 37626-05= 5
NCO — Alav wm
` State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Non -Discharge Permit Application Form RECEIVED
(THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGIAhDER QUALI iY SECTION
General Permit - Existing Liquid Animal Waste 0pWt�°��j98
The following questions have been completed utilizing information on file w� the D'visi��n�„. Please
review the information for completeness and make any corrections . _ _ _ Ii � ii�t1.°. If a
question has not been completed by the Division, please complete as best as possible. Do not leave
any question unanswered.
1. GENERAL INFORMATION:
1.1 Facility Name: -Simon -8pe9J4t ui M i o-na2 i _Qneik G irm _ -
1.2 Print Land Owner's name:
1.3 Mailing address: d
City, State: Clinton NC
Zip: 28328
Telephone r:umber (include area code): 9+&-5922ft:P5--
1.4 County where facility is located: Sampson _
1.5 Facility 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): Hwy. 701 south from Clinton to Butlers X-roads.
Turn lefi, farm is 1 mile on left.
1.6 Print Farm Manager's name (if different from Land Owner):.
L7 Lessee's / Integrator's name (if applicable; please circle which type is listed): 1 � `fILNI S
I.8 Date Facility Originally Began Operation: 05/18/92
1.9 Date(s) of Facility Expansion(s) (if applicable): oct
2. OPERATION INFORMATION:
2.1 Facility No.: 82_ (county number); �388 (facility number).
2.2 Operation Desc ption: Swine operation
F___
eeder to Finish
2940- Certified Design Capacity
Is the above information correct? yes; no_ , If no, correct below using the design capacity of the facility
The "No. of Animals" should be the maximum number for which the waste management structures were designed.
Type of Swine No. of Animals Type of Poultry No_ of Animals Type of Cattle No_ of Animals
Wean to Feeder Layer Dairy
Feeder to Finish Non -Layer Beef
Farrow to Wean (4 sow) Turkey .
Farrow to Feeder (# sow)
Farrow to Finish (# sow)
Other Type of Livestock on the farm: No. of Animals:
FORM: AWO-G-E 5/28/98 Page 1 of 4 82 - 388 ,, ,'
2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application
system):°' ('p-2*59' ; Required Acreage (as listed in the AWMP): 28.2
2.4 Number of lagoons/ storage ponds (circle which is applicable):
2.5 Are subsurface drains present within 100' of any of the application fields? YES or O (please circle one)
2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or O (please circle one)
2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCCS��Sttandards, etc.) (Swine Only)
0 Lf'5)or NO (please circle one)
What was the date that this facility's swine houses and lagoon were sited? 1—:23 —9=9
What was the date that this facility's land application areas were sited? W ` / _ 516 _-
3. REQUIRED ITEMS CHECKLIST ~
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
3.1 One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
3.2 Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is land applied;
3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). if the facility
does not have a CA WMP, it must be completed prior to submittal of a general permit
application for animal waste operations.
The CAWMP must include the following components:
Va:3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available
Nitrogen (PAN) produced and utilized by the facility.
3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation,
injection, etc.)
3.3.3 A map of every field used for land application.
3.3.4 The soil series present on every land application field.
33.5 The crops grown on every land application field.
3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP.
3.3.7 The PAN applied to every land application field.
3.3.8 The waste application windows for every crop utilized in the WUP.
3.3.9 The required NRCS Standard specifications.
3.3.10 A site schematic.
3.3.1 1 Emergency Action Plan.
11-3.3.I2 Insect Control Checklist with chosen best management practices noted.
3.13 Odor Control Checklist with chosen best management practices noted.
+-3.3.14 Mortality Control Checklist with the selected method noted.
,3,3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). 'Please be
sure to include any site evaluations, wetland determinations, or hazard classifications
that may be applicable to your facility.
,,3.3.16 Operation and Maintenance Plan.
If your CA WMP includes any components not shown on this list, please include the
additional components with your submittal.
FORM: AWO-G-E 5/28/98 Page 2 of 4 82 - 388
Ap2licants Initials
s s. --
SS.
RSC Wp,TER QUA' E sED toN
Facility Number: 82 - 388 1���
Facility Name: Simon Spell Farm i OI O 4
P I, 4-T ERTIFICATION: a Q$mibng
i tyo!-Discharg
11 f (Land Owner's name listed u2 question 1.2), attest that
this application for (Facility name listed in question 1.1)
�19Jhas been reviewed by me and is accurate and Wmplete 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 a returriect46 me ' complete.
Signature Date
5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
1, (Manager's name listed in question 1.6), attest that this
application for (Facility name listed in question 1.1)
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 inforration and attachments art- 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
NON -DISCHARGE PERMITTING UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: (919) 733-5083
FAX NUMBER: (919) 733-0719
FORM: AWO-G-E 5/28/98 Page 3 of 4 82 - 388
Animal Waste Management Plan Certification
Please tyre or print all information that does not require a sisnature
General Information:
Name of
No: 0 Z -- 3F?
Owner(s) Name: -3 i Ak otti Phone No: 9 to - S4 a - _2875
Mailing Address: �- j o 1 C h a J t�p� , L' �i n14& , A) C .93P4
Farm Location: County Farm is located in: �!qAcg5z>4
Latitude and Longitude: ° S 3r>" / 18' 19' 5S" Integrator: J 'r
Please attach a copy of a county road map with location identified and describe below (Be specific: road
names, directions, milepost, etc.): rTDnw Cl162:6 +LX 6 I•- uj -7o/ 5 -4
Oueration Description:
Type of Swine No. of Animals
O mean to Feeder
Feeder to Finish
0 Farrow to Wean
a Farrow to Feeder
• Farrow to Finish
• Gilts
• Boars
Type of Poultry napfOkIrDrypeofCartle
❑ Layer n L.W- t ❑ Dairy
❑ Pullets CI Beef
DE-3 _3 I
No. of Animals
Other Type of LWXIt#.nF�;limber of Anvnals:
Nan.";., h2T0 Cor;plia= Ent
Acreage Available for Application:_ Z L S 3 _ _ _ Required Acreage: zD
Number of Lagoons / Storage Ponds : 1 Total Capacity: Q Cubic Feet (0)
Are subsurface drains present on the farm: YES or NO (please circle one)
If YES: are subsurface drains present in the area of the LAGOON or SPRAY FIELD (please circle one)
Owner / Manager Agreement
I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation
and maintenance procedures established in the approved animal waste management plan for the farm named above and wU
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) understand that there must be no discharge of
animal waste from the storage or application system to surface waters of the state either directly through a man-made
conveyance or from a storm event Iess severe than the 25-year, 24-hour storm and there must not be run-off from the
application of animal waste. I (we) understand that run-off of pollutants from lounging and heavy use areas must be
minimized using technical standards developed by the Natural Resources Conservation Service. The approved plan will be
filed at the farm and at the office of the local Soil and Water Conservation District. I (we) know that any modification
mustbe approved by a technical specialist and submitted to the Soil and Water Conservation District prior to
implementation. A change in land ownership requires written notification to DEM or a new certification (if the approved
plan is changed) within 60 days of a title transfer.
Name of
Signature:
.Name of IV
ager(if different from owner):
Da
Signature: Date:
tz
-e,5/- IF -
AWC -- August 1, 1997
Technical Specialist Certification
L As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A
NCAC 6F .0005. I certify that the animal waste management system for the farm named above has an animal waste
management plan that meets or exceeds standards and specifications of the Division of Environmental Management
(DEW as specified in 15A NCAC 21-L0217 and the USDA -Natural Resources Conservation Service (MRCS) and/or the
North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-
.0005. The following elements are included in the plan as applicable. While each category designates a technical specialist
who may sign each certification (SD, SI, WUP, RC,1), the technical specialist should only certify parts for which they are
technically competent.
IL Cet ficati'on of Design
A) Collection. Storage. Treatment System
Check the appropriate box
Er"Existing facility without retrofit (SD or WUP)
Storage volume is adequate for operation capacity;
requirements.
storage capability consistent with waste utilization
❑ New. expanded or retrofitted facility (SD)
Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds,
have been designed to meet or exceed the minimum standards and specifications.
Name of Technical Specialist (Please Print):_
Affiliation a C 5 Date
Address (Agency):
ork Completed: 7- /y - 9Cd
jZfPhone No.:—:j9-2 - 7963
"IWAFA
B) Land Application Site (WUP)
The plan provides for minimum separations (buffers); adequate amount of land for waste utilization; chosen crop is
suitable for waste management; hydraulic and nutrient Ioading rates.
Name of Technical Specialist (Please Print): fl e-
Affiliation t5 Date Work Completed: 10
Address (Agency):
C) Runoff Controls from Exterior Lots
Check the appropriate box
Facility without exterior lots (SD or WUP or RC)
This facility does not contain any exterior lots.
Z Y Phone No.: Y 7l6 3
Date: 4 3f�5
0 Facility with exterior lots (RC)
Methods to minimize the run off of pollutants from lounging and heavy use areas have been designed in
accordance with technical standards developed by MRCS_
Name of Technical Specialist (Please Print): + 5MI
Affiliation AW C- S Date Work Completed: Id ` -I
"Address (Agency):
Signature: - -C
i. i
_Awr
AWC -- August 1, 1997 V 2
'0). AQplication and Handling Equipment
Che:-�Fx:isting
thpropriare box
x Q'li with existinguaste =licationgouipment (WUP or 1)
Animal waste application equipment specified in the plan has been either field calibrated or evaluated in
accordance with existing design charts and tables and is able to apply waste as necessary to accommodate the
waste management plan: (existing application equipment can cover the area required by the plan at rates not to
exceed either the specified hydraulic or nutrient loading rates, a schedule for timing of applications has been
established; required buffers can be maintained and calibration and adjustment guidance are contained as part of
the plan).
