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HomeMy WebLinkAbout310015_HISTORICAL_20171231NORTH CAROLINA Department of Environmental Qual Vg PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: AWS3115 County: Duplin Facility Name: Mag III, DM Section 4 Sites 1-4, Section 3 Sites 44 Certified Operator Name: Doug Atkins Operator Number: 985738 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon 6 Lagoon 7 Lagoon Name/ID: Mag 3 DM 4-1 DM 4-2 DM 4-3 DM 4-4 DM 3-4 DM 3-5 Spillway(Y or N): no no no no no no no Level(inches): 14 16 14 15 19 15 16 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 2/12/2016 hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. AJ Linton Phone Facility Owner/Manager (print) w - Date: Fdrcility Owner/Manager (signature) 910-285-1357 2/9/2016 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifier (ID): Mal 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 14.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 242820 ftz e. line c/12 x line d x 7.48 gallons/ft3 _ 756789 gallons 3. Projected volume of waste liquid produced during draw down period f_ temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 423994 ft3 h. current herd # 0 certified herd # 4400 actual waste produced = current herd # x line g certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1/18/2016 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 ' ft3 Offs 144976 ft3 180737 gallons 0.46 Ibs/1000 gal. 431.3 lbs. PAN PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): DM 4-1 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 16.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 182816 ftz e. line c/12 x line d x 7.48 gallonslft3 341866 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g_ volume of waste produced according to structural design 261740 ft3 h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1/18/2016 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121 /00 261740 ft3 f3 109667 ft3 463021 gallons 1.$6 Ibs/1000 gal. 1497.1 lbs. PAN PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE I. Structure Name/Identifier (ID): JDM 4-2 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 14.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 5.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 201056 ft2 e. line c112 x line d x 7.48 gailonslft3 626625 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 261106 ft3 h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # z line g = 261106 ft3 certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1/18/2016 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121/00 ft3 145298 ft3 l 506650 gallons 1.47 Ibs11000 gal. 1665.9 lbs. PAN PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): DM 4-3 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 15.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 211500 ftz e, line c/12 x line d x 7.48 gallons/ft3 527340 gallons 3. Projected volume of waste liquid produced during draw down period f_ temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 263084 ft3 h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1/1812016 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 263084 ft3 I 01ft3 138390 ft3 500504 gallons 1.27 Ibs/1000 gal. 1305.4 lbs. PAN PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL_ FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): DM 4-4 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 19.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = inches d. top of dike surface area according to design (area at below structural freeboard elevation) 183fi1fi ft2 e. line c/12 x line d x 7.48 gallons/ft3 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 1$0 days g. volume of waste produced according to structural design 261106 ft3 h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 1/18/2016 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21100 261106 ft3 Oft3 134637 ft3 493360 gallons 1.39 Ibs/1000 gal. 685.8 Ibs. PAN PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): JDIVI 3-4 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 15.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 219961 ft2 e. line c112 x line d x 7.48 gallons/ft3 548436 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 2fi1105 ft3 h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 daystline f= 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 1 1/18/2016 m. {(lines e + k)11000) x line 1 = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 261105 ft3 ®ft3 156128 ft3 520150 gallons 1.18 Ibs11000 gal. 1260.9 lbs. PAN PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelidentifier (ID): DM 3-5 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 16.D inches b. designed 25 yr./24 hr. storm & structural Freeboard 19.0 inches c. line b - line a (inches in red zone) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 219736 ft, e. line c/12 x line d x 7.48 gallonslft3 410906 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g_ volume of waste produced according to structural design 261105 ft3 h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 daystline f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1/18/2016 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 261105 ft3 ft3 153533 ft3 516915 gallons 1.33 ibs/1000 gal. 1234.0 Ibs_ PAN II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL_ FREEBOARD ANDIOR 25 YR.I24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Mag III line m = 431.3 lb PAN 2. Structure ID: DM 4-1 line m = 1497.1 lb PAN 3. Structure ID: DM 4-2 line m = 1665.9 lb PAN 3. Structure ID: DM 4-3 line m = 1305.4 lb PAN 2. Structure ID: DM 4-4 line m = 685.8 lb PAN 3. Structure ID: DM 3-4 line m = 1260.9 lb PAN 3. Structure ID: DM 3-5 line m = 1234.0 lb PAN n. lines 1 + 2 + 3 = 8080.3 lb PAN 111. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD_ DO NOT LIST FIELDS TO WHICH PAN CANNOT RE APPLIED Dt1RING T141S 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance i (lb/acre) L TOTAL PAN BALANCE FOR FIELD jibs.) column r x s u. application window' Aerwa 1-100 Small Grain 638 100.00 63800.0 Sep -Mar 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 63800.0 lb. PAN IV. FACILITY'S PDA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 8080.3 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 63800.0 lb. PAN y. Overall PAN balance (w - x) _ -55720 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new :_[- _A:_.- If _-_ ♦_ L._ :__I ... __ _.- $-- I ..... .:.... 1---1_..-1 -JJ aL___ C.-IA.. a.. &L.- r! A AI PoA (30 Day) 2I21I00 InTormatlon. IT new nelas are to ne Incivaea as an option Tor iowenng lagoon level, aaa tnese nelas to ine rHN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: Irrigation will begin as soon as the fields will allow. The farm has equipment and manpower on standby. PoA (30 Day) 2/21100 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number. 31-15 County: Duplin Facility Name: DM Section 4 Sites 1-4,Section 3 Sites 4-5 Certified Operator Name: Doug Atkins Operator Number. 985738 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spiltway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: 4-2 Spillway(Y or N): no Level(inches): 16 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached_ Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation 'if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste, 3/9/2015 I hereby certify that I have reviewed the information listed above and Included within the attached Plan of Action, and to the best of my knowledge and ability, the Information Is accurate and correct Ironsidde Investment Management LLC Phone: 910-285-1357 Facility OwnerlManager (print) Date: -3 Facility Owner/Manager (signature) 1W PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL. PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (0): 42 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 16.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 3.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 201056 ft' e. line c112.x line d x 7.48 gailons/ft' 375975 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 2B7105 ft3 h. current herd # 7920 certified herd #1 7920 actual waste produced = current herd # x line g = 261105 ft' certified herd # i, volume of wash water according to structural design 01ft3 j. excess rainfall over evaporation according to design 145296 ft3 k. (lines h + i + j) x 7.48 x 30 days/line f= 506647 gallons 4. Total PAN to be land applied during draw down period 1. current waste analysis dated 11/24/2014 0.96 Ibs11000 gal. m. ((lines e + k)11000) x line I = 847.3 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2/21/00 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: 4-2 line in = $47.3 lb PAN 2. Structure ID: line m = lb PAN 3. Structure ID: fine m = lb PAN 4. Structure ID: fine m = lb PAN 5. Structure ID: fine m = lb PAN 6. Structure ID. line in = lb PAN n, lineal + 2 + 3 + 4 + 5 + 6 = 847.3 lb PAN III. TOTAL PAN BALANCE REMAIMNG FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN DFRI[Srf nn Y[]T � LCT FICI nC TA 7llrvxr_u oau [_eellilAT ne eee� �m n� inwr_ rote :n nwv oeo�nn o. tract # p. field # q. crop r. acres S. remaining IRR 2 PAN balance (blacm) L TOTAL PAN BALANCE FOR FIELp ([be.) column r: e u. appUcalion window' 13,20 Bermuda 42 160.00 6720.0 March - Se t 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fWds (sure of column t) 6720.0 Ib. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (linen from section II) _ 847.3 lb, PAN x. Crop's remaining PAN balance (line v from section Ilq = 6720.0 lb. PAN y. Overall PAN balance (w - x) = -UT3 Ib. PAN ,ins y must show as a deficiL If line y does not show as a deficit, list course of action here including pump and mul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN bases In new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the )AN balance table and recalculate the Overall PAN balance, If animal waste is to be hauled to another permitted acility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: We will be transferring from 4-2 to 3-5 which currently has a freeboard level of 37", Irrigation onto existing spray fields will continue as weather and field conditions permit. I PoA (30 Day) 2121I00 PLAN OF ACTION (POA) FOR LAGOON SLUDGE REDUCTION Facility Number: 31-15 County: Dun1 in FacilltyName: Magnolia 3,DM Sites 1-4, Section 3 Sites 4-5 Certified Operator Name: Doug Atkins Operator#: 985738 "Attach a copy of Lagoon Sludge Survey Form and volume worksheets Note: A certified Sludge Management Plan may be submitted In lieu of this POA. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 La oon 5 Lagoon 6 a. Lagoon Name/ Identifier DM 3-5 b. Total Sludge Depth (ft) 3.5 c. Sludge Depth to be Removed for Compliance 1.5 ft . d. Sludge Volume to be. . Removed (gallons) 2,123,89 0 e. Sludge PAN (lbs/1000 gal) NA f Liquid PAN (lbs/1000 gal) 1.5 g. PAN of Sludge (Ibs) (d x e)/1000 NA Compliance Timeframes: If the sludge level is equal to or higher than the stop pump level of the lagoon or if the sludge level results in an elevated waste analysis, a sludge management plan that meets the requirements of SO Interagency Group Guidance Document 1.26 must be prepared by a technical specialist and submitted to DWQ within 90 days. Work to reduce the sludge level must begin within another 180 days. Compliance with NRCS Standard 359 must be achieved within two years of the original sludge survey. If the sludge level is noncompliant but below the stop pump level of the lagoon, a POA must be filed within 90 days and compliance with NRCS Standard 359 must be achieved within two years of the original sludge survey indicating non-compliance_ If future sludge surveys do not show. improvement in sludge levels, DWQ may require the owner to develop a sludge management plan that meets the requirements of SB Interagency Group Guidance Document 1.26. SPOA 3-22-2010 Page Vol 2 NARRATIVE: Use this section to describe the method(s) that will be used to lower the sludge depth. if microbe use Is planned, specify the product to be used. The method of sludge reduction for this facility will be by dewatering boxes. There will be a representative waste sample taken prior to land application. Caution will be used in not over applying N. If further information is needed or questions arise please call AJ Linton at 910-285-1357. I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the Information Is accurate and correct 1 further certify and acknowledge that compliance with regard to sludge accumulation must be achieved within two years of the original sludge survey Indicating non-compliance. Sludge Survey Date: 11 / 1 / 13 AJ Linton Compliance Due Date: 11 / 1 / 15 Phone: 910-285-1357 Facility Owner/Manager (print) , Al ;C3:� Date: Facili OvrnertManager (signature) Return this form to: Animal Feeding Operations Unit NC Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 SPOA 3=22-2010 Page 2 of 2 PLAN OF ACTI Facility Number. aplSDI 515 Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES -15 Facility Name: PM Section 4 Sites 1-4 County: Duplin 3 Sites 4-5 Certified Operator Nanle: Doug Atkins Operator Number. 985738 1., Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID: Spillway(Y or N): Level(inches): 3-5 5 2. Check all applicable items Liquid level lis within the designed structural freeboard elevations of one or more structures. Five and 3Q day Plans of Action are attached. Hydraulic and agronomic balances are within acce`table ranges. XXXX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to tie pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information j Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation v�ill be partially or fully depopulated. "Attach a complete schedule with corresponding animal units and dates fro depopulation `if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste. 07/08/2013 1 hereby certify that I have reviewed the information listed above and included within the attached Plan of ActoQI n, and to the best of my knowledge and ability, the Information is accurate and correct.) Ironsidde Facility LLC (print) Phone: 910-285-1357 Date: - %3 OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure *e/Identifer (ID): 3-5 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard current liquid level according to marker 15.0 inches designed 25 yr./24 hr. storm & structural freeboard 19.0 inches line b - line a (inches in red zone) = 4.0 inches top of dike surface area according to design (area at below structural freeboard elevation) 219736 if line cl12 x line d x 7.48 gallons/fe 547875 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days . volume of waste produced according to structural design 261105 ft3 h. current herd # 7920 certified herd #1 7920 actual waste produced = current herd # x line g = 261105 fty certified herd # i. volume of wash water according to structural design 0 ft3 Ij. excess rainfall over evaporation according to design 153533 ft' k. (lines h + i +j) x 7.48 x 30 daysAine f= 516915 gallons 4. Total PAN to be land applied during draw down period II. Current waste analysis dated 06/20/2013 1.93 Ibs/1000 gal. M. ((lines e + k)f1000) x line 1= 2056.0 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121/00 0 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRd24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY I. SUuctur ID: 3-5 line m = 2055.0 Ib PAN 2. Structur$ Id ID: line m = lb PAN 3. Structu ID: line m = lb PAN 4. Structun ID: line m = lb PAN 5. Structu ID: line m = lb PAN 6. Structure/! ID: line m = lb PAN n.lines1+2+3+4+6+6= 2055.0lbPAN lit. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PER1011 DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. i i 'State current crop anding application date or next crop application beginning data for available receiving crops during 30 day draw down period. I v. Total PAN available for all fields (sum of column t) a lb. PAN IV. FACILITY'S PoAl OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) a 2055.0 lb. PAN x. Crop's remaining PAN balance (line v from section ill) = lb. PAN y. Overa11 PAN balance (w - x) m 2065.0 1b. PAN Line y must show as a deficit. if tine y does not show as a deficit, list course of acton here Including pump and haul, depopulation, herd reduction, etc, For pump & haul and herd reduction options, recalculate new PAN basec on new information. I If new fields are to be Included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If anlmal waste is to be hauled to another permitted facility, provide info i ation regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: We will be transferriN from 3-5 to 44 which currently has a freeboard level of W. Irrigation onto existing spray fields will continue as weather and field conditions permit. POA (30 Day) 2121/00 APL- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Qualify Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Govemor Director Secretary November 16, 2012 CERTIFIED MAIL RETURN RECEIPT REOUESTED 7008 1300 0000 1106 6540 Ironside Investment Management, LLC Magnolia III, DM Sites 14, Section 3 Sites 4-5 PO Box 1139 Wallace, NC 28466 l Nov 2 � xot2 Subject: Additional Information Request Application No. AW1310015 Magnolia III, DM Sites 1-4, Section 3 Sites 4-5 Duplin County Dear Ironside Investment Management, LLC: The Animal Feeding Operation Unit of Division of Water Quality's Aquifer Protection Section has reviewed the subject permit application received on September 27, 2012 and the modified Block Process Flow Diagram on October 31, 2012. Additional information is required before we may issue the requested permit. Please address the following items and respond in writing within thirty (30) days of receipt. 1) During the October 16 site visit, it was noted that some of the digester location sites have been adjusted since application submittal. Please submit an update to reflect changes. Some of the digester location sites are adjacent to drainage features, and secondary containment is strongly recommended for these locations. Please provide information -regarding proposed secondary containment location and design. 2) Please indicate on site plans the existing irrigation inlet and the proposed location of effluent discharge pipe. The effluent discharge pipe should be as far away from the irrigation inlet as possible. 3) The CoGen site is located in a sprayfield that is part of the current Waste Utilization Plan (WUP). The WUP should be modified to reflect this change as well as any other encroachments on sprayfields. 4) The manure receiving tanks are not mixed. It is possible for manure/feed accumulation to occur. Please describe how this will be addressed. The design does not indicate a cover for these tanks. Please indicate safety features to be implemented for safety of personnel. 5) Do you anticipate an increase in vector issues with the scraper system? If so, what fly control measures would be implemented? AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 One Phone. 919-807-64641 FAX. 919S07-64% North Caroli n a Internet www.ncwatefQuality.org )Vaturally An Equat Opportunity 4 Affirmalive Action Employer Ironside Investment; Mag III—AW1310015 November 16, 2012 Page 2 6) A discrepancy exists between the permitted animal count on the application form and the Detailed Project Description. The addendum submitted on October 19, 2012 addresses this issue for the DM 34 and DM 44 sites, but does not address the additional steady state live weight (SSLW) associated with the old sow farm operation. It is my understanding that the 4400 Farrow -Wean, 400 Wean - Feeder, and 1,000 Feeder -Finish animal associated with this farm site will not be a part of the waste - to -energy system, but will remain a part of the permitted SSLW. Please confirm this -in writing. 7) Please address the anticipated frequency of sludge removal from the digester. Is this material to be land applied on site? 8) . Please indicate how gas pipelines will be marked to prevent damage from excavation, farming activities, road maintenance, etc. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items shall result in future requests for additional information. Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, sealed and dated, with two (2) copies submitted to my attention at the address below. Failure to provide this additional information on or before the above requested date may result in your application being returned as incomplete. If you have any questions regarding this letter, please feel free to contact me at (919) 807-6354. Sincerely, Christine B. Lawson Animal Feeding Operations Unit cc: Wilmington Regional Office, Aquifer Protection Section APS Permit File — AW1310015 APA " A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director October 25, 2012 i Ironside Investment Management, LLC _ 1 Magnolia III, DM Sites 1-4, Section 3 Sites 4-5 1 l PO Box 1139 Wallace, NC 28466 Dee Freeman Secretary Subject: Approval to Construct Digester Magnolia TII, DM Sites 1-4, Section 3 Sites 4-5 DupIin County Dear Ironside Investment Management, LLC: The Animal Feeding Operations Unit of the Division of Water Quality (DWQ) has completed a review of the drawings you submitted for construction of anaerobic Bioreactor (Tank) digesters for your facility. You are hereby authorized to begin construction of the digesters as indicated on the submitted plans and geotechnical reports/recommendations. Please be advised that this authorization is for construction of the Bioreactor Tanks only, and in no way authorizes operation of the digesters or further construction at this time. Operation of the digesters or further construction will be allowed only after final approval of the application submitted September 17, 2012. Upon completion of construction and prior to operation of the renewable power production facility, as - built plans and specifications and the certification, signed and sealed by a Professional Engineer, must be submitted certifying that the permitted Facility has been installed in accordance with this Approval, and best engineering practices. The documents may be submitted at the completion of the entire project. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. If you have any questions regarding this letter, please feel free to contact me at (919) 715- 6697. Sincerely, Keith Larick Animal Feeding Operations Unit cc: Wilmington Regional Office, Aquifer Protection Section Permit File A W I310015 1 /SST[ 2//� ae 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-64641 FAX: 919-807-6492 NorthCa.rol ina Internet: www.n;water uali .o Naturally An Equal opportunity 1 Affirmative Action Employer �L A � -A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director Ironside Investment Management, LLC DM Farms See 2 Sites 1-4 PO Box 1139 Wallace, NC 28466 October 25, 2012 Subject: Approval to Construct Digester DM Farms Sec 2 Sites 1-4 Duplin County Dear Ironside Investment Management, LLC: Dee Freeman Secretary The Animal Feeding Operations Unit of the Division of Water Quality (DWQ) has completed a review of the drawings you submitted for construction of anaerobic Bioreactor (Tank) digesters for your facility. You are hereby authorized to begin construction of the digesters as indicated on the submitted plans and geotechnical reports/recommendations. Please be advised that this authorization is for construction of the Bioreactor Tanks only, and in no way authorizes operation of the digesters or further construction at this time. Operation of the digesters or further construction will be allowed only after final approval of the application submitted September 17, 2012. Upon completion of construction and prior to operation of the renewable power production facility, as - built plans and specifications and the certification, signed and sealed by a Professional Engineer, must be submitted certifying that the permitted Facility has been installed in accordance with this Approval, and best engineering practices. The documents may be submitted at the completion of the entire project. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. If you have any questions regarding this letter, please feel free to contact me at (919) 715- 6697. cc: Wilmington Regional Office, Aquifer Protection Section Permit File AWI310017 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 9IM07-64641 FAX: 919-807-6492 Internet: www.ncwaterquality.9rg Sincerely, �v� Keith Larick Animal Feeding Operations Unit F—ClEIVE OCT 2 S 2012 RyOne -NOIt2Caf01111a Naturally An Equal Opportunity 1 Affirmative Action Employer A14 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director December 21, 2012 Ironside Investment Management, LLC Magnolia III, DM"Sites 14, Section 3 Sites 4-5 PO Box 1139 Wallace, NC 28466 Dear Ironside Investment Management, LLC: Dee Freeman E�E�VE Secretary DEC 2 T 2012 BY• Subject: Permit No. AW1310015 Magnolia III, DM Sites 1-4, Section 3 Sites 4-5 Waste -to -Energy Animal Waste Management System Duplin County In accordance with your permit application received September 27, 2012 and subsequent additional information received on October 31, 2012, and December 12, 2012, we are forwarding, herewith Permit No. AWI310015 issued to Ironside Investment Management, LLC, authorizing the construction and operation of a psychrophilic anaerobic digestion animal waste treatment system to produce renewable energy (Waste -to -Energy System) for Magnolia III, DM Sites 1-4, Section 3 Sites 4-5 (Facility), located in Duplin County. This approval shall consist of the construction and operation of six psychrophilic anaerobic digesters to be operated in conjunction with the six existing lagoons for animal waste treatment at the following farm sites: DM 34, DM 3-5, DM 4-1, DM 4-2, DM 4-3, and DM 44. When fully implemented, the Waste -to -Energy System shall serve as the treatment system for the animal waste stream for the 47,520 Feeder to Finish swine at the above listed sites. All animal waste for the 1,000 Feeder to Finish, 4,400 Farrow to Wean, and 400 Wean to Feeder swine at the Magnolia III farm site will continue to be treated using the existing conventional lagoon/sprayfield system_ Any increase in flow or increase in stocked animals above the listed values in this Permit will require a modification to this Permit and shall be completed prior to actual increase in either flow or number of animals. Please be advised that any permits for the generator at this facility will be issued separately by the Division of Air Quality. The Permit shall be effective from the date of issuance until November 30, 2017, and shall hereby void Certificate of Coverage Number AWS310015 issued December 6, 2011. You are authorized and required to operate the system in conformity with the conditions and limitations as specified in this Permit, and the facility's CAWMP. Please nav particular attention to the record keening and monitoring requirements in this Permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Any proposed modification to add solids separation of digester effluent shall require approval from the Division. You must apply for and receive a permit modification prior to the installation of solids separation technology. You are subject to the conditions of this Permit until the closure of all waste treatment and storage structures and the rescission of this Permit. You must submit a letter to the Division of Water Quality to request rescission of the Permit by providing documentation of closure of all treatment and containment structures. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 91HOY-64641 FAX: 919-8U7-64961 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Nne orthCarolina Naturally If any parts, requirements, or limitations contained in this Permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demait& re made a _, this -Permit shall be final and binding. If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. -Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. , The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights in either real or personal property. Per 15A NCAC 2T. 0111(c), a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards, a 100-ft separation shall be maintained between water supply wells and any lagoon, storage pond, digester, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this Permit may result in revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an application for renewal must be filed at least 180 days prior to expiration. This Permit is not automatically transferable. A namelownership change application must be submitted to the Division prior to a name change or change in ownership. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 796-7215. If you need additional information concerning this Permit, please contact the Animal Feeding Operations Unit staff at (919) 807-6464. Sincerely, �P'-X� forCharles Wakild, P.E. Enclosure cc: Duplin County Health Department Duplin County Soil and Water Conservation District Wilmington Regional Office, Aquifer Protection Section Gary Saunders, Division of Air Quality Alan Tank, Revolution Energy Solutions, 1615 New Hampshire Ave, NW, Suite LL-C, Washington, D.C. 20009 APS Central Files (Permit File AWI310015) AFO Notebook File AWI310015 2 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Ironside Investment Management, LLC Duplln County FOR THE construction and operation of a psychrophilic anaerobic digestion animal waste treatment system to produce renewable energy (Waste -to -Energy System) consisting of six 379,130 gallon tank digesters, six 15,000 gallon waste pits/lift stations, six existing earthen lined lagoons for treated effluent storage, one 2,400 m3 biodome biogas storage structure, one gas conditioning unit, one Combined Heat and Power (CHP) unit, and all necessary pipes, pumps, alarms, controls, and appurtenances to serve the 47,520 Feeder to Finish swine at DM 3-4, DM-3-5, DM 4-1, DM 4-2, DM 4-3, and DM 4-4 farm sites, with no discharge of wastes to surface waters, in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources (DENR) and considered a part of this Permit. Please be advised that any permits for the generator at this facility will be issued separately by the Division of Air Quality. The Waste -to -Energy System in its entirety shall serve as the waste treatment system for the animal waste stream for the 47,520 Feeder to Finish swine at DM 34, DM 3-5, DM 4-1, DM 4-2, DM 4-3, and DM 44 farm sites. Bypass of the Waste -to -Energy System is prohibited; all wastes at these farm sites shall be treated by the Waste - to -Energy System. All animal waste for the 1,000 Feeder to Finish, 4,400 Farrow to Wean, and 400 Wean to Feeder swine at the Magnolia III farm site will continue to be treated using the existing conventional lagoon/sprayfield system. All existing Iagoon structures shall be properly operated and maintained through out the construction and operation of the additional components of the Waste -to -Energy System. This Permit shall be effective from the date of issuance until November 30, 2017 and shall be subject to the following specified conditions and limitations. 3' I. PERFORMANCE STANDARDS The animal waste collection, treatment, storage and land application system permitted under this Permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge, or through ditches, terraces, or grassed waterways not otherwise classified as state waters. Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance with Natural Resources Conservation Service (MRCS) Standards and does not result in a discharge of waste to surface waters or wetlands. Facilities must be designed, constructed, operated, and maintained to contain all waste plus runoff from a 25-year, 24-hour rainfall event for the location of the facility. If the Permittee is in compliance with this Permit and the facility's Certified Animal Waste Management Plan (CAWMP), and unintentionally discharges as a result of a storm event greater than the 25-year, 24-hour storm, the Facility will not be considered to be in violation of this Permit. 2. This Permit does not allow the Permittee to cause a violation of any of the water quality standards established pursuant to Title 15A, Subchapter 2B of the North Carolina Administrative Code and Title 15A, Subchapter 2L of the North Carolina Administrative Code. 3. The facility's CAWMP and Operation and Maintenance Plan are hereby incorporated by reference into this Permit. The above referenced plans must be consistent with all applicable laws, rules, ordinances, and standards (federal, state and local) in effect at the time of siting, design and certification of the facility. The Permittee must assess and record, on an ongoing basis, the effectiveness of the implementation of the CAWMP. The Permittee must make "major changes," "revisions," or "amendments" to the CAWMP, as defined in Section VIII, "Definitions," of this Permit, in order to address any changes needed to maintain compliance this Permit. "Major changes," "revisions," and "amendments" to the CAWMP must be. documented, dated, and included as part of the CAWMP. "Major changes " and "revisions" to the CAWMP shall be submitted to the appropriate Division of Water Quality (Division) Regional Office within thirty (30) calendar days of the "major change" or "revision." "Amendments" are not required to be submitted to the Division Regional Office unless specifically requested by the Division. If field, riser or pull numbers are changed, an explanation shall also be submitted and include a description of how the new numbers relate to the old numbers. Any violation of the CAWMP or the Operation and Maintenance Plan, shall be considered a violation of this Permit and subject to enforcement actions. A violation of this Permit may result in the Permittee having to take immediate or long-term corrective action(s) as required by the Division. These actions may include but are not limited to: modifying the CAWMP; ceasing land application of waste; removing animals from the facility; or the Permit being reopened and modified, revoked and reissued, and/or terminated. 4. A violation of this Permit may result in the Permittee having to take immediate or long term corrective action(s) as required by the Division. These actions may include ceasing use of the Waste -to -Energy System, modifying operation of the Waste -to -Energy System, modifying the WUP, ceasing land application of waste, or removing animals from the Facility. ' 4 c- This Facility may not be expanded above the capacity shown in this Permit until a new permit reflecting the expansion has been issued. Any proposed increase or modification to the annual average design capacity from that authorized by this Permit will require a modification to the CAWMP and the Permit prior to modification of the facility. All new and expanding operations must demonstrate that waste management system will satisfy the requirements of G.S. § 143- 215.10.I. No collection, treatment or storage facilities may be constructed in a 100-year flood plain. 6. Facilities located in watersheds sensitive to nutrient enrichment may be notified by the Division to conduct an evaluation of the facility and its CAWMP to determine the facility's ability to comply with the NRCS nutrient management standard as it relates to phosphorous. This evaluation will not be required until such time as the permittee is notified by the Division. The evaluation must be documented on forms supplied by or approved by the Division and must be submitted to the Division. This evaluation must be completed by existing facilities within twelve (12) months of receiving notification from the Division. For facilities located in watersheds sensitive to nutrient enrichment, all fields with a "HIGH" phosphorous -loss assessment rating shall have land application rates that do not exceed the established crop removal rate for phosphorous. There shall be no waste application on fields with a "VERY HIGH" phosphorous -loss assessment rating. 7. A copy of this Permit, the WUP(s), approved design documents, as -built specifications, operation and maintenance plan, and all certification forms shall be readily available at the Facility (stored at places such as the'farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this Permit_ These documents shall be kept in good condition and records shall be maintained in an orderly fashion. Upon completion of construction and prior to operation of the new Waste -to -Energy System, as - built plans and specifications and the certification, signed and sealed by a Professional Engineer, must be submitted certifying that the permitted Facility has been installed in accordance with this Permit, and best engineering practices. Mail the attached Engineer's Certification form to the Animal Feeding Operations Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. 9. The Wilmington Regional Office, telephone (910) 796-7215, shall be notified at least forty-eight (48) hours in advance of operation of the installed Waste -to -Energy System so that an in -place inspection can be made. Such notification to the Regional Supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 10. The Waste -to -Energy System including the spray irrigation system shall be effectively maintained and operated at all times so that there is no discharge to surface waters or any contamination of ground waters, which will render them unsatisfactory for normal use. In the event that the Waste -to -Energy System fails to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division. H. Animal waste shall not be applied within 100 feet of any well with the exception of monitoring wells. The allowable distance to monitoring wells shall be established on a case -by -case basis by the Division. H. OPERATION AND MAINTENANCE REQUIREMENTS The collection, treatment, and storage units and the land application equipment and fields shall be properly operated and maintained at all times. 2. A vegetative cover shall be maintained as specified in the facility's CAWNT on all land application fields and buffers in accordance with the CAWMP_ No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWNT allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy. 3. Soil pH on all land application fields must be maintained in the optimum range for crop production. 4. Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the agronomic rate of the nutrient of concern for the receiving crop. 5. In no case shall land application rates result in excessive ponding or any runoff during any given application event. 6. Animal waste shall not be directly applied onto crops for direct human consumption that do not undergo further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within thirty (30) days of the harvesting of fiber and food crops for direct human consumption that undergoes further processing. 7. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land, or prior to the next rainfall event, whichever occurs first. This requirement does not apply to no -till fields, pastures, or fields where crops are actively growing. No material other than animal wastes of the type generated on this facility shall be disposed of in the animal waste collection, treatment, storage, or application systems. This includes but is not limited to pesticides, toxic chemicals and petroleum products. 9. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, and storage and application system. Washdown of stock trailers owned by and used to transport animals to and from this Facility only will be permissible as long as the system can accommodate the additional volume. Only those cleaning agents and soaps that are EPA approved according to their label, will not harm the cover crop, and will not contravene the groundwater standards listed in 15A NCAC 2L may be utilized in facilities covered by this Permit_ Instruction labels are to be followed when using cleaning agents and soaps. 10. Disposal of dead animals resulting from normal mortality rates associated with the facility shall be done in accordance with the facility's CAWNT and the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and regulations. 1i Disposal of dead animals whose numbers exceed normal mortality rates associated with the facility shall also be done in accordance with the facility's CAWMP and NCDA&CS Veterinary Division's Statutes and regulations provided that: 1) burial of such animals shall be done in consultation with the State Veterinarian of the NCDA&CS Veterinary Division's Statutes and in compliance with NCDA&CS regulations; 2) all such burial sites must be mapped, and the dates and numbers of the animals buried by species and type must be recorded; and 3) the map is submitted to the appropriate Regional Office Aquifer Protection Section within fifteen (15) calendar days of burial. In the event of a state of emergency declared by the Governor, disposal of dead animals shall be done in accordance with requirements and guidelines dictated by the State Veterinarian according G.S. § 106-339.4. The Division may require groundwater monitoring when there is massive burial of animals. All burial sites of such animals must be mapped, and the dates and numbers of the animals buried by species and type must be recorded. H. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste system, including but not limited to lagoons, storage ponds, sludge treatment or containment areas, and/or open storage structures to prevent any unnecessary addition to the liquid volume in the structures. 12. A protective vegetative cover shall be established and maintained on all earthen basin embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible. 13. At the time of sludge removal from either the digesters or the lagoons, the sludge must be managed in accordance with the CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to the lagoon dikes and liner- Any- proposed modification to add solids separation of digester effluent shall require approval from the Division prior to construction/installation. 14. All treatment units shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. I5. The facility must have at least one of the following items at all times: (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, or (c) a contract with a third party applicator capable of providing adequate waste application. 16. The Permittee shall designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system. The waste management system shall be operated by the Operator in Charge (OIC) or a person under the OIC's supervision. 7 17. In accordance with I5A NCAC 8F .0203(bx2), the OIC or a designated back-up OIC of a Type A Animal Waste Management System shall inspect, or a person under the supervision of an OIC or designated back-up OIC shall inspect, the land application site as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, sprayfield number and name of the operator for each inspection. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. The Permittee may assert as an affirmative defense in any enforcement action alleging noncompliance with the requirements imposed in this condition that such noncompliance was due to circumstances beyond the Permittee's control. A notation shall be made on the form indicating the inspection affected by such circumstance and an explanation setting forth the circumstances claimed to have been beyond the Permittee's control shall be submitted with the form. 18. The Director may require any permittee to install and operate flow meters with flow totalizers based on the facility's violations and/or incomplete or incorrect record keeping events. 19. No waste shall be applied in wind conditions that might reasonably be expected to cause the mist to reach surface waters or wetlands or cross property lines or field boundaries. 20. The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage areas and land application areas. 21. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow covered at the time of land application. 22. Land application of waste is prohibited during precipitation events. The Permittee shall consider pending weather conditions in making the decision to land apply waste and shall document the weather conditions at the time of land application on forms supplied by or approved by the Division. Land application of waste shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system including a hurricane, tropical storm, or tropical depression for the county in which the permitted facility is located. Watches and warnings for Duplin County are posted on the National Weather Service's website located at: www.erb.noaa.gov/er/mhx/. Watch and warning information can also be obtained by calling the Newport/Morehead City, NC National Weather Service Office that serves Duplin County at (252) 223-5737. The Director may require any permittee to install, operate and maintain devices on all irrigation pumps/equipment designed to automatically stop irrigation activities during precipitation. This decision will be based on the facility's compliance history for irrigation events. 0 23. If liquid effluent samples show that additional land will be necessary for application of nitrogen at agronomic rates, the Permittee will -take immediate action. This action may include, but may not be limited to, one of the following: a) preparing additional land at the site for land application wastewater or solids, b) acquiring leased land agreements for land application of wastewater or solids, or c) decrease the animal population to that which creates a balance between nutrients produced and utilization on the existing land application and crops, or d) any other method approved by the Division. - 24. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater than 3,000 (213 pounds per acre). 25. All waste application equipment must be tested and calibrated at least once every two years. The results must be documented on forms provided by, or approved by, the Division. 26. Any major structural repairs to the digesters or the lagoons must have written documentation from a Professional Engineer certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the replacement involves disturbing the lagoon/storage pond embankment or liner. 27. Crops for which animal waste is land applied must be removed from the land application site and properly managed and utilized unless other management practices are approved in the CAWMP. 28. In the case of interruption or failure of the Waste -to -Energy System, the Permittee will follow the Emergency Action Plan (EAP) as submitted. III. MONITORING AND REPORTING. REQUIREMENTS An inspection of the waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation but at least monthly and after all storm events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Inspection shall also include visual observation of subsurface drain outlets, ditches, and drainage ways for any discharge of waste. 2. The Permittee or a designee shall keep a log of all operational changes made to the Waste -to - Energy System including at least the process parameter that was changed, the date and time of the change, the reason for the change, and all observations made both at the time of the change and subsequently as a result of the change_ A representative Standard Soil Fertility Analysis shall be conducted annually on each application site receiving animal waste. The results of these tests shall be maintained on file by the Permittee for a minimum of three (3) years and shall be made available to the Division upon request. 4. All records, including operation, maintenance, and repair records, shall be maintained on site and in chronological and legible form for a minimum of three (3) years by the Permittee. These records shall be maintained on forms provided by or approved by the Division and shall be readily available for inspection. 9 5. Monitoring and Recording Freeboard Levels: a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each storage pond that does not gravity feed through a free flowing transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings. The waste level in each structure with a waste level gauge shall be monitored and recorded weekly on forms supplied by or approved by the Division. The Director may require more frequent monitoring and recording of waste levels based on the facility's compliance history for freeboard violations. b. Freeboard violations in,any two consecutive years following the issuance of this Permit, or as determined necessary by the Director, shall monitor and record waste levels as follows: In addition to the facility's existing lagoon waste -level gauges, automated lagoon/storage pond waste -level monitors and recorders (monitored and recorded at least hourly) must be installed on all treatment and storage structures covered by a COC issued under this Permit to measure and record freeboard. This equipment must be properly maintained and calibrated in a manner consistent with manufacturer's operation and maintenance recommendations. This automated equipment must be in place no later than ninety (90) days following notification from the Director. The Director may determine that installation of automated waste level monitors is not required if the Permittee can demonstrate that preventative measures were taken to avoid the violations and that the violations resulted from conditions beyond the Permittee's control. If an automated level monitor(s) becomes inoperable, the Permittee shall: i. report the problem by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the problem; and, ii. make any needed repairs to the equipment as quickly as possible, and take and record daily waste levels at the same time every day until such time as the automated equipment is placed back into operation_ c. The Director may require new or modified waste -level gauges if it is determined that the existing gauges are not adequate to accurately indicate actual waste levels, or the various waste levels required to be maintained by this Permit or the CAWMP. 6. Monitoring and Recording Precipitation Event a. Precipitation events at the facility to operate under this Permit shall be monitored and recorded as follows: A rain gauge must be installed at a site that is representative of the weather conditions at the farm's land application site(s) to measure all precipitation events. The precipitation type and amount must be recorded daily for all precipitation events and maintained on site for review by the Department of Environment and Natural Resources (Department). Daily records do not need to be maintained for those days without precipitation events. 10 b. The Director may require that an automated rain gauge and recorder must be installed on site to measure and record all precipitation events. This equipment must be properly maintained and calibrated in a manner consistent with manufacturer's operation and maintenance recommendations. This automated equipment must be in place no later than ninety (90) days following receipt of notice from the Director. If an automated rain gauge(s) becomes inoperable, the Permittee shall: i. report the problem by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty four (24) hours following fast knowledge of the problem; and, ii. make any needed repairs to the equipment as quickly as possible, and take and record all rainfall events until such time as the automated equipment is placed back into operation. 7. An analysis of the animal waste to be land applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. Every reasonable effort shall be made to have the waste analyzed prior to the date of application and as close to the time of waste application as possible. This analysis shall include the following parameters: Nitrogen Zinc Phosphorus Copper 8. The Permittee shall record all irrigation and land application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record removal of solids and document nutrient loading rates if disposed of on -site, or record the off -site location(s). These records must be on forms supplied by, or approved by, the Division. 9. A record shall be created and maintained of all transfers of waste between waste structures on the same site not typically operated in series. Such record shall include at least the identity of the structure from which the waste was transferred, the identity of the structure receiving the waste, the date and time of transfer and the total volume of waste transferred. 10. The Permittee must maintain monthly stocking records for the facility and make the records available to the Department. H . If, for any reason, there is a discharge from the waste collection, treatment, storage and application systems (including the land application sites), to surface waters or wetlands, the Permittee is required to make notification in accordance with Condition 111. 15. The discharge notification shall include the following information: a. Description of the discharge: A description of the discharge including an estimate of the volume discharged, a description of the flow path to the receiving surface waters or wetlands and a site sketch showing the path of the waste. Time of the discharge: The length of time of the discharge, including the exact dates and times that it started and stopped, and if not stopped, the anticipated time the discharge is expected to continue. 11 C. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a precipitation event, detailed information from the on -site rain gauge concerning the inches and duration of the precipitation event. d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to prevent future discharges from the same cause. e. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition M. 7 above. f. A waste sample, obtained within seventy-two (72) hours following first knowledge of the discharge to surface waters or wetlands, from the source lagoon/storage pond, shall be analyzed for the following minimum parameters: Fecal colifonn bacteria Five-day biochemical oxygen demand (BODS) Total suspended solids Total phosphorous Ammonia nitrogen (NH3-N) Total Kjeldahl nitrogen (TKN) Nitrate nitrogen (NO3-N) Monitoring results must be submitted to the Division within thirty (30) days of the discharge event 12. In accordance with 15A NCAC 02T .0108(c), the Division may require any monitoring and reporting (including but not limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond levels and plant tissue) necessary to determine the source, quantity, quality, and effect of animal waste upon the surface waters, groundwaters or wetlands. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Division requirements. 13_ A copy of this Permit, certification forms, lessee and landowner agreements, the CAWMP, the Operations and Maintenance Manual, and copies of all records required by this Permit and the facility's CAWMP shall be maintained by the Permittee in chronological and legible form for a minimum of three (3) years. Records include but are not limited to: soil and waste analyses, rain gauge readings, freeboard levels, irrigation and land application event(s), past inspection reports and operational reviews, animal stocking records, records of additional nutrient sources applied (including but not limited to sludges, unused feedstuff leachate, septage and commercial fertilizer), cropping information, waste application equipment testing and calibration, and records. of removal of solids to off -site location(s). These records shall be maintained on forms provided or approved by the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this Permit, unless otherwise specified in this Permit. 14. Within fifteen (15) working days of receiving the request from the Division, the Permittee shall provide to the Division one (1) copy of all requested information and reports related to the operation of the animal waste management system. Once received by the Division, all such information and reports become public information, unless they constitute confidential information under NC G.S. 132-1.2, and shall be made available to the public by the Division as specified in Chapter 132 of the General Statutes. 12 15. Regional Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, and storage and land application system resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal system that renders the Facility incapable of adequately receiving, treating or storing the animal waste and/or sludge. c. A spill or discharge from a vehicle or piping system transporting animal waste or sludge which results in, or may result in, a discharge to surface waters or an event that poses a serious threat to surface.waters, wetland, or human health or safety. d. Any deterioration or leak in a treatment unit that poses an immediate threat to the environment. e. Failure to maintain adequate storage capacity in a treatment unit greater than or equal to that required in Condition VI.2 of this permit. f Any discharge that bypasses a treatment unit. g. Any discharge that poses a serious threat to the environment or human safety or health. h. Any failure of any component of the Waste -to -Energy System_ i. Over applying waste either in excess of the limits set out in the CAWIVIP or where runoff enters surface waters or wetlands. For any emergency that requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate division.within the Wilmington Regional Office of the occurrence within five (5) calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed actions to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Regional Office. 16. The Director may require the Pennittee to file an annual certification report based on the compliance history of the facility. If required, the report must be filed on forms provided by the Division. 17. The Director may require this facility to submit additional reports and/or certifications based on compliance history. 13 1 S. In the event of a discharge of 1,000 gallons or more of waste to surface waters or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request. 19. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or wetlands, a public notice is required in addition to the press release described in Condition M.18. The public notice must be placed in a newspaper having general circulation in the county in which the discharge occurred and the county immediately downstream within ten (10) days of the discharge. The minimum content of the notice is the name of the facility, location of the discharge, estimated volume of waste entering state waters, time and date discharge occurred, duration of the discharge, identification water body that was discharged into including creek and river basin if applicable, actions taken to prevent further discharge, and a facility contact person and phone number. 20. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters or wetlands, the appropriate Division Regional Office must be contacted to determine in what additional counties, if any, a public notice must be published. A copy of all public notices and proof of publication must be sent to the Division within thirty (30) days of the discharge. 21. The Permittee shall conduct a survey of the sludge accumulation in all lagoons every year. The survey report should be written on forms provided or approved by the Division and shall include a sketch showing the depth of sludge in the various locations within each lagoon. This survey frequency may be reduced if it can be demonstrated to the satisfaction of the Division that the rate of sludge accumulation does not warrant an annual survey. If the sludge accumulation is such that the structure does not satisfy the criteria set by NRCS NC Conservation Practice Standard No. 359, a sludge removal or management plan must be submitted to the appropriate Division Regional Office within ninety (90) days of the determination. The plan shall describe removal and waste utilization procedures to be used. Compliance regarding sludge levels must be achieved within two (2) years of the determination. 22. If required by 15A NCAC 02T Section .1300, the Division may notify the permittee to conduct compliance water quality monitoring on surface and/or groundwater during the period of this Permit. This monitoring will not be required until such time as the Division notifies the permittee. A monitoring plan shall be established within the time specified by the above referenced rules. All monitoring must be performed using standard sampling protocol, tested at a laboratory approved by the Division, and results must be submitted to the Division. IV. GROUNDWATER REQUIREMENTS The Groundwater Compliance Boundary is established by 15A NCAC 2L .0102 and 15A NCAC 2T .0103. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. 2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 14 V. INSPECTIONS The Permittee shall allow any authorized representative of the Department, upon the presentation of credentials and other documents as may be required by law and in accordance with reasonable and appropriate biosecurity measures, to: a. Enter the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit; C. Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Permit; and, d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance, any substances or parameters at any location. VI. - GENERAL CONDITIONS 1. The issuance this Permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water, wetlands, groundwater and air quality standards or for damages to surface waters, wetlands or groundwaters resulting from the animal operation. 2. The maximum waste level in the digesters or lagoons shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 year, 24-hour storm, event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural freeboard. 3. All containment basins, such as a lagoon or digester, used for waste management shall continue to be subject to the conditions and requirements of this Permit until properly closed. When the containment basin is properly closed in accordance with the MRCS NC Conservation Practice Standard No. 360 "Closure of Waste Impoundments," February 2008 or any subsequent amendment, the containment basin shall not be subject to the requirements of this Permit. The Permittee must submit a letter to the Division to request rescission of the Permit by providing documentation of closure of all containment basins. CIosure shall also include a minimum of 24 hours pre -notification of the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the address identified on the form within fifteen (15) days of completion of closure. 4. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of its COC to operate under this Permit. 5. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements, which are required in the CAWMP, shall constitute grounds for revocation of this Permit. 15 6. Upon classification of the Facility by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a Certified Water Pollution Control System Operator (Operator) to operate the Facility. The designated Operator must hold a certificate of the same type(s) and grade(s) as the classification(s) assigned to the Facility by the WPCSOCC. The Permittee may also be required to designate a certified back-up Operator of the appropriate type and grade to comply with the conditions of 15A NCAC 8G. 0202, The Permittee shall submit to the WPCSOCC a completed designation form designating the appropriately certified Operator(s) thirty (30) days prior to the introduction of waste into the system or within thirty (30) days of classification, in the case of the Existing System. The designated Operator of the Facility must visit the Facility as often as necessary to insure proper operation of the system, but in no case less frequently than as specified in 15A NCAC 8G .0204(2), 15A NCAC 8F. 0203, or both. 7. After the Waste -to -Energy System has been in use for one (1) year, the Permittee or their designee shall submit a progress report to the Division. This report shall include any updates or changes to the Operation and Maintenance Plan and any recommendations for improvements if the system is to remain operational. 8. After the Waste -to -Energy System has been in use for one (1) year the Penmittee or a designee must submit a comprehensive operator -training program to be approved by the Division. 9. The Division may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of any waste upon the Waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission (Commission) requirements. 10. Failure to abide by the conditions and limitations contained in this Permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A-6C and may include the requirement to obtain additional treatment or storage units and/or addition of land application sites, and/or the modification of the Waste -to -Energy System_ 11. The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal). 12. This Permit shall become voided unless the Facility is constructed in accordance with the conditions of this Permit, the approved plans and specifications, and other supporting data. 13. This Permit is effective only with respect to the nature and volume of wastes described in this Permit for the Magnolia III, DM Sites 1-4, Section 3 Sites 4-5_ Any proposed modification to an animal waste management system shall require approval from the Division prior to construction. 14. This Permit is not automatically transferable. In the event there is a desire for the Facility to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 16 15. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the Facility described therein, and if warranted, will extend the Permit for such period of time and under such conditions and limitations as it may deem appropriate. 16. The issuance of this Permit does not prohibit the Division from reopening and modifying the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the appropriate laws, rules, and regulations. 17. 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. VIL PENALTIES 1. Failure to abide by the conditions and limitations contained in this Permit; the facility's CAWMP; _and/or applicable state law; may subject the Pennittee to an enforcement action by the Division including but not limited to the modification of the animal waste management system, civil penalties, criminal penalties and injunctive relief. 2. The Permittee must comply with all conditions of this Permit. Any permit noncompliance constitutes a violation of state law and is grounds for enforcement action; for permit coverage termination, revocation and reissuance, or modification; or denial of a permit coverage renewal application. 3. It shall not be a defense for a Permittee in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Permit. VIII. DEFINITIONS 25-year, 24-hour rainfall or storm event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom. Agronomic rates means the amount of animal waste and/or other nutrient sources to be applied to lands as outlined in NRCS NC Conservation Practice Standards No. 590 "Nutrient Management" and No. 633 "Waste Utilization" or as recommended by the NCDA&CS and the North Carolina Cooperative Extension Service at the time of certification of the Animal Waste Management Plan by the appropriate certified technical specialist. Amendment to the CAWMP means a change and/or addition to a part(s) of the plan, and requires that the change and/or addition adhere to current applicable standards. The following are exhmples of amendments to the CAWMP: 17 • In an existing CAWMP, a change in crops and/or cropping pattern that utilizes 25% or less of the N generated is considered a plan amendment. Additional acreage needed to facilitate the change in crops and/or cropping pattern is permissible and considered part of the amendment. • The addition of winter crops and/or interseeded perennial crops are considered amendments to an existing CAWMP when the operation does not require additional acreage and/or crops for N utilization, and does not exceed the 25% criteria stated above. • When a CAWMP cannot meet N utilization requirements due to land lost to irrigation inefficiency (useable versus total acres), then the CAWMP may be amended to increase available acreage and/or change the crop for N utilization. This is the only exception to the 25%N criteria for plan revision. • Inclusions of emergency .action plans, and insect, odor and mortality checklists are considered CAWMP amendments. • Including additional acreage for land application beyond what is required in the existing CAWMP is considered a plan amendment. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (i) animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12) month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal of wastes. Certification means technical specialist certification of the CAWMP in accordance with the requirements of 15A NCAC 02T .1304. It is unrelated to terms "Annual Certification" as used in Condition 111.16 of this Permit, and the "No Discharge Certification Option" allowed by the November 2008 EPA CAFO Rule. Ditch: means any man made channel for the purpose of moving water off a site to the surface waters. Excessive Ponding means any area of the application field where visible liquid waste is ponded on the surface of the land application site more than four (4) hours following the application of waste. Excessive ponding also means any areas where the ponding of waste has resulted in crop failure. Groundwaters mean any subsurface waters, as defined in 15A NCAC 2L .0102. Land application means the application of wastewater and/or waste solids onto or incorporation into the soil. Major changes to the CAWMP means changes in the number of animals, type of operation (feeder to finish to wean to feeder), retrofit of a lagoon, installation of a new irrigation system, and similar type changes. Recertification is only required for major changes to the CAWMP. Major changes to a facility must first be approved by DWQ. The new CAWMP and the certification shall be submitted with a request that the COC be amended to reflect the changes. The facility may not make the changes until a new or amended COC has been issued. 