❑ New.�xpanded. prr existing facility without existing waste application equi m n for sprav irrigation. (1)
Animal waste application equipment specified in the plan has been designed to apply waste as necessary to
accommodate the waste management plan; (proposed application equipment can cover the area required by the
plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of
applications has been established; required buffers can be maintained; calibration and adjustment guidance are
contained as part of the plan).
Q Eew. expanded. or existing fa ' iiy without existing waste anp ication equipment for land spreadin1. not using
v irrigation. (WUP or I)
Animal waste application equipment specified in the plan has been selected to apply waste as necessary to
accommodate the waste management plan; (proposed application equipment can cover the area required by the
plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of
applications has been established; required buffers can be maintained; calibration and adjustment guidance are
contained as part of the plan). ,
Name of Technical Specialist (Please Print):
Affiliation pig 615 Date Work
Address (
Signature
pleted:� 10 - 31 - ! t
No.:
E) Odor Control. Insect_ Control. Mortality Management and Emer?encv Action PIan (SD.
SI. WUP. RC or D
The waste management plan for this facility includes a Waste Management Odor Control Checklist, an Insect
Control Checklist, a Mortality Management Checklist and an Emergency Action Plan. Sources of both odors and
insects have been evaluated with respect to this site and Best Management Practices to Nfinimize Odors and Best
Management Practices to Control Insects have been selected and included in the waste management plan. Both the
Mortality Management Plan and the Emergency Action Plan are complete and can be implemented by this facility.
Name of Technical Specialist (Please Print): rK n ct
Affiliation /yQCS _ _ _Date Work Completed:
Address (Agency): AY—' 13.24 Phone No.: 54 ,I - 7 9 L 3
Signature: Date: /0 `
F) Written Notice of New or ExpandingExpinding Swine Farm
The following Agnature block Is only to be used for new or expanding swine farms that begin construction after June
21, 1996. If the facility was built before June'-1, 1996, when was It constructed or last
expanded
I (we) certify that I (we) have attempted to contact by certified mail all adjoining property owners and all property owners
who own property located across a public 'road, street, or highway from this new or expanding swine farm. The notice was
in compliance with the requirements of NCGS 106-805. opy of the notice and a list of the property owners notified is
attached.
Name of Land Owner. 'e
Signature:�
Name of Manager (if different
owner):
- ;.
Date:
Signature: Date:
AWC -- August 1, 1997 3
III. Certification of Installation
A) Collection. Storage- Treatment Installation
New, expanded or retrofitted facility (Sl)
Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed
in accordance with the approved plan to meet or exceed the minimum standards and specifications.
For existing facilities without retrofits, no cert*ation is necessary.
Name of Technical Specialist (Please Print):
Affiliation Date Work Completed:
Address (Agency): Phone No.:
Signature: - Date:
B) Land Application Site (WUP)
Check the appropriate box
The cropping system is in place on all land as specified in the animal waste management plan.
❑ Conditional Approval: all required land as specified in the plan is cleared for planting; the cropping system
as specified in the waste utilization plan has not been established and the owner has committed to establish the
vegetation as specified in the plan by (mouth/day/year); the proposed cover crop is
appropriate for compliance with the wasteutilization plan.
O Also check this box if appropriate
if the cropping system as specified in the plan can not be established on newly cleared land within 30 days
of this certification, the owner has committed to establish an interim crop for erosion control;
Name of Technical Specialist (Please Print): 0 r-
Affiliation `J Date Work Completed: /D =`) ` 97
Address (Agency): i C_ Z 8 3.2 S Phone No.
This following signature block is only to be used when the box for conditional approval in III. B
above has been checked.
I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste utilization plan,
and if appropriate to establish the interim crop for erosion control, and will submit to DELI a verification of completion
from a Technical Specialist within 15 calendar days following the date specified in the conditional certification. I (we)
realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an
enforcement action from DEM.
Name of L d Owner:, i I
'
Signature:
Name of Manager (if different
owner):
Date: %-)r 23- 2
Signature: Date:
AWC -- August 1, 1997 4
'Q Runoff Controls from Exterior Lots (RC)
Facility with exterior lots
Methods to minimise the run off of pollutants from lounging and heavy use areas have been installed as specified
in the plan.
For facilities without exterior lots, no certification is necessary.
Name of Technical Specialist (Please Print):
Affiliation Date Work Completed:
Address (Agency): Phone No.:
Signature: Date:
D) AuRlication and Handling E ui ment Installation (WUP or I)
Check the appropriate block
U Animal waste application and handling equipment _speed in the plan is on site and ready for use;
calibration and adjustment materials have been provided to the owners and are contained as part of the plan.
G Animal waste application and handling equipment specified in the plan has not been installed but the owner
has proposed leasing or third party application and has provided a signed contract; equipment specified in
the contract agrees with the requirements of the plan; required buffers can be maintained; calibration and
adjustment guidance have been provided to the owners and are contained as part of the plan.
Cl Conditional approval: Animal waste application and handling equipment specified in the plan has
been purchased and will be on site and installed by (monthtdaylyear); there is adequate
storage to hold the waste until the equipment is installed and until the waste can be land applied in
accordance with the cropping system contained in the plan; and calibration and adjustment guidance have
been provided to the owners and are contained as pan of the plan.
of
Name of Technical Specialist (Please Print): , Sv, U Ir
.pleted:
le No.: �� _ 7 94 3
-I-he following signature block is only to be used when the box for conditional approval in lll D
above has been checked.
I (we) certify that I (we) have committed to purchase the animal waste application and handling equipment as
specified in my (our) waste management plan and will submit to DEM a verification of delivery and installation
from a Technical Specialist within 15 calendar days following the date specified in the conditional certification, I
(we) realize that failure to submit this verification is a violation of the waste management plan and will subject me
(us) to an enforcement action from DEIV,I_ ' n
Name of I
Signature'
Name of 1
Signature: Date:
E) Odor Control. Insect Control and Mortalitv Management (SD. SI. WUP. RC or
Methods to control odors and insects as specified in the Plan have been installed and are operational. The
rnomility management system as specified in the Plan has also been t talled and is operational.
Name of Technical Specialist (Please Print): C, w,' tit U- -
Affiliation Date Work Completed:
Address (Agency): AJC 273 2Z -Phone No.:
_.
Signature: � _ � Date: OF
AWC — August 1, 1997
Please return the completed form to the Division of Water Quality at the following address:
Department of Environment, Health, and Natural Resources
Division Of Water Quality
Nan -Discharge Branch, Compliance Unit
P.O. Box 29535
Raleigh, NC 27626-0535
Please also remember to submit a copy of this form along with the complete Animal Waste
Management PIan to the local Soil and Water Conservation District Office and to keep a copy
in your files with your Animal Waste Management Plan.
AWC -- August I, 1997 6
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ANIMAL WASTE UTILIZATION PLAN
----------------------------------------------------------------------
Producer: SIMON SPELL
Location: 2101 CHANCEY ROAD
CLINTON NC 28328
Telephone: 910-592-2875
Type Operation: Existing Feeder to Finish Swine
Number of Animals: 2940.00 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.
ro - 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.)
2940 hogs x 1.9 tons waste/hogs/year = 5586 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
2940 hogs x 2.3 lbs PAN/hogs/year = 6762 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 -
18.53
TIME
3798.65
6337
1
WaB
BP
4.1
205
0
I
MAR-OCT
6337 1 LeA BP 3.0 1150 0 4 1600
I MAR-OCT
6337 1 1303 BP 3.4 1170 0 6 11020
I MAR-OCT
6337 SG 1 150 0 128-5311426.5
I SEP-MAY
END
I
TOTAL f 6845.15
- - Indicates that this field is being. overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
NOTE: The applicator is cautioned 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
Nq
ANIMAL WASTE UTILIZATION 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
LES
COMM N
**
* LBS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
-------
APPLY
RESID.
APPLIC
METH
N
TIME
END
Indicates that this field is being overseeded (i.e. interplanted) or w
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.
** Acreage figures may exceed total acreage in fields due to overseeding.
- ---------
Page: 4
ANIMAL WASTE UTILIZATION PLAN
----------------------------------------------------------------------
* lbs AN 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
PER UNIT
50
50
BP
SG
HYBRID BERMUDAGRASS-PASTURE
SMALL GRAIN OVERSEEDED
TONS
AC
TABLE 1
TABLE 2
TOTAL
**
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
28.53
6845.15
0
0
28.53
6845.15
* BALANCE
-83.15
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
-
------------------------------ - - - - -------- - - - - -- - 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 1087.8 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 5439
pounds of PAN to utilize. Assuming you apply this P_kN to hybrid
bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you
will need 18.13 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 43.512 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25o 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)
App ic. Amount
(inches?
6337
1
WaB
BP
0.60
*0.96�
6337
1
LeA
BP
0.65
*0.95
6337
1
BOB
BP
0.75
*0.65
6337
--1
SG
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crcp 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 ir_stance 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 UTILIZATION 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 lb 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 50 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:SIMON SPELL FARM
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 Owne : SIMON SPELL
(Please print)
L
Signature:L'��Jl Date:�-
Name of Manager(If 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
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? SAMPSON COUNTY
I EMERGENCY ACTION PLAN
DIVISION OF WATER QUALITY (DWO)
EMERGENCY MANAGEMENT SERVICES (EMS)
SOIL & WATER CONSERVATION DISTRICT (SWCD)
NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
COOPERATIVE EXTENSION SERVICE (CES)
910-486--1541
910-592-8996
910--592-7§63
910-592-7963
910-592-7161
This plan will be implemented in the event that wastes from your
operation are leaking, overflowing, or running off the site. You should
NOT wait until wastes reach surface waters or leave your property to
consider that you have a problem. You should make every effort'to
ensure that this does not happen. This plan should be posted in an
accessible location for all employees at the facility. The following
are some action items you should take.