18 Revision to the CAWMP means a change to an entire CAWMP to meet current applicable standards. A CAWMP must be revised if the operation cannot utilize all N nitrogen generated by the animal production in accordance with the existing CAWMP, except for the specific conditions noted in the CAWMP amendment criteria as previously defined. For an existing CAWMP, a change in crops and/or cropping pattern that utilizes more than 25% of the N generated by the operation is considered a plan revision. Any change to an existing CAWMP, whether an amendment or revision, must be signed and dated by both the producer and a technical specialist for the new CAWMP to be valid. A revision of the CAWMP does not require recertification. State Waters means all surface waters, wetlands, groundwaters and waters of the United States located in the State. Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other surface body or surface accumulation of water, whether public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of the State of North Carolina, including any portion of the Atlantic Ocean over which the State has jurisdiction as well as any additional Waters of the United States which are located in the State. Waste means manure, animal waste, process wastewater and/or sludge generated at an animal feeding operation. Wetlands means areas that are inundated or saturated by an accumulation of surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined in 15A NCAC 2B .0202. Permit issued this the 21 st day of December, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. AW1310015 19 Permit No. AW1310015 December 21, 2012 ENGINEER'S CERTIFICATION 1, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project Location Project Name for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this Permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 21 Beverly Eaves Perdue Governor Avihhv- Wd R North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.F. Director Ironside Investment Management, LLC Magnolia III, DM Sites 1-4, Section 3 Sites 4-5 PO Box 1139 Wallace, NC 28466 Dear Ironside Investment Management, LLC: December 21, 2012 Dee Freeman Secretary Subject: Permit No. AW1310015 Magnolia 111, DM Sites 1-4, Section 3 Sites 4-5 Waste -to -Energy Animal Waste Management System Duplin County In accordance with your permit application received September 27, 2012 and subsequent additional information received on October 31, 2012, and December 12, 2012, we are forwarding herewith Permit No. AW1310015 issued to Ironside Investment Management, LLC, authorizing the construction and operation of a psychrophilic anaerobic digestion animal waste treatment system to produce renewable energy (Waste -to -Energy System) for Magnolia III, DM Sites 1-4, Section 3 Sites 4-5 (Facility), located in Duplin County. This approval shall consist of the construction and operation of six psychrophilic anaerobic digesters to be, operated in conjunction with the six existing lagoons for animal waste treatment at the following farm sites: DM 3-4, DM 3-5, DM 4-1, DM 4-2, DM 4-3, and DM 4-4. When frilly implemented, the Waste -to -Energy System shall serve as the treatment system for the animal waste stream for the 47,520 Feeder to Finish swine at the above listed sites. All animal waste for the 1,000 Feeder to Finish, 4,400 Farrow to Wean, and 400 Wean to Feeder swine at the Magnolia III farm site will continue to be treated using the existing conventional lagoon/sprayfield system. Any increase in flow or increase in stocked animals above the listed values in this Permit will require a modification to this Permit and shall be completed prior to actual increase in either flow or number of animals. Please be advised that any permits for the generator at this facility will be issued separately by the- Division of Air Quality. The Permit shall be effective from the date of issuance until November 30, 2017, and shall hereby void Certificate of Coverage Number AWS310015 issued December 6, 2011. You are authorized and required to operate the system in conformity with the conditions and limitations as specified in this Permit, and the facility's CAWMP_ . Please Ray particular attention to the record keeping and monitoring requirements in this Permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Any $roposed modification to add solids separation of digester effluent shall require -approval from the Division. You must apply for and receive a permit modification prior to the 1 astallation of solids separation technology. You are subject to the conditions of this Permit until the closure of all waste treatment and storage structures and the rescission of this Permit. You must submit a letter to the Division of Water Quality to request rescission of the Permit by providing documentation of closure of all treatment and containment structures. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-807-64641 FAX:919-807.64961 Customer Service:1-877-62M748 Internet www.ncwaterqualityorg An Equal opportunity 1 AlI mauve Aefim EmplaM ne NorthCarolina Aatura!!ff If any parts, requirements, or limitations contained in this Permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this Permit shall be final and binding. If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights in either real or personal property. Per 15A NCAC 2T. OI 11(c), a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards, a 100-ft separation shall be maintained between water supply wells and any lagoon, storage pond, digester, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this Permit may result in revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an application for renewal must be filed at least 180 days prior to expiration. This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 796-7215. If you need additional information concerning this Permit, please contact the Animal Feeding. Operations Unit staff at (919) 807-6464. Sincerely, �U for Charles Wakild, P.E.- Enclosure cc: Duplin County Health Department Duplin County Soil and Water Conservation District Wilmington Regional Office, Aquifer Protection Section Gary Saunders; Division of Air Quality Alan Tank, Revolution Eneigy Solutions, 1615 New Hampshire Ave, NW, Suite LL-C, Washington,,D.C. 20009 APS Central Files (Permit File AW1310015) AFO Notebook File AWI310015 K NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Ironside Investment Management, LLC Duplin County FOR THE construction and operation of a psychrophilic anaerobic digestion animal waste treatment system to produce renewable energy (Waste -to -Energy System) consisting of six 379,130 gallon tank digesters, six 15,000 gallon waste pits/lift stations, six existing earthen Iined lagoons for treated effluent storage, one 2,400 m3 biodome biogas storage structure, one gas conditioning unit, one Combined Heat and Power (CH?) unit, and all necessary pipes, pumps, alarms, controls, and appurtenances to serve the 47,520 Feeder to Finish swine at DM 34, DM-3-5, DM 4-1, DM 4-2, DM 4-3, and DM 4-4 farm sites, with no discharge of wastes to surface waters, in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources (DENR) and considered a part of this Permit. PIease be advised that any permits for the generator at this facility will be issued separately by the Division of Air Quality. The Waste -to -Energy System in its entirety shall serve as the waste treatment system for the animal waste stream for the 47,520 Feeder to Finish swine at DM 3-4, DM 3-5, DM 4-1, DM 4-2, DM 4-3, and DM 4-4 farm sites. Bypass of the Waste -to -Energy System is prohibited; all wastes at these farm sites shall be treated by the Waste - to -Energy System. All animal waste for the 1,000 Feeder to Finish, 4,400 Farrow to Wean, and 400 Wean to Feeder swine at the Magnolia 111 farm site will continue to be treated using the existing conventional lagoon/sprayfield system. All existing lagoon structures shall be properly operated and maintained through out the construction and operation of the additional components of the Waste -to -Energy System. This Permit shall be effective from the date of issuance until November 30, 2017 and shall be subject to the following specified conditions and limitations. I. PERFORMANCE STANDARDS The animal waste collection, treatment, storage and land application system permitted under this Permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge, or through ditches, terraces, or grassed waterways not otherwise classified as state waters. Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance with Natural Resources Conservation Service (MRCS) Standards and does not result in a discharge of waste to surface waters or wetlands. Facilities must be designed, constructed, operated, and maintained to contain all waste plus runoff from a 25-year, 24-hour rainfall event for the location of the facility. If the Permittee is in compliance with this Permit and. the facility's Certified Animal Waste Management Plan (CAWMP), and unintentionally discharges as a result of a storm event greater than the 25-year, 24-hour storm, the Facility will not be considered to be in violation of this Permit. 2. This Permit does not allow the Pcrmittee to cause a violation of any of the water quality standards established pursuant to Title 15A, Subchapter 2B of the North Carolina Administrative Code and Title 15A, Subchapter 2L of the North Carolina Administrative Code. 3. The facility's CAWMP and Operation and Maintenance Plan are hereby incorporated by reference into this Permit. The above referenced plans must be consistent with all applicable laws, rules, ordinances, and standards (federal, state and local) in effect at the time of siting, design and certification of the facility. The Permittee must assess and record, on an ongoing basis, the effectiveness of the implementation of the CAWMP. The Permittee must make "major changes," "revisions," or "amendments" to the CAWMP, as defined in Section M "Definitions," of this Permit, in order to address any changes needed to maintain compliance this Permit. "Major changes," "revisions," and "amendments" to the CAWMP must be documented, dated, and included as part of the CAWMP. "Major changes " and "revisions" to the CAWMP shall be submitted to the appropriate Division of Water Quality (Division) Regional Office within thirty (30) calendar days of the "major change", or ."revision." "Amendments" are not required to be submitted to the Division Regional Office unless specifically requested by the Division. If field, riser or pull numbers are changed, an explanation shall also be submitted and include a description of how the new numbers relate to the old numbers. Any violation of the CAWMP or the Operation and Maintenance Plan, shall be considered a violation of this Permit and subject to -enforcement actions. A violation of this Permit may result in the Permittee having to take , immediate or long :term corrective . action(s) : as required by the Division. These actions may include but are not limited to: modifying the CAWMP; ceasing land application of waste; removing animals from the facility; or the Permit being reopened and modified, revoked and reissued, and/or terminated. 4. A violation of this Permit may result in the Permittee having.to take immediate or long term corrective action(s) as required by the Division. These actions may include ceasing use of the Waste -to -Energy System, modifying operation of the Waste -to -Energy System, modifying the WUP, ceasing land application of waste, or removing animals from the Facility. 4 This Facility may not be expanded above the capacity shown in this Permit until a new permit reflecting the expansion has been issued. Any proposed increase or modification to the annual average design capacity from that authorized by this Permit will require a modification to the CAWMP and the Permit prior to modification of the facility. All new and expanding operations must demonstrate that waste management system will satisfy the requirements of G.S. §143- 215.10.1. No collection, treatment or storage facilities may be constructed in a 100-year flood plain. 6. Facilities located in watersheds sensitive to nutrient enrichment may be notified by the Division to conduct an evaluation of the facility and its CAWMP to determine the facility's ability to comply with the NRCS nutrient management standard as it relates to phosphorous. This evaluation will not be required until such time as the permittee is notified by the Division. The evaluation must be documented on forms supplied by or approved by the Division and must be submitted to the Division. This evaluation must be completed by existing facilities within twelve (12) months of receiving notification from the Division. For facilities located in watersheds sensitive to nutrient enrichment, all fields with a "HIGH" phosphorous -loss assessment rating shall have land application rates that do not exceed the established crop removal rate for phosphorous. There shall be no waste application on fields with a "VERY HIGH" phosphorous -loss assessment rating. 7. A copy of this Permit, the WUP(s), approved design documents, as -built specifications, operation and maintenance plan, and all certification forms shall be readily available at the Facility (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this Permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. 8. Upon completion of construction and prior to operation of the new Waste -to -Energy System, as - built plans and specifications and the certification, signed and sealed by a Professional Engineer, must be submitted certifying that the permitted Facility has been installed in accordance with this Permit, and best engineering practices. Mail the attached Engineer's Certification form to the Animal Feeding Operations Unit, 1636 Mail Service -Center, Raleigh, NC 27699-1636. 9. The Wilmington Regional Office, telephone (910) 796-72I5, shall be notified at least forty-eight (48) hours in advance of operation of the installed Waste -to -Energy System so that an in -place inspection can be made. Such notification to the Regional Supervisor shall be made during the normal office hours from 8.00 a.m, until 5:00 p.m. on Monday through Friday, excluding State Holidays. 10, The Waste -to -Energy System including the spray irrigation system shall be effectively maintained and operated at all times so that there is no discharge to surface waters or any contamination of ground waters, which will render them unsatisfactory for normal use. In the event that the Waste -to -Energy System fails to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division. 11. Animal waste shall not be applied within 100 feet of any well with the exception of monitoring wells. The allowable distance to monitoring wells shall be established on a case -by -case basis by the Division. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The collection, treatment, and storage units and the land application equipment and fields shall be properly operated and maintained at all times. 2. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy. 3. Soil pH on all land- application fields must be maintained in the opiimuin range for crop production. 4. Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the agronomic rate of the nutrient of concern for the receiving crop. 5. In no case shall land application rates result in excessive, ponding; or any runoff during any given application event. 6. Animal waste shall not be directly applied onto crops for direct human consumption that do not undergo further processing (e.g., strawberries, melons, lettuce; -cabbage, apples, etc.) at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within thirty (30) days of the harvesting of fiber and food crops for direct human consumption that undergoes further processing. 7. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land, or prior to the next rainfall event, whichever occurs first. This requirement does not apply to no -till fields, pastures, or fields where crops are actively growing. 8. No material other than animal wastes of the type generated on this facility shall be disposed of in the animal waste collection, treatment, storage, or application systems. This includes but is not limited to pesticides, toxic chemicals and petroleum products. 9. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, and storage and application system. Washdown of stock trailers owned by and used to transport animals to and from this Facility only will be permissible as long as the system can accommodate the additional volume. Only those cleaning agents and soaps that are EPA approved according to their label, will not harm the cover crop, and will not contravene the groundwater standards listed in .15A NCAC 2L inay be utilized in facilities covered by this Permit. Instruction labels are to be followed when using cleaning agents and soaps.' 10. Disposal of dead animals resulting from normal mortality rates associated with the facility shall be done in accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and regulations. L Disposal of dead animals whose numbers exceed normal mortality rates associated with the facility shall also be done in accordance with the facility's CAWMP and NCDA&CS Veterinary Division's Statutes and regulations provided that: 1) burial of such animals shall be done in consultation with the State Veterinarian of the NCDA&CS Veterinary Division's Statutes and in compliance with NCDA&CS regulations; 2) all such burial sites must be mapped, and the dates and numbers of the animals buried by species and type must be recorded; and 3) the map is submitted to the appropriate Regional Office Aquifer Protection Section within fifteen (15) calendar days of burial. In the event of a state of emergency declared by the Governor, disposal of dead animals shall be done in accordance with requirements and guidelines dictated by the State Veterinarian according G.S. §106-339.4. The Division may require groundwater monitoring when there is massive burial of animals. All burial sites of such animals must be mapped, and the dates and numbers of the animals buried by species and type must be recorded. 11. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste system, including but not limited to lagoons, storage ponds, sludge treatment or containment areas, and/or open storage structures to prevent any unnecessary addition to the Iiquid volume in the structures. 12. A protective vegetative cover shall be established and maintained . on all earthen basin embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible. 13. At the time of sludge removal from either the digesters or the lagoons, the sludge must be managed in accordance with the CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to the lagoon dikes and Iiner. Any proposed modification to add solids separation of digester effluent shall require approval from the Division prior to construction/installation. 14. AlI treatment units shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 15. The facility must have at Ieast one of the following items at all times: (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, or (c) a contract with a third party applicator capable of providing adequate waste application. 16. The Permittee shall designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system. The waste management system shall be operated by the Operator in Charge (OIC) or a person under the OIC's supervision. 17. In accordance with 15A NCAC 8F .0203(b)(2), the OIC or a designated back-up OIC of a Type A Animal Waste Management System shall inspect, or a person under the supervision of an OIC or designated back-up OIC shall inspect, the land application site as often as necessary to insure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms .supplied by, or approved by, the Division and shall include the date, time, sprayfeld number and name of the operator for each inspection. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. The Permittee may assert as an affn-mative defense in any enforcement action alleging noncompliance with the requirements imposed in this condition that such noncompliance was due to circumstances beyond the Permittee's control. A notation shall be made on the form indicating the inspection affected by such circumstance and an explanation setting forth the circumstances claimed to have been beyond the Permittee's control shall be submitted with the form. 18. The Director may require any permittee to install and operate flow meters with flow totalizers based on the facility's violations and/or incomplete or incorrect record keeping events. 19. No waste shall be applied in wind conditions that might reasonably be expected to cause the mist to reach surface waters or wetlands or cross property lines or field boundaries. 20. The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage areas and land application areas. 21. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow covered at the time of land application. - 22. Land application of waste is prohibited during precipitation events. The Permittee shall consider pending weather conditions in making the decision to land apply waste and shall document the weather conditions at the time of land application on forms supplied by or approved by the Division. Land application of waste shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system including a hurricane, tropical storm, or tropical depression for the county in which the permitted facility is located. Watches and warnings for Duplin County are posted on the National Weather Service's website located at: www.erh.noaa.r/mhx/. Watch and warning information can also be obtained by calling the Newport/Morehead City, NC National Weather Service Office that serves Duplin County at (252) 223-5737. The Director may require any permittee to install, operate and maintain devices on all irrigation pumps/equipment designed to. automatically stop irrigation activities during precipitation. This decision will be based on the facility's compliance history for irrigation events. 23. If liquid effluent samples show that additional land will be necessary for application of nitrogen at agronomic rates, the Permittee will take immediate action. This action may include, but may not be limited to, one of the following: a) preparing additional land at the site for land application wastewater or solids, b) acquiring leased land agreements for land application of wastewater or solids, or c) decrease the animal population to that which creates a balance between nutrients produced and utilization on the existing land application and crops, or d) any other method approved by the Division. 24. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater than 3,000 (213 pounds per acre). 25_ All waste application equipment must be tested and calibrated at least once every two years. The results must be documented on forms provided by, or approved by, the Division. 26. Any major structural repairs to the digesters or the lagoons must have written documentation from a Professional Engineer certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary (i.e. piping, reels, valves, pumps (if the gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the replacement involves disturbing the lagoon/storage pond embankment or liner. 27. Crops for which animal waste is land applied must be removed from the land application site and properly managed and utilized unless other management practices are approved in the CAWMP. 28. In the case of interruption or failure of the Waste -to -Energy System, the Permittee will follow the Emergency Action Plan (EAP) as submitted. M. MONITORING AND REPORTING REQUIREMENTS An inspection of the waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation but at least monthly and after all stone events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Inspection shall also include visual observation of subsurface drain outlets, ditches, and drainage ways for any, discharge of waste. 2. The Permittee or a designee shall keep a log of all operational changes made to the Waste -to - Energy System including at least the process parameter that was changed, the date and time of the change, the reason for the change, and all observations made both at the time of the change and subsequently as a result of the change. 3. A representative Standard Soil Fertility Analysis shall be conducted annually on each application site receiving animal waste. The results of these tests shall be maintained on file by the Permittee for a minimum of three (3) years and shall be made available to the Division upon request. All records, including operation, maintenance, and repair records, shall be maintained on site and in chronological and Iegible form for a minimum of three (3) years by the Permittee. These records shall be maintained on forms provided by or approved by the Division and shall be readily available for inspection. 9 Monitoring and Recording Freeboard Levels: a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each storage pond that does not gravity feed through a free flowing . transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings. The waste level in each structure with a waste level gauge shall be monitored and recorded weekly on forms supplied by or approved by the Division. The Director may require more frequent monitoring and recording of waste levels based on the facility's compliance history for freeboard violations. b. Freeboard violations in any two consecutive years following the issuance of this Permit, or as determined necessary by the Director, shall monitor and record waste levels as follows: In addition to the facility's existing lagoon waste -level gauges, automated lagoon/storage pond waste -level monitors and recorders .(monitored and recorded at least hourly) must be installed on all treatment and storage structures covered by a COC issued under this Permit to measure and record freeboard. This equipment must be properly maintained and calibrated in a manner consistent with manufacturer's operation and maintenance recommendations. This automated equipment must be in place no later than ninety (90) days following notification from the Director. The Director may determine that installation of automated waste level monitors is not required if the Permittee can demonstrate that preventative measures were taken to avoid the violations and that the violations resulted from conditions beyond the Permittee's control. If an automated level monitor(s) becomes inoperable, the Permittee shall: report the problem:by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the problem; and, ii. make any needed repairs to the equipment as quickly as possible, and take and record daily waste levels "at the same time every day until such time as the automated equipment is placed back'into operation. c. The Director may require new or modified waste -level gauges if it is determined that the existing gauges are not adequate to accurately indicate actual waste levels, or the various waste levels required to be maintained by this Permit or the CAWMP. Monitoring and Recording Precipitation Event a. Precipitation events at the facility to operate under this Permit shall be monitored and recorded as follows: A rain gauge must be installed at'a site that- is represantativ6 of the weather conditions at the farm's land application site(s) to measure all precipitation events. The precipitation type and amount must be recorded daily for all precipitation events and maintained on site for review by the Department of Environment and Natural Resources (Department). Daily records do not need to be maintained for those days without precipitation events. 10 b. The Director may require that an automated rain gauge and recorder must be installed on site to measure and record all precipitation events. This equipment must be properly maintained and calibrated in a manner consistent with manufacturer's operation and maintenance recommendations. This automated equipment must be in place no later than ninety (90) days following receipt of notice from the Director. If an automated rain gauge(s) becomes inoperable, the Permittee shall: L report the problem by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty four (24) hours following first knowledge of the problem; and, ii. make any neededrepairs to the equipment as quickly as possible, and take and record all rainfall events until such time as the automated equipment is placed back into operation. An analysis of the animal waste to be land applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. Every reasonable effort shall be made to have the waste analyzed prior to the date of application and as close to the time of waste application as possible. This analysis shall include the following parameters: Nitrogen Zinc Phosphorus Copper 8. The Permittee shall record all irrigation and land application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record removal of solids and document nutrient loading rates if disposed of on -site, or record the off -site location(s). These records must be on forms supplied by, or approved by, the Division_ 9. A record shall be created and maintained of all transfers of waste between waste structures on the same site not typically operated in series. Such record shall include at least the identity of the structure from which the waste was transferred, the identity of the structure receiving the waste, the date and time of transfer and the total volume of waste transferred. 10. The Permittee must maintain monthly stocking records for the facility and make the records available to the Department. IL If, for any reason, there is a discharge from the waste collection, treatment, storage and application systems (including the land application sites), to surface waters or wetlands, the Permittee is required to make notification in accordance with Condition III. 15. The discharge notification shall include the following information: a. Description of the discharge: A description of the discharge including an estimate of the volume discharged, a description of the flow path to the receiving surface waters or wetlands and a site sketch showing the path of the waste. b. Time of the discharge: The length of time of the discharge, including the exact dates and times that it started and stopped, and if not stopped, the anticipated time the discharge is expected to continue. 11 C. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a precipitation event, detailed information from the on -site rain gauge concerning the inches and duration of the precipitation event. d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to prevent future discharges from the same cause_ e. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition III. 7 above. A waste sample, obtained within seventy-two (72) hours following first knowledge of the discharge to surface waters or wetlands, from the source lagoon/storage pond, shall be analyzed for the following minimum parameters: Fecal coliform bacteria Five-day biochemical oxygen demand (BOD5) Total suspended solids Total phosphorous , Ammonia nitrogen (NH3-N) Total Kjeldahl nitrogen (TKN) Nitrate nitrogen (NO3-N) Monitoring results must be submitted to the Division within thirty (30) days of the discharge event. 12. In, accordance with 15A NCAC 02T .0108(c), the Division may require any monitoring and reporting (including but not limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond levels and plant tissue) necessary to determine the source, quantity, quality, and effect of animal waste upon'the surface waters, groundwaters or wetlands. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Division requirements. 13. A copy of this Permit, certification forms, lessee and landowner agreements, the CAWMP, the Operations and Maintenance Manual, and copies'of all records required by this Permit and the facility's CAWMP shall be maintained by the Permittee .in chronological and legible form for a minimum of three (3) years. Records include but are not limited to: 'soil and waste analyses, rain gauge readings, freeboard levels, irrigation and land application event(s), past inspection reports and operational reviews, animal stocking records, records of additional nutrient sources applied (including but not limited to' sludges, unused feedstuff leachate, septage and commercial fertilizer), cropping information, waste application equipment testing and calibration, and records of removal of solids to off -site location(s). These records shall.be maintained on forms provided or approved by the Division and shall be readily available at the facility (stored at places such as the farm residence, office, outbuildings; etc.) where animal waste management activities are being conducted for the life of this Permit, unless otherwise specified in this Permit. 14.. Within fifteen (15) working days of receiving the request from the Division, the Permittee shall provide to the. Division one (1) copy of all requested information and reports related to the operation of the animal waste management system.. Once received by the Division, all such information and reports become public information, unless they constitute confidential information under NC G.S. 132-1.2, and. shall be made available to the public by the Division as specified in Chapter 132 of the General Statutes. 12 l 5. Regional Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, and storage and land application system resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal system that renders the Facility incapable of adequately receiving, treating or storing the animal waste and/or sludge. c. A spill or discharge from a vehicle or piping system transporting animal waste or sludge which results in, or may result in, a discharge to surface waters or an event that poses a serious threat to surface waters, wetland, or human health or safety. d. Any deterioration- or leak in a treatment unit that poses an immediate threat to the environment. e. Failure to maintain adequate storage capacity in a treatment unit greater than or equal to that required in Condition VI.2 of this permit. f. Any discharge that bypasses a treatment unit. g. Any discharge that poses a serious threat to the environment or human safety or health. h. Any failure of any component of the Waste -to -Energy System. Over applying waste either in excess of the limits set out in the CAV IW or where runoff enters surface waters or wetlands. For any emergency that requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368, The Permittee shall also file a written report to the appropriate division within the Wilmington Regional Office of the occurrence within five (5) calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed actions to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Regional Office. 16. The Director may require the Permittee to file an annual certification report based on the compliance history of the facility. If required, the report must be filed on forms provided by the Division. 17, The Director may require this facility to submit additional reports and/or certifications based on compliance history. 13 18. In the event of a discharge of 1,000 gallons or more of waste to surface waters or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request. 19. In the'event of a discharge of 15,000 gallons or more of animal waste to surface waters or wetlands, a public notice is required in addition to the press release described in Condition M.18. The public notice must be placed in. a newspaper having general circulation in the county in which the discharge occurred and the county immediately downstream within ten (10) days of the discharge. The minimum content of the notice -is the name of the facility, location of the discharge, estimated volume of waste entering state waters, time and date discharge occurred, duration of the discharge, identification water body that was discharged into including creek and river basin if applicable, actions taken to prevent further discharge, and a facility contact person and phone number. 20. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters or wetlands, the appropriate Division Regional Office must be contacted to determine in what additional counties, if any, a public notice must be published. A copy of all public notices and proof of publication must be sent to the Division within thirty (30) days of the discharge. 21. The Permittee shall conduct a survey of the sludge accumulation in all lagoons every year. The survey report should be written on forms provided or approved by the Division and shall include a sketch showing the depth of sludge in the various locations within each lagoon. This survey frequency may be reduced if it can be demonstrated to the satisfaction of the Division that the rate of sludge accumulation does not warrant an annual survey. If the sludge accumulation is such that the structure does not satisfy the criteria set by NRCS NC Conservation Practice Standard No. 359, a sludge removal or management plan must be submitted to the appropriate Division Regional Office within ninety ' (90) days of the determination. The plan shall describe removal and waste utilization procedures to be used. Compliance regarding sludge levels must be achieved within two (2) years of the determination. 22. If required by 15A NCAC 02T Section .1300, the Division may notify the permittee to conduct compliance water quality monitoring on surface and/or groundwater during the period of this Permit. This monitoring will not be required until such time as the Division notifies the permittee. A monitoring plan shall be established within the time specified by the above referenced rules. All monitoring must be performed using standard sampling protocol, tested at a laboratory approved by the Division, and insults must be'submitted to -the Division. IV. GROUNDWATER REQUIREMENTS The Groundwater Compliance Boundary is established by 15A NCAC 2L .0102 and 15A NCAC 2T .0103, An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. 2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 14 V. INSPECTIONS The Permittee shall allow any authorized representative of the Department, upon the presentation of credentials and other documents as may be required by law and in accordance with reasonable and appropriate biosecurity measures, to: a. Enter the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit; C. Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Permit; and, d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance, any substances or parameters at any location. VI. - GENERAL CONDITIONS The issuance this Permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water, wetlands, groundwater and air quality standards or for damages to surface waters, wetlands or groundwaters resulting from the animal operation. 2. The maximum waste level in the digesters or lagoons shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to .contain the 25 year, 24-hour storm event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural freeboard. All containment basins, such as a lagoon or digester, used for waste management shall continue to be subject to the conditions and requirements of this Permit until properly closed. When the containment basin is properly closed in accordance with the NRCS NC Conservation Practice Standard No. 360 "Closure of Waste Impoundments," February 2008 or any subsequent amendment, the containment basin shall not be subject to the requirements of this Permit. The Permittee must submit a letter to the Division to request rescission of the Permit by providing documentation of closure of all containment basins. Closure shall also include a minimum of 24 hours pre -notification of the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the address identified on the form within fifteen (15) days of completion of closure. 4. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of its COC to operate under this Permit. Failure of the Permittee to maintain, in full force and effect, Iessee and landowner agreements, which are required in the CAWMP, shall constitute grounds for revocation of this Permit. 15 6. Upon classification of the'Facility by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a Certified Water Pollution Control System Operator (Operator) to operate the Facility. The designated Operator must hold a certificate of the same type(s) and grade(s) as the classification(s) assigned to the Facility by the WPCSOCC. The Permittee may also be required to designate a certified back-up Operator of the appropriate type and grade to comply with the conditions of 15A NCAC 8G. 0202. The Permittee shall submit to the WPCSOCC a completed designation form designating the appropriately certified Operator(s) thirty (30) days prior to the introduction of waste into the system or within thirty (30) days of classification, in the case of the Existing System. The designated Operator of the Facility must visit the Facility as often as necessary to insure proper operation of the system, but in no case less frequently than as specked in 15A NCAC 8G .0204(2), 15A NCAC 8F. 0203, or both. 7. After the Waste -to -Energy System has been in use for one (1) year, the Permittee or their designee shall submit a progress report to the Division. This report shall include any updates or changes to the Operation and Maintenance Plan and any recommendations for improvements if the system is to remain operational. 8. After the Waste -to -Energy System has been in use for one (1) year the Permittee or a designee must submit a comprehensive operator -training program to be approved by the Division. 9. The Division may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of any waste upon the ,Waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission (Commission) requirements. 10. 'Failure to abide by the conditions and limitations contained in this Permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A-6C and may include the requirement to obtain additional treatment or storage units and/or addition of land application sites, and/or the, modification of the Waste -to -Energy System. 11. The issuance of this Permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal). 12. This Permit shall become voided unless the Facility is constructed in Accordance with the conditions of this Permit, the approved plans and specifications, and other supporting data. 13. This Permit is effective only with respect to the nature and volume of wastes described in this Permit for the Magnolia III, DM Sites 1-4, Section 3 Sites 4-5. Any proposed modification to an animal waste management system shall require approval from the Division prior to construction. 14. This Permit is not automatically transferable. in the event there is a desire for the Facility to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 16 15. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the Facility described therein, and if warranted, will extend the Permit for such period of time and under such conditions and limitations as it may deem appropriate. 16. The issuance of this Permit does not prohibit the Division from reopening and modifying the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the appropriate laws, rules, and regulations. 17. 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. VII. PENALTIES Failure to abide by the conditions and limitations contained in this Permit; the facility's CAWMP; and/or applicable state law; may subject the Permittee to an enforcement action by the Division including but not limited to the modification of the animal waste management system, civil penalties, criminal -penalties and injunctive relief. The Permittee must comply with all conditions of this Permit. Any permit noncompliance constitutes a violation of state law and is grounds for enforcement action; for permit coverage termination, revocation and reissuance, or modification; or denial of a permit coverage renewal application. It shall not be a defense for a Permittee in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Permit. VM. DEFINITIONS 25-year, 24-hour rainfall or storm event means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years, as defined by the National Weather Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments, or equivalent regional or state rainfall probability information developed therefrom. Agronomic rates means the amount of animal waste and/or other nutrient sources to be applied to lands as outlined in NRCS NC Conservation Practice Standards No_ 590 "Nutrient Management" and No. 633 "Waste Utilization" or as recommended by the NCDA&CS and the North Carolina Cooperative Extension Service at the time of certification of -the Animal Waste Management Plan by the appropriate certified technical specialist. Amendment to the CAWMP means a change and/or addition to a part(s) of the plan, and requires that the change and/or addition adhere to current applicable standards. The following are examples of amendments to the CAWMP: 17 • In an existing CAWMP, a change in crops and/or cropping pattern that utilizes 25% or less of the N generated is considered a plan amendment. Additional acreage needed to facilitate the change in crops and/or cropping pattern is permissible and considered part of the amendment • The addition of winter crops and/or interseeded perennial crops are considered amendments to an existing CAWMP when the operation does not require additional acreage and/or crops for N utilization, and does not exceed the 25% criteria stated above.. • When a CAWMP cannot meet N utilization requirements due to land lost to irrigation inefficiency (useable versus total acres), then the CAWMP may be amended to increase available acreage and/or change the crop for N utilization. This is the only exception to the 25% N criteria for plan revision. • Inclusions of emergency action plans, and insect, odor and mortality checklists are considered CAWMP amendments. • Including additional acreage for land application beyond what is required in the existing CAWMP is considered a plan amendment. Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (i) animals (other than aquatic animals) have.been, are, or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twelve (12) month period, and (ii) crops, vegetation, forage growth, or post -harvest residues are not -sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal of wastes. Certification means technical specialist certification.of the CAWMP in accordance with the requirements of 15A NCAC 02T .1304. It is unrelated to terms "Annual Certification". as used in Condition III.16 of this Permit, and the "No Discharge Certification Option" allowed by the November 2008 EPA CAFO Rule. Ditch means any man made channel for the purpose of moving water off a site to the surface waters. Excessive Ponding means any area of the application field where visible liquid waste is ponded on the surface of the land application site more than four (4) hours following the application of waste. Excessive ponding also means any areas where the ponding of waste has resulted in crop failure. Groondwaters mean any subsurface waters, as defined in 15A NCAC 2L .0102. Land application means the application of wastewater and/or waste solids onto or incorporation into the soil. Major changes to the CAWMP means changes in the -number of animals; type of operation (feeder to finish to wean to feeder), retrofit of a lagoon, installation of a new irrigation system, and similar type changes. Recertification is only required for major changes to the CAWMP. Major changes to a facility must first be approved by DWQ. The new CAAW and the certification shall be submitted with a request that -the COC U amended to reflect the changes. The facility may not snake the changes until a new .or amended COC has been issued. 18 Revision to the CAWMP means a change to an entire CAWMP to meet current applicable standards. A CAWMP must be revised if the operation cannot utilize all N nitrogen generated by the animal production in accordance with the existing CAWMP, except for the specific conditions noted in the CAWMP amendment criteria as previously defined. For an existing CAWMP, a change in crops and/or cropping pattern that utilizes more than 25% of the N generated by the operation is considered a plan revision. Any change to an existing CAWMP, whether an amendment or revision, must be signed and dated by both the producer and a technical specialist for the new CAWMP to be valid. A revision of the CAWMP does not require recertification. State Waters means all surface waters, wetlands, groundwaters and waters of the United States located in the State. Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other surface body or surface accumulation of water, whether public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of the State of North Carolina, including any portion of the Atlantic Ocean over which the State has jurisdiction as well as any additional Waters of the United States which are located in the State. Waste means manure, animal waste, process wastewater and/or sludge generated at an animal feeding operation. Wetlands means areas that are inundated or saturated by an accumulation of surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined in 15A NCAC 2B .0202. Permit issued this the 21 st day of December, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. AVM10015 19 THIS PAGE IS INTENTIONALLY LEFT BLANK 20 Permit No. AVM 1001 S December 21, 2012 ENGINEER'S CERTIFICATION 1, _ , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project Location Project Name for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this Permit, the approved plans and specifications, and other supporting materials. Signature Registration No. Date 21 Beverly Eaves Perdue Governor NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, A.E. Director October 25, 2012 Ironside Investment Management, LLC Magnolia III, DM Sites 1-4, Section 3 Sites 4-5 PO Box 1139 Wallace, NC 28466 Subject: Dear Ironside Investment Management, LLC: Dee Freeman Secretary Approval to Construct Digester Magnolia III, DM Sites 1-4, Section 3 Sites 4-5 Duplin County The Animal Feeding Operations Unit of the Division of Water Quality (DWQ) has completed a review of the drawings you submitted for construction of anaerobic Bioreactor (Tank) digesters for your facility. You are hereby authorized to begin construction of the digesters as indicated on the submitted plans and geotechnical reports/recommendations. Please be advised that this authorization is for construction of the Bioreactor Tanks only, and in no way authorizes operation of the digesters or further construction at this time. Operation of the digesters or further construction will be allowed only after final approval of the application submitted September 17, 2012. Upon completion of construction and prior to operation of the renewable power production facility, as - built plans and specifications and the certification, signed and sealed by a Professional Engineer, must be submitted certifying that the permitted Facility has been installed in accordance with this Approval, and best engineering practices. The documents may be submitted at the completion of the entire project. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. If you have any questions regarding this letter, please feel free to contact me at (919) 715- 6697. cc: Wilmington Regional Office, Aquifer Protection Section Permit File AW1310015 1636 Mail Service Center, Raleigh, Nonh Carolina 27699.1636 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 807-64641 FAX:919-M07.6492 Internet: wwwsmaterouartv.ora An equal Opportunity %Afirmative Adon Employer Sincerely, Keith Larick Animal Feeding Operations Unit On e NCarolina NW ridy „mow a HCDEHR North Carolina Department of Environment and Natu Division of Water Quality Beverly waves perdue Coieen H. Sullins Governor Director December 6, 2011 Irinside Investment Management, LLC Magnolia III, DM Section 4 Sites 1-4, Section 3 Sites 4-5 PO Box 1139 Wallace, NC 28466 Subject: Dear hinside Investment Management, LLC: 0 V@M0TT DLC 14 2011 esources . rreernan Secretary Certificate of Coverage No. AWS310015 Magnolia III,, DM Section 4 Sites-l-4, Section 3 Sites 4-5 Swine Waste Collection, Treatment, Storage and Application System Duplin County In accordance with your Notification of Change of Ownership received November 28, 2011, we are hereby forwarding to you this Certificate of Coverage (COC) issued to lrinside investment Management, LLC, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Magnolia III, DM Section 4 Sites 14, Section 3 Sites 4-5, located in Duplin County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish: 48520 Boar/Stud: Wean to Feeder: 400 Farrow to Wean: 4400 Gilts: Farrow to Finish: Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there'may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void Certificate of Coverage Number AWS310015 dated October 1, 2009. 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. Please pav careful attention to the record keeping and monitoring conditions in this permit. Record keeping forms are unchanged with this General Permit. Please continue to use the same record keeping forms. 1636 hail Service Center, Relenh, ftm Carolina 27 :�59-1636 Location: 2728 Caoital Blvd., Raieioh, North Carolina 27n02' 011t Ghanc:919.733-322117AXi919-71a45881Norfl�ICas..Ohna interne',: www.n•waterqualiry.arg efi rn =cua! Opoort... q 1 A'rr,ative ?.^ior, =m Me; If your Waste Utilization Plan (WUP) has been developed based oii site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Per 15ANCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per MRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A 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, then an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition U.22 of the General Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Newport/Morehead City, NC National Weather Service office at (252) 223-5737, or by visiting their website at: www.erh.noaa.gov/er/nlhx/ This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 796-7215. 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 Enclosure (General Permit AWG100000) cc: (Certificate of Coverage only for all ccs) Wilmington Regional Office; Aquifer Protection Section Duplin County Health Department Duplin County Soil and Water Conservation District APS Central Files (Permit No. AWS310015) AFO Notebooks Murphy -Brown, LLC Facility -Number �j ; 1 Division of Water Quality 0 Division of_Soil and Water Conservation V 0 Other Agency - Type of Visit com Hance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit Routine 0 Complaint 0 Follow up 0 Referral 0 Emergency 0 Other ❑ Denied Access Date of Visit: Arrival Time: ��OC+ Departure Time: County: Z-..L Region: Farm Name: Owner Email: Owner Name: Phone: Mailing Address: Physical Address: Facility Contact: Onsite Representative: TI Oix, al &T S Certified Operator: Back-up Operator: Location of Farm: Title: Phone No: integrator: Operator Certification Number: Back-up Certification Number: Latitude: = o = i = Ii Longitude: = o = 6 = « Design Current Design Current Design Swine Capacity Population Wet Poultry Capacity Population Cattle Ca aci P. tyl. ❑ Wean to Finish Wean to Feeder I UQQ Feeder to Finish 241 Farrow to Wean qqou ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Other ❑ Other ❑ Layer �' ❑ Dairy Cow ❑ Non -Layer El Dairy Calf ❑ Dairy Heifer Dry -Poultry ❑ Layers ❑ Non -Layers ❑ Pullets ❑ Turkeys ❑ Turkey Poults ❑ Other Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field ❑ Other a. Was the conveyance man-made? Non - Beef Feeder ❑ Beef Brood Cowl �77777 Number?of Structures oL b. Did the discharge reach waters of the State? (If yes, notify DWQ) c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (If yes, notify DWQ) 2. is there evidence of a past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes l[J No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ NA ❑ NE ❑ Yes ❑ No ❑ Yes W o ❑ NA ❑ NE ❑ Yes No ❑ NA ❑ NE Page I of 3 12128104 Continued Facility Number: — I S Date of Inspection WasteCollection & Treatment �8. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? a. If yes, is waste level into the structural freeboard? ❑ Yes /No❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE Structure 1 Structure 2 St cture 3 Structure 4 Structure 5 Structure 6 Identifier: rA&r I7 ci _. i 4 3 3- Y 3 -- S Spillway?: Designed Freeboard (in): Observed Freeboard (in): 2� 3$ 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes dNo ❑ NA ❑ NE (ie/ large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not property addressed and/or managed ❑ Yes VNo ❑ NA ❑ NE through a waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ 7. Do any of the structures need maintenance or improvement? ❑ Yes No ❑ NA [INE S. Do any of the stuctures lack adequate markers as required by the permit? El Yes E(No El NA El NE (Not applicable to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require El Yes f �No ❑ NA El NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ZNc ❑ NA ❑ NE maintenance/improvement? 11. Is there evidence of incorrect application? If yes, check the appropriate box below. ❑ Yes No ❑ NA ❑ NE ❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area 12. Crop type(s) 13. Soil type(s) 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes UNo ❑ NA ❑ NE 15. Does the receiving crop and/or land application site need improvement? ❑ Yes 1; O ❑ NA ❑ NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes �No ❑ NA ❑ NE 17. Does the facility lack adequate acreage for land application? ❑ Yes P, Y ❑ NA ElNE 18. Is there a lack of properly operating waste application equipment? ElYes Rio ❑ NA ❑ NE Comments (refer to queshori'#): Explain any YES anshers:and/or any.recommendattons or any other comments „x> .Use drawings of facility to better explain situations (use additional pages as necessary)-, Reviewer/inspector Name o £j{ ". r Phone lb g — 73 Reviewer/Inspector Signature: Date: Page 2 of 3 1 12129104' Continued Facility Number: 3 — Date of Inspection 11 Re uifed Records & Documents 19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ NA ElNE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes No ❑ NA ❑ NE the appropriate box. ❑ WUP ❑ Checklists ❑ Design El Maps El Other 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes No ❑ NA ❑ NE ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections [:]Monthly and 1" Rain InspectionVNo Weather Code 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ NA ❑ NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes [<No ❑ NA ❑ NE 24. Did the facility fail to calibrate waste application equipment as required by the permit? El Yes o El NA ❑ NE 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ Yes �fNo ❑ NA ❑ NE 26. Did the facility fail to have an actively certified operator in charge? ❑ Yes N ❑ NA ElNE 27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification? ❑ Yes 5 No ❑ NA ❑ NE Other Issues 28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes No ❑ NA ❑ NE 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ Yes ONo ❑ NA ❑ NE and report the mortality rates that were higher than normal? 30. At the time of the inspection did the facility pose an odor or air quality concern? Cl Yes .,/ ldNo ❑ NA ❑ NE If yes, contact a regional Air Quality representative immediately ` 31. Did the facility fail to notify the regional office of emergency situations as required by El owo ❑ NA ❑ NE General Permit? (ie/ discharge, freeboard problems, over application) 32. Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative? ❑ Yes No [I NA ❑ NE 33. Does facility require a follow-up visit by same agency? Yes ElL_ O, NNoo ❑ NA ❑ NE Addiflonal Comments and/or Drawings: Page 3 of 3 12128104 4 Fait �Lty-Number ) Divisi©h of WaterQ.uah � ,,, . ty Division of Soil and V1'ater Conservatton:'N Type of Visit VQ compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit Routine 0 Complaint 0 Follow up 0 Referral 0 Emergency 0 Other ❑ Denied Access Date of Visit: 4Arrival Time: Departure Time: County: Ol Region: Farm Name: Owner Email: Owner Name: Mailing Address: Physical Address: Facility Contact: I�Title: Onsite Representative: _�O(% (� A �►w Certified Operator: Back-up Operator: Location of Farm: Swine Phone: Phone No: Integrator: Operator Certification Number: Back-up Certification Number: Latitude: o = ; = Longitude: = o ❑ 4 = N Design Current Design Current Capacity Population Wet Poultry Capacity Population ❑ Layer ❑ Non -Layer ❑ Wean to Finish Wean to Feeder Feeder to Finish W ® Farrow to Wean qqo6 ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Other ❑ Other Dry Poultry ❑ Layers ❑ Non -Layers ❑ Pullets ❑ Turkeys ❑ Turkey Poults ❑ Other Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field ❑ Other a. Was the conveyance man-made? Design Current Cattle Capacity Population ❑ Dairy Cow ❑ Dairy Calf ❑ Dairy Heifer ❑ Dry Cow ❑ Non -Dairy ❑ Beef Stocker ❑ Beef Feeder ❑ Beef Brood Co Number of Structures: b. Did the discharge reach waters of the State? (If yes, notify DWQ) c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (If yes, notify DWQ) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Page I of 3 ❑ Yes 4No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ NA El NE ❑ Yes El Yes FNo El El NE El Yes ❑ NA ❑ NE 12128104 Continued Facility Number: — �S� Date of Inspection Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? a. If yes, is waste level into the structural freeboard? Structure 1 Structure 2 Structure 3 Structure 4 Identifier: ` f = 1 L{ - Ti _ q -J 9 - ❑ Yes dNo ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE Structure 5 Structure 6 5- 9 � -S MA63 Spillway?: Designed Freeboard (in): Observed Freeboard (in): _ 70 -. 3'3 41V Cf 1 qV Z f 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes dNo ❑ NA ❑ NE (ie/ large trees, severe erosion, seepage, etc.) , _/ 6. Are there structures on -site which are not properly addressed and/or managed ❑ Yes l( No ❑ NA ❑ NE through a waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental tFlreat, notify DWQ 7. Do any of the structures need maintenance or improvement? ❑ Yes No ❑ NA ❑ NE S. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes ["No ❑ NA ❑ NE (Not applicable to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ Yes U/No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes LJ No ❑ NA ❑ NE maintenance/improvement? 11. Is there evidence of incorrect application? If yes, check the appropriate box below. ❑ Yes ld No ❑ NA ❑ NE ❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs []Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil [:]Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area 12. Crop type(s) 13. Soil type(s) 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes E3 No ❑ NA ❑ NE 15. Does the receiving crop and/or land application site need improvement? 6Yes ❑ No ❑ NA ❑ NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes 1�— No ❑ NA El NE 17. Does the facility lack adequate acreage for land application? El Yes E],No ❑ NA ❑ NE IS. Is there a lack of properly operating waste application equipment? ❑ Yes CYNo ❑ NA ❑ NE Comments,(refer�to quesh�on;#} Egplain $ny YES answers�andJor any recommendations or any other comments. tA .� �� - Use d1 awmgskoffaciiity4to;better egplam situations�(usead�honai�pages Ma' CUSS" ..��:,"`emu Faft-- iC'�r l✓EF fc5 cvF F6f- Reviewer/Inspector Name .. f e �d.�,''''•" q Phone: 1 q1 �- rg Reviewer/Inspector Signature: 4..a4 Date: 1 12128104 Continued A Facility Number: — Date of Inspection Rewired Records & Documents 19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes No ❑ NA ❑ NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes & ❑ NA ❑ NE the appropriate box. ❑ W-Up ❑ Checklists ❑ Design ❑Maps El Other 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes �No ❑ NA ❑ NE ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rain Inspections ❑ Weather Code 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes [6No ❑ NA ❑ NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes allo ❑ NA ❑ NE 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes dNo ❑ NA ❑ NE 25. Did the facility fail to conduct a sludge survey as required by the permit? ICJ Yes ❑ No ❑ NA ❑ NE 26. Did the facility fail to have an actively certified operator in charge? ❑ Yes UrNo ❑ NA ❑ NE 27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification? ❑ Yes VNo ❑ NA ❑ NE Other Issues 28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes dilfo ❑ NA ❑ NE 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ Yes O No ❑ NA ❑ NE and report the mortality rates that were higher than normal? � 30. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes E No ❑ NA ❑ NE If yes, contact a regional Air Quality representative immediately 31. Did the facility fail to notify the regional office of emergency situations as required by ❑ Yes [PTo ❑ NA ❑ NE General Permit? (ie/ discharge, freeboard problems, over application) ��// 32. Did Reviewer/Inspector fail to discuss review/inspection with an on -site representative? El Yes [, No ❑ NA ❑ NE 33. Does facility require a follow-up visit by same agency? ❑ Yes [;YNo ❑ NA ❑ NE 12128104 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: NCA231016 County: Duplin Facility Name: Mag III, DM Section 4 Sites 1-4, Section 3 Sites 4-5 Certified Operator Name: Doug Atkins Operator Number: 985738 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID: Spiliway(Y or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Mag III no 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres a_ _receiving crop�b�;D information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. FEB j 7 2010 Operation will be partially or fully depopulated. BY: *Attach a complete schedule with corresponding animal units and dates fro depopulation *if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 02/19/2010 I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. L V1 �0 Phone: 510 `d 5 ' Facility Owner/Manager (print) Cd Date: o -15" Facili wner/Manager (signature) 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Mag III 2. Structure ID: n. lines 1 + 2 = line m = 3036.1 lb PAN line m = lb PAN 3036.1 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (Iblacre) t TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window' AW 63-76 Small Grain 62 50.00 3100.0 Se - Apr AW 77-83 Small Grain 57 50.00 2850.0 Sep - Apr State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 5950.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 3036.1 lb. PAN x. Crop's remaining PAN balance (line v from section 111) = 5950.0 lb. PAN y. Overall PAN balance (w - x) = -2914 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21100 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (lD): R—ag III 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 20.0 inches c. line b - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 242820 ftz e_ line c112 x line d x 7.48 gallons/ft3 302716 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 423994 ft3 h. current herd # 4400 certified herd # 4400 actual waste produced = current herd # x line g = certified herd # i, volume of wash water according to structural design j_ excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 1Ill 9/2009 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 423994 ft3 ® ft3 144976 ft3 709316 gallons 3.00 Ibs/1000 gal. 3036.1 lbs. PAN PoA (30 Day) 2/21/00 Valid q-; g 'oB Expired t 4 �J T TIL Facility Number: 31-15' Facility COC Number: AWS310015 Facility Name: Mag 111, DM Section 4 Site 1-4, Section 3 Sites 4-5 Landowner's Name: DM Farms of Rose Hill LLC - Landowner's Mailing Address: PO Box 1139 Wallace. NC 28466 Facility's physical address: 1114 Beasleys Mill Road Warsaw, NC 28398 Type of Operation: Farrow - Finish Number of Animals: 53,320 (4,400 Farrow -Wean, 48,520 Feeder -Finish, 400 Wean -Feeder I 0 2 2CU3 RECEIVED ! DENR Y DV1 EA11 I.E I;Ei 'o �>Z OFEr . Aquifer Protection 5e�ctiyolti - _ MAR 312009 The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where 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. 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. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should MAY be applied to a growing crop or applied to bare ground not more than 30 days prior. 