1. Stop the release of wastes. Depending on the situation, this may
or may not be possible. Suggested responses to problems are
listed below:
A. Lagoon overflow -possible solutions are:
a. Add soil to berm to increase elevation of dam, any
permanent alteration of the dam should be approved by a
qualified technical specialist.
b. Pump wastes to field at an acceptable rate.
c. Stop all additional flow to the lagoon --hold waste in the
house if possible.
d. Call a pumping contractor.
e. Make sure no surface water is entering lagoon.
B. Runoff from waste application field -action include:
a. Immediately stop waste application.
b. Create a temporary diversion or berm to contain the
waste.
c. Incorporate waste to reduce further runoff.
d. Evaluate and eliminate the reason(s) that caused the
runoff .
e. Evaluate the application rates for the fields where
runoff occurred.
C. Leakage from the waste pipes and sprinklers -action include:
a. Stop recycle (flushing system) pump.
b. Stop irrigation pump.
c. Close valves to eliminate further discharge.
e. Repair all leaks prior to restarting pumps.
D. Leakage from flush system, houses, solids separators -actions
include:
3
a. Stop recycle (flushing system) pump.
b. Stop irrigation pump.
c. Make sure no siphon effect has been created.
d. Stop all flows in the house, flush systems, or solid
separators.
e. Repair all leaks prior to restarting pumps.
E. Leakage from base or sidewall of lagoon. Often this is seepage
as opposed to flowing leaks -possible action:
a. Dig a small sump or ditch t❑ catch all seepage, put in a
submersible pump, and pump back into lagoon.
b. If holes are caused by burrowing animals, trap or remove.
animals and fill holes and compact with a clay type soil.
c. Have a professional evaluate the condition of the side
wails and the lagoon bottom as soon as possible.
2. Assess the extent of the spill and note any obvious damages.
a. Did the waste reach any surface waters?
b. Approximately how much was released and for what
duration?
c. Any damage noted, such as employee injury, fish kills, or
property damage?
d. Did the spill leave the property?
e. Does the spill have the potential to reach surface
waters?
f. Could a future rain event cause the spill to reach
surface waters?
g. Are potable water wells in danger (either on or off of
the property)?
h. How much reached surface waters?
3. Contact appropriate agencies.
a. During normal business hours, call your DWO (Division of
Water Quality) regional office, at 910-486-1541, after
hours, emergency number:919-733-3942. Your phone call
should include: YOUR NAME, FACILITY, TELEPHONE NUMBER,
THE DETAILS OF THE INCIDENT FROM ITEM #2 ABOVE, THE
EXACT LOCATION OF THE FACILITY, AND THE LOCATION ❑R
DIRECTION OF MOVEMENT OF THE SPILL, WEATHER AND WIND
CONDITIONS. THE CORRECTIVE MEASURES THAT HAVE BEEN UNDER
TAKEN, AND THE SERIOUSNESS OF THE SITUATION.
b. If spill leaves property or enters surface waters, call
local (EMS) Emergency Management Services at
910-592-8996.
c. Instruct EMS to contact local Health Department.
d. Contact local SAMPSON Soil and Water Conservation
District (SWCD), Natural Resources Conservation Service
(NRCS) office at 910-592-7963 and Cooperative Extension
Service (CES) at 910-592-7161 for advice/technical
assistance.
4. If none of the above works call 911 or the sheriffs Department
and explain your problem to them and ask that person to contact
the proper agencies for you.
ti
5. Contact
the contractor of your choice to
begin repair of the
problem
to minimize
off -site damage.
a.
Contractors
Name:
J;4-1( F2wry)5
b.
Contractors
Address:
I-b n
c.
Contractors
Phone:
6. Contact the technical specialist who certified the lagoon (MRCS,
Consulting Engineer, etc.) a. Name: dank 6a
b. Phone: — -
7. Implement procedures as advised by DWQ and technical assistance
agencies to rectify the damage, repair the system, and reassess
'the waste management plan to keep problems with release of wastes
from happening again.
B. If you are a contract swine grower associated with a swine
company integrator, contact the company representative at
9
Insect Control Checklist for Animal Operations
5uurce Cuusr HMPs to coulrol Inseels - Site Specific Practices
uili Syslctlls
Flush (iuttels • Awiniulalion (if solids P-"'Plnsh system is designed and operated
sufticienlly to remove accumulated solids from
gutters as designed.
1D-<(emove bridging of accumulated solids w
discharge
Lagoons and fits • Ciuslcd Solids aintain lagoons, setllitig basins and pits where
pest breeding is apparent to minimize Ilse
crusting of solids to a depth of no more Ihan b -
B inches over more Ihan ail% of surface.
dr-
�FxCCssivC Vc8ciative • Decaying vegetation Maintain vegetative control along hanks of
c iroivlli higoons and other impoundments to prevent
accumulation. of decaying vegetative matter
along water's edge on impoundment's perimelcr.
Dry Syslents
Fcc.lcr . • iced Spillage llesigu, operale and niairilaill feed systems (C.g•,
bunkers and troughs) to minimize Ilse
4CC11111111alion of decaying. wastage.
1Call up spilhlgc oil a rolllillC basis (e.g., 7 - 10
day interval (luring sumnlci; 15-30 day inlervid
during whiter).
Feed Sloragu ACC11r11tlla1i0115 of fCCd
Ines Xlteduce moisture accunitllation within and
around initllcltime perimeter of Iced SIOI'itge
areas by insuring drainage away from site
;and/or providing adequale conlainmew (e.g„
co red hill lilt brewer's grain anti similar high
oislure grain products).
Inspect lilr rnul reniove or break up ;iwimidated
solids in lilter ships around feed stural;C as
nettled.
e R I II" hI......... I—, 1 1 1006 Patoo t
Im
... Solace Cause
Animal I lolling Areas • Accumulations of animal wastes
and feed wastage
Dry Alamm: I iaodlinb 6 AcClll,ll,hllioltS of animal wastes n_
Systems
17
n
IIMPs to Control Iusecls -- Site Specific Practices
Eliminate low areas that trap moisture along
fences and oilier locations where waste
accumulates and disturbance by arcllnals is
minimal.
Maintain fence rows and filler strips arrnmd
animal holding areas to minimize
accumulations of wastes (i.e., inspect for and
remove or break up accumulated solids as
needed).
Remove spillage on a routine basis (e.g., 7 - 10
day interval during summer; 15-30 day interval
during winter) where manure is loaded for land
application or disposal.
Provide for adequate drainage around manure
stockpiles.
Inspect for and remove or break tip accumulated
wastes in filter strips around stockpiles and
manure handling areas as needed.
For more: inlunnation contact the Cooperative Extension Service, Department of !entomology, [lox 7613, North Carolina State I Iniversity,
Raleigh, NC, 27695-7613.
AKIIL: - November 11, 1996, Page 2
h
Swine Farm Waste Management Odor ' Control Checklist
Source Cause 111111's to (4lininlice Odor S(le Specific P_radices
f;,,Iualea�l + Swille produclioll IGV ;�Zvt:ad
lative orwooded buffers;
nlmended best management practices;
G it judgment and common sense
Anunal Body surfaces • Ditiy manure -covered aninmis a'Pry Roars
1•fuur "Ille.'Ces • Wcl nuunue-Covered flours lotted floors; -
erers located over slolted Moors;
F d rs at high end of solid floors;
rape manure boildop from flours;
tM erlloor ventilation for drying
A1a,uue Colleclion Ails • 11rinc; 'CKI"requent Inanure removal IIy Ihlsh, III( recharge,
• I'altial microbial decomposidon or W ape;
Vcntilati�ul cslriusl bins Voluble gases;
Dust
11111{Iur surl1uies
�I�IusII Ia11i.s
t Inderlloor ven(ilal ion
I'i1 tillnll'IIi11IL'e,
1:1 1 icat air movement
• Dust Wgshdown between grunps of animals;
'��i/ I illl(Illlves;
er covers;
Peed delivery downspmll Uxlelldels lio 1Ceder
• Agilalion of recycled lagoon 'Iff h link covers;
litlidd while lacks are filling lixlend fill lioes,lo near bollonl of lacks with
jull*-Sipholl vents
11.116sh alleys • Agilu(ion during; waslewnler f3-'_l)o oor flush with underfloor venlilalion,
conveyance
Pil,eih,n(:e puiuts • Agilulion ofrecycled lagoon Extend rcchurge lines to iwar hollom ol'pils
Iilplid while pits are filling with unli-siphon vellls
I.ili st;lli�nls • Agilalion during; sump I,mk C1 Sump tank covers _
lilliug; and drimlown
()utsi+l4 dr h, Agilalion during; wastewater n iiox covers
or jlulcrilnl hpXCS couvl:yance
•AAIt 1(, - November 11, 1996. Pi c 3
' .. _... - . ' - . ._i_._, licci Practices
- .
Saur�ee _ Cause aMi'S In Minimize (]dor 5ile ti Itcl[ic
End of drainpipes at Agitation during wastewater .fi Extend discharge Point of pipes underneath
lagoon conveyance I�oaa liquid level
I-agoeul surfaccs a Volatile gas emissions; ��Proper-lagoon liquid capacity;
• 11iological mixing; fC1 Co Gl lagoon startup Procedures;
• Agitation Mitritnllm surface area -to -volume ratio;
inimum agitation when flumping;
.N M nical acralion;
1'ren biological additives
hrigation sprinkler + -lnigh pressure agitation;
lit) ZrIe5 • Wlilddrift '
on dry days with little or no wind;
�T
M' ' rum recoutntt:nulell olrcraling pressure;
Pump intake near lagoon liquid surface;
C1 Pump from sccond-stage lagoon
Slowgc lank- n or Erisin • Pallial microbial decomlwsilioll; n Ilnllom or midlevel loading;
a Mixing while tilling;
C3 'funk covers;
• Agitation when emptying n Basin surface mats of solids;
Cl Proyen biological additives or oxidants
ScuGug basin ilifface 0 Parlial miaubiul decomposition; p-'Extend drainpipe outlets mrdemeadi liquid
• Mixing while filling; level;
• Agitation when emptying C1 Remove settled solids regularly
Al:ulme, slurry ur sludge • Agilatiou when spreading; i-1 Soil injection of slurry/sludges;
slaeadcr oullcts • Volatile: gas emissions Cl Wasll Midllal Manure from spreader aficr use;
I h1covered manure. • Volatile gas emissions
slurry or sludge uu licld drying
sill kwes
17-1 Proven biological additives or oxidants
11 Soil injection ul'shorylslndges
n Soil incorporation %vilhin 48 hrs.;
11 Spread in thin uniform layers for rabid rlryill ;;
LI Proven biological addilives or oxidants
Dead a Carcass decomposition .Cl l'rolsrr disposition of c;arcasse s
MEl�.ul aniulal d1,1)( Isa 0 Carcass decomposition Cl Complete covering of carcasses in bill ial pits;
l'lis f7 Proper localion/construction ofdislulsal pits
�InCIII a:i:duls + Incomplele: cumbuslion n Sccnndary slack limners
t%Nil ri: - t•luvumber 11. 1996, Page 4
Sous e e Cause IM1111% In Mhtindie Odor Site Specific Practices
Standing walcr aratuul a Improper drainage; Grade and landscape such that water drains
fue:iIiIirs . Microbial tlecottlposition of away from facilities
organic matter j
Manure trucked onto • Ieom ly maintained access roads fKr.arm access road maintenance
public roads Iiotn farm
access
Additional Information ; Availuble Rant
�S%vinc Hamm:Irlaaage:mem ; 0300 ItuleAIMP packet NCSI I, (`.aunty I:xlcnsinn C'cu[er
S+vine I'raduetiaa farlu POIClltlai Odor Sources and Itemedies ; FHAli Fact Sheet NCS11 - IIAI:
Swine Pnnttectiolt Facility Manure Management: Pit itecllurge - Lagoon Treutment ; F.11AF 129-88 NCSI I - HA li
Swine Ilmduction facility Jtiluntire: Management: Underfloor FUtsh - Lugoon'l�realment ; FRAR 129-8$ NCSI l - IlAli
I.ugnon Resign aad Management for Livestock Manure Treanurnt and Storage ; FBAF 103-83 N('SI I - HAI:
Ca lil►ratian of Manure: and Wastewalar Application i'sclnilvnent ; 1i11AF Fact Sheet NCS11 - I I A F
C(Plif ►lliag Odors cram Swine 1111ildings ; 11111-33 - TJ['SI1 - Swine lixtensir►o
latviremneemal Assttrunee Program ; NI111C Manual NC Pntk hothicers Assoc
Options li►r Managing Odor ; u report Isom the Swine Odor Task Force NC^Sl I Agri C'mmmmicatinns
NUisunce Centcerns in Animal Manure Management: Odors and Flies ; PRO107, 1995 Confe:re:nce Proceedings Flot ida Colyerative I?>;te:usian
AIM 1[' - 111WCueleer 11, 1996, Pale 5
M
`-Iortality Management `Methods
(check which methods) are being implemented)
1Z Burial three feet beneath the surface of the around within ?- hours after
kn wledae of the death. The burial must be at least 300 feet from any flowing
eam or public body of water_
Rendering at a rendering plant Iicensed uncle; G.S_ 106-I68.7
❑ Complete incineration
In the case of dead poultry only. placing in a disposal pit of a size and design
approved by the Department of Agriculture
J Any method which in the professional opinion of the State Veterinarian would
make possible the salvage of part of a dead animal's value without endangering
human or animal health. (Written approval of the State Vete: narian must be
attached)
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OPERATION & MAINTENANCE PLAN
Proper lagoon liquid management should be a year-round priority. It Is especially
important to manage levels so that you do not have problems during extended rainy and
wet periods.
Maximum storage capacity should be available in the lagoon for perms when the
receiving crop is dormant. (such as wintertime for bermudagrass) or when there are
extended rainy spells such as the thunderstorm season in the summertime. This means
that at the first signs of plant growth in the later winter/early springy irrigation according to
a farm waste management plan should be done whenever the land Is dry enough to
receive lagoon liquid. This will make storage space available in the lagoon for future wet
periods. In the late summer/early fall the lagoon should he pumped down to the low
marker (see Figure 2-1) to allow for winter storage. !:very effort should be made to
maintain the lagoon close to the minimum liquid level as long as the weather and waste
utilization plan will allow it.
Wafting until the lagoon has reached its nuximum storage capacity before starting to
irrigate does not leave room for staring excess water during extended wet periods.
Overflow from the lagoon far any reason except a 25-year, 24-hour storm is a violation of
state law and subject to penalty action.
The routine maintenance of a lagoon involves the following:
Maintenance of a vegetative cover for the dam.
Fescue or common bermudagrass are the most common vegetative
covers. The vegetation should be fertilized each year, if needed, to
maintain a vigorous stand. The amount of fertilizer applied should be
based on a soils test but in the event that it is not practical to obtain
a soils test each year, the lagoon embankment and surrounding areas
shouId be fertilized with 800 pounds per acre of 10-14-10, or
equivalent.
Brush and trees on the embarkment must be controlled_ This may be
done by mowing, spraying, grazing, chopping, or a combination of
these practices_ This should be done at least once a year and
possibly twice in years that weather conditions are favorable for
heavy vegetative growth.
NOTE: It vegetation is controlled by spraying, the herbicide must not be allowed to enter
the lagoon water. Such chemicals could harm the Bacteria in the lagoon that are treating
the waste.
Maintenance insper-tions of the entire lagoon should bo made during the Initial filling of
the lagoon and at ieast monthly and after major rainfall and storm events. Items to be
checked should include, as a minimum, the following:
Waste Inlet Pipes, Recycling Pipes, and Overflow Pipes --look for:
1 - separation of Joints ,
2. cracks or breaks
3. accumulation of salts or minerals
4. overall condition of pipes
Ugc�n surface —look For:
. , undesirable vegetative growth
2. j floating or lodged debris
Embankment --look for
•1 . •_ {settlement, cracking, or "jug" holes
2. fide slope stabilit"lumps or bulges
3. rett or damp areas an tine back slope
-4. osion due to lack of vegetation or as a result of wave action
S. rodent damage
Larger lagoons may,iJe subject to liner damage due to wave action caused by strong
winds. These waves can erode the lagoon sidewalls, thereby weakening the lagoon dam.
A good stand of vegetation will reduce the potential damage caused by wave action. if
wave action causes serious damage to -a lagoon stdewall, baffles in the lagoon may be
used to reduce the wave impacts.
Any of these features could lead to erosion and weakening of the dam. if your lagoon has
any of these fires, you should call an appropriate expert familiar with design and
construction of waste lagoons. You may need to provide a temporary frx if there is a threat
of a waste discharge. However, a permanent solution should be reviewed by the
technical expert. Any dig tng into a lagoon dam with heavy equipment is a serious
undertakIM4 with potentially serious consequences and should not be conducted unless
recommended by an appropriate technical expert.
Transfer Pumps•— heck for proper operation of.
1 . recycling pumps
2. irrigation pumps
Che& for leaks, loose fittings, and overall pump operation. An unusually loud or grinding
noise, or -a large amount of vibration; my indicate that the purnp-is in mead or repair or
replacement.
NOTE: Pumping systems should be inspected and operated fre. uently enough so that you
are not completely "surprised" by equipment failure. You should perform your pumping
system maintenance at a time when your lagoon is at its low level. This will allow some
safety time should major repairs be required. Haring a nearly full lagoon is not the time
to think.about switching, repairing, or borrowing pumps. Probably, if your lagoon is full,
Your neighbor's lagoon is full also. You should consider maintaining an inventory of spare
parts or pumps..
Surface water diversion features are designed to carry all surface
drainage waters (such as rainfall runoff, roof drainage, gutter outlets,
and parking lot runoft) away from your lagoon and other waste
treatment or storage structures. The only water that should be
coming from your lagoon is that which corms from your flushing
(washing) system pipes and the rainfall that hits the lagoon directly.
You should inspect your diversion system for the following;
1. adequate vegetation
2-. diversion capacity
3.1 ridge berm height '
identified prable, should be correcr� pro
during ar rmrriately followiri promptly. !t is advisable
det8rmirte proper solutions, consul eavy ram, 1f technical as�lstanceto iiissn Your system
You sir with apPrQpriate experts. to
r� ld record the level of the' la Dori just prior to when ~
e level again 4 to 5 hours aft en rain is Predicted
$ive you an idea of how much after the rain (assumes there is no pure, and then
(you must also be recording Your lagoon level will rise with a certain rainfall amorunrlir
plannl"4 irrigation applies ons and ur �stora for
t his to work). Knowrr� r
ave an �nfiayy Problem from a surface water er divers on or there $this should help in
I from the surrounding land. agoon rises excessively, You may . .
may � seepage into the
Lagoon Operation
Startup;
j- immediately after construction establish a complete sod cover on bare soil
surfaces to avoid erosion.