3 2009 planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. NUP Page 1 Amount of Waste Produced Per Year (gallons, ft, tons, etc.) 4,400 6.1 48,520 animals X 1.9 (tons) waste/animal/year = 400 0,42 Amount of Plant Available Nitrogen (PAN) Produced Per Year 75,205 *Ibs. PAN/year. / 53,320 animals / 26,840.0 92,188.0 (amt.) waste/year. 168.0 119,196 TONS 1.4 lbs. PAN/animal/year * The above PAN was calculated using on farm records. The records are available for review. 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 and surface application: Table 9: ACRES OWNED BY PRODUCER See NUP Page 2a *This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic yield expectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. . NUP Page 2 ................. . .. ......... Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of 4 NO. I ype ter Acre U1EIIIZe0 Application MAG 111 1 Blanton Bermuda 160 3.0 480 Mar -Sep MAG 111 1 Blanton Small Grain 50 3.0 150 Oct -Mar :WAG 111!:Bermuda ......... ....... ..... .. ... ..... ... "ay:.17: ...... ..... .. . ::: �::: :�: 81 Grain.- ... ........ ... so:: ....... .. .. ..... 1'2 ........ ............. ......... ...... . MAG 111 2-4 Blanton Bermuda 160 10.1 1,616 Mar -Sep MAG 111 24 Blanton Small Grain so 10.1 505 Oct -Mar ::1AAG:Ill :: ... :::::Aerway:24:i i: ........ ........ ..... j Lm. BIAhton jz:j: j :,'.ozo: Bermuda:::::::: mm z ­m: .... .. .. .. zj ..... ......... ..... erway: ........ ........ .......... ........... mmmm:so­r:3.9::7 ......... .. .. ... .. .. .. ...... . ...... ...... MAG 111 5 thru 7 Norfolk Bermuda 222 13.0 2,886 Mar -Sep MAG 111 5 thru 7 Norfolk Small Grain 50 13.0 650 Oct -Mar MAG 111 8 thru 12 Blanton Bermuda 160 20.8 3,328 Mar -Sep MAG 111 8 thru 12 Blanton Small Grain 50 20.8 1,040 Oct -Mar MAG :IU: ::.:::7:Aerway.5-127:::: ... .. ..... ::NorfoDdBIanton:::' :Bermuda: 160.:,.: ::MAG:ll N 0,rfol JUBWiti5ii:: ...... .. SiiW Giaih i­ . . ...... �;;­ 501A 072:�::::;::� , . : ­7M MAG 111 13-20 Blanton Bermuda 160 41,9 6,704 Mar -Sep MAG III 13-20 Blanton Small Grain 50 41.9 2,095 Oct -Mar M)kG III: :.,; --- �ral .: .... :: ::::Aerway.13-20: ::,: :::Blanton': :Bermuda:.....:.: .160� . A6:I� 20.. ' : . i' BlEht6i :. SnaIIGra6... :::MAG111: ::.'.j::...S..o .. .... 152.. ..... ...........- .:.:7.. 60: OaLWr::... Sect4 21-23 Blanton Bermuda 160 12.7 2,032 Mar -Sep Sect4 21-23 Blanton Small Grain 50 12.7 635 Oct -Mar .::Sect4.: : ;:..:..:Aerway:21-23::! . ..... ....... ............. ::: �� ......... ........................... : :::: , 131iiiii6ii.: ............................. r SffiMl .... . .. .... . .... ...... .. .. ..... Ma VMmm:_ ...... Sect4 24-29b Blanton Bermuda 160 51-7 8,272 Mar -Sep Sect4 24-29b Blanton Small Grain 50 51.7 2,585 Oct -Mar Se041!; .. .. .......... :�:Aerway:24-2916 Blanton ffn Beuda :::Ir 50.::::� ::::2:3::::: 6B::::::::Mar;.,5ep,:... .......... ... ................. L ......... ..... Sect4 30a-36 Autryville Bermuda 202 32.7 6,6G5 Mar -Se Sect4 30a-36 AuUWille Small Grain 50 32,7 1,635 Oct -Mar ::Sect 4::: EA E !:AerwaY:30a-36::::.: :::::ALAryv.iIW::`:::: ::::Bermud a :::202:::­:::A3-8 . ..... 2jH ;:Mar -Sep::::::::: so Sect4 37-38 Autryville Bermuda 2G2 7.2 1,454 Mar -Sep Sect5 37-38 AubWille Small Grain 50 7.2 360 Oct -Mar Sect.' C: : -::.;­.; ��:::!Aerway:37-38::��:: ­E:::�':­ALEEL Bermuda:::::: ::�::2132i;::: ... .. .. ........... .............. ...... ... .. .. .. .. ............. 7 . mall Giaifi�:::]: ....... L ...... .. ::::7: ... ... . .... M Sect4 39-47 Torhunta Fescue 150 34.3 5,145 Aug - Jul ................... ­­ ........ . 'Torhur"' ..... ......... ­... .. .... ;"Fescue ' ..... ... ..... ...... ... . ................... Sect4 48-62 Torhunta— Fescue 150 '70.9 10,635 Aug - Jul ......... ... Sect4 63-76 Autryville_ Bermuda 202 61.4 12,403 Mar -Sep Sect 4 63-76 Autryville Small Grain 50 61,4 3,070 Oct -Mar :Sect 4.::�:'Aerway:63-76::-::: ... ........ ::::::::::ALM .... .. . ...... ........ ........ .... ... Bermuda: ­:: ......... ....... . ..... . ..... ..0: 6 .. ....... A 2.1 ... :'Mar, TSep:::: 7: .. ... .. ..... Gra: in :::i:: rmsm: F... 6:6:­' :J���]] ....... ... TOTAL 359.7 74,286 Reels 83.6 16,796 Aerway NUP Page 2a Rotation 1 C k__ . . ................ .. . . ... ... ... ..................... ... ...... . . . . . . . . . . . . .... ....... "M"ON' .......... Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of No. i ype ver Acre umizea Application Sect 4 77-80b Autryville Bermuda 202 26.2 5,292 Mar -Sep Sect 4 77-80b Autryville Small Grain 50 26.2 1,310 Oct -Mar Sect 4 81 thru B3 Goldsboro Bermuda 222 15.1 3,352 Mar -Sep Sect 4 81 thru 83 Goldsboro Small Grain 50 15.1 755 Get -Mar Sect.Aerway ... . ..... Bermuda.. ...... ................ ... 1 .... :.-:...:..;m..........:M. I ..a....r....S....e...p Sect C:: .. :::Aerway7743::: ",,:Autr.y.vilWGcildsboro::: .......... :_ ............ Grain:::!:! :::Small; ........... ...... .. ...... ....... �:: :::::;15!4 ..... - ..... :::770 ':Oct -Mar::::: Sect 4 84-93 Autryville Bermuda 202 39.9 8,060 Mar -Sep Sect 4 84-93 Autryville Small Grain 50 39.9 1,995 Oct -Mar :,:,Sect .............. ... War .......... ... Sect :::;:H::AeiWay 8443::::::: .. ..... 'A ...... ... 605,� ..... ..... ... _M�it:� ... ......... Sect 4 94 Blanton Bermuda 160 4.0 640 Mar -Sep Sect 4 94 Blanton Small Grain 50 4-0 200 Oct -Mar ..:Sect4m:: Aerway, 9C:r.q.­...T ................... ............... ...... .. ..... ....... ...... .... .... ........ .... .... .... ...................... . ........ v ir 4 944 MarSep 4 Sect ::A­::::::]APr:w4y ....... .... 4­�:::::: .9 ...... Grain_ ]:: � Q: . ..::!6.. .. �:: � I. 0: 3" L � .9 . ..... . ..... .. ...... Sect 4 95a-97b Autryville Bermuda 202 21,0 4,242 May -Sep Sect 4 95a-97b Au"ille Small Grain 50 21.0 1,050 Oct -Mar Sect 4::::: 9&074: 1: AU"9H*:: BerrhijdAi:.::: ;'202­i: ...... ......... Sect 4 ............................... ..... .. .. .... 50 1: C�]::::: ..... 7:::::::7 0j ...... Oct MaV:::mmom Sect 4 98-99b Autryville Bermuda 202 11.4 2,303 Mar -Sep Sect 4 98-99b Autryville Small Grain 50 11.4 570 Oct -Mar SP44­"'A rw YSMW�w =7 ........ ... ...... .... ...... ... ... Bem..u.da.... ; irww�202 wm;:!: 74: 35 ;Mare ps_ .:.,Sect 4� ::Ae a:­ rw .y 98419b� 'Autryville: .. . ... .. .. .. ... SalUGrain ni .. ..... ......... So ............ ....... .7 A . Sect 4 1 00a-I 00b Torhunta Bermuda 222 8_2 1,820 Mar -Sep Sect 4 100a-100b Torhunta Small Grain 50 8.2 410 Oct -Mar ::Sdedt 4,,"1 A&rwayj00a:n100b­ T&fhUht-w:n: .... . ..... go TOTAL 125.8 69.2 32,000 Reels 16,177 Aerway NUP Page 2a Rotation 1 (2) Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land [see Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre Utilized Application Johnson 1 AuB Corn 104 22.00 2288 Feb 15- Jun Johnson 2 GoA Corn 148 25.00 3700 Feb 15- Jun Johnson 3 AuB Corn 104 4.00 416 Feb 15- Jun Johnson 1 AuB Wheat 104 22.00 2288 Sep - Apr Johnson 2 GoA Wheat 136 25.00 3400 Sep - Apr Johnson 3 AuB Wheat 104 4.00 416 Sep - Apr * See footnote for Table 1. Table 1 Table 2 Total Amount o Surplus o Total 1 51.00 1 12,508.00 J Totals from above Tables Reels Acres Lbs. N Utilized 485.5 106,285.20 485.5 106,285.20 f. N Produced r Deficit 75,205.00 (31,080.20) AerwaV Acres Lbs. N Utilized Table 1 152.8 32,973.00 Table 2 51.00 12,508.00 Table 1 Reels 485.5 106,285.20 Total 689.3 151,766.20 76,205.00 (76.561.20) NOTE: 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 nutrient or other elements. NUP Page 3 Rotation 1 MEN Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator. does not own adequate land [see Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. TVoe Per Acre Utilized Application Johnson 1 AuB Soybean 100 22.00 2200 Apr -Sep 15 Johnson 2 GoA Soybean 149 25.00 3725 Apr - Sep 15 . Johnson 3 AuB Soybean 100 4.00 400 Apr - Sep 15 Johnson 1 AuB Cover 30 22.00 660 Sep- Mar Johnson 2 GoA Cover 30 25.00 750 Sep - Mar Johnson 3 AuB Cover 30 4.00 120 Sep - Mar — See footnote for Table 1. Table 1 Table 2 Total Amount o Surplus or Total Totals from above Tables Reels Acres Lbs. N Utilized 485.5 106,285.20 485.5 106,285.20 N Produced Deficit 75,205.00 (31,080.20) 51.UU I 7,555.UU Aerway Acres Lbs. N Utilized Table 1 152.8 32,973.00 Table 2 51.00 7,855.00 Table 1 Reels 485.5 106,285.20 Total 689.3 147,113.20 75,205.00 (71, 908.20 ) !VOTE: 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 nutrient or other elements. NUP Page 3 flotation 2 €AST Val .I ......... See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate INHr Amount In.) 1 thru 4 Blanton Bermuda/Small Grain 0.75 i 5 thru 7 Norfolk Bermuda/Small Grain 0.5 1 8 thru 12 Blanton Bermuda/Small Grain 0.75 1 13 thru 20 Blanton Bermuda/Small Grain 0.75 1 21 thru 23 Blanton Bermuda/Small Grain 0.75 1 24 thru 29b Blanton Bermuda/Small Grain 0.75 1 30a thru 38 Autryville Bermuda/Small Grain 0.6 1 39 thru 62 Torhunta Fescue 0.45 1 63 thru 80b Autryville Bermuda/Small Grain 0.6 1 81 thru 83 Goldsboro Bermuda/Small Grain 0.5 1 84 thru 99b Autryville Bermuda/Small Grain 0.6 1 100a thru 100b Torhunta Bermuda/Small Grain 0.45 1 Johnson 1 &3 Autryville Corn/Wheat/Soybeans/Cover 0.5 1 Johnson 2 Goldsboro Corn/Wheat/Soybeans/Cover . 0.5 1 THIS TABLE IS NOT NEEDED IF WASTE 13 NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. ** 7 Lagoons Your facility is designed for _180_days of temporary storage and the temporary storage must be removed on the average of once every_6_Months. In no instance should the volume of waste being stored in your structure exceed Elevation *see lagoon staff gauges. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: This NUP reflects wettable acres and is written for travelers and aerwa s. This NUP reflects the use of on farm records for the years of 1999-2001. The accompanying sheets provide the data for the use of these records. The total PAN produced was increased 10% to give the grower some room to work in case of a bad vear. These farms use a hard hose traveler and dry hydrant system. and aerway system for irrigation. The method of nutrient removal is through grazing, haying, and row crops. A 25% N reduction was taken on all land that is grazed. NUP Page4 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 and agreement for use of adequate land on which to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing himther the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 - Filter Strip). 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a.season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies- 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. NUP Page5 REQUIRED SPECIFICATIONS (continued) 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. 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'oomponent 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 no 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 wetlands provided they have been approved as a land application site by prior converted wetlands provided they have been approved as a land application site by a "technical specialist'. Animal waste shall not be applied on grassed waterways that discharge 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 industrialwaste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17 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. NUP Page 6 18 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. 19 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 is should only be applied preplant with no further applications of animal waste during the crop season. 20 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 markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 21 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. 22 Dead animals will be disposed of in a manner that meets North Carolina regulations. NUP Page 7 WASTE UTILIZATION PLAN AGREEMENT Name of Farm: Mag III, DM Section 4 Site 1-4, Section 3 Site4-5 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 Division of Environment Management (DEM) 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 DEM upon request. Name of Facility Owner: DM Farms of Rose Hill LLC. (please print) F [ Signature: Date: Name of Man (If different from owner): Uavid Hulbert Signature: Date: q Name of Technical Specialist: (please print) : AJ Linton Affiliation: Murphy Family Ventures, LLC Address (Agency): P.O. Box 1139 Wallace, NC 28466 Signature: ��, Date: NUP Page 8 ANIMAL WASTE UTILIZATION AGREEMENT. (Needed Wdy if add &KW rand has to be leased, etc.) 1, T. Beroth -, hereby give QM Farms of Rose Hill LI.C. permission to apply animal waste from his Waste UML,-ation System on approx, 40 acres of my land for the duration of time shown below. I understand that this waste contains nitrogen, phosphorous, potassium, and other tram elements and when pnv'efiy applied should not harm my land or crops- I also understand that the use of waste will reduce my needed for commercial fertilizer. Adjacent Landowner. Date: r10 g Waste Producer. Date: ZA- Technical Representative, Date: SWCO Representative: Date: Term al'Agreement MH126.ZOOS to_ ApdIZO-2009. (Wirmin of Ten Years an Cos! Shared Items) rdw R"ukW Speoft4br; Na. ?J -M T T C' 11'1Tn T C' TT7n f-09 noo vvi 7e-an onn-?a7/fn ANIMAL FACILITY ANNUAL CERTIFICATION FORM Certificate of Coverage or Permit Number: NCA231015 County Duman Year 2006 Facility Name (as shown on Certificate of Coverage or Permit) Ma III, DM Section 4 Sites 1-4, Section 3,5ites 4-5 Operator in Charge for this Facility Doug Atkins Certification # 985738 Land application of animal waste as allowed by the above permit occurred during the past calendar year. Yes X No If NO, skip Part I and Part 11 and proceed to the certification. Also, if animal waste was generated but not land applied, please attach an explanation on how the animal waste was handled. DECEIVED Part I: Facility Information t tb 2 7 2007 1. Total number of application Fields or Pulls in the Certified Animal Waste Management P an (CAWMP): 19 fields Total Useable Acres approved in the CAWMP � �:, : 67 - 2. Total number of Fields or Pulls on which land application occurred during the year: 19 fields Total Acres on which waste was applied 678.2 3. Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites: 109,695 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: 140,403 5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken off site during the year. 0 of either tons or gallons (specify) 6. Annual average number of animals by type at this facility during the previous year: 4223 sows, 316 nursery, and 36132.5 finishers 7. largest and smallest number of animals by type at this facility at any one time during the previous year. Largest Smallest (These numbers are for informational purposes only since the only permit limit on the number of animals at the facility is the annual average numbers) 8. Facility's Integrator if applicable: Murphy -Brown, LLC Part II: Facility Status IF THE ANSWER TO ANY STATEMENT BELOW 1N "NO", PLEASE PROVIDE A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NONCOMPLIANCE, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE. 1. Only animal waste generated at this facility was applied to the permitted sites X Yes during the past calendar year. No 2. The facility was operated in such away that there was no direct runoff of waste from the X Yes facility (including the houses, lagoonststorage ponds and the application sites) during the , No past calendar year. 3. There was no discharge of waste to surface water from this facility during the past X Yes calendar year. —No AFACF 3-14-03 4. There was no freeboard violation in any lagoons or storage ponds at this facility during X Yes the past calendar year. —No 5. There was no PAN application to any fields or crops at this facility greater than the levels X Yes specified in this facility's CAWMP during the past calendar year. No 6. All land application equipment was calibrated at least once during the past calendar year. X Yes No 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon was _Yes designed or reduce the lagoon's minimum treatment volume to less than the volume for X No which the lagoon was designed. 8. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. X Yes No 9. Annual soils analysis were performed on each field receiving animal waste during the past X Yes calendar year. — No 10. Soil pH was maintained as specified in the permit during the past calendar Year. X Yes No 11. All required monitoring and reporting was performed in accordance with the facility s permit X Yes during the past calendar year. —No 12. All operations and maintenance requirements in the permit were complied with during the X Yes past calendar year or, in the case of a deviation, prior authorization was received from the No Division of Water Quality. 13. Crops as specified in the CAWMP were maintained during the past calendar year on all X Yes sites receiving animal waste and the crops grown were removed in accordance with the — No facility's permit. 14. All buffer requirements as specified on the permit and the CAWMP for this facility were X Yes maintained during each application of animal waste during the past calendar year. —No "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." DM Farms of Rose Hill, LLC , Owner Permittee Name and Title (type or print) SignatIre of Operator in Charge (if different from Permitte) za A to g-lc "o7 Date AFACF 3-14-03 4 IMIFAMILY VENTURES LLC Explanation of Non - Compliance Issues NPDES Permit #NCA231015 2006 1 /29/07 To Whom It May Concern: *Part 2 number 7: This facility had one lagoon that did not have enough treatment volume based on the 2006 Sludge Survey. A Sludge Plan of Action was submitted to DWQ. If any additional information is needed, please call 910-289-7298 ext. 203. Sincerely, Kevin Pope Technical Specialist and Farming Manager Murphy Family Ventures, LLC. P 0 Box 1139 Wallace NC 28466 0 -1C August 4, 2006 Kevin Pope Murphy Family Ventures, LLC P. O. Box 1139 Wallace, NC 28466 Miclnd F. Easley, Governor Williun G. Ross Jr., secretary North Carolina Department of Environmen and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Sludge Survey Testing Dates Certificate of Coverage No. NCA231015 Lagoon: DM 4-3 Duplin County Dear Mr. Pope: The Division of Water Quality (Division) received your sludge survey information on May 24, 2006. With your results, you requested that a sludge survey for lagoon DM 4-3 not be required until 2007. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until 2007. The results of the 2007 sludge survey are to be submitted with the Annual Certification Form that will be due on March 1, 2008. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6185. Sincerely, Dennis G. Lund Environmental Engineer cc:' Wilmington Regional Office, Aquifer Protection Section Central Files k o°° Carolina ,/Vll IVrally Aquifer Protection section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: www.ncwatgquality.ora Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal Qpportunitl M frmative Adorn Employer— 50% Recydedl10% Pest Consumer Paper Customer Service: (877) 623-6748 Michael F. Easky, Governor William G. Rosa Jr., secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 4, 2006 Kevin Pope Murphy Family Ventures, LLC P. O. Box 1139 Wallace, NC 28466 Subject: Sludge Survey Testing Dates Certificate of Coverage No. NCA231015 Lagoon: DM 4-4 Duplin County Dear Mr. Pope: The Division of Water Quality (Division) received your sludge survey information on May 24, 2006. With your results, you requested that a sludge survey for lagoon DM 44 not be rewired until 2007. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until 2007. The results of the 2007 sludge survey are to be submitted with the Annual Certification Form that will be due on March 1, 2008. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6185. Sincerely, If-4i -- -1 � Dennis G. Lund Environmental Engineer cc: Wilmington Regional Office, Aquifer Protection Section Central Files 10marofina rra!!y Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: www.ncwatMuality.o_rg Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal 0ppoRung1AlTrtmaM Action Employer— 50% Recydedl10% Post Consumer Paper Customer Service: (877) 623-6748 Michael F. Easky, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. PE Director Division of water Quality August 4, 2006 Kevin Pope Murphy Family Ventures, LLC P. O. Box 1139 Wallace, NC 28466 Subject: Sludge Survey Testing Dates Certificate of Coverage No. NCA231015 Lagoon: Mag 3 Duplin County Dear Mr. Pope: The Division of Water Quality (Division) received your sludge survey information on May 24, 2006. With your results, you requested that a sludge survey for lagoon Mag 3 not be required until 2007. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until 2007. The results of the 2007 sludge survey are to be submitted with the Annual Certification Form that will be due on March 1, 2008. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6185. Sincerely, Dennis . Lund Environmental Engineer cc: Wilmington Regional Office, Aquifer Protection Section Central Files 14W Carolina Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: www.ncwatcrqualitv.orZ Location: 2728 Capital Boulevard Raleigh, NC 276N Fax I: (919) 71 "588 Fax 2: (919)715-6048 An Equal OpparWnitylAffmnative Action Employer— 5D%RecydecU10% Post Consumer Paper Customer Service: (877) 623-6748 Wumhy FamHy Ventures Appendix 1. Lagoon Sludge Survey Form A_ Farm Permit or DWQ Identification Number. B. Lagoon Identification: C. Person taking Measurements: D. Date of Measurement E. Methods/Devioes Used for Measurement of: NCA231015 DM 3-4 Corey and Bobby 11/1/2006 a. Distance from the lagoon liquid surface to the top of the sludge layer: b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon: c. Thickness of the sludge layer if making a direct measurement with "core sampler": F. Lagoon Surface Area (using dimensions at inside top of bank): 5 _ acres b-c PVC Pole Disk (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area.) G. Estimate number of sampling points: a. Less than 1.33 acres: Use 8 points b. If more than 1.33 acres, 5 acres x 6 = 24 with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data recorded at each can be easily matched.) H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). I. At the time of the sludge survey, also measure the distance from the Maximum Liquid Level to the Present Liquid Level (measure at the lagoon gauge pole): 2.1 J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level (use lagoon management plan or other lagoon records): 2.4 K. Calculate the distance,from the present liquid surface level to the Minimum Liquid Level (Item J minus Item I, assuming the present liquid level is below the Maximum Liquid Level): 0.3 L. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the lagoon bottom (average for all the measurement points): 6.5 M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): 3.9 N. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer. 2.6 O. Calculate the thickness of the existing Liquid Treatment Zone (item M minus Item K): 3.6 (Note: If Item O is less than 4 feet, a sludge remaval and utilization plan may be required by N.C. DWQ. See your specific permit or contact DWQ for more information.) P. Proceed to the Sludge Volume Worksheet if you desire to calculate sludge volume for a rectangular - shaped lagoon with uniform side slopes. Completed by: Kevin Pope Gr- 1111/2006 PrIM Name Signature Date Murphy Family Ventures Appendix 2. Sludge Survey Data Sheet' Sludge Survey Data Sheet Lagoon Identification: Completed by: DM 3-4 Kevin Pope Print Name Date: 1111 /2006 Signature (A) Grid Point No. (B) Distance from Liquid Surface to top of sludge (C) Distance from Liquid Surface to lagoon bottom soil (C)minus (B) Thickness of Sludge La er Ft & in. Ft. tenths Ft. & in. Ft. tenths Ft. & in. Ft. tenths 1 5.6 6.3 0.7 2 5.0 6.2 1.2 3 4.8 6.2 1.4 4 3.8 5.9 2.1 5 4.9 6.2 1.3 6 5.1 6.9 1.8 7 4.7 6.7 2.0 8 4.2 6.7 2.5 9 3.1 6.6 3.5 10 2.9 6.7 3.8 11 2.7 6.2 3.5 12 2.8 1 6.4 3.6 13 4.1 6.9 2.8 14 3.0 6.9 3.9 15 2.9 6.8 3.9 16 3.1 6.5 3.4 17 3.3 6.2 2.9 18 4.5 6.3 1.8 19 4.0 6.1 2.1 20 4.1 6.2 2.1 21 3.4 6.5 3.1 22 3.2 6.1 2.9 23 4.0 6.8 2.8 24 _ 4.2 - 6.5 2.3 lAveragel 3.9 1 1 6.5 1 1 2.6 *All Grid Points and corresponding sludge laver thicknesses must be shown on a sketch attached to this Sludge Survey Data Sheet. See Appendix 4 for conversion from ii►ches to tenths of a foot. Murphy Family Ventures Appendix 3. Sludge Volume Worksheet Lagoon Identification: DM Farms 3-4 Completed by: Kevin Pope Print Name A. Average Sludge Layer Thickness (T) B. Depth of lagoon from top of bank to bottom soil surface (D) C. Slope = horizontal/vertical side slope (S) D. Length at top inside bank (L) E. Width at top inside bank (W) F. Length at midpoint of sludge layer Lm=L-2S(D-(T/2)) G. Width at midpoint of sludge layer Wm=W-2 S(D-(T/2)) H. Volume of sludge M V=LnxW.xT I. Volume in gallons Vo = V x 7.5 gal./ff. Date: 11/2/2006 _,' _ Signature 2.6 10 475 422.8 464,776 3,485,817 US State Plane 1983 North Carolina 3200 NAD 1983 (Conus) DM 3-4 Scale 1:1,500 lagoons.ssf N 0 175.0 10/5/2005 T OPS Pathfinder 0frice US Survey Feet 01 1-Trimble- Murphy Family Ventures Appendix 1. Lagoon Sludge Survey Form A Farm Permit or DWQ Identification Number: NCA231015 B. Lagoon identification: DM 3-5 C. Person taking Measurements: Corey and Bobby D. Date of Measurement 11/1/2006 E. MethodsfDevices Used for Measurement of: a. Distance from the lagoon liquid surface to the top of the sludge layer. b-c b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon: PVC Pole c. Thickness of the sludge layer if making a direct measurement with "core sampler": Disk F. Lagoon Surface Area (using dimensions at inside top of bank): _ 5 acres (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area.) G. Estimate number of sampling points: a. Less than 1.33 acres: Use 8 points b. If more than 1.33 acres, 5 acres x 6 = 24 with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data recorded at each can be easily matched.) H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). 1. At the time of the sludge survey, also measure the distance from the Maximum Liquid Level to the Present Liquid Level (measure at the lagoon gauge pole): 0.9 J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level (use lagoon management plan or other lagoon records): 2.4 K. Calculate the distance from the present liquid surface level to the Minimum Liquid Level (item J minus Item 1, assuming the present liquid level is below the Maximum Liquid Level): 1.5 L. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the lagoon bottom (average for all the measurement points): 8.0 M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): 6.2 N. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer. 1.8 O. Calculate the thickness of the existing Liquid Treatment Zone (Item M minus Item K): 4.7 (Note: If Item O is less than 4 feet, a sludge remaval and utilization plan may be required by N.C. DWQ. See your specific permit or contact DWQ for more information.) P. Proceed to the Sludge Volume Worksheet if you desire to calculate sludge volume for a rectangular - shaped lagoon with uniform side slopes. Completed by: _ Kevin Pope _ .u� 11/1/2006 Print Name Signadum Dade Murphy Family Ventures Appendix 2. Sludge Survey Data Sheet' Sludge Survey Data Sheet Lagoon Identification; Completed by: DM 3-5 Date: 11/1/2006 Kevin Pope �- Print Name Signature (A) Grid Point No. (B) Distance from Liquid Surface to to of sludge (C) Distance from Liquid Surface to lagoon bottom soil (C)minus (B) Thickness of Sludge La er Ft. & in. Ft. tenths Ft. & in. Ft. (tenths) Ft. & in. Ft. tenths 1 6.6 8.0 1.4 2 8.0 8.2 0.2 3 7.6 8.0 0.4 4 7.5 8.1 0.6 5 8.0 8.0 0.0 6 7.3 7.5 0.2 7 6.8 7.5 0.7 8 6.5 8.0 1.5 9 6.6 8.1 1.5 10 6.5 8.2 1.7 11 6.0 8.1 2.1 12 6.4 8.0 1.6 13 5.8 8.1 2.3 14 5.2 8.0 2.8 15 5.1 8.1 3.0 16 4.7 7.6 2.9 17 4.5 8.0 3.5 18 4.8 8.0 3.2 19 7.4 8.0 0.6 20 5.9 7.9 2.0 21 5.3 8:1 2.8 22 4.8 8.1 3.3 23 5.1 8.0 2.9 24 7.0 8.2 1.2 ]Average]Averagel 1 6.2 1 1 8.0 1.6 All Grid Points and corresnondincl sludue layer thicknesses must be shown on a sketch attached to this Sludge Survey Data Sheet. See Appendix 4 for conversion from inches to tenths of a foot. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +- + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++++++++++++ ++ +++++++ ++++ + +++-- +++++ ++++ ++ ++-+ + + +++++ +-++�- ++++ +++ + + +++++++ ++++ ++++�+++ -I- + ++$++++ +++++ ++�--+-f-++++ 00 + + + i + ++ + + ++ + + + + + + + +++ + + ++++ +++ +++++++ ++++ ++ + + + + + +++++++++ ++++ +++— ++ ++++++++++++ + + + + + + + + + + + + + + + + + + + + +POO + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + DM 3-5 US State Plane 1983 Scale 1:1,500 lagoons.ssf North Carolina 3200 NAD 1983 (Conus) N 0 175.0 10/5/2005 GPS PathfinderoOfFlce US Survey Feet k►Trimble_ Murphy Family Ventures Appendix 1. Lagoon Sludge Survey Form A. Farm Permit or DWQ Identification Number: B. Lagoon Identification: C. Person taking Measurements. D. Date of Measurement: E. Methods/Devices Used for Measurement of: NCA231015 DM 4-1 Corey and Bobby 10131 /2006 a. Distance from the lagoon liquid surface to the top of the sludge layer. b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon: c. Thickness of the sludge layer if making a direct measurement with "core sampler": F_ Lagoon Surface Area (using dimensions at inside top of bank): 4 acres b-c PVC Pole Disk (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area.) G. Estimate number of sampling points: a. Less than 1.33 acres: Use 9 points b. If more than 1.33 acres, 4 acres x 6 = 24 with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data recorded at each can be easily matched.) H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). I. At the time of the sludge survey, also measure the distance from the Maximum Liquid Level to the Present Liquid Level (measure at the lagoon gauge pole): 1.5 J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level (use lagoon management plan or other lagoon records): 2.2 K. Calculate the distance from the present liquid surface level to the Minimum Liquid Level (Item J minus Item I, assuming the present liquid level is below the Maximum Liquid Level): 0.7 L. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the lagoon bottom (average for all the measurement points): 7.6 M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): 5.3 N. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer. 2.3 O. Calculate the thickness of the existing Liquid Treatment Zone (Item M minus Item K): 4.6 (Note: If Item O is less than 4 feet, a sludge remaval and utilization plan may be required by N.C. DWQ. See your specific permit or contact DWQ for more information.) P. Proceed to the Sludge Volume Worksheet if you desire to calculate sludge volume for a rectangular - shaped lagoon with uniform side slopes. Completed by: Pope «r 7/19/2006 _Kevin Print Name Signature Date Murphy Family Ventures Appendix 2. Sludge Survey Data Sheer Sludge Survey Data Sheet Lagoon Identification: DM 4-1 Completed by: Kevin Pope Print Name Date: �10/3112006 /-lea, Signature (A) Grid Point No. (B) Distance from Liquid Surface to to of sludge (C) Distance from Liquid Surface to lagoon bottom soil (C)minus (B) Thickness of Sludge La er Ft. & in. Ft. tenths Ft. & in. Ft. tenths Ft. & in. Ft. tenths 1 7.7 8.0 0.3 2 5.9 7.4 1.5 3 6.7 6.8 0.1 4 7.3 8.0 0.7 5 4.5 8.0 3.5 6 4.8 7.5 2.7 7 6.4 7.8 1.4 8 5.5 8.0 2.5 9 5.9 7.7 1.8 10 6.5 7.6 1.1 11 5.0 7.6 2.6 12 5.6 7.7 2.1 13 5.5 7.6 2.1 14 5.6 7.9 2.3 15 3.5 8.0 4.5 16 4.8 6.9 2.1 17 3.1 7.4 4.3 18 3.1 7.5 4.4 19 3.0 7.5 4.5 20 7.1 8.0 0.9 21 5.1 7.2 2.1 22 5.5 7.4 1.9 23 4.0 7.4 3.4 24 6.0 7.8 1.8 lAveragel 5.3 7.6 1 2.3 'All Grid Points and correspondinct sludge laver thicknesses must be shown on a sketch attached to this Sludge Survey Data Sheet. See Appendix 4 for conversion from inches to tenths of a foot. + + + + + + + + + + + + + + + + ++++++++++++++++ ++++ +++--++++-+++ + + ++++++++++ ++++ +-++++++++++ + + +++ ++++++++++++++++ +++-+++++++++++++- + + + + + + + ++ +-++ ++++++-+++ ++ + ++++++++ ++ - + +++ ++++ +++++++ ++++++ ++++ 7+++ US State Plane 1983 North Carolina 3200 W 19a3 (Cones) + + 4-2C-+ + + N + + DM 4-1 Scale 1:1,500 N T0 175.0 US Survey Feet lagoons.sd 10/5/2005 4PS PaMnder'Of#ice O.Trimble_ Murahy Family Ventures Appendix 1. Lagoon Sludge Survey Form A. Farm Permit or DWQ Identification Number. B. Lagoon Identification: C. Person taking Measurements: D. Date of Measurement: E. Methods/Devioes Used for Measurement of: NCA231015 DM 4-2 Kevin Pope 7/18/2006 a. Distance from the lagoon liquid surface to the top of the sludge layer. b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon: c. Thickness of the sludge layer if making a direct measurement with "core sampler": F. Lagoon Surface Area (using dimensions at inside top of bank): 5 acres b-c PVC Pole Disk (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area.) G. Estimate number of sampling points: a. Less than 1.33 acres. Use 8 points b. If more than 1.33 acres, 5 acres x 6 = 24 with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data recorded at each can be easily matched.) H. Conduct sludge survey and record data on "Sludge Survey Data Sheet" (Appendix 2). 1. At the time of the sludge survey, also measure the distance from the Maximum Liquid Level to the Present Liquid Level (measure at the lagoon gauge pole): 0.4 J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level (use lagoon management plan or other lagoon records): 2.6 K. Calculate the distance from the present liquid surface level to the Minimum Liquid Level (Item J minus Item I, assuming the present liquid level is below the Maximum Liquid Level): 2.2 L. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the lagoon bottom (average for all the measurement points): 8.9 M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): 7.1 N. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer: 1.8 O. Calculate the thickness of the existing Liquid Treatment Zone (Item M minus Item K): 4.9 (Note: If Item O is less than 4 feet, a sludge remaval and utilization plan may be required by N-C. DWQ. See your specific permit or contact DWQ for more information.) P. Proceed to the Sludge Volume Worksheet if you desire to calculate sludge volume for a rectangular - shaped lagoon with uniform side slopes. Completed by: Kevin Pope .