2. F'(11 new jagoon design treatment volume at least half furl of water before
waste Ding begins, taking care not to erode lining or barrlC slopes.
.3. Drain i es into the lagoon should have a flexible pipe extender on the
end Of me pipe to discharge near the bottom of the tag=n' during hiltial
filling or another mans of slowing the incoming water to avoid erc"s;an of
the fining.
4. When possible, begin loading new lagoons;n the spring to maximize
bacterial establishrrient (due -to warmor wcathpr).
S. It is recommended that a new lagoon be seeded with sludge from -a heady
working swine lagoon in the amount of 0.25 percent,of-the full lagoon
liquid volume. This seeding should occour at least two weeks prior to the
addition of wastewater.
6. Maintain a periodic check on the lagoon liquid pH. If the pH falls below
7.0, add agricultural lime at the rate of i pound per ' )CO cubic feet of
lagoon liquid volume until the pH rises above 7.0. 00timum lagoons Liquid
pH is between 73 and-B.O.
7. A dark Cofor, facie of bubbfing, and excessive odor signals inadequate
biological activity. Consultation with a technical specialist is recommended
if these conditions occur Tar prolonged periods, a"cially during the warm
season.
Loading:
The more frequently and regularly that wastewater 1s added to a lagoon, the better the
lagoon will function. flush syste,^K that wash waste into the lagoon several times daily are
optimum for treatment. Pit recharge systems, in which one or more buildings are drained
and recharged each day, also work well.
0 -
Practice water conservation --minimize building water.usage and
spillage from leaking waterers; broken pipes and washdown t"' ugh
proper maintenance and water conservatlon.
Minimize feed wastage and spiNage by keeping feeders adjuste� This
will reduce the amount of solids entering the lagoon I i
Management:
Maintain lagoon liquid level between the permanent storage level and
the full temporary storage level.
Place visible markers or stakes on the lagoon bank to show the
Minimum liquid level and the maximum liquid lever (Figure 2-1 j.
Start irrigating at the earliest possible date in the spring based on
nutrient requirements and soil moisture so that temporary storage
will be maximized for the summer thunderstorm season. Similarly,
irrigate in the late summerfearly fall to pravAe maximum lagoon
storage for the winter.
The lagoon liquid level should never be closer than 4 foot to the! lowest
point of the darn or embankment
Do not pump the lagoon liquid level lower -that the permanent storage
level unless you are removing sludge.
Locate float pump intakes approximately 18 inches underneath the liquid
surface and as far away from the drainpipe inlets as possible.
Prevent additions of bedding materials, long-stemmed forage or vegetation,
molded feed, plastic syringes, or other foreign materials into the lagoon.
Frequently remove solids from catch basins at end of confinement houses or
wherever they are installed.
Maintain strict vegetation, rodent, and varmint ceratrol near lagoon edges.
Do not allow trees or large busies to grow or: lagoon dam or embankment.
Remove sludge from the lagoon either when the Sludge storage Capacity is
full or before it rills 50 percent of the permanent storage volume.
If animal production is to be terminated, the owner is responsible for
obtaining and implementing a closure p,an to eliminate the possibility of a
pollutant discharge.
Sludge Removal:
Rate of lagoon sludge buildup can be re Iuc:ed by:
proper lagoon sizing,
mechanical solids separation of flushed waste,
grav y nettling of flushed -waste -solidi in an appropriately designed basin,. or.
minimizing feed wastage d spillage.
Lagoon sludge that is removed annuaH rather than stored long term. will:
have more nutrients,
have more odor, and
require more land to pro rly 'use the nutrients.
Removal techniques:
Hire a custom applicator. -
Mix the sludge and lagoon liquid with a chopper -agitator impeller '
pump through large -bore sprirtklerirrigation system onto nearby cropland;
and soil incorporate.
Dewater the upper part of lagoon by irrigation onto nearby cropland or
forageiand; mhc rerrta'tnia�g sludge: puts into li.9uid sludge applicator; haul
and spread onto cropland or foragel,ar:d; aced soil Incorporate.
Dewater the upper part of lagoon by irrigation onto nearby cropland or
iotageland; dredge sludge mom Iag�n with dragline or sludge barge; berm
an area beside lagoon to receive the sludge so that liquids can drain. back
into lagoon; allow sludge to dewater; haul and spread with manure spreader
onto cropland or fora0and; and soil Incorporate.
Regardless of the method, you must have the sludge material analyzed for waste
constituents just as you would your lagoon water. The sludge will contain different
nutrient and metal values from the liquid. The application of the sludge to fields wilt be
limited by these nutrients as well as any previous waste applications to that fie'_d and crop
.requirement Waste application rates will -be discussed in detail in. Chapter 3.
When removing sludge, you must also pay attention to the liner to prevent damage. Close
attention by the pumper or drag -line operator will ensure that the lagoon liner remains
intact. V you See soil material or the synthetic liner material being disturbed, you should
stop the activity immediately and not resume Until you are sure treat the sludge can be
removed without liner injury, If the liner is damaged it must be repaired as soon as
possible.
Sludge removed from the lagoon has a couch higher phosphorus and heavy meta, content
than liquid. Because of this it should probably be applied to land with low phosphorus
and metal levels, as indicated by a soil test, and incorporated to reduce the chance of
wosion, Note that if the sludge is applied to fields with very high soil -test phosphorus, it
should be applied only at rates equal to the crop removal of phosphorus. As with other
wastes, always have your lagoon sludge analyzed for its nutrient value.
The application of sludge will increase tAe amount of odor at the waste application site,
Extra precaution should be used to observe the wind direction and other cnnditlons which
could increase the concern of neighbors.
S
Possible Causes of Lagoon failure
` lagoon failures result in the unplanned discharge of wastewater from the structure. Types
of failures include teakaae through the bottom or sides, overtopping, and breach of the
dam. Assuming proper design and Construction, the owner has the responsibility for
ensuring structure safety. Items which. may lead to lagoon failures include-,
. Modification of the lagoon structure —an example is the placement of a pipe
in the darn without proper design and construction. irConsult an expert in
lagoon des;gn before placing any pipes in darns_)
Lagoon liquid levels —high levels are a safety risk.
Failure to inspect and maintain the dam.
Excess surface water flowing into the lagoon.
Liner integrity —protect from inlet pipe scouring, damage during sludge
removal, or rupture from lowering lagoon fiquid level below groundwater
table.
NOTE. ff lagoon water is allowed to overtop the dam, the moving -water will soon cause
gullies to form in the dam. Once this damage starts, it can quickly cause a large discharge
of wastewater and possible darn failure.
USDA
United States Natural 84 County Complex Road
Mw-- Department of Resources Clinton, NC 28328
Agriculture Conservation Phone 1910) 592-7963
Service
October 29, 1997
MR SIMON SPELL
2101 CHANCEY ROAD
CLINTON, NC 28328-9422
Dear MR SPELL:
This is to 'notify you that I have made a preliminary technical determination on field(s) shown
in Section II of the attached NRCS-CPA-026E ."HIGHLY ERODIBLE LAND AND
WETLAND CONSERVATION DETERMINATION" form. Listed field(s) contain wetland
with the labels/certifications as indicated. These areas meet the criteria of hydric soils,
wetland plant community, and soil or surface wetness (hydrology).
This wetland certification includes "other waters of the United States" as defined by the United
States Array Corps of Engineers. In order to assure your USDA program eligibility and
comply with the Clean Water Act, contact us or the
Sampson FSA office prior to performing the following activities:
- land clearing
- drainage (tile or open ditches) in areas other than within "PC" fields
- filling, leveling, or dredging
- any activity other than forestry practices involving "other waters of the United States"
If you do not participate in USDA farm programs and do not request NRCS technical
assistance, you need only to contact the US Army Corps of Engineers representative for
Sampson, Mr. Michael S. Taylor, Regulatory Branch, P.O. Box 1890, Wilmington, NC
28402. His phone number is 910-251-4634. He will assist you in obtaining necessary state
and federal permits for your planned activity within the wetland boundaries.
t
As a result of statutory and regulatory changes, the Natural Resources Conservation Service's
(NRCS) appeal process has changed. Under the new appeals process, this preliminary
technical determination will become final unless you request either of the following options in
writing within 30 days of the date of this letter:
(1) A field visit be made by our office to review with you the basis for our preliminary
technical determination, answer any questions you may have concerning the
determination, and to gather additional information from you concerning the
preliminary determination.
OR
(2) That mediation be used in an attempt to settle your concerns with the preliminary
technical determination. If you choose mediation, you must make arrangements for the
mediation process by contacting one of the mediators under contract to provide this
service. Mediation is a process in which a trained, impartial person (a neutral
mediator) helps look at mutual problems, identify and consider options, and determine
if we can agree on a solution. Unlike an appeal, mediation is private, confidential, and
informal. The mediator will help us work together, evaluate the information in your
case, and to identify alternatives that will assist us in resolving the dispute. The
mediator has no decision making authority. Unlike the appeal process, a mediator
cannot decide what is "right" or "make" anyone do anything. If the mediation is
successful, the mediator may help us reach an agreement and document it in writing.
The cost of mediation is $125 per hour. If you choose to use mediation, you can request that
the NRCS pay one half of the,reasonable costs associated with securing the mediation services.
If youchoose mediation please call us for the mediator list, then once you have made
arrangements with a mediator, notify us so we can make appropriate arrangements for
participating mi your mediation session.
A final technical determination will be issued within 30 days after the field visit (if one is
requested) or within 30 days following the completion of mediation. The final technical
determination, whether it is a result of the expiration of the 30 day period following receipt of
this preliminary technical determination or receipt of a final determination may only be
appealed to the Farm Service Agency, Sampson County Committee at the address below. We
will forward a copy of our administrative record to the county committee for their use in
deciding your appeal, should you decide to appeal our wetland determination to the county
committee.
Sampson County FSA Committee
80 County Complex Road
? . Clinton, NC 28328-4727
If you are the owner of the tract of land and have a tenant, I urge you to discuss this letter with
your tenant. Likewise, if you are the tenant of this tract of land, I urge you to discuss this
letter with your landlord.
t
C. Wilson pencer
District Conservationist
cc:
attachments
l � J
I.'5' DtPr)ARTMENT OF AGRICULTURE 0 NRCS-CPA-025E
NATURAL RESOURCES CONSERVATION SERVICE 8-95
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION
------------------------------------------------------------------------------
Name: SPELL, SIMON
County: Sampson County
Tract: 5337 Farm: SPELSI
Request Date: 10/23/97 FSA Farm No.:
--------------------------------
Section I - Highly Erodible Land
Fields in this section have undergone a determination of whether they were
highly erodible land (HEL) or not; fields for which an HEL Determination has
not been completed are not listed. In order to be eligible for USDA benefits,
a person must be using an approved conservation system on all HEL.
-------------------------------------------------------------------------
Field
HEL(Y/N)
Sodbusted(Y/N)
Acres
Determination Date
--.-------N--------------N
UN1
------------
-----------------
4.3
10/28/97
Section II - Wetlands
------------------------------------------------------------------------------
Fields in this section have had wetland determinations completed. See the
Wetlands Explanation section for additional information regarding allowable
activities under the wetland conservation provisions of the Farm Bill and
Section 404 of the Clean Water Act.
wetland
Determination
Certification
Field
Label
Acres
Date
Date
---------------------------------------------------------------------------
1
NW
15.5
04/11/93
Wetlands Not Certified
2
PC
4.0
04/11/93
Wetlands Not Certified
UN1
NW
4.3
10/28/97
wetlands Not Certified
------------------------------------------------------------------------------
Wetlands Explanation
------------------------------------------------------------------------------
?N'e -1.:n d
Label Explanatory'Comments
---------------------------------------------------------------- �-----------
U.S. DEPARTMENT OF AGRICULTURE NRCS-CPA-02GE
NATURAL RESOURCES CONSERVATION SERVICE 8-95
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION
-
Name: SPELL, SIMON Tract: 6337 Farm: SPELSI
County: Sampson County Request Date: 10/23/97 FSA Farm No.:
--------------------
Wetlands Explanation
Wetland
Label Explanatory Comments
NW Non -wetland;
Description: An area that does not meet wetland criteria under
natural conditions or wetlands that were converted prior to 12/23/85,
not cropped prior to 12/23/85, does not meet wetland criteria, and
has not been abandoned; Authorized cropping: No Restrictions;
Authorized Maintenance: No restrictions unless the manipulation
would convert adjacent wetland labels.
PC Prior Converted Cropland;
Description: An area that was drained, f illed or manipulated prior
to 12/23/85 and was cropped prior to 12/23/85 and was not abandoned
and does not meet farmed wetland criteria; Authorized Cropping: No
restrictions; Authorized Maintenance: No restrictions unless the
manipulation would convert adjacent wetland labels.
------------------------------------------------------------------------------
Remarks
------------------------------------------------------------------------------
I certify that the above determinations are correct and were conducted in
accordance with policies and procedures contained in the National Food
Security Act Manual.
Signature Designated Conservationist Date
WILSON Spencer /.iy/�- Oct 29, 1997
------------------ - �� w _ - ----------------------------------------
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All�USDA programsandservices are available without regard to race, color,
national origin, religion, sex, age, marital status, or handicap.
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U. S. Department of Agriculture
Soil Conservation Service
NC-ENG-34
September 1980
File Code: 210
HAZARD CLASSIFICATION DATA SHEET FOR DAMS
Landowner SIMNON SPELL County SAMPSON-
Community or Group No. Conservation Plan No.
Estimated Depth of Water to Top of Dam Ft, Length of Flood Pool Ft.
Date of Field Hazard Investigation_ .'R
Evaluation by reach of flood plain downstream to the point of estimated minor effect
from sudden dam failure.
Est. Elev.:Est. evation
Kind of :Improvements: of Breach
Reach: Length: Width: Slope: Land Use Improvements Above :Floodwater Above
Flood Plain: Flood Plain
Ft. Ft. % Ft. Ft.
1
2 .
3 .
Describe potential for loss of life and damage to existing or probable future downstream
improvements from a sudden breach A SUDDEN FAILURE OF STRUCTURE WILL NOT
ENDANGER LIFE OR DAMAGE PUBLIC TRANSPORTATION. THE LAGOON IS LOCATED IN A RURAL
AREA AND APPROX. 100+ FROJI a JRTB. T
Hazard Classification of Dam 6a) b, c) (see NEM-Part 520.21)
RV L
-9affi Classification (I, II,(SIV, V)
M
name
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Concurred By-o-�-�-�
name) (title
NOTE: 1. Instructions on reverse side.
2. Attach additional sheets as needed.
Date i
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O Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
2592 HOPE MILLS ROAD
FAYETTEVILLE, NC 28306
(910) 664-1920 / (910) 864 -8774 (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR - DWO
ADDRESS: 225 Green Street, #714
Fayetteville, NC 28301
CONTACT PERSON: Mr. L. Baxley
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1. Source - ID #03WE53404
NC #11
NC #37714
USDA #3787
DATE REC'D: 05/29/03 SAMPLED:,05/29/03
SAMPLED BY: L. Baxley
DELIVERED BY: H. White
SAMPLE CODE: WW 6 Stream, Grab
REFERENCE: Simon Spell Farm
2. Upstream-
ID #03WU53405
3. Downstream - ID #03WD53406
DATA REVIEWED BY:
DATE REPORTED: 06/09/03
ANALYSIS
METHOD
1
2
3
BOD (mg/L)
EPA
405.1
306
34.7
16.5
COLIFORM, FECAL (per 100
ml) SM18
9222D
35000
50000
34
NITRATE (mg/L)
EPA
353.3
<1
3.48
<1
NITRITE (mg/L)
EPA
353.3
<0.1
<0.1
<0.1
NITROGEN, AMMONIA (mg/L)
EPA
350.2
163
26.6
1.4
NITROGEN, TOTAL KJELDAHL
(mg/kg) EPA
351.2
207
30.8
3.08
PHOSPHORUS (mg/L)
EPA
365.2
22.6
2.93
0.078
COMMENTS: < = Less than
PAGE 1 OF 1
! ! � 3 2003
The data and other information contained on this, and other accompanying documents, represent only the M E M B E R
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory. MEMO
:`. r, &, USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research � �
® Microbac Laboratories, Inc,
FAYETTEVILLE DIVISION 11C #I#1
_,2592 HOPE MILLS ROAD Nt.: #37714
S Microbac — FAYETTEVILLE, NC 28306 USDA#3767
1 (910) 864-1920 / (910) 864-8774 (FAY.)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS ;
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS
CERTIFICATE OF.ANALYSIS_
im
CLTENT:
NC DENR - DWQ
DATE REC'D:
05/7.9/03 SAMP?.RD: 05/29/03
ADDRESS:
225 Green Street, #714
SAMPLED BY:
L. Baxley '1I
Fayetteville, NC 28301
DELIVERED BY:
H. White
CONTACT
PERSON: Mr. L. Baxley
SAMPLE CODE:
WW & Stream, Grab
ACCOUNT
NUMBER: WN003 __ _
, REFERENCEiI�rY'Simon
-Spell FaXtu .
SAMPLE ID: 1. Source - ID #I03WE53404
2. Upstream- ID #03WTJ53405
3. Downstream - ID #03WD53406
DATA REVIEWED B Y :,,,Q
DATE REPORTED: 06/09/03
441,4+#++#*#+44,+++•h4•+k4�+4-4++++4,�r#+#++++++•�+i+
ANALYSIS
NLMHOD
2
2
3
1r+###+#+a-++itY i.+ir*++#+++ta-•4 of#3r 1•+*+-f.k+++-1-++++++++++a-+f#++}ai•++++#Y++ff
BOD (mg/L)'
EPA
405.1
`306
34.7 '
Lb'.5
COLIFORM, FECAL (per 100 ml)
SM16_92221:)
35000
50000
34
NITRATE (mg/L)
EPA
353.3
<1
3.48
<1
NITRITE (mg/L)
EPA
353.3
<0.1
<0.1
<0.1
NITROGEN, A?ff4OHIA (ttty/1) k
EPA
350.2
163
26.G
1.4
NITROGEN, TOTAL KJELEOdil, (mg/kg)
EPA
351.2
207
30.8
3.08
a•
PHOSPHORUS (mg/L)
EPA
365.2
22.6
2.93
0.078
r
x
4
COMbENTS: • < = Less than _
4-
i
PAGE 1 OF 1
1 The data and other information contained on this, and other accompanying documents, represent only the
sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for
advertising or other purposes without written approval from the laboratory.