�✓^ 7/19/2006 Print Name Signature Date Murphy Family Ventures Appendix 2. Sludge Survey Data Sheet' Sludge Survey Data Sheet Lagoon Identification: Completed by: DM 4-2 Date: 7/18/2006 Kevin Pope Print Name signaturg (A) Grid Point No. (B) Distance from Liquid Surface to to of sludge (C) Distance from Liquid Surface to lagoon bottom soil (C)minus (B) Thickness of Sludge La er Ft. & in. Ft. tenths Ft. & in. Ft. tenths Ft. & in. Ft. tenths 1 7.8 8.5 0.8 2 9.3 9.3 0.0 3 7.0 8.5 1.5 4 9.3 9.3 0.0 5 8.8 9.0 0.3 6 8.8 9.3 0.5 7 6.0 9.0 3.0 8 8.0 9.0 1.0 9 7.3 9.5 2.3 10 7.8 9.5 1.8 11 8.3 9.5 1.3 12 9.0 9.0 0.0 13 8.0 9.5 1.5 14 7.5 8.5 1.0 15 7.5 9.0 1.5 16 7.8 9.5 1.8 17 7.0 9.0 2.0 18 6.8 9.0 2.3 19 5.0 8.5 3.5 20 7.3 8.5 1.3 21 5.0 8.5 3.5 22 5.0 8.5 3.5 23 3.5 8.5 5.0 24 4.0 8.5 4.5 lAveragel 1 7.1 1 1 , 8.9 1 1 1.8 `All Grid Points and conggponding slud a layer thicknesses must be shown on a sketch attached to this Sludge Survey Data Sheet. See Appendix 4 for conversion from inches to tenths of a foot. ++++++++++++++++++++++++++ ++++++++++++ +++++++ +++++++ ++++"+ +++++++ + + + + + + + + + + + + + + + + + +++++++++4j+ ++7++ + ++++++ + � - + +++ +++++++ +++ +-++ +++++ ++++++ ++ + ++++++ ++ ++ ��++ ++ ++ ++ ++++++ ++ ++ ++ ++++-++++ ++++++ + ++++ ++ ++++ + ++++++ ++++++++++ ++ + +++++ ++++++++++ +-f +++++++++++ + +++ ++ +++++ +++++++++-++ +-�- +++++ +++++ +++++++++++ ++ ++al++ +++++ +++++++-� +++ ++ +++++ +++++ -}-++++++++++ ++ ++ + +++++ +++++++++++ ++++++++ +++++ ++++++++++++ +-�+-� + -+++++++++++ +fi++ . + +++++ ++++++++-I +++ ++++ ++ +++++ ++++++++++++ fa+ +++++++++++++++++++++++++ + f-+ ++ +--+-+++ +++++++++++++ + +++++ -f--I +++++++++++ + ++++ +++++ +++++++++++++ +++++++++++++ + +++ +++++ +++++-�--� ++++++ + +++-I--�- +++++++++++++ +++++ US State Plane 1983 North Carolina 3200 NAD 1983 (Conus) DM 4-2 Scale 1:1,500 N 0 175.0 US Survey Feet lagoons.ssf 10/5/2005 OPS PathflnderoOfiice 01-Trimble_ 3 i' PLAROF ACTION(Poa) FOR -HIGH FREEBOARD AT ANIMAL FACILITIES 14 N 1 g 2007 Facility Number. NCA231015 County. Du lin Facility Name: Map III, DM Section 4 Sites 1-4, Section 3 Sites 4-5 Certified Operator Name: Doug Atkins_ Operator Number. 985738 1. Current Liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon Name/ID- Mag III Spillway(Y or N): no Level(inches): 17 - - 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site tocations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation `if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 1/12/2007 I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the Information is accurate and correct 11 r L tL�_7O n _ Phone: /O`a26?.f _-/'?3 Facility Owner/Manager (print) ® Date: 7 Facoty Owner/Manager (signature) il. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Mag III 2. Structure ID: n. lines 1 + 2 = line m = 1861.4 lb PAN line m = lb PAN 1861.4 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (Ibtacre) t TOTAL PAN BALANCE FOR FIELD (lbs.) column r X s u. application window' AW 13-20 Covercrop 57 15.00 855.0 Oct - Mar AW21-23 Covercro 25 15.00 375.0 Oct - Mar AW 30a-36 Covercrop 46.5 15.00 697.5 Oct - Mar AW 39-47 R e 42.7 38.00 1622.6 Se - Apr 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column Q = 3550.1 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section 11) = 1861.4 lb. PAN x. CroWs remaining PAN balance (line v from section 111) = 3550.1 lb. PAN y. Overall PAN balance (w - x) = -1689 lb. PAN (Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namefidentifier (ID): Ma III 2. Current liquid volume in 25 yr.124 hr. storm storage 8 structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm S structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area -at below structural -freeboard elevation) e. line cl12 x line d x 7.48 gallonslft3 3. Projected volume of waste liquid produced during draw down period 97.0 inches 20.0 inches 3.0 inches 242820 fe 454073 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 423994 ft3 h. current herd # 4400 certified herd # 4400 actual waste produced = current herd # x line g certified herd # i. volume of wash water according to structural design J. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 daystline f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 12/19/2006 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 423994 ft' ®t3 144976 ft3 709316 gallons 1.60 lbs11000 gal. 1861.4 lbs. PAN PoA (30 Day) 2/21/00 ,f P7�7-MLY-VON4TUREYSLLCY Explanation for Waste Plan Revision Facility Name: Mag III, DM Section 4, Sites 1-4, DM Section 3, Sites 4-5 Facility Permit No.: NPDES NCA231015 90OZ 10 330 CK4A 43 In compliance with our NPDES permit, Section 1, Part 3, Paragraph 2, the following is an explanation of changes made to the Waste Utilization Plan for the facility listed above. The WUP has been changed to reflect changes made in the crops that are grown for the effluent to be applied to.' The following fields have been changed from row crop rotation to a Bermuda and small grain rotation. The fields that have been changed are as follows: Risers 13-23 Bermuda/small grain Risers 30-36 Bermuda/small grain Risers 39-62 Fescue (also see attached amendment) Risers 63-76 Bermuda/small grain Risers 84-93 Bermuda/small grain Risers 95a-97b Bermuda/small grain These changes will complete the conversion of the land at this facility from row crops and Bermuda to all Bermuda and/or fescue. The fields listed above will be planted/sprigged this fall and spring 2007. All PAN rates reflect the 25% grazing reduction. If there are any questions or concerns about these changes, please feel free to call me at 910-289-7298 ext. 203. Sincerely, 19�� / Kevin Pope Technical Specialist Murphy Family Ventures LLC Enc. kp P 0 Box 1139 Wallace NC 28466 PRODUCER: Mag Ill, DM Section 4 Site 1-4, Section 3 Sites 4-5 Facility 931-15 LOCATION: Waycross, Duplin County TELEPHONE: (910) 285-1357 TYPE OPERATION: Farrow - Finish NUMBER OF ANIMALS: 53,320 4,400 Farrow -Wean; 48,520 Feeder - Finish; 400 Wean - Feeder The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where 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. 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. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission, NUP Page 1 Amount of Waste Produced Per Year(gallons, ft tons etc. 4,400 6.1 26,840.0 48,520 animals X 1.9 (tons) wastetanimallyear = 92,188.0 (amt.) wastelyear. 400 0.42 168.0 119,196 TONS Amount of Plant Available Nitrogen (PAN) Produced Per Year 75,205 *Ibs. PAN/year. i 53,320 animals / 1.4 lbs. PAN/animal/year * The above PAN was calculated using on farm records. The records are available for review. 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 and surface application: Table 1. ACRES OWNED BY PRODUCER See NUP Page 2a *This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic yield expectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. NUP Page 2 unuza►noH TOM l: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres L6s. N worm d f No. Type Per Acm Utilized J11aoecr5wr MAC 0 1 Blarbn Barrraal4 160 3.0 I 4e0 Mr MAOa 1 Blrbn Sotii Groh 50 3,0 1w Od.Mr 1 WQ It' ra - -J - - e -e» -... 11�' ■7i� # ViFUME mmwmto !: MAGM 2a Blarbn Bomordo lea MA 1AN Yr WAG a 2-4 Bit~ Bma6 Grain 50 10.1 5135 Odw" ! Aw __ - w E VOW 1rr sd wrRMMIL mw MAG E 5 eau 7 4leefetlt Banntrta 222 13.0 2.880 Moir -sea Al11ra a 5 eim 7 1,10r100t smae Groh 50 13.0 aw Od-Ir MAG E 85a1i 12 Blweon ONWAda 100 20A 3328 Mr MAC ■ SOW 12 81101111n 5m11111 Groin 50 204 1.040 Od-Mr rWow, ! l Ilv - g Til ! M - - 1! atal sw - _ 7! ■ W 11R z le e11111" alrbt e� rler a pqr alil MAO a 13,20 Blrbrl Berlmdo too 41A O.tl00 Mw MAC m M20 Blrbh Small Groin 50 41A 2,000 Od-mw fume! :. Isis = A a! wed 1 1� `yr Sam 21-13 Baleen Somado 1e0 12.7 2,= ime Sam 21-23 Blwbn Strum Groh 5012.7 035 Odhr 4 MISS -Y e7 Emu— » su-ear ! ti asp M! w - tia4 3ad4 24-29b 811ereon arrntida 100 $1.7 exr2 Mr Seem.2�29b elrbn ^ PAGri1 50 51.7 2.5e5 Odilw 7 r s r a wue.P .. — Sam 300-36 w Bnkalm 202 32.7 0.005 Mw Soda 304-M AmyAw Small Groh 50 37.7 1635 Ott -Mar Sod 4 30rt36 Barrndo 202 46b 9.2 U-Sy- V01ii0le1 - wwa' - a ell+ - i ai aMqlr -. f11�Qoaiwmk 5md4 37-36 AL&rAga BWMAM 202 72 1.454 14r SKIS 37-M Audrydis Small Graft 50 72 3e0 OdMAr a eav Twhur4o Feoeua !ar>,sc 7 - 34d4 30-47 15D 34.3 5,145 AM -Ad . i !r # o iT Sects 4562 Torhunta Fallow ISO 70.9 Wow -Jul Zr Bechtg=wum Berreuda 202 e14 12.403 Mr Sed 4 Smr Oran 50 01.4 3.070 Od44r x1 A. 44rSad 3od4 BairrNda 202 262 5292 4 Small Grain 50 202 1310 OcEMr 3ed 4 Cs0ldabOre Benriuda 222 15.1 3,352 liarSad4 Gokkbwo Smog Groh 50 1&1 755 Oc~ 54d4 Baemuda 202 Wit a.wo MrSod4 Sma�Gran 50 30.9 1.90 Od41r 1811E aes E: i 4fr' .: Sod 4 11! 04 Buff*m ew 11i eemntle B.: tiW, 10D UZZIM 1103011101FUM, e111E690,lfte 4.0 "a Mw Sod 4 94 Blarbn Small Groh 50 4.0 200 Od-Mr - Bt MMMAM L`! 11 R; B : %t - at MrApooptolim 4ti l�7 i! - Yrr awls fr.wv mmm1 -Ija Sad4 058-97b Bamrda 202 21.0 4242 Mw Sod4 950F7b 9me Gran 50 21.0 1,050 004A r R Sad4 # QS-M ar i l p - V A14 :'4"cl We 0B. tall BWML40 202 114 2300 Mr- Sod 4 0699bA01tywile SnvY Gran w 11.4 570 OdMw 410 Km $ed4 1000-Imb Twhata eorrnrtla 222 02 1.820 Mr Sod Me,100b Terlaad Sma/Grain 50 62 410 Od•Mw s 1 sae -W 3i<�. R& MtOAV y e TOTAL 486.8 115,657 Reels 652A 134,843 Aerwsy NUP Page 2a Rotation 1 W' WASTEWTILIZATIOI SPLAN Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (AgreamaM with ad)acent landowner must be attached) (Required only if operator does not own adequate land (see Required Specification 2)) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre Utilized Application 0 0 D See footnote for Table 1. Total Totals from above Tables Reels Acres Lbs. N Utilized Table 1 486.8 115,657.20 Table 2 Total 486.8 115,657.20 Amount of N Produced 75.205.00 Surplus or Deficit 40,452.20 NOTE: 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 nutrient or other elements. Aerwav Acres Lbs. N Utilized 652.1 134,842.80 652.1 134,842.80 75,205.00 59,637.80 NUP Page 3 Rotation 1 K 1111f/d1STE�lJT1EuMnCi �' a ' N-PLAN _- See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate (In/1-16 Amount (In.) 1 thru 4 Blanton Bermuda/Small Grain 0.75 1 5 thru 7 Norfolk Bermuda/Small Grain 0.5 1 8 thru 12 Blanton Bermuda/Small Grain 0.75 1 13 thru 20 Blanton Bermuda/Small Grain 0.75 1 21 thru 23 Blanton Bermuda/Small Grain 0.75 1 24 thru 29b Blanton Bermuda/Small Grain 0.75 1 30a thru 38 Autryville Bermuda/Small Grain 0.6 1 39 thru fit Torhunta Fescue 0.45 1 63 thru 80b AutrIville Bermuda/Small Grain 0.6 1 81 thru 83 Goldsboro Bermuda/Small Grain 0.5 1 84 thru 99b Autryville BermudaiSmall Grain 0.6 1 100a thru f 00b Torhunta Bermuda/Small Grain 0.45 1 Johnson'! Goldsboro Bermuda/Small Grain 0.5 1 Johnson 2 Blanton Bermuda/Small Grain 0.75 1 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. 7 Lagoons Your facility is designed for _180 days of temporary storage and the temporary storage must be removed on the average of once every _6_Months. In no instance should the volume of waste being stored in your structure exceed Elevation 'see lagoon staff gauges. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: This NUP reflects wettable acres and is written for travelers and aerways. This NUP reflects the use of on farm records for the years of 1999-2001. The acoompanying sheets provide the data for the use of these records. The total PAN oroduced was increased 10% to give the grower some room to work in case of a bad vear. These farms use a hard hose traveler and dry hydrant system, and aerwav system for irrigation. The method of nutrient removal is through grazing, haying, and row crops. A 25% N reduction was taken on all land that is grazed. This farm is in the process of convertina all row crap land Im 'o bermuda and fescue pastures for cattle grazing. A# PAN allowances reflect the 25% grazing reduction. -Some of the bemnruda will be spriaged in the sprina of 2007 and harvested by either havina or arazina. Fescue will be harvested by having or grazing. Please see amendment fior more Information on the fescue fields. NUP Page4 WASTE UTF1: ATI0 NF PLANC - s 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 and agreement for use of adequate land on which to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing himther the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 - Filter Strip). 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6 When animal waste is to be applied on acres subject to flooding, it will be soil' incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. NUP Pages REQUIRED SPECIFICATIONS (continued) 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. 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 no 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 wetlands provided they have been approved as a land application site by prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge 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 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. NUP Page 6 18 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. 19 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 is should only be applied preplant with no further applications of animal waste during the crop season. 20 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 markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 21 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. 22 Dead animals will be disposed of in a manner that meets North Carolina regulations. NUP Page 7 WASTE UTILIZATION PLAN AGREEMENT Name of Farm: Mag 111, DM Section 4 Site 1-4, Section 3 Site4-5 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 Division of Environment Management (DEM) 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 DEM upon request. Name of Facility Owner: DM Farms of Rose Hill LLC. (please print) Signature: Date: Name of Manager (If different from owner): D vi Hulbe Signature: Date: l / z O Name of Technical Specialist: (please print): Kevin Pope Affiliation: Murphy Family Ventures, LLC Address (Agency): P.O. Box 1139 Wallace, NC 28466 Signature: Date: NUP Page 8 Tract Field Soil Crop Lbs. N -,Acres Lbs. N Month of # No. Twe Per Acre Utilized Application Seddl 39-47 Torhunts Annual Ryegrass 90 34.3 3.087 Se - Apr SI CE4�' 3$ 47 T ;� W90-M W,40= "1� Sect4 39-47 Torhunta Millet 160 34.3 5,486 Apr - Sep 15 .�- " 3947 Ya '� ` 11iTlle� 18'0 427 8.831= t L= ;18 , Z rm, mmm TOTAL 34.3 5575.101 Keels 42.7 10675.0 Aerway This amendment is an addition to the existing waste utilization plan. The fields listed above are to be planted in fescue in the fall of 2007. Until this time, the above crops will be utilized along with the stated PAN rates. These rates are adjusted to the 25% grazing reduction rule. Harvest will be through grazing. Technical Saeclalist: Kevin Date: 11Z r - 06, Amendment IV(', POA for FaA ty NCA231015 Subject: POA for Facility NCA231015 From: KPope@murfam.com Date: Fri, 16 Feb 2007 11:14:51 -0500 To: chester.cobb@ncmail.net CC: ALinton@murfam.com Chester, Please find attached a 30 day POA for three lagoons in the Mag 3/Section facility 31-15. I called and left you a voice mail this morning around 9am, but as of this email, I have not heard back from you. If you have any questions or concerns, please give me a call. Thanks, Kevin Pope Technical Specialist and Farming Manager Murphy Family Ventures, LLC 910-289-7298 ext. 203 office 910-284-2813 mobile Section 4 POA30-2-16-2407.x1s_Content-Type: application/msexcel � Content -Encoding: base64 1 of 1 2/20/2007 2:19 PM PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: NCA231015 County: Duplin Facility Name: Mag III, DM Section 4 Sites 1-4, Section 3 Sites 4-5 Certified Operator Name: Doug Atkins Operator Number: 985738 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/ID: Spillway(Y or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 DM 4-2 DM 4.4 DM 3-5 no no no 18 19 18 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation "if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 3/1/2007 hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge. and ability, the information is accurate and correct. Phone: Facility Owner/Manager (print) Date: Facility Owner/Manager (signature) PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelidentifier (ID): 1 DM 4-2 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 20.0 inches c. line b - line a (inches in red zone) = 2.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 207500 ft2 e. line c/12 x line d x 7.48 gallons/fe 258683 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 261106 ft' h. current herd # 7920 certified herd #1 7920 actual waste produced = current herd # x line g = 261106 ft' certified herd # i. volume of wash water according to structural design 01 ft3 j. excess rainfall over evaporation according to design 145298 ft' k. (lines h + i +j) x 7.48 x 30 days/line f= 506650 gallons 4. Total PAN to be land applied during draw down period I. current waste analysis dated 2/7/2007 1.90 Ibs11000 gal. m. ((lines e + k)11000) x line 1= 1454.1 lbs. PAN REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121 /00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelidentifier (ID): I DM 4-4 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm S structural freeboard c. line b - line a (inches in red zone) _ d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallonslft' 3. Projected volume of waste liquid produced during draw down period 19.01 inches 20.0 inches 1.0 inches 183616 ft' 114454 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 261106 Jft3 h. current herd # 7920 certified herd #1 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated I2/7/2047 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE (Click on the next Structure tab shown below) 261106 ft' ® ft3 134637 ft3 493360 gallons 2.40 Ibs11000 gal. 1458.8 lbs. PAN PoA (30 Day) 2/21 /00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): I DM 3-5 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 18.0 b. designed 25 yr.124 hr. storm & structural freeboard 1 20.0 c. line b - line a (inches in red zone) = 2.0 d. top of dike surface area according to design (area at below structural freeboard elevation) 219736 e. line c/12 x line d x 7.48 gallonstif 273938 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 g. volume of waste produced according to structural design 261106 h. current herd # 7920 certified herd #1 7920 actual waste produced = current herd # x line g = 261106 certified herd # i. volume of wash water according to structural design 0 j. excess rainfall over evaporation according to design 153533 k. (lines h + i + j) x 7.48 x 30 days/line f= 516917 4. Total PAN to be land applied during draw down period I. current waste analysis dated 2/7/2007 2.20 m. ((lines e + k)11000) x line I = 1739.9 REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) PoA (30 Day) 2121/00 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: DM 4-2 2. Structure ID: DM 4-4 3. Structure ID: DM 3-5 n. lines 1 + 2 + 3 = line m = 1454.1 lb PAN line m 1458.8 lb PAN line m = 1739.9 lb PAN 4652.8 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (tbs.) column r x s u. application window' Aerwa 63-76 Bermuda 62 202.00 12524.0 Mar -Se Aerwa 77-83 Bermuda 60.6 202.00 12241.2 Mar -Se Aerwa 84-93 Bermuda 62 202.00 12524.0 Mar -Se Aerway 94 Bermuda 34.9 160.00 5584.0 Mar -Se 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 42873.2 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 4652.8 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 42873.2 lb. PAN y. Overall PAN balance (w - x) _ -38220 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: PoA (30 Day) 2/21100 The PAN for the winter crops at this farm is very little. The bermuda season begins on March 1, therefore, our POA is using March 1 as a target date for drawing these lagoons down into compliance. The above fields are only represent a portion of the land available and more can be added to this POA if needed. PoA (30 Day) 2121/00 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-'.nCIIVEI ) Dm Farms Of Rose Hill LLC �� Magnolia III, DM Section 4 Sites 1-4, Section 3 Sites 4-5 JUN 2 6 2007 PO Box 1139 Wallace, NC 28466 Subject: Certificate of Coverage No. AWS310015 Magnolia III, DM Section 4 Sites 14, Section 3 Sites 4-5 Animal Waste Management System Duplin County Dear Dm Farms Of Rose Hill LLC: In accordance with your application received on 27-Feb-07, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Din Farms Of Rose Hill LLC, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Magnolia III, DM Section 4 Sites 14, Section 3 Sites 4-5, located in Duplin County, with an animal capacity of no greater than the following swine annual averages: Wean to Finish: 0 Feeder to Finish: 48520 Boar/Stud: 0 Wean to Feeder: 400 Farrow to Wean: 4400 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 III.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�ay careful attention to the record keeping and monitoring conditions in this permit. Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwatgrqualitY.M Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper One Nbf Carolina Naturally 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 Jaws, rules,. standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. "Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 02T .0111(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS standards and the permit is rescinded by the Division. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the 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 Wilmington Regional Office. The Regional Office Aquifer Protection staff may be reached at 910-395-3900. 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) Duplin County Health Department Duplin County Soil and Water Conservation District Wilmington Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File AWS310015 09/19/ZUUB TUE 9:32 FAX 9102933138 WRLNNI to 002/002 � CAWMP AMENDMENT 9/19/06 This amendment is intended to extend the pumping window on soybeans. During a field visit to the faun on 9/14/06 the soybeans were found to be in a growth stage that is --- -- still receptive to -nitrogen -application: The -following fauns were visited.and.soybeans determined to be in this growth stage: Farm Facility Number Hvdrantc DM Section 1, Site 1 & 31-16 1-20b & 35 DM Section 2, Site 5 DM Section 2, Sites 1-4 31-17 38-47 Dm Section 3, Sites 1-3 & 31-14 13-18 & 24-39 Wendy Nursery 3-8 Mag 3 Sow & 31-15 13-23, 30=36,-63-76, 84-93,� DM Section 4, Sites 1-4 & 95-97b DM _Section 3 Sites 4-5 _ Mag 4 Sow, Melville 1, 82-77 Pivot 9 & 11, 18a-23b, 27- Melville 2, Dell & DM 1-4 28, 31-32, 38-44b, 50-53, 54b, TB -TB37 The soybeans were planted July 12-15, 2006 and this has delayed the plants from reaching maturity and would allow the need for more Nitrogen at this time. Therefore the pumping window on these soybeans can be extended until September 30, 2006. — 0- j -,-4, � Murphy Family Ventures, Manager Todd Rowe, CCA Technical Specialist - 06 Date Date 09/19/2009 Inw. 09-SR FTYipr NO Q1991 rAnnq freeboards Subject: freeboards From: A J Linton <ALinton@murfam.com> Date: Wed, 7 Mar 2007 13:05:31 -0500 To: chester.cobb@ncmail.net Good afternoon, I wanted to let you know that DM 4-2 is 18". We have a aerway crew running and also have room to transfer. Do you need a POA? We will be updating all our other POA's in the morning. Look for a email from Kevin. AJ Linton Environmental Manager Murphy Family Ventures East 910-285-1357 1 of 1 3/14/2007 1:29 PM FA1�ijLY VENTURES LLC O-2EIVEU Explanation for Waste Plan Revision .BAN 16 2007 Facility Name: Mag III, DM Section 4, Sites 1-4, DM Section 3, Sites 4-5 ---- — Facility Permit No.: NPDES NCA231015 In compliance with our NPDES permit, Section 1, Part 3, Paragraph 2, the following is an explanation of changes made to the Waste Utilization Plan for the facility listed above. The WUP has been amended to reflect additional crops that are grown for the effluent to be applied to. The following fields will be planted in a cover crop in order to give the facility more available PAN: Risers 13-23 Risers 30-36 Risers 39-62 Risers 63-76 Risers 84-93 Risers 95a-97b The cover crop is following soybeans, so the allowed rate of 30 pounds of nitrogen per acre has been reduced to 15 pounds per acre to account for the residual nitrogen from the soybeans. This amendment is valid through May 2007. If there are any questions or concerns about these changes, please feel free to call me at 910-289-7298 ext. 203. Sincerely, -ram Kevin Pope Technical Specialist Murphy Family Ventures LLC Enc. kp P 0 Box 1139 Wallace NC 28466 �'Y� '-�;..;- i6n.7a33a v` �ww� yt • � � �� 1� K�Ak�`:••: �e -L-vi'�'+=�i�k Facility Number: 31-15at� Facility COC Number. NCA231015 Facility Name: Mag III, DM Section 4 Site 1-4, Section 3 Sites 4-5 LandowneVs Name: DM Farms of Rose Hill LLC Landowner's Mailing Address: PO Box 1139 Wallace, NC 28466 Facility's physical address: 1114 Beasleys Mill (toad Warsaw, NC 28398 Type of Operation: Farrow - Finish Number of Animals: 53,320 (4,400 Farrow -Wean; 48,520 Feeder -Finish; 400 Wean -Feeder The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater_ The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where 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. 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. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. NUP Page 1 ErIJTILiZATiONPLAN''�. Amount of Waste Produced Per Year (gallons ft. tons, etc.) 4,400 6.1 26,840.0 48,520 animals X 1.9 (tons) waste/animal/year = 92,188.0 (amt.) waste/year. 400 0.42 168.0 119,196 TONS Amount of Plant Available Nitrogen (PAN) Produced Per Year 75,205 'Ibs. PAN/year. / 53,320 animals / 1.4 lbs. PAN/animal/year The above PAN was calculated using on farm records. The records are available for review. 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 and surface application: Table 1: ACRES OWNED BY PRODUCER See NUP Page 2a `This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for N must be based on realistic yield expectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. NUP Page 2 TE UTILIZATI' ff Table is ACRES OWNED BY PRODUCER Tract Field soil Crop Lbs. N Acres Lbs. N Owreh 14 & NrL Tvno Pot Arm "H112,101 k_G_ VAG 01 1 Blenbn Bwnudo tgL_ 3.0 480 Air- MAG III I- Blawton Small Groks- so 3.0 150 044AW �Awm 111111.WUW 110i 2ML3bnft_.�_ iWaormwWOW _4 =11' 4 4Vf _ VVZ�.'g M -&�-hftpav ?SOS ft"1900 wLF+wmkxk-.?S�- maii"Galkik nano 4j.aw "au-1-2w MA,O IS 2-4 - ahwftn BOML48 IGO 10.1 IA16 ku MAG 0 2-4 Blonbn Small Gram 50 10.1 505 oa-mor wo 0: MVAwWw- 24 AR MW misr"ITNOW 411L=4. 0"#-j WUW=7w T-"Fltlis#mff= MAG N 5 tku 7 Norlatk �u" 222 13.0 2.6116 Kul-q" MAGN seww7 N-lak- srrkki Groin so 13.0 050 oct-m_ MAG 10 8 swu 12 Blamn 6errr.,drr IWO 2011 3.323 MarS MAG 0 8 ftu 12 Slonsm S..O Grain 50 203 1 JDQ 00-1,484, mAr w 13-20 Slarawl. BarTnudo 180 41.5 sea UK -sop MAG tg 13-M Blawwbn Small Groin so 41.41 2.090 0ct4l4w 9000, MPAroorJ340M MUM Ma ll%8,iiWQrjftft 50A It SFAl n- MIL-1 2AW WA 00444r�,. 21-23 abudan Bermuda 1w 127 2.032 Mar -Sep $am- 21-23 Blandon Smau Groin 511 12.7 MOMS--ft AL9w0.oftVai 9604 IM 21AP -0111W. 41AN #Vt _Aa ftlodmvgq@ie Awaak a(show MW 12M so 004hi-rM. 5604 24291, Rio om Bwmdm im 51.7 8272 AA.Am socl4 24-296 Simon Sm.11 Groin so 51.7 2565 Od-M. Wandl :$ W26-nbu wKs..ftaw IGO 3 W us-r-, MWMO,*' a BMW WC*WQvjbXW �:Ai_wWX49h19Q&7ftWftq-%!_k-- W0nudQrg&W WV OSLO AMNSW21'00 MW 0"ftrAU: S"" 22t36 AL*y-ik Bermuda 202 32.7 GAS M--Seo Swd4 30.30 Small Groan So r Bad 4- AA," 30k30 Bermuda 202 4as 9 Mors.p ,8006, - AwwNj*ft4" UVII 0,=3 11 ao 06afari=6K B404 37-38 AL&Ydlo B.M.1d. 72 IA54 Mr seas 1 3738 Aulrv�ft firnall Groin so 7,2 360 4.aftwp !Eftm!ksa:!r Soc$4 30-47 Torhunto F..cu. 150_ 34.3 5.145 Au2-M 9"w wpk. �""* _ml I EMML*7 mmil IZ4"411 M .1-vim x - soc" 4S82 Toch-n2v Fescue ISO 70.9 10.6n Aug -,NA 44.14; � - 40�4ulw qw-F" will,= 7a-s-11 mr.F, t2ift AwlAni., Sood.- 41170 -8ormudo M_ 014 12.403 PwlaE__!�M Sod 4 63-76 ALdrf4ft Small Groin - so 514 3,070 00-mor Sdel 4 774% Alby�illv Sofmw" 202 262 5 222 k4or S4d4 "410b AL&yA@ Small] Grain so 252 1,311) ckg-mw M11n, $ad 222 15.1 3 hur-Sep Sod4l 61 1hru 83 Goldsboro Small Grain 50 15.1 755 00-10ft =skw. • ;-�SAorwW1743M v J44-fAll000kku"a- i."FandillankinA 6- SO Y, AM- 3,M _O*Mt !I 93 tZff" Sormtdo M 392 - - BOW ku,stw Soda 84-93 ALdryWW - - SmallGre. .- 50 329 IAS 2E1Jr44r -9w 4 jLN9SL6_"LW_ 99XV: NEW. M ft Mor-&-'Xi Q2w llrfl" gm=s.= M*ftuwa -ftft4, Sod A 94 Blanton Somwd, ISD 40 "o mot -sop Sod4l 04 Stamm Small Groin so 4.0 200 oct4ftr 4l=KMmdmivFW' �,*l saimaRk XSk Uts; 103"� WAM IMA b-*� Iftft 4-4 fto;11411Wa, AwwAqj961R':'-' �DWAM�AXL lb-'91mag GINJIL W'K 6"34A 1.7411. IFIL 0044ar W V,*gft Somhol. 202 210 4242 Mar Sop -A!!E!4 95&­976 AuVyMo Small Grain 50 21A_1050 OcPAw LM, -L, 22A, 1! Sod 4 116.01b iwmpzm 202 11.4 2,303 hlor-�!p SGC14 98.99b AugVvft Small Gain so 114 570 OcPAr Ai4ol6w," *n,,k* -. L ':z,allovwqwtAo4 ar"E4 Qrokmt 4 f2, 1p- S:tva taoc"birl-r S.d4 I00a,1111016 ToMwft 84-udo zu 02 1.920 VAr-S&p Saad 1004,10w Torhurd* S-oll Grain so 82 410 Oct+A., i8M4, . . ='-: :,IF 10 Al," �=V::22W Mi!Uw4Mp'W'ii it:! TOTAL 486.3 115,657 Reels 652.1 134,843 Aerway NUP Page 2a Rotation 1 Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only it operator does not own adequate land Is" Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre Utilized Application 0 0 0 See footnote for Table 1. Total Totals from above Tables Reels Acres Lbs. N Utilized Table 1 486.8 115,657.20 Table 2 Total 466.8 115, 657.20 Amount of N Produced 75,205.00 Surplus or Deficit 40,45Z20 NOTE: 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 nutrient or other elements. AerwaY Acres Lbs. N Utilized 652.1 134,842.80 652.1 134,842.80 75,205.00 59,637.80 NUP Page 3 Rotation 1 See attached map showing the fields to be used for the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crap Application Application No. Rate (INHr) Amount (In.) 1 thru 4 Blanton Bermuda/Small Grain 0.75 1 5 thru 7 Norfolk Bermuda/Small Grain 0.5 1 8 thru 12 Blanton Bermuda/Small Grain 0.75 1 13 thru 20 Blanton Bermuda/Small Grain 0.75 1 21 thru 23 Blanton Bermuda/Small Grain 0.75 1 24 thru 29b Blanton Bermuda/Small Grain 0.75 1 30a thru 38 Autryville Bermuda/Small Grain 0.6 1 39 thru 62 Torhunta Fescue 0.45 1 63 thru 80b Aut ills Bermuda/Small Grain 0.6 1 81 thru 83 Goldsboro Bermuda/Small Grain 0.5 1 84 thru 99b Autryville Bermuda/Small Grain 0.6 1 100a thru 100b Torhunta Bermuda/Small Grain 0.45 1 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. " 7 Lagoons Your facility is designed for _180 days of temporary storage and the temporary storage must be removed on the average of once every _6_Months. In no instance should the volume of waste being stored in your structure exceed Elevation 'see lagoon staff gauges. Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in detennining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: This NUP reflects wettable acres and is written for travelers and aerways. This NUP reflects the use of on farm records for the years of 19W2001. The accompanying sheets provide the data for the use of these records_ The total PAN produced was increased 10% to give the grower some room to work in case of a bad vear These farms use a hard hose traveler and dry_ hydrants stern and aerwas+ system for irrigation. The method of nutrient removal is through grazing, havincl, and row crams. A 25% N reduction was taken on all laird that ii grazed. This farm is in the process of converting all row crop land into bermuda and fescue pastures for cattle grazing. All PAN allowances reflect the 25% arazing reduction. Some of the Bermuda will be sodgged in the spring of 2007 and harvested —by either haying or grazing. Fescue will be harvested_ by_haring o_ r grazing. - Please see amendment for more information on the fescue fields. NUP Page4 �� M�- MllWASTE�UTI�fZATION�PLAN---t,:�- �� �. 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 and agreement for use of adequate land on which 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. S Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. NUP Pages REQUIRED SPECIFICATIONS (continued) 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. 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 no 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 wetlands provided they have been approved as a land application site by prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge 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 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. NUP Page 6 18 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. 19 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 is should only be applied preplant with no further applications of animal waste during the crop season. 20 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 markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 21 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. 22 Dead animals will be disposed of in a manner that meets North Carolina regulations. NUP Page 7 ' ti� WAST_LE UTILIZATION PLAN` WASTE UTILIZATION PLAN AGREEMENT Name of Farm: Mag III, DM Section 4 Site 1.4, Section 3 Site4-5 Owner/ Manager Agreement (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 Division of Environment Management (DEM) 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 DEM upon request. Name of Facility Owner: DM Farms of Rose Hill LLC. (please print) Signature: Date: Name of Manager (If different from owner): D vid Hulbert Signature: Date: i z Name of Technical Specialist: (please print): Kevin Pope Affiliation: Murphy Family Ventures, LLC Address (Agency): P.O. Box 1139 Wallace, NC 28466 Signature: 4Date: /1-21-fro NUP Page 8 Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Tvne Per Acre Utilized Aoolication Sect4 39-47 Torhunta Annual Ryegrass 90 34.3 3.087 Sep - Apr IDS c 4 '� "^3947 r� n wat' I az 3;Wa -: Sect4 39-47 Toorrhhu�nnttaa Millet 160 34.3 5,48E Apr - Se 15Q 1b� to:.Ox TOTAL 34.3 8575.0 Reels 42.7 10675.0 Aerway This amendment is an addition to the existing waste utilization plan. The fields listed above are to be planted in fescue in the fall of 2007. Until this time, the above crops will be utilized along with the stated PAN rates. These rates are adjusted to the 25% grazing reduction rule. Harvest will be through grazing. Technical Specialist: Kevin Date: II-Zr-o& Amendment WTI 0 "WASTE�UT LIZATIONP . NAMENDMENT: Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Twe Per Acre Utilized Application MAG III 13-20 Blanton Cover crop 15 41.8 627 Oct -Mar r:.MAG 111 ' `� 313-2E) BlBrrt0rl ti0ltBr " ^ 151W N: P' 57' .� "t :: 855I > Od_Mars� Sect4 21-23 Blanton Cover crop 15 12.7 191 Oct -Mar `Sac1.4 .. ' `" 21 23;;. '. Ar9laritaa�. v :t o+ier. S,' WW WW250*"V,%,%375� 'U- Ort#* ! Sect 4 30a-36 Autryville Cover crop 15 32.7 491 Oct -Mar ASW41V k ~30a9`38 f V..� " t^.over" " : ' 115 ._ 'q$'T* WeAu6ii. t. Oc't-Iaz.c Sect 4 63-76 Autryville Cover crop 15 61.4 921 Oct -Mar Si 4 Q' :s97tj-W • I ' I Cover, t5i ' 62.0 A VVItAgab:Oci4wl- Sect 4 84-93 Autryville Cover crop 15 39.9 599 Oct -Mar V Sact?4' ...�, ...v84 93 . *1 WAV 'y e. 4tCdri+er ...