USDA-EPA-NIOSH Tes"19 Food Sanitation Consulting Chemical and Microbiological Analyses and Research
MEMBER
® Microbac Laboratories, Inc.
FAYETTEVILLE DIVISION
2592 HOPE MILLS ROAD
FAYETTEVILLE, NC 28306
(910) 864-1920 / (910) 864-8774 (FAX)
http://www.microbac.com
CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS
WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEU1ICALS
CERTIFICATE OF ANALYSIS
CLIENT: NC DENR -- DWQ
ADDRESS: 225 Green Street, #714
Fayetteville, NC 28301
CONTACT PERSON: Mr. L. Baxley
ACCOUNT NUMBER: #KN003
SAMPLE ID: 1.-Source•- ID #03WE53404
2. Upstream- ID #03WU53405
3. Downstream - ID #03WD53406
NC #11
NC #37714
USDA #3767
DATE REC'D: 05/29/03 SAMPLED: 05/29/03
SAMPLED BY: L. Baxley
DELIVERED BY: H. White
SAMPLE CODE: WW 6 Stream, Grab
REFERENCE: Simon Spell Farm
DATA REVIEWED BY:
DATE REPORTED: 06/09/03
*++{+++***}*}*4,**+}+++++++4,4V 4 *4,+++++++**+*++**++***++*+++++++++++*i++*4, 4 +++{**+**
ANALYSIS
N1:`PHOD
1
2
3
+**}+*++**4.4,**+**}**+}}++}+*++*+**++}{,*#++'k++}*}**+****+}}++*+*}+***++**+**+}*+*+k
4, 4, ***+
BOD (mg/L)
EPA
405.1
306
34.7
16.5
COLIFORM, FECAL (per 100 ml)
SM18
9222D
35000
50000
34
NITRATE (mg/L)
EPA
353.3
<1 ,
3.48
<1
NITRITE (mg/L)
EPA
353.3
<0.1-
<0.1
<0.1
NITROGEN, AMMONIA (mg/L)
EPA
350.2
163-
26.6
1.4
NITROGEN, TOTAL KJELDAHL (mg/kg)
EPA
351.2
207
30.8
3.08
PHOSPHORUS (mg/L)
EPA
365.2
22.6
2.93
0.076
Upstream = tJpsiream of pond.
Source flows to Upstream sample
then flows to DwAmstrearn location.
Sample sequence is l to 2 to 3.
r
�U 3
CObfidEN'PS: < = Less than
PAGE 1 OF 1
The data and other information contained on this, and other accompanying documents, represent only the AA iE M 8 E R
samples) analyzed and is rendered upon the conditsnr, that :t is not to be repro,iuced wholly or in part for
advertising or other purposes without wrilten approva3 from the laboratory.
USDA-EPA-MOSH Test+ng Food Sanilation Consulting Chemical and Microbiological Analyses ancf Research
o�o� war,�;,Qc
r
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
O Alan W. Klimek, P.E. Director
Division of Water Quality
June 6, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Simon Spell
1317 Chancey Rd
Clinton NC 28328
SUBJECT. Request for Information
Inadequate Freeboard
Simon Spell Farm
#82-388
Sampson County
Dear Sir or Madam:
I
'JUN I1 3 2003
On May 27, 2003, a representative of your farm informed the Division of Water Quality
(DWQ) that there was high freeboard in your lagoon(s). DWQ needs more information to
determine the site -specific factors that resulted in the high freeboard at your farm.
Please provide the Fayetteville Regional Office with the reasons for the high freeboard
and your plan to prevent future freeboard violation(s). This explanation and plan must include
but is not limited to the following:
• Current freeboard level(s)
• Freeboard records for the past 12 months
• Spraying records for the past 12 months
• Rainfall records for the past 12 months for your farm (if available)
0 A copy of your waste utilization plan (WUP) If your crops did not comply with your
"WUP, provide details of the crops you did have for the past 12 months.
Customer Service. Malling Address: Telephone (919) 733-5083
1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity I Affirmative Action Employer
50% recycled/ 10% post -consumer paper
httpYA22o. enr. state. nc. us
w
NENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
Inadequate Freeboard
Page 2
• A summary of actions taken to lower the freeboard such as using additional irrigation
equipment, using third -party spray fields, buying additional land, removing animals from
the farm, delaying restocking, pumping and hauling waste to another site (please state the
location of the other site), etc.
• A description of water conservation measures in use at the farm and the date(s) installed
• If the freeboard level(s) are still in violation, provide an updated Plan of Action as to how
the farm will return to compliance.
• Provide a detailed description of the actions you have taken or will be taking to reduce
the possibility of freeboard violations at your farm in the future.
DWQ will look at each case on its merits. Your efforts to notify DWQ of the problem,
the efforts you made to resolve the problem and the actions taken to prevent future problems will
work to your benefit. However, please be advised that civil penalties may be assessed if
warranted.
This information must.be received by the Fayetteville Regional Office at the following
address no Iaer than 10 days after receipt of this letter.
Division of Water Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
We know that gathering this information will take additional effort. If you have
circumstances that will make meeting the 10-day deadline very difficult for you, please contact
your regional DWQ office. 1f appropriate, you may get a short extension of time. If you have
any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional
Office Staff at (910) 486-1541.
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files
14J
X7
C24
ation contained in this database is from non agency sources and is considered unconfirmed.
DWO Facility Number
Farm Name
Callers Name
Caller's Phone #
Access to Farm
Animal Operation Telephone Log
FTI— 388
Simon Spell Farm
Mike Spell
Q Reporting O Complaint
Farm Accessible
from main road 10 Yes O No
Animal Population
Confined
Depop
Feed Available
Mortality
O Yes O No
Q Yes O No
Q Yes O No
O Yes O No
Spray Availability
Pumping
Equipment 10 Yes O No
Available
Fields 10 Yes O No
Date
Time
Control Number
Region
I aQoon Questions
Breached
10 Yes Q No
Inundated
10 Yes O Na
Overtopped
O Yes O Na
Water on
O Yes O No
Outside Wall
Dike Conditions
10 Yes O No
5/27/2003
5.00
2966
FRO
Freeboard Le -el
Freeboard
Plan Due Date Date Plan Date Freeboard
Inches
(?equals blank) Received Level OK
Lagoonl 17"
5/29/2003
Lagoonl
Lagoon3
Lagoon4
Lagoon5
I�
Lagoon6
Called while CAFO specialist were out.
............................'............................................................................................................................""."'.""'..............................................................................................................
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Comments.2
State of North Carolina
Department of Environment
and Natural Resources
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Simon Spell
Simon Spell Farm
1317 Chancey Rd
Clinton NC 28328
Dear Simon Spell:
A1kT?W'J
IT 0 0
4;jal�
To
on
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 6, 2000
li flECEV'VED
NOV 0 8 2000
F-0-Al c_.1 i EIliL t..c
81-:i. OF* ICE
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
Simon Spell Farm
Facility Number 82-388
Sampson County
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Trent Allen on 6/18/99 was made to review the actual number of acres at your facility
that receive animal waste during land application. The evaluation of your facility has yielded one of the
following two results as indicated by the box marked with an "X".
Category 1:
❑ The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Trent Allen the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to Trent Allen, at 225 Green Street, Suite
714, Fayetteville, NC 28301, within in 90 days of the receipt of this letter. If you have any
questions please contact Trent Allen at (910) 486-1541. If within 90 days you are unable
to provide Trent Allen with the information you are automatically required to complete
a Wettable Acre Determination as described by Category 2 below, within 180 days
of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycledll0% post -consumer paper
Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWO within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist mast sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
Please be advised that nothing in"this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at (919) 733-5083 ext. 571.
1
Sincerely,
Kerr T. Stevens
cc: Fayetteville Regional Office
Sampson County Soil and Water Conservation District
Facility File
Prestaae Farms
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Simon Spell
Simon Spell Farm
1317 Chancey Rd
Clinton NC 28328
Dear Simon Spell:
ffl"�W'A
if 0 0
0 Now
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999 RECEIVED
JAN 1 1 2000
FAYETTEVILL.E
EEG. OFFICE
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 82-388
Sampson County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY], DRY2, DRY3, SLURI, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at (919) 733-5083 ext. 571.
Sincere] , �//%f
r '
Kerr T. Stevens, Director
Division of Water Quality
cc: Fayetteville Regional Office
Sampson County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
.fames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
March 24, 1999
CERTIFIED MAIL
MURN RECEIPT REQUESTED
Michael Spell
Simon Spell Farm
2101 Chancey Rd
Clinton NC 28328
Dear Michael Spell:
T
/ W'A
• •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
Subject: Application No. 82-0388
Additional Information Request
Simon Spell Farm
Animal Waste Operation
Sampson County
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject
application. Additional information is required before we can continue our review. Please address and submit
the following information:
1. Please complete a change of ownership form from Simon Spell to Michael Spell and submit for our
records.
Please reference the subject permit application number when providing the requested information. All
information should be signed, sealed, and submitted in duplicate to my attention at the address below. The
information requested by this letter must be submitted on or before April 23, 1999 or the Division will return your
application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be
operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is
a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the
Environmental Management Commission.