`� ff M1511111 M30.922 :V&W4892 W f_0 t-A ar Sect 4 95a-97b Autryville Cover crop 15 21.0 315 Oct -Mar Sec�°4� ' ;95a=9itf; ' "- Cover" 13�i: i:4 =336O-Mares TOTAL 209.5 3142.5 Reels 252.8 3792.0 Aerway This amendment is an addition to the existing waste utilization plan. The fields listed above will be planted in bermuda in the spring of 2007. Until that time, the fields will be planted in a cover crop in order to give the facility more available PAN for the fall and winter months. This amendment is valid until May 2007. The allowed rate for the cover crop is 30 lbs./acre. However, the cover crop will be following soybeans, and therefore, the rate has been reduced to 15 lb/acre to account for the residual nitrogen left by the soybeans. Technical Specialist: Kevin Po Date: /-1--0 Amendment 1-1-07 Explanation for Waste Plan Revision Facility Name: Mag III, DM Section 4, Sites 1-4, DM Section 3, Sites 4-5 Facility Permit No.: NPDES NCA231015 In compliance with our NPDES permit, Section 1, Part 3, Paragraph 1, the following is an explanation of changes made to the Waste Utilization Plan for the facility listed above. The WUP has been changed to reflect changes made in the crops that are grown for the effluent to be applied to. The following fields have been changed from row crop rotation to a Bermuda and small grain rotation or into a millet rotation. The fields that have been changed are as follows: Risers 37-38 Bermuda/small grain Risers 39-62 Millet Risers 77-83 Bermuda/small grain Riser 94 Bermuda/small grain Risers 98a-99b Bermuda/small grain Riser 100a-100b Bermuda/Small grain Cattle is also being introduced into this facility_ Therefore, the millet listed above and the Bermuda on Risers 24-29b have had the required 25% reduction in N removed. The field listed as Aerway 94 has had an acreage increase. This field will now consist of 34.90 acres instead of the previous 7 acres. This is due to the farm purchasing and clearing land that is adjacent to that sprayfield. The fields that are remaining in row crop will be a Soybean/Wheat rotation. If there are any questions or concerns about these changes, please feel free to call me at 910-289-7298 ext. 203. Sincerely, Kevin Pope Technical Specialist Murphy Family Ventures LLC Enc. kp P 0 Box 1139 Wallace NC 28466 777`7 ` � J . ` - =;La'__ TE UTILIZATION�-,PLAN PRODUCER: Mag III, DM Section 4 Site 1-4, Section 3 Sites 4-5 Facility #31-15 LOCATION: Waycross, Duplin County TELEPHONE: (910) 285-1357 TYPE OPERATION: Farrow - Finish NUMBER OF ANIMALS: 53,320 4,400 Farrow -Wean; 48,520 Feeder - Finish; 400 Wean - Feeder The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where 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. 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. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. NUP Page 1 WASTE=UTILIZATIONk:PCAW } Amount of Waste Produced Per Year (gallons, ft, tons etc.) 4,400 6.1 48,520 animals X 1.9 (tons) waste/animal/year = 400 0.42 Amount of Plant Available Nitrogen (PAN) Produced Per Year 75,205 *Ibs. PAN/year. / 53,320 animals / 26,840.0 92,188.0 (amt.) waste/year. 168.0 119,196 TONS 1.4 lbs. PANlanimallyear * The above PAN was calculated using on farm records. The records are available for review. 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 and surface application: Table 1: ACRES OWNED BY PRODUCER See NUP Page 2a *This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N. must be based on realistic yield expectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. NUP Page 2 =,-- C1 AT: Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of 9 No. Type Per Acre Utilized Application MAG III I I Blanton Bermuda 211 3.0 633 Mar-w MAG III I I Blanton Sawl Grain 50 3,0 150 Oct -mar Ew-MM-MIMP dL Beam =",a w- 4:20 1%M*Xam' eAt jff�wftiiwn *1 '*aHIM W--41M, &K&FK210 MAG 111 2.4 Blanton Bermuda _IWWU 211 10.1 2.131 hw-liep MAG 111 24 Blanton Small Grain . 50 10.1 505 Oct -mar -ZMAWm-*14�BlpAldt ra Z2"-% lr4UZS�4 WeMLOM; 9WO 13, rvWAWw-W2-4KM #U9KMiw-d-M"W PAIA.0f:L �rft' n&06(.J-MM MAG 111 5 thru 7 Norfolk Bermuda 296 13.0 3.80 M-Sep MAG 111 5 thru 7 Norfolk Smell Grain. 50. 13.0 650 Oct -mar MAG 111 8 ftu 12 Blanton Bermuda 211 20.8 4,389 Mar-sep MAG III B ffiru 12 Ramon Small Gran 50 20.8 1.040 Oct -Mar Z-i Enr-(Q� OL Re 'MWIA! 6WACffW542= Wf6"MbRcih'M =Siw19iiftW W50WA W44,0K MW.992.2W 040046-MM MAG 111 13-20 Blanton 81 41.8 3,386 - ��42 15 Waa!!�M- wcfn � Sect4 21-23 Blanton sayb- 81 12.7 1.029 Apr - 15 M$i&4166� W 10011% 025.00 TVA ",2,05 SeC14 24-29b Stanton Bermuda 170 51.7 1 8.789 Mar-sel) ct4 24-29b Blanton Small Grain 50 51-7 2,585 Oct -Mar 7XIMIS 180 =Mw4Wp=- IrSO-CM2 RAW74 MAM M Sectil 3Da-36 100 32.7 3.270 Apr - SM 15 F SRO%, MAmiiiWIllSe" &Wpfj- ..._ --RIWS Wf4&SM-DE�eM�1 Sec14 37-311 AutrMle Bermuda 259 7.2 1.937 Mar -Sep Sect5 37-38 AutMg! Small Grain 50 7.2 360 Oct -Mar Sad4 39-47 Torh" Mine) razed - 1w 34.3 5.488 Apr - Sep 15 VtCM I Wp_r. 3q;qM MfMTatWm-WM W&MWt;W=- OIL Ill 609.W42 7AP, AW -4, I 4 48-62 TOAurdaMet(a 160 70.9 11,344Ar -S15 'X300ar ZLIMMVXSW-� . Sectat 63-76 Avt 100 61.4 _ L40 6.1 r 2515 vaffse'= 3&4p-. ,M 4 77-80b Autryville Bermuda 269 26L? 7.048 Mar - Sao 4 77-80b Aut"Ie Small Grain 50 26.2 1.310 OcWff &K;l 4 81 M 83 Goldsboro Bermuda 296 15.1 .4.470 Mar -Sep 4 81 ftu 83 Goldsboro Small Grain 50 15.1 1 755 Oct -mar _Sed 'k Wasmiw4w i-42119* Sad 84A3 Ile 100 39.9 3.990 15 IWUA,4r qfo4ii�-"8�1ST Sect 4 94 Menton Bermuda 211 4.0 a" mar-sep Sect 4 94 Blanton Small Grain 50 40 200 Oct -Mar 3-fiavoiawk . -- - -M A Wfift-490- Sed 4 95a-97b Autrydle Saybews 100 21.0 2.100 Sep 15 h:`AwkijyiBtfi7Q 7� v-1iVQ"2" Sect 4 98-99b AblryvMe Bermuda 269 11.4 3,057 mar -Sep Sect 4 98-9% Autr^ae Small Grain 50 11.4 570 Oct -Mar Sict A 10418t A 7� AWvvft--"i9( ?J 4 �3�naffGrsjn--M 'woa-Mirkv Sect 4 1003-11)(3b Tookoltal Bermuda 222 1 8.2 1.820 Mar -Sep Sect 4 1 00a-1 DOb Torhunta Small Grain 50 82 410 Ocl-Mar TOTAL 485.4 652.1 89,805 Reels 113,980 Aerway NUP Page 2a. Rotation 1 - .WASTE;UTILIZATION PLAN` "'• Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land [see Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. TVDe Per Acre Utilized ADDlication Johnson 1 Goldsboro Bermuda 2221 24.00 5328 Mar -Se Johnson 2 Blanton Bermuda 160 16.00 2560 Mar -Se Johnson 1-2 Small Grain 50 40,00 2000 Oct -Mar ` See footnote for Table 1. iotai I 4U.00 I_ 9,t58H.t10 I Totals from above Tables Reels Ae rway Acres Lbs. N Acres Lbs. N Utilized Utilized Table 1 485.4 90,036.60 661.2 118,906.60 Table 2 40.00 9,888.00 Total 485.4 90,036.60 701.2 128,794.60 Amount of N Produced 75,205.00 75,205.00 Surplus or Deficit 14,831.60 (53,589.60 NOTE: 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 nutrient or other elements. NUP Page 3 Rotation 1 ,a.r , �*�,..�~��,;��.a���� ,^tea:.}WA5TE_UiILIZAiIDN PLAN_.it_....x�...•``��:.:. See attached map showing the fields to he used for the utilization of waste water. Application of waste by Irrigation Field Soil Type Crop Application Application No Rate IIrWWW Amount (In.1 1 thru 4 Blanton Bermuda(Small Grain 0.75 1 5 thru 7 Norfolk Bermuda/Smal Grain 0.5 1 8 thru 12 Blanton Bermuda/Smal Grain 0.75 1 13 ihru 20 Blanton Soybeans 0.75 1 21 thru 23 Blanton Soybeans 0.75 1 24 thru 29b Blanton Bermuda/Small Grain 0.75 1 30a thru 36 Atfiryville Soybeans and Bermudalsmall grain 0.6 1 39 thru 62 Torhunta Millet 0.45 1 63 thru 80b Autryville Soybeans and Bermudalsmall grain 0.6 1 01 thru 83 Goldsboro Bermuda/Small Gram 0.5 1 B4 thru 99b Autryvift Bermuda/Small Grain and Soybeans 0.6 1 100a thru 100b Torhunta Bermuda/Small Grain 0.45 1 Johnson 1 Goldsboro BermudalSmall Grain 0.5 1 Johnson 2 Blanton BermucialSmall Grain 0.75 1 THIS TABLE IS NOT NEEDED IF WASTE is NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. 7 Lagoons Your facility is designed for _180,days of temporary storage and the temporary storage must be removed on the average of once every 6_Mon1hs. In no instance should the volume of viaste heine stored in your structure exceed Elevation 'see lagoon staff gauges. Cali the local Natuiai Resources Conservation Service (formerly Sou Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: This NUP reflects wettable acres and is written for travelers and aerways. This NUP reflects the use of on farm records for the years of 1999-2001. The accompanying sheets provide the data for the use of these records. The total PAN produced was increased 10% to give the grower some room to work in case of a bad year. These farms use a hard hose traveler and d drantssternand aerway, system for imigation. The method of nutrient removal is throw h grazinil. having, and row crops. A 25% N reduction was taken on all land that is yazed. This farm is in the process of converting all row crop, land_ Into_bermuda and fescue for grazing. All new coastal fields established this year (2Dp61 will have their nutrients removedbyllaying an_d next yearf20071, they wilt become graeng fields. The 25% reduction In N wiff be deducted and the WUP revised prior to this event. The fields that are row. crops_. this year (200E) will become berm_uda and/or fescue fields this fall (2006) or next spring (2007). The WUP will be revisedPrior to this event. NUP Page4 -� --�—z 'b' ,� ::WASTE UTILIZATIONPLAN.; 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 and agreement for use of adequate land on which to properly dispose of waste, he/she shall provide a copy of an agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per year providing grass filter strips are installed where runoff leaves the field. (See FOTG Standard 393 - Filter Strip). 5 Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" for guidance.) 7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control odor or flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. NUP Pages ASTER UTI L` .r: 7,. IZATION PLANY ';q. f __ r3 a _ :, ` '; -J!.. REQUIRED SPECIFICATIONS (continued) 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. 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 no 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 wetlands provided they have been approved as a land application site by prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge 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 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. NUP Page 6 r '`j WASTEcUTILIZA 41T N PL N' g 18 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. 19 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 is should only be applied preplant with no further applications of animal waste during the crop season. 20 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 markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 21 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. 22 Dead animals will be disposed of in a manner that meets North Carolina regulations. NUP Page 7 s =}MASTE�UTILIZAT OI N PLANS WASTE UTILIZATION PLAN AGREEMENT Name of Farm: Mag III, DM Section 4 Site 1-4, Section 3 Site4-5 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 Division of Environment Management (DEM) 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 DEM upon request. Name of Facility Owner: DM Farms of Rose Hill LLC. (please print) Signature: \ '`-�1 Date: Name of Manager (If different from owner): David Hulbert Signature:_ ----mac Date: Name of Technical Specialist: (please print) : Kevin Pope Affiliation: Murphy Family Ventures, LLC Address (Agency): P.O. Box 1139 Wallace, NC 28466 Signature: Date: NUP Page 8 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 August 4, 2006 Kevin Pope Murphy Family Ventures, LLC P. O. Box 1139 Wallace, NC 28466 Subject: Sludge Survey Testing Dates Certificate of Coverage No. NCA231015 Lagoon: DM 4-4 Duplin County Dear Mr. Pope: The Division of Water Quality (Division) received your sludge survey information on May.24, 2006. With your results, you requested that a sludge survey for lagoon DM 4-4 not be required until 2007. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until 2007. The results of the 2007 sludge survey are to be submitted with the Annual Certification Form that will be due on March 1, 2008. Thank you for your attention to this matter. if you have any questions, please call me at (919) 715-6185. Sincerely, Dennis G. Lund Environmental Engineer cc: Wilmington Regional Office, Aquifer Protection Section Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwateraualitv.ore Location: 2728 Capital Boulevard An Equal Opportun4/Affrmative Action Employer— 50% Recycled1100,fi Post Consumer Paper No Carolina Naturally 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 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 August 4, 2006 Kevin Pope Murphy Family Ventures, LLC P. O. Box 1139 Wallace, NC 28466 Subject: Sludge Survey Testing Dates Certificate of Coverage No. NCA231015 Lagoon: DM 4-3 Duplin County Dear Mr. Pope: The Division of Water Quality (Division) received your sludge survey information on May 24, 2006. With your results, you requested that a sludge survey for lagoon DM 4-3 not be required until 2007. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until 2007. The results of the 2007 sludge survey are to be submitted with the Annual Certification Form that will be due on March 1, 2008. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6185. Sincerely, 1-"' 9-- - -%I Dennis G. Lund Environmental Engineer cc: Wilmington Regional Office, Aquifer Protection Sectionj� Central Hes Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwateraualitv.or%t Location: 2729 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Telephone: Fax 1: Fax 2: Customer Service: T%eo ` Carolina J1 w"a!!y (919)733-3221 (919)715-0588 (919)715-6048 (877) 623-6748 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 August 4, 2006 Kevin Pope Murphy Family Ventures, LLC P. O. Box 1139 Wallace, NC 28466 Subject: Sludge Survey Testing Dates Certificate of Coverage No. NCA231015 Lagoon: Mag 3 Duplin County Dear Mr. Pope: The Division of Water Quality (Division) received your sludge survey information on May 24, 2006. With your results, you requested that a sludge survey for lagoon Mag 3 not be required until 2007. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until 2007. The results of the 2007 sludge survey are to be submitted with the Annual Certification Form that will be due on March 1, 2008. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6185. Sincerely, Dennis . Lund Environmental Engineer cc: Wilmington Regional Office, Aquifer Protection Section�� Central Files Pvv Aquifer Protection Section 1636 Mail Service Center Intemet: www.ncwateraualitv.ore Location: 2728 Capital Boulevard An Equal OpportunitylAffimmative Action Employer— 50% Recyded110% Post Consumer Paper No"` Carolina Naturlilly Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0598 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 DM Farms of Rose Hill LLC. PO Box 1087 Rose Hill, NC 28458 January9, 2004 RE: NOD for Facility # 31-15 Rids Shiver NCDENR, Division of Water Quality Wilmington Regional Office 127 Cardinal Dr. Ext. Wilmington, NC 28405-3845 Dear Rids Shiver: This letter is in response to the Notice of Deficiency dated December 18, 2003 for facility No. 31-15 located in Duplin County. We at DM Farms, strive to keep all of our farms in compliance with all applicable laws. During the first six months of this year, we had far greater than average rainfall. DM Farms went into the winter of 2002 and spring of 2003 with our lagoons at, or nearly at, stop pump. In the year 2001, we received 21 inches of rain for the months of January.— June. For the same time period in 2002, we received 18 inches of rain. For the same time period this year, we received 30 inches of rain, which was 10.5 inches more than the average of the prior two years. We were in telephone contact with your office and notified you as required. We sent the required paper work as instructed by your inspectors. We irrigated the waste on the spray -fields as conditions allowed and lowered our lagoon levels to the required minimums. We feel that our actions were appropriate and responsible given the conditions we faced. As for steps to prevent this in the future, we will continue to maintain our lagoons at the lowest possible level during each season. We hope this will answer any questions you may have regarding the situations as well as plans to prevent this in the future. If you have any further questions, please do not hesitate to call me at 910-289-7364 ext. 202 or you may page me at 910-296-5086. Respectfully, Q� A.J. Linton LNM Specialist DM Farms of Rose Hill �O f �J�i,ti�]�9p Michael F. Easley, Governor `O C William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director p -C Division of Water Duality DM Farms of Rose Hill LLC Atten: A.J. Linton PO Box 1087 Rose Hill, NC 28458 December 18, 2003 Subject: Notice of Deficiency Inadequate Freeboard Mag III, DM Section 4 Sites 1-4, Section 3 Sites 4-5 Facility # 31-15 Duplin County Dear DM Farms of Rose Hill LLC: Thank you for your submittal of the information requested in our letter dated June 6, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Wilmington Regional Office. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration, of the information submitted, the Wilmington Regional Office has determined that a Notice of Deficiency is appropriate. The Wilmington Regional Office is not recommending any further enforcement actions to be taken by the Division for the inadequate freeboard. Since no written response was submitted with the requested information, please submit a written response describing any actions taken or proposed to be taken to insure that freeboard levels are maintained in the required range. Due to the holiday season, the response should be sent within 30 days of receipt of this letter. Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Wilmington Regional Office at 910-395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor CC: Kraig Westerbeek, Murphy -Brown, LLC Billy Houston, Duplin County Soil and Water Conservation District Patrick Fussell, DSWC %Wibnington:Files 31=l,5 Non -Discharge Compliance and Enforcement Unit* Central Files CpEI Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity 1 Affirmative Action Employer 50% recycled 1 10% post -consumer paper http://h2o.enr.state.ne.us PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACI Facility Number: 31-15 County: Duplin Facility Name: Ma 3,Section4, Sites 3-4&3-5 Certified Operator Name: Alfred Linton Operator Number: 18625 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/lD Spillway(Y or N): Level(inches): Lagoon Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 Lagoon 6 Lagoon 7 Mag3 4-1 4-2 4-3 4-4 3-4 3-5 no no no no no no no 15 12 11 12 12 8 8 2. Check all applicable items XXXXXX Liquid level is within the designed structural freeboard elevations of one or more structures Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. XXXXXX Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Bolume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAW MP. Operation will be partially or fully depopulated. 'Attach a complete schedule with corresponding animal units and dates fro depopulation 'if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 7/16/03 I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. �<k%A A >r-1 V� I,� T 1 Phone: 9! 0' Z ^ Z 1 l Facility wner/Manager (print) ` Date: 21 0 3 Facility Owner/Manager (signature) LY PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): 3-4 2. Current liquid volume in structural freeboard a. current liquid level according to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) _ d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallonslft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design g. volume of waste produced according to structural design h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 8.0 inches 12.0 inches 4.0 inches 225625 ftZ 562558 gallons 180 days 261105.9 ft3 261106 ft3 ft3 156128.5 ft3 86692 gallons 649250 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2121100 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD 1. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): 1 3-5 2. Current liquid volume in structural freeboard a. current liquid level according to marker b. designed Structural freeboard zone (Normally 12 inches or greater) c. line b - line a (inches within structural freeboard) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c112 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design g. volume of waste produced according to structural design h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + tine k = 8.0 inches 12.0 inches 4.0 inches . 225400 ft2 561997 gallons 180 days 26110.9 ft3 26111 ft3 ft3 15353:3 ft3 37326 gallons 599323 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2/21/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES FIVE (5) DAY DRAW DOWN PERIOD I. TOTAL VOLUME TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): = 4-2 2. Current liquid volume in structural freeboard a. current liquid level according -to marker b. designed structural freeboard zone (Normally 12 inches or greater) c. line b -line a (inches within structural freeboard) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design g. volume of waste produced according to structural design h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 5 days/line f = 4. Total volume of waste to be land applied during 5 day draw down I. total volume to be land applied line e + line k = 11.0 inches 12.0 inches 1.0 inches 207500 ft2 129342 gallons 180 days 261105.9 ft 3 261106 W ®ft3 14529s:7 ft3 84441 gallons 213783 gallons REPEAT SECTION 1 FOR EACH WASTE STRUCTURE ON SITE WITH A LIQUID LEVEL WITHIN THE STRUCTURAL FREEBOARD ELEVATIONS. (Click on the next Structure tab shown below) PoA (5 Day) 2/21/00 II. TOTAL VOLUME OF WASTE STORED WITHIN STRUCTURAL FREEBOARD ELEVATIONS FOR ALL WASTE STRUCTURES FOR FACILITY 1. structure ID: 3-4 line I = 649250 gallons 2. structure ID: 3-5 line I = 599323 gallons 3. structure ID: 4-2 line I = 213783 gallons 4. structure ID: line I = gallons 5. structure ID: line I = gallons 6. structure ID: line I = gallons n.lines I+2+3+4+6+6= o. line n / 27154 = 1462357 gallons 53.85 acre -inches III. TOTAL ACRES AVAILABLE TO RECEIVE WASTE DURING 5 DAY DRAW DOWN PERIOD'.2 'While this section deals with hydraulic loading capacities, applications cannot exceed agronomic rate for receiving crop according to its certified waste plan. 2Fields with no remaining PAN balance, no receiving crop, and/or completely saturated are not considered available to receive waste. p. tract # q_ field # r. soil type s. crop t. acres u. remaining IRR-2 PAN balance (Iblacre) v. maximum application rate (in/hr) w. maximum application amount (inches) 1:12 Blanton bermuda 46.90 184 0.75 1 24:29b Blanton bermuda 51.70 110 0.75 1 30:36 Autryville millet 32.70 207 0.6 1 37:38 Autryvilie millet 7.20 215 0.6 1 39:47 Torhunta millet 34.30 215 0.45 1 63:76 Autryville millet 61.40 243 0.6 1 77:80b Aut ills millet 26.20 250 0.6 1 81:83 Goldsboro millet 16.10 275 0.5 1 94`.99b Autryville millet 36.40 174 0.6 1 x. total acres available during 5 day draw down (sum of column t) = 311.90 acres IV. FACILITY'S PoA OVERALL HYDRAULIC LOAD TO BE LAND APPLIED PER ACRE y� line o - 0.17 inches per acre to be applied within 5 days PoA (5 Day) 2/Z 7MT line x If unable to land apply hydraulic load listed in line y, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new hydraulic load based on new information. Plan to land apply hydraulic load: 1. Describe moisture conditions of fields? (e.g. Is there water standing in field; does irrigation equipment mar down in field; "tratficabili " across soils; will soils absorb application without runott etc. We ar currently applying on the bermuda land. The bermuda land is taking the waste very well. We are using a semi injection system to apply the waste. The millet fields are to wet at this time. I would expect to be able to apply on them within the week. 2. Date and amount of last rainfall event? - DATE: 1 07/15/03 AMOUNT: 1.00 inches 3. Dates f last waste apr)lication event e field: 1:12 6125/03 77:80b wheat 24:29b 6/11/03 81:83 wheat 30:36 6/25/03 94:99b 6/26/03 37:38 wheat 39:47 wheat 63:76 6/25/03 4. Given optimum soil and weather conditions, is irrigation equipment capable of applying the volume in line "n" at appropriate seasonal i.e. winter application rates within 5 days? yes 5. Irrigation schedule for next 5 days - include daily schedule; proposed application rates and amounts per irrigation event; changes made in gun sizes, nozzles, "o" rings, operating time, travel speed, etc. to meet proposed changes in application rates and amounts; and any other intormation for consideration. We are currently running three aerway crews twelve hours per day. We are flowing between 600 and 1000913m per aerway. We are applying the max application of one inch per day and are utilizing all our pan as we go. PoA (5 Day) 2/21100 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID): Ma 3 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 15.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 248530 ftZ e. line c112 x line d x 7.48 gallons/ft3 619668 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 423994 ft3 h. current herd # 4000 certified herd # 4000 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 7/2103 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 423994 ft3 ft3 144975.8 ft3 709316 gallons 2.50 Ibs11000 gal. 3322.5 lbs. PAN PoA (30 Day) 2/21/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Namelldentifer (ID): 4-1 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker I 12.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 7.0 inches d. top of dike surface area according to design (area at below structural freeboard. elevation) i88000 ft2 e. line c/12 x line d x 7.48 gallons/ft3 820307 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 261740 ft3 h. current herd # 79201 certified herd #1 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 7/2103 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 261740 ft3 ft3 iQ9667 ft3 463021 gallons 3.10 Ibs/1000 gal. 3978.3 lbs. PAN PoA (30 Day) 2/21/00 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure N a m e/ldentifier (ID): 4-2 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 11.Q inches 19.0 inches 8.0 inches 207500 ft2 1034733 gallons 180 days g. volume of waste produced according to structural design 2fi1105.9 ft3 h. current herd # 7920 certified herd # 792Q actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 7/2/03 m. ((lines e + k)/1000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 261106 ft3 Oft3 145296.7 ft3 506649 gallons 3.00 lbs/1000 gal. 4624.1 lbs. PAN PoA (30 Day) 2/21100 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure NamelIdentifer (ID): 4-3 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 12.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 7.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 211500 f e. line c/12 x line d x 7.48 gallons/ft3 922845 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 263084 ft3 h. current herd # F 7920 certified herd #1 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 712/03 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 263084 ft3 0Ift3 138390 ft3 500504 gallons 2.70 Ibs/1000 gal. 3843.0 lbs. PAN PoA (30 Day) 2/21100 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): 4-4 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker 12.0 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b -fine a (inches in red zone) = 7.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 189100 ft2 e. line c/12 x lined x 7.48 gallonslft3 825106 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 261105.9 ft3 h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # 1. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 7/2103 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 261106 ft3 Oft3 1346 3 6781 ft3 493359 gallons 3.50 Ibs11000 gal. 4614.6 lbs. PAN PoA (30 Day) 2/21/00 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): F 3-4 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker 8.0 inches b. designed 25 yr.124 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 11.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 267648.8 ft2 e. line c112 x line d x 7.48 gallons/ft3 1835179 gallons 3. Projected volume of waste liquid produced during draw down period If. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 261105.9 ft3 h. current herd # 7920 certified herd # 7920 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 7/2103 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 261106 W �ft3 156128.5 ft3 520152 gallons 3.00 [bs/1000 gal. 7066.0 lbs. PAN PaA (30 Day) 2/21/00 PLAN OF ACTION (POA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure NamelIdentifier (ID): 3-5 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr./24 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e, line c/12 x line d x 7.48 gallons/ft3 3. Projected volume of waste liquid produced during draw down period 8.0 inches 19.0 inches 11.0 inches 263200 ft2 1804675 gallons f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 261105.9 ft3 h. current herd # 7920 certified herd #1 7920 actual waste produced = current nerd # x line g certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period I. current waste analysis dated 1 7/2/03 m. ((lines e + k)11000) x line I = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) 261106 ft3 ft3 L 15�3533J3 ft3 516917 gallons 2.70 Ibs/1000 gal. 6268.3 lbs. PAN PoA (30 Day) 2/21100 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANDIOR 25 YRJ24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Mag3 line m = 3322.5 lb PAN 2. Structure ID: 4-1 line m = 3978.3 lb PAN 3. Structure ID: 4-2 line m = 4624.1 lb PAN 4. Structure ID: 4-3 line m = 3843.0 lb PAN 5. Structure ID: 4-4 line m = 4614.6 lb PAN 6. Structure ID: 3-4 line m = 7066.0 lb PAN 7. Structure ID: 3-5 line m = 6268.3 lb PAN n. lines 1 + 2 + 3 + 4 + 5 + 6 = 33716.9 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR 2 PAN balance (iblacre) L TOTAL PAN BALANCE FOR FIELD (Ibs.) column r x s u. application window' 1:12 bermuda 46.90 184 8629.6 Mar -Se 24:29b bermuda 51.70 1 10i 5687.0 Mar -Se 30:36 millet 32.70 207 6768.9 Mar -Sep 37:38 millet 7.20 215 1548.0 Mar -Sep 39:47 millet 34.30 215 7374.5 Mar -Sep 63:76 millet 61.40 243 14920.2 Mar -Sep 77:80b millet 26.20 250 6550.0 Mar -Sep 81:83 millet 16.10 275 4152.5 Mar -Sep 94:99b millet 36.40 174 6333.6 Mar -Sep 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sum of column t) = 61964.3 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 33716.9 lb. PAN x. Crop's remaining PAN balance (line v from section III) = 61964.3 lb. PAN y. Overall PAN balance (w - x) = -28247 lb. PAN PoA (30 Day) 2/21/00 Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the IIrrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. PoA (30 Day) 2/21/00 r r Maim rn r, .j- ,"✓ ru Postage $ .33 ni --I- Certified Fee I �D rrl Retum Receipt Fee i L rU (Endorsement Required) /- R Restrictetl Delivery Fee Q (£ndorsement Required) Q © Total Postage & Fees $ d lye i►@\(Please PrintfJoarfy) (to be completed bypa Q Street, No.; or POPNo. -x--------- o c;ry, zra+a ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. s Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /Y1r- � � L,•,r�f� i WIC , r;V45oatmark f Here y. .o 0� -------------------- ----------------------- A Received by (Please Print Cleanly) I B. Date of Delivery /-/�--ev C. D. Is delivery address dI ferent from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type / ertified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise V u ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes j 2. Article Number (Copy from service label) 7646 PS Form 3811. July 1999 Domestic Retum Receipt 102595-00-M-0952 M"_ State of North Carolina Department of Environment ffl0.x;W'J and Natural Resources Wilmington Regional Office _' 92Y James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens, Director NORTH CAROLINA DF3ARTMENT OF - ENVIRaNMrrr AND NATURAL REsouFzt "_.Es Division of Water Quality November 13, 2000 CERTIFIED MAIL # 7000_M60234229=837-7� RETURN RECEIPT REQUESTED Mr. AJ Linton DM Farms of -Rose Hill, LLC P.D. Box 1076 Rose Hill, NC 28458 Subject: Notice of Deficiency Mag 3, Section 4 Sites 1-4, Section 3 Sites 4-5 Facility Number: 31-15 Dupiin County Dear Mr. Linton: This is to notify DM Farms, who holds a non -discharge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0200 and North Carolina G.S. 143215.1, of deficiencies of Animal Waste Permit AWS 310015. On November 6, 2000,1 inspected your animal operation and the animal waste management system serving this operation. The following deficiencies were noted during the inspection: 1. Inadequate Lagoon Markers During the inspection it was observed that the lagoon markers are inadequate at all sites except Mag 3 and Section 4-1 lagoons. The other 5lagoons do not have the correct minimum freeboard requirement indicated. These lagoons have requirements greaterthan 19 inches according to the lagoon designs. Section 3-5 has a correctly delineated marker, but it needs to be straightened and the old style marker removed. Please note that your General Permit and certified animal waste management plan require correct markers. Each marker should be straight, allow liquid level reading down to the stop pumping level, accurately portray the liquid level, and have the required freeboard and the stop pumping level to be clearly delineated. Please note each markershould be lagoon specific based upon the lagoon design and all lagoons at the complex should be checked for compliance and corrected if necessary. 