If you have any questions regarding this request, please call me at (919) 733-5083, extension 363.
c : ayetteville Regional Office, Water Quality
Permit File
P.O. Box 29535. Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely, f
JR Josh'
Soil Scientist
Non -Discharge Permitting Unit
Telephone 919-733-5083 FAX 919-733-0719
50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURNCEIPT REQUESTED
Simon Spe
Simon Spell Farm
2101 Chancey Rd
Clinton NC 28328
Farm Number: 82 - 388
Dear Simon Spell:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAJIJRAL RESOURCES
July 10, 1998
"I'J. 1 4 1998
A°]I E T TE1.'!'L.i. `E
You are hereby notified that Simon Spell Farm, in accordance with G.S. 143-215.1OC, must
apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your
farm has six 60days to submit the attached application and all supporting documentation. In
accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any
owner or operator who fails to submit an application by the date specified by the Department
SHALL NOT OPERATE the animal waste system after the specified date. Your application must
be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required
may also subject your facility to a civil penalty and other enforcement actions for each day the facility is
operated following the due date of the application.
The attached application has been partially completed using information listed in your Animal
Waste Management Plan Certification Form. If any of the general or operation information listed is
incorrect please make corrections as noted on the application before returning the application package.
The signed original application, one copy of the signed application, two copies of a general location
map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the
application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this letter, please call J R Joshi at (919)733-5083 extension
363 or Jeffery Brown with the Fayetteville Regional Office at (910) 486-1541.
Sincer ,
A. Preston Howard, Jr., P.E.
cc: Permit File (w/o encl.)
Fayetteville Regional Office (w/o encl.)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Producer:
Location:
Telephone:
Type Operation:
Number of Animals:
(Design Capacity)
STORAGE STRUCTURE:
APPLICATION METHOD
V(FfiI�-PR IDwQ RO
nrFrrrnN SFG770N
ANIMAL WASTE UTILIZATION PLAN AUG I92009
SIMON SPELL
2101 CHANCEY ROAD
CLINTON NC 28328
910-592-2875
RECEI F EU
AUG 2120
DENR-FAYETTENLLE RENNJAL OFHCE
Existing Feeder to Finish Swine
2940.00 hogs
Anaerobic Waste Treatment Lagoon
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 Otypes 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.)
2940 hogs x 1.9 tons waste/hogs/year = 5586 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
2940 hogs x 2.3 lbs PAN/hogs/year = 6762 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
18.53
TIME
3798.65
6337
1
WaB
BP
4.1
205
0
I
MAR-OCT
I
MAR-OCT
633"I � l f BoB I BP f 3.4 1170 10 � b I lURVOCT
6337 SG I 1 150 D 12.8.5311426.5
I SEP-MAY
I
TOTAL16845.15
- Indicates that this field is being overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
NOTE: The applicator is cautioned that P and K may be over applied while
meeting the N requirements. In the suture, 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 UTILIZATION 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
Indicates that this field is being overseeded (i.e. interplanted) or w
annuals follow summer annuals.
In inter -planted 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.
** Acreage figures may exceed total acreage in fields due to overseeding.
Page: 4
ANIMAL WASTE UTILIZATION PLAN
----------------------------------------------------------------------
* 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
PER UNIT
BP
SG
HYBRID BERMUDAGRASS-PASTURE
SMALL GRAIN OVERSEEDED
TONS
AC
50
50
TABLE 1
TABLE 2
TOTAL
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
28.53
6845.15
o
0
28.53
6845.15
* BALANCE
-83.15
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
---------
-- Page: 5
ANIMAL WASTE UTILIZATION PLAN
----------------------------------------------------------------------
*** This number must be less than or equal to 0 in order to fully utilize
Lhe 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 1087.8 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 5439
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 18.13 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 43.512 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
App icRate
(in/hr)
App ic. Amount
(inches)
6337
1
WaB
BP
0.60
*0.96
6337
1
LeA
BP
0.65
*0.95
6337
1
BOB
BP
0.75
*0.65
6337
Sc
* 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 UTILIZATION PLAN
REQUIRED 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.
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.
B. 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:SIMON SPELL FARM!
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 Owne SIMON SPELL
(Pleaseprint)
Signature: Date:
Name of Manager(If 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: / �J / " /
Page: 11
Coo �� 3l s�a��nnc
r(yra 'I" 'a, 1
eM G Z
�zo ASS
ANIMAL WASTE UTILIZATION PLAN
------------------------------------------------
Producer:
Loqation:
Telephone : - . .
Type Operation-:
Number of Animals:
(Design Capacity)
STORAGE STRUCTURE:
APPLICATION METHOD:
SIMON SPELL
2101 CHANCEY ROAD
CLINTON NC 28328
910-592--2875
JAN 2 9 2007
DENR - FAYEfCEMLLE REGIONAL OF '
Existing Feeder to Finish Swine
2940.00 hogs
Anaerobic Waste Treatment Lagoon
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.)
2940 hogs x 1.9 tons waste/hogs/year = 5586 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
2940 hogs. x 2.3 lbs PAN/hags/year = 6762 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
18.53
TIME
3798.65
6337
1
WaB
BP
4.1
205
Q
I
MAR-OCT
I
I
MAR-OCT
MAR-OCT
6337 SG 1 50 0 128-5311426.5
I SEP-MAY
I i END
I
TOTALI6845.15
- Indicates that this field is being overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
NOTE: The applicator is cautioned 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 UTILIZATION 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 w
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.
** Acreage figures may exceed total acreage in fields due to overseeding.
Page: 4
ANIMAL WASTE UTILIZATION PLAN
----------------------------------------------------------------------
* 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
PER UNIT
BP
SG
HYBRID BERMUDAGRASS-PASTURE
SMALL GRAIN OVERSEEDED
TONS
AC
50
50
TABLE 1
TABLE 2
TOTAL
TOTALS FROM TABLES 1 AND 2
ACRES
LBS AW N USED
28.53
6845.15
0
0
28.53
6845.15
* BALANCE
-83.15
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
----------------------------------------------------------------------
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 1087.8 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 5439
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 18.13 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 43.512 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25%s 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)
App ic. Amount
(inches)
6337
1
WaB
BP
0.60
*0.96
6337
1
LeA
BP
0.65
*0.95
6337
1
BoB
BP
0.75
*0.65
6337
* 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 UTILIZATION PLAN
--------------------------------------------------------------------
REQUIRED 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.
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.
G. 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:SIMON SPELL FARM
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 Owne : SIMON SPELL
(Pleaseprint) n n n
Signature: Date:
Name of Manager (If different from owner) :
Signature:
Date:
Name of Person Preparing Plan: (Please rint)Wilson Spencer
Affiliation:NRCS Phone No.
Address (Agency): 84 County Complex Rd.
Clinton NC 28328
Signature: Date:
Page: 11
(PI i w
ti
of`Z
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
May 27, 1999
CERTIFIED MAIL
RETURN RECTIPT REQUESTED
Michael Spell
Simon Spell Farm
1317 Chancey Rd
Clinton NC-28328
Dear Michael Spell:
j V A7�j
2 6 19 CDENR
YFTFFA?e � /T'� v it
NOR7!-i CAROLINA DEPARTMENT OF
�!" V�€"e�;E� IRONMENTAND NATURAL RESOURCES
Subject: Application No. 82-0388
Additional Information Request
Simon Spell Farm
Animal Waste Operation
Sampson County
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject
application. Additional information is required before we can continue our review. Please address and submit
the following information:
1. Please complete a change of ownership form from Simon Spell to Michael Spell and submit for our
records.
Please reference the subject permit application number when providing the requested information. All
information should be signed, sealed, and submitted in duplicate to my attention at the address below. The
information requested by this letter must be submitted on or before June 26, 1999 or the Division will return your
application as incomplete in accordance with I SA N.C.A.C. 2H .0200 and your facility will be considered to be
operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is
a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the
Environmental Management Commission.
If you have any questions regarding this request, please call me at (919) 733-5083, extension 363.
Sincerely,
JR J shi
So Scientist
N6n-Discharge Permitting Unit
cc: Fayetteville Regional Office, Water Quality
Permit File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water QualityR E C VC
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary IJ EC 2 3 1998
A. Preston Howard, Jr., P.E., Director
FAYETTEVILLE
December 17, 1998 REG. OFFICE
Michael Spell
Simon Spell Farm
2101 Chancey Rd
Clinton NC 28328
Dear Michael Spell.
,Tk?W,A
IT 40 0
A&4617i
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Application No. 82-0388
Additional Information Request
Simon Spell Farm
. Animal Waste Operation
Sampson County
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject
application- Additional information is required before we can continue our review. Please address and submit
the following information by January 16, 1999:
l . Please complete a change of ownership form from Simon Spell to Michael Spell and submit for our
records.
Please reference the subject permit application number when providing the requested information. All
information should be signed, sealed, and submitted in duplicate to my attention at the address below. The
information requested by this letter must be submitted on or before January 16, 1999 or the Division will return
your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to
be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is
a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the
Environmental Management Commission.
If you have any questions regarding this request, please call me at (919) 733-5083, extension 363.
Sincerely,
i�� i
Soil Scientist
Non -Discharge Permitting Unit
cc: Fayetteville Regional Office, Water Quality
Permit File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 r
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Simon Spell
Simon Spell Faun
Rt 4 Box 94-A
Clinton NC 28328
SUBJECT: Operator In Charge Designation
Facility: Simon Spell Farm
Facility ID#: 82-388
Sampson County
Dear Mr. Spell:
r�iAs=% -
EDEHNFR
RECEVVED
NOV 19 1996
FAYE EOLLE
RFc. OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996. -
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026.
Sincerely,
�i
A. Preston Howard, Jr., PT:; IIi ector
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. sox 27687, 1W��4
Raleigh, North Carolina 2761 1-7687 is�C An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 - 500% recycled/100% post -consumer paper
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