127 North Cardinal Dr., Wilmington, North Carolina 29405 i elephone 910-39"900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycied110% post -consumer paper Mr. Ai Linton November 13, 2000 Page 2 2. No Operator -in -Charge Prior to or during the inspection it was noted that DWQ has no record of an Operator -in -Charge (OIC) listed for your facility. Each facility is required to have an actively licensed OIC designated. Please complete the enclosed form and mail to the address indicated within 15 days of your receipt of this notice. Back-up OIC designees can be listed on the same form or on another copy of the form, but please indicate name identified is the back-up operator. To correct;these deficiencies, please submit a detailed Plan of Action to the Wilmington Regional Office of the Division of Water Quality that describes the actions to be taken to address these deficiencies of Animal Waste Permit AWS 310015. The proposed writteri plan of action must be received by this office within fifteen (15) working days of the receipt of this notice. Upon approval and implementation of the plan, you must notify this office when the corrective actions are complete. Contact your Service Company, county Soil & Water district office, or county extension office for any assistance they may be able to provide. If the deficiencies are not corrected, the Division of Water Quality may issue a Notice of Violation and pursue additional actions including civil penalties, injunctive relief, or revocation of your Animal Waste Permit AWS 310008 and 310014. If you have any questions concerning this matter please do not hesitate to contact either Mr. Stonewall Mathis or myself at (910) 395-3900. Sincerely, Dean Hunkele Environmental Specialist cc: Billy Houston, Duplin County Soil and Water Conservation Kraig Westerbeek, Murphy Farms DWQ Non -Discharge Compliance/Enforcement Unit �lQ�Wiirn;ingte�at�F�les�31=1"3' S:IWQSIANIMALSIDUPLIN12000131-15 DM Farms NOD.wpd State of Not"th Carolina Department of Environment, k74* Health and Natural Resource ipECEI jE Division of Water Quality James B. Hunt, Jr., Governor Jug 2 ,9� E H N F1 Jonathan B. Howes, Secretary B�'— - __ --- A. Preston Howard, Jr., P.E., Director June 26,1997 MEMORANDUM TO: Wilmington Regional Water Quality Supervisor FROM: Sue Homewood SUBJECT: - Notification of Facility Number Change The following changes have been made to the Animal Operations Database. Please make appropriate changes in your files. Facility numbers 31-15, 31-21, 31-687 and 31-775 were combined into one facility; facility number 31-15. Facility numbers 31-21, 31-687 and 31-775 were deleted from the animal operations database. If you have any comments or questions please feel free to call me at (919) 733-5083 ext 502. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919-715-6048 . An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 1 P. O. Box 1076 Rose Hill, NC 28458 November 27, 2000 Mr. Dean Hunkele NCDENR 127 North Cardinal Drive Wilmington, NC 28405 Dear Mr. Hunkele, =E1 31-15 This letter is in response to your notice of deficiency dated November 13, 2000, 1 would like to inform you of our plan of action to address the deficiencies noted at Mag 3, Section 4 sites 1-4, Section 3 sites 4-5. 1) Inadequate Lagoon Markers During the inspection it was noted that the lagoon markers at all sites except Mag 3 and 4-1 did not have the correct minimum freeboard marked. The stakes were marked based on one foot of freeboard and 7.5 inches of 25 year-24 hour rainfall. We were unaware of the difference in that mark and the start pump elevation. We are currently evaluating each lagoon design and will install a lagoon marker, which will reflect the correct freeboard. 2) No Operator -In -Charge I was under the impression that there was an OIC designated for each of our facilities. I was not aware of a problem until our conversation. On November 9, 2000 I sent an Operator -In -Charge Designation form for each of our facilities to Ms. Beth Buffington. I hope that the actions planned and those already taken will correct the deficiencies noted. If you have any questions or comments concerning this matter please do not hesitate to contact me at 910- 289-7364. Sincerely, a K.J. Linton Environmental Manager c.c. Rick Shiver Notification of Change of Ownership Animal N aste Management Facilitv (Please type or print all information that does not require a signalure) In accordance wish the requirements of 1_5A NCAC 2H .0217(a)(1)(H)(xii) this form is official notification to the Diyisior, of 1Vater Qualiiv (DWQ) of the transfer of ownership of an animal Waste Manaryement Facilitv. This form must be submitted to DXVQ no later than 00 days following the transfer of ownership. General Information: �amc of Farm: q S � q - I-q 52G�tt)v1 Si } e.S `4-�Faci ity No: r.3_!�_� Previous Owncr(s) Name: Phone No: New• Owners) Narrit: I 1�c, c tv�_S C� OS �- ." L L -Phone No:cyle%� Maiiine address: `• 0, O c,L ; 3H 12 earn! Location.: Latitude and Lon-itude: 3�L Lg I County: Piease attach a copy of a couoty road map with location identified and describe below (Be specific: road names. directions. milepost. cic.): 5 �' e Cc Tom• ��) � S%7 e e Ooeration hescriDtion: TT�Pc. of wiite A'o. of Animals Y W can to Feeder 4'100 Y�-­e eder to Finish -161 S—uo arrow• to Wean .D Farroxv to Feeder _ D Farrow to Finish D Gilts f Boars Type of Poulin_ • No, of Animals D Laver J Non -Laver Type of Beef No. of Animals D Brood J Feeders D Slockers Other Type of Livestock: Typc of Dain• D Milking D Dry D Heifers J Calves No. of Animals Number ofAninals: Acreage Available for Application: Required Acreage: ��fo Number of Lagoons / Storage Ponds : Total Capacity:L$101251 Cuhic Feet (ft3) Owner 1 Manager Agreement T (we) verify that al] the above information is correct and will be. updated upon changing*. I (we) understand the operation � d maintenance procedures established in the approved animal waste management plan for the farm named above and wll implement these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and storzze system or construction of new facilities will require 2 new certification to be submitted to the DWQ before the new animals::: stocked. 1 (we) urderstand that there must be no discharee of animal waste from the storage or application system to surfa_�_ waicrs of the state either directly through a man-made conveyance or from a storm event less severe than the 25-vear. 2=-ha_- storm and there musl not be run-off from the application of animal waste. I (we) understand that run-off of pollutants frc-: iounRing and heavy use areas must be minimized using technical standards developed by the Natural Resources Conservatic:: Service. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District. 1 (v,'2 j know trial any modification must be approved by a technical specialist and submitted to the Soil and Water Conservatic-71 Dis',rict prior to implementation. A change in land ownership requires written notification to DWQ or a new certificatior:.:= [hc aonro%•ed plan is changed ! within 60 days of a title t-ansfe:. ' r ?Fame of New Land Owner : DM Fe, r � 5 D F � o� � H , � r! L LG iiL,nature: Date: Name of Manager 61 different from oowner):. �A 7 �_.►j O Signature: ��/Lt �^� Date: Pica -se sign and return this form to: NC Division of Water Quality Non -Discharge Compliance S Enforcement unit 1617 'fail Service Center Raleigh. NC 27699-1617 .Iulr 1S. 2100! Murphy Family Farms FARM -DIRECTIONS 3/9/98 MAGNOLIA 3 aL,J County: DUPLIN Type/Capacity- Finishing / 1000 BPCS Farm #: 2359 Manager Name JEFF RUSS Take USl 17N to caution light in Magnolia (intersection with NC903)- Turn left on NC903S and go 0.8 mile and turn right on SRI 104 (Beasley Road). Go 2.6 miles to stop sign, turn left (still SRI 104 - Beasley Road) and go 2.0 miles to farm entrance on right. ( TT = 20 min.: TO = 12 miles) MAGNOLIA 4 Take USI 17N to first stoplight in Rose Hill. Turn left onto SRI 102 (Brice's .SbL,-j Store Road) and go 5.5 mile to Brice's Store. Bear right onto SRI 101 [Cornwallis Road] and go 1.8 miles to stop sign (at Concord Church) at County: SAMPSON intersection with NC903. Turn left onto NC903S and go 0.9 mile and turn Type/Capacity: Finishing / 2000 right onto SRI 120 (Hall's Pond Road). Go 3.2 miles to Waycross and turn BPCS Farm #- 2362 left onto SRI 945 [Trinity Church Road). Go 1.4 miles to first crossroads Manager Name VICTOR POPE and turn right onto SR1944 (Merritt Road)- Go 0.9 mile to farm entrance on left. (TT = 17 min.; ID = 12 miles) MAGNOLIA GILT NURSERY 2 Take US 117 N to Magnolia: turn left at caution light: cross RR tracks and turn right. onto SR 1 1 14 (isaham Fredrick Rd)[NOTE: Isaham Frederick Rd. is to tight and N. Academy St. is to your left], go 2.0 miles to farm County: DUPLIN complex entrance on left, Follow signs to Nursery (TT=13 min.: 1D=10 Type/Capacity: Nursery / 800 miles) BPCS Farm #: 2355 Manager Name LANCE TURNER MAGNOLIA GILT NURSERY 3 Same as Gilt Finisher 3- County: DUPLIN Type/Capacity: Nursery / 400 BPCS Form 9: 2358 Manager Name JEFF RUSS MAGNOLIA GILT NURSERY 4 Some as Magnolia Gilt Finisher 4, County: SAMPSON Type/Capacity: Nursery / 800 BPCS Farm #: 236 ) Manager Name VICTOR POPE MAGNOLIA SOW l Fake US 117 N to Magnolia: turn left at caution light: cross RR tracks and turn right. onto SR 11 14 (Isahorn Fredrick Rd)[NOTF Isaham Frederick P ', is to right and N. Academy St. is to your left], go 1.8 rnites to farm County: DUPLINis entrance on left: Follow signs to Soto (TT- 12 min.: TD=9 miles) Type/Capacity: SOW / 3575 BPCS Farm #: 2353 Manager T lorne R/•NDY MOHN Any correclium conlact Lisp Eft 45B4 'aqe 9:; {:) :vaned 3y; L7iana r' Murphy Family Farms FARM DIRECTIONS 3/9/98 DM FARMS SECTION 2 SITE 5 Take US 17N to the first stoplight in Rose Hill and turn left on SR W2 (Brice's Store Road). Go 4.8 miles to Brice's Store and bear right on SRI 101 (Cornwallis Road). Go 1.5 miles and turn right on SRI Ili (Anna County: DUPLIN White Road), Go 0.3 mile to stop sign and turn right on NC903N. Go 0.5 Type/Capacity: Finishing / 7920 mile and bear left on SRI 1 19 (Gold Pond Road). Go 0.5 mile to stop Sig.-, BPCS Farm #: 3166 and turn left on SIR 1 17 (Bonham Road). Go 0-6 mile, where SRI 117 lures Manager Name PHILLIP BRINSON right, but go straight onto dirt SRI 118 (Waycross Road). Go 1.8 miles to farm entrance on left. fTT = 20 min.: ICJ = I I miles) (Houses 425-30: Feed Tank #5527-5538), DM FARMS SECTION 3 SITE 1 Take USI 17N to the first stoplight in Rose Hill and turn left on SRI 102 (Brice's Store Road). Go 4.8 miles to Brice's Store and bear right on SR 1 101 (Cornwallis Road)- Go 1-5 miles and turn right on SR 1 121 (Anna County: DUPLIN White Road). Go 0.3 mile to stop sign and turn right on NC903N. Go 0,5 Type/Capacity: Finishing / 3960 mile and bear left on SRI 119 (Gold Pond Road). Go 0.5 mile to stow sign, BPCS Farm #: 3148 and go straight across. Go 1.5 miles (pavement will end after I I miles, manager Name DARRYLE WELtS to farm entrance on right. (This is the first faun entrance on right.) (TT 20 min., ID = I I miles) (Note:DM3 - sites 1,2 and 3 share same enhance. Site 2 is first houses on right - Houses # 10-14: Teed Tanks #5224-5233. site ' is second houses on right - Houses # 1-3: Feed Tanks #5781-5786, when path forks, bear left to Site 3 - Houses # 4-9: Feed Tanks #5787-5992 �- 521 5223.) DM FARMS SECTION 3 SITE 2 Same as DM Farms Section 3 Site 1. County: DUPLIN Type/Capacity: Finishing / 6600 BPCS Form #: 3149 Manager Name DARRYLE WELLS DM FARMS SECTION 3 SITE 3 County: DUPLIN €ype/Capacity: Finishing / 7920 BPCS Farm #: 3150 Manager Name RAY BESI Some as DM Farms Section 3 Site I . 0 DM FARMS SECTION 3 SITE 4 Take USI17N to the first stoplight in Rose Hill and turn left on SRI 102 (Brice's Sloie Road). Go 4.8 miles to Brice's Store and bear right on SRI 101 (Cornwallis Road). Go I..'i miles and turn right on SRI 121 County: DUPLIN, SRI Road). Go 0.3 mile to slop sign anr_i !Urn right on NC903N. G = 0. lope/Capacity inishina "20 mile rand Dear left on SRI 1 19 (Gold !',�ncl Pond). Go 0.5 mile to s"o > Sig- BPCS Farm #: 3160 and go skoighi across. Go 2.8 wiles jI)r7vFment will end after ].I rv- esi Manager Name ;FORGE F--`:: CK to tarrn entrance on left. (This is fh;== ;=,:C. reef enhance on left.) (it = 'S rein : Ili = 13 miles) (Note: Il)e first !•::,,) hmises are # 15 - 16: Feed i # 5234-52.ii and the next four her; :rs rrrr = i7 20: Feed lane: # 5245). Murphy Family Farms FARM DIRECTIONS 3/9/98 DM FARMS SECTION 3 SITE 5 Take US117N to the first stoplight in Rose Hill and turn left on SRI 102 (Brice's Store Road). Go 4.8 miles to Brice's Store and bear right on SRI 101 (Cornwallis Road)_ Go 1.5 miles and turn right on SRI 121 (Anna County: DUPLIN White Road). Go 0.3 mile to stop sign and turn right on NC903N. Go 0.5 Type/Capacity: Finishing / 7920 mile and bear left on SRI 119 {Gold Pond Road). Go 0.5 mile to slop sign 8PCS Farm #: 3161 and go straight across. Go 2.3 miles (pavement will end offer I . I rniles) Manager Name CHARLES FAULKNER to farm entrance on left. (This is the first farm entrance on left.) (TT = 20 min.; TD = 12 miles) (Note: Houses #21-26; Feed Tank #5246-5255 and # 8024-8025). DM FARMS SECTION 4 SITE 1 Take US117N to the first stoplight in Rose Hill and turn left on SRI 102 (Brice's Store Rood), Go 4.8 miles to Brice's Store and bear right on SRI 101 (Cornwallis Road). Go 1.5 miles and turn Tighl on SRI 121 (Anna County: DUPLIN White Road). Go 0.3 mile to stop sign and turn right on NC903N_ Go 0.5 Type/Capacity: Finishing / 7920 mile and bear left on SRI 1 19 (Gold Pond Road). Go 0.5 mile to stop sign 8PCS Farm #- 3162 and go straight across. Go 3.1 miles (pavemenf will end after I.1 miles) Manager Name CHAD WILKES to farm entrance on right. (This is the fourth farm entrance on right.) (TT 25 min.: TD = 14 miles) (Note: Houses # 1-6: Feed Tank #5513-5524). DM FARMS SECTION 4 SITE 2 Take US117N to the first stoplight in Rose Hill and turn left on SRI 102 f Brice's Store Road), Go 4.8 miles to Brice's Store and bear right on SRI 101 (Cornwallis Road). Go 1.5 miles and turn fight on SRI 121 (Antic] County: DUPLtN White Road). Go 0.3 mile to stop sign and turn right on NC903N. Go 0.5 Type/Capacity: Finishing / 7920 mile and bear left on SRI 119 (Gold Pond Road). Go 0.5 mile to stop sign BPCS Farm #: 3163 and go straight across. Go 2.4 miles (pavement will end after ),I miles) Manager Name MASON BROWrr to farm entrance on right. (This is the second form entrance on right.) (TT = 20 min.; TD = 12 miles) (Note: houses #7-12: Feed Tank #5739-5750). DM FARMS SECTION 4 SITE 3 Take US117N to the first stoplight in Rose Hill and turn left on SRI 102 (Brice's Store Road). Go 4.8 miles to Brice's Store and bear right on SRI 101 (Cornwallis Road). Go 1.5 miles and turn right on SR1 121 (Anna County: DUPLIN White Road). Go 0.3 mile to stop sign and turn right on NC903N. Go 0.5 Type/Capacity: Finishing / 7920 mile and bear left on SRI 1 t 9 (Gold Pond Road). Go 0.5 mile to stop sign BPCS Farm it: 3164 and go straight across. Go 2.5 miles (pavement will end after 1,1 miles) Manager Name MICHAEL TAYLOR to form entrance on flight. (This is the third farm entrance on right.) (TT = 20 min.; TD = 12 miles? (Note: Go by end of houses on Site 3 to get to Site 4) (Site 3 - Houses # 13-I8; Feed Tank #5751-5762: Site 4 - Houses # 19- 24; Feed Tanks #5763-5774)_ DM FARMS SECTION 4 SITE 4 Counly DUPLIN Type/Capacity: Finishing / 7920 8PCS Farm #: 3165 Manager Name CLIFTON BALI. Same as DM Forms Section 4 Site 3. - -- - NZ-0 • Q 4°' F off. „ PRODUCER: ' Mag III, DM Section 4 Site 1-4, Section 3 Site4-5 LOCATION., Waycross, Duplin County TELEPHONE: (910)289-7298 TYPE OPERATION: Farrow - Finish NUMBER OF ANIMALS: 53,320 4,400 Farrow -Wean; 48,520 Feeder - Finish; 400 Wean - Feeder The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where 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. 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. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, an& available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result ion runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To raximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems - The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. Page 1 Amount of Waste Produced Per Year (ciaiions, ft. tons. etc. 4,400 6.1 26,840.0 48,520 animals X 1.9 (tons) wastelanimallyear = 92,188.0 (amt.) waste/year. 400 0.42 168.0 119,196 TONS Amount of Plant Available Nitrogen (PAN) Produced Per Year 4,400 5.4 23,760.0 48,520 animals X 2.3 lbs. PAN/animal/year = 111,596.0 lbs. PAN/year. (PAN from N-C. Tech_ 400 0.48 192.0 Guide Std. 633) TOTAL 135,548.0 #PAN I 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 and surface application: Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Acre Utilized Application Total - `This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic Yield expectation. NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 2 Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land (see Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of u I. •e- _ .. w . ff Ivo. 1 ype Per Acre uunzea Hppncation Total - See footnote for Table 1. Totals from above Tables Acres Lbs. N Utilized Table 1 0 - Table 2 566.8 152,148.50 Total 566.8 152,148.50 Amount of N produced a 135,548.00 Surplus or Deficit 16,600.50) NOTE: 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 nutrient or other elements. Page 3 See attached map showing the fields to be used for the utilization of waste water_ Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate (In/Hr) Amount (In.) 1,3,4,5,6,7,8 AuB,BnB iPasture 0.6 .5-1.0 9,10,11,13 14,15,16,17 18 2 NoB Pasture 0.5 0.5 10,12 To Pasture 0.5.5-.75 13 jGoA Pasture 0.5.5-.75 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. * 7 Lagoons Your facility is designed for _180—days of temporary storage and the temporary storage must be removed on the average of once every _6_Months. In no instance should the volume of waste being stored in your structure exceed Elevation 'see lagoon staff gauges. Call the local Natural Resources Conservation Service Iformerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. Narrative of operation: (G) - Grazing (G&H) Grazing and Hay (OS) - Overseeding H - Ha These farms use hardhose traveller and dry hydrant system for irrigation. Page 4 MON 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 and agreement for use of adequate land on which 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.) 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. Page5 REQUIRED SPECIFICATIONS (continued) 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. 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 wither 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 no 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 wetlands provided they have been approved as a land application site by prior converted wetlands provided they have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge 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 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_ Page 6 18 Waste hackling 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. 19 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 is should only be applied perplant with no further applications of animal waste during the crop season. 20 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 markers. A marker will be required to mark the maximum storage volume for waste storage ponds. 21 Waste shall be tested within 69 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. 22 Dead animals will be disposed of in a manner that meets North Carolina regulations. Page 7 WASTE UTILIZATION PLAN AGREEMENT Name of Farm: Mag 111, DM Section 4 Site 1-4, Section 3 Site4-5 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 Division of Environment Management (DEM) 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 iocal Soil and Water Conservation District and will be available for review by DEM upon request. Name of Facility Owner: OM Farms, Inc. (please print) Signature: Date:' r� 1 Name of Manager (If i¢erent #rom owner): _Terry Tate Signature: Date: Name of Technical Specialist: (please print) : Kraig Westerbeek Affiliation: Murphy Family Farms Address (Agency): P_O_ Box 759 Rose Hill, NC 28458 Signature: Date: Page 8 Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of Pulls # No. Type Per Acre Utilized Application MAG III 1 AuB Bermuda (G) 235 7.001 1,645 March - October 35 MAG 111 2 NoB Bermuda (G) 260 31.40 8,164 March - October 36-40 MAG 111 3 BnB Bermuda (G) 200 3.30 660 March - October 41 MAG 111 4 BnB Bermuda (G) 200 10.60 2,120 March - October 31-33 MAG 111 5 BnB, AuB Matua (G&H) 250 47.90 11,975 Sept - June 43-52 1-4 Matua (OS) 150 52.30 7.845 Sept - June Sect4 6 AuB Bermuda (G) 235 48.00 11,280 March - October 91,93.95.97-100 Sect4 6 AuB Matua 150 48.00 7,200 Sept - June Sect4 7 AuI3 Millet 200 32.30 6,460 May - August 86,87,88,90.92,94,96 Sect4 7 AuB Rye 100 32.30 3,230 Sept - April Sect4 8 AuB Gamma (G) 235 35.80 8,413 March - October 214-219,213,421.393-394 Sect4 9 AuB. Gamma (G) 235 10.20 2,397 March - October 363-364 Sec14 10 AuB, To Gamma (G) 235 44,70 10,505 March - October 209-212,360-362.392,395 Sect4 11 jAuB Gamma (G) 235 67.00 15,745 March - October 203,311-314,316-321,398,399 Sect4 12 ITo Matua (G&H) 250 78.00 19,500 Sept - June 196,198-202,204-2013,391 cact4-5 13 jAuB, GoA Millet 200 50.60 10,120 May - August 303-310,384-385,396-397 t4-5 13 jAuB, GoA Rye 100 50.60 5,060 Sept - April Sect4-5 14 AuB Matua (G&H) 255 47.70 12.164 Sept- June 249-256,326,339,340, Sect4-5 15 AuB, BnB Matua (G&H) 255 5-1ol 1,301 Sept -June 257-258 Sect4-5 16 AuB Matua (G&H) 255 22.401 5,712 Sept - June 259-261,341-343 Sect4-5 17 AuB Matua (G&H) 255 14.10 ' 3,596 Sept - June 262-263,345 Sect4-5 18 AuB Matua (G&H) 255 10.70 2,729 Sept - June 389-390 "* OPTIONAL. ** 8,9,10,1'1 Small Grain 50 157.7 7,885 Sept - April TOTAL 566-8 157,819 Page 10 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor IBY. Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director D. Bruce Evans DM Farms Sec 4 Site 1, Site 2, Site 3, Site 4 PO Box 309 Rose Hill NC 28458 Dear D. Bruce Evans: ' LT.NWA 'TVED '41 JUL 18 1997 E H N WL F1 July 16, 1997 Subject: Certificate of Coverage No. AWS310015 DM Farms Sec 4 Site 1, Site 2, Site 3, Site 4 Swine Waste Collection, Treatment, Storage and Application System Dupiin County In accordance with your application received on June 13, 1997, we are forwarding this Certificate of Coverage (COC) to Farm No. 31-15, authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with the State's General Permit (attached). This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the DM Farms Sec 4 Site 1, Site 2, Site 3, Site 4 Farm, located in Duplin County, with an animal capacity of no greater than 31680 Feeder to Finish and the application to a minimum of 252.3 acres of land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until December 31, 2061. 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, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. In accordance with General Statue 143-215.1OC, .Animal Waste Management Plans shall include the following components: - A checklist of odor sources and best management practices to minimize these sources. - A checklist of insect sources and best management practices to minimize these sources. - Provisions set forth for acceptable methods of disposing of mortalities. - Provisions regarding emergency action plans. Your existing Certified Animal Waste Management Plan must include the above elements, by December 31, 1998. Documentation of the certification must be available to inspectors onsite. Submittal of the amended certification statement shall be required upon renewal of your permit coverage in 2001. 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 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. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. This COC is not automatically transferable. A name/ownership change application must be submitted to the DWQ 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 non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the General Permit, please contact J R Joshi at (919) 733-5083 ext. 363. Sincerely, A. Preston Howard, Jr., P.E. cc: (Certificate of Coverage only for all cc's) Duplin County Health Department Wilmington Regional Office, Water Quality Section Duplin County Soil and Water Conservation District Permit File State of North Carolina r. Department of Environme'RECEIVED and Natural Resources Division of Water Quality OCT U 5 1999 Ad James B. Hunt, Jr., Governor L BY' --A qCDENR Bill Holman, Secretary NORTH{ CAROLINA DEPARTMENT OF Kerr T. Stevens, Director ENVIRONMENT ANo NA URAL RESOURCES September 29, 1999 Daniel Rosenburg Terris, PravIik & Millian, LLP 1121 12" Street, N.W. Washington, D.C_ 20005-4632 Subject: Information Request Magnolia Farms Sampson and Duplin County Dear Mr. Rosenburg: This letter is a follow up to our conversation on September 28, 1999. As we have discussed, many of the items you have requested are not kept on file by the North Carolina Division of Water Quality (DWQ) but are available to our staff should we have reason to review the records. I will reply to each of your enumerated questions individually. I have enclosed a copy of the Certificate of Coverage (COC) for swine farms and a copy of the Operator training manual used in North Carolina for your reference. Question # 1. Per your August 9, 1999 letter, this request has been withdrawn. Question # 2. You correctly stated that records of waste applied are required to be kept on site and available for our inspectors. Records are required to be kept for a period of three years. (See enclosed COC Section 111 Number 5). Question # 3. Documentation of lagoon Nutrient content is to be kept on site at facilities that are covered under the North Carolina General Permit for Swine Farms (See enclosed COC Section III Numbers 4 & 5). Question # 4. Freeboard levels should be kept on site at facilities that are covered under the North Carolina General Permit for Swine Farms. (See enclosed permit Section III Number 2). Question # 5. Per your August 9, 1999 letter, this request has been withdrawn_ Question # 6. Per your August 9, 1999 letter, this request has been withdrawn. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5093 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper ti t: Question # 7. Records of design of the lagoons should be obtained by contacting the facilities. Question # 8. Same as Question # 7 above. Question # 9. Maps of sprayfields are included as a part of a Certified Animal Waste Management Plan (CAWMP). The CAWMP is required to be on site for review by DWQ inspectors and should be obtained by contacting the individual facilities. Question # i0. I am unclear on what "database" you refer to here. However, the DWQ does not maintain copies of all databases and user manuals in use at all of its regulated facilities. Question # 11. See question 10 above_ Question # 12. "As built" construction drawings should be obtained directly from the facilities. Question # 13. This information should be obtained from each of the individual facilities. Question # 14. Any information regarding soil samples is required to be kept on site in accordance with the enclosed COC Section III Number 3. Question # 15. As I stated over the phone, information on soil sampling techniques as taught in the North Carolina Animal Waste Operator Certification class are found in Chapter 4 of the enclosed Training Manual. Question # 16. Information relating to all of North Carolina's ambient monitoring sites along with a contact for further information can be found on the Internet at http:Hcsb.ehnr.state.nc.tis.'ams.htm. Question # 17. You correctly stated that I am not familiar with any groundwater sampling done at the farms you requested information on. Question # 18. Records documenting volume of wastewater applied to sprayfields are required to be kept on site in accordance with North Carolina's COC for swine farms Section III Number 5. Question # 19. Rainfall records are not re uired to be kept by the facilities. Question # 20. Latitudes and Longitudes for the facilities are as follows: Magnolia 4 Sow Farm, Melvilee I & II, DELL, DM Section l Site 4 (82-77) 34" 52' 10" N 780 12' 40" W Magnolia Sow Farms 1&2 (31-173) 340 54' 54" 780 05' 36" DM Farms - Mag III, Section 4 Sites 1-4, Section 3 Sites 4-5 (31-15) 340 53' 15" 780 07' 53" Question # 21. This information may be obtained from the individual facilities. Question # 22. Any information regarding meter data on pumps should be obtained from the facility. Question # 23. Same as Question # 22 above. Question # 24. Same as Question # 22 and Question # 23 above. Question # 25. Same as Question # 23, 23 and 24 above. Question # 26. Information on efforts to terrace spray fields should be obtained from the facility. Question # 27.Efforts made to control erosion on spray fields should be obtained from the individual facilities.. On a final note, i would suggest that any future information requests be directed to Mr. Jeff Poupart, Supervisor of the Non -Discharge Compliance/Enforcement Unit at the letterhead address. Mr. Poupart heads the unit overseeing compliance of animal waste management facilities. Also, our tiles are open for inspection Monday through Friday from 8:00 am till 5:00 pm. Our staff would be glad to assist you in looking at these files. If you have any further questions please feel free to call Mr. Poupart or a member of his staff at (919) 733-5083. Sincerely, E. Shannon Langley, Supervis Point Source Compliance/Enfbrnent Unit Attachments Cc: Paul Rawls — FRO #Rick-Shiver----W iRO Kathy Cooper — AG's Office Mary Dee Carraway --- AG's Office Coleen Sullins Dennis Ramsey Jeff Poupart — 13"' Floor Judge James C. Fox — P.O. Box 2143 Wilmington, NC 28402 State of North Carolina Department of Environment and Natural Resources j"�` STD ' t'l . Division of Water Quality MAR 0 9 1999 James B. Hunt, Jr., Governor I IiBy: Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 25, 1999 Mr. David Hulbert, Financial Manager DM Farms of Rose Hill P.O. Box 1076 Rose Hill, NC 28458 11 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 3/_!5 1 Subject: Application No. NCO086614 Additional Information Request Animal Waste Management System Duplin County Dear Mr. Hulbert: 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 the following by March 26, 1999: It is stated in the Federal Regulations (40CFR 122.23) that "two or more animal feeding operations under common ownership are considered, for the purposes of these regulations, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes." From information previously supplied to the Division of Water Quality (DWQ), it appears that Melville 1 Farm, Melville 11 Farm, DELL Farm, and DM Section 1 Site 4 Farm all adjoin the Magnolia 4 Sow Farm and are under common ownership. If this information is accurate please correct your NPDES permit application (copy enclosed) to reflect the information for all five farms, and resubmit it to my attention. If our information is not accurate, please submit documentation to show that these farms are not adjacent farms under common ownership. 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. Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request please call me at (919) 733-5083, extension 502. Thant: you for your cooperation. Sincerely, CQ�-,.� Sue Homewood Environmental Engineer Non -Discharge Permitting Unit Cc: .Fayetteville•Regioal--Office`—Water�Quality, Permit File NCO086614 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 ru rn rrl C q -0 r V gm era may U m m� m �i rV do I°- p_ c =Qz � � f L e 1 m m�a z o c r e qq�� t; n CL ci kTi ¢ a 966L Iltd'd *008C Uuod Sd , ----- 32 ■Comete fte+ns t 2 for _-- — -- ---------- ---- -� plSENDER: and/or additional services. �' Complete items 3, 4a, and 4b. I also wish to receive the ■ � en name d addtpss on the reverse of this form afbat we can return this following services (for an. extra tee); - } ■Attach this form to the from of the mailplecend., or on the back if'space does not p ote'Retum m 1. ❑ Addressee's Address ` o Receipt Requested' on the mailpiece below the article number. - ■The Return Recalpt will show to whom the ankle was delivered d the date an 2. ❑Restricted Delivery e delnered' Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number m zzz cc j G 4b. Service Type ❑ Registered rryfi� W AC-U , ❑ Express Mail ❑ Insured .5 ❑ Retum Receipt for Mamhandise ❑ COD L 7. Date of Delivery w 'o S. Received By: (Print Name 8. Addressee's Address (ony if requested and fee is paid) C 6. Signature: (fddhmse Agent) f X , PS Form 3 Zecember 994 102595-97-B-0179 Domestic Return Receipt State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality January 8, 1998 ref -' -,Mail-#-Z 312 648 332 Return Receiut Requested Bruce Evans Magnolia Sow #1/DM Farms Sec. 4 Sites 1-4 Murphy Family Farms 692 Bonham Road Magnolia, NC 28453 Dear Mr. Evans: NCDENR - NORTm CAROLINA DEPARTMENT OF Ei,mRONM£NT AND NATURAL RESOURCES Subject: NOTICES OF DEFICIENCY Magnolia Sow #1/DM Farms Sec. 4 Sites 1-4 Facility Numbers: 31-15/31-174 Duplin County On October 23 and 24, 1997, staff from the Wilmington Regional Office of the Division of Soil and Water Conservation inspected Magnolia Sow #1 and DM Farms Sec. 4 Sites 1-4. During the inspections, records indicated that nitrogen had been over applied on spray fields at both of these facilities. Actions should be taken immediately to ensure that irrigation records are accurately kept and that waste is never applied to fields in excess of those limits established by the Certified Animal Waste Management Plans. During the inspections, it was also observed that three of the five lagoons serving these facilities had less than 19 inches of available freeboard. While no discharge of waste was observed to waters of the state at the time of inspection, any rainfall event could likely result in the discharge of waste from these lagoons. The level of your lagoons should be lowered immediately and maintained in accordance with the NRCS guidelines and the state 2H .0200 rules governing animal waste management systems. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910,350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Bruce Evans January 8, 1998 Page 2 - - - - USDA-NRCS guidelines require a minimurn-of one foot and seven inches of freeboard. This is based on the amount of storage space needed to contain a 25-year, 24 hour design storm event without a discharge. NRCS requirements also specify that animal waste shall be applied on actively growing crops and that 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. To remain a deemed permitted facility, all corrective actions must be made within fourteen (14) days. Failure to do so may result in these facilities losing their current permitted status, requiring them to obtain an individual non discharge permit. Please be aware it is a violation of North Carolina General Statutes to discharge waste water to the surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. When the corrective actions are complete, please notify this office in writing at the address below. If you have any questions concerning this matter, please call Andy Helminger, Dave Holsinger, or Brian Wrenn at 910-395-3900. Sincerely, Andrew G. Helminger Environmental Specialist cc: Harold Jones, Duplin County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Garth Boyd, Murphy Family Farms Operations Branch w�ilmingto— Files S. I WQS44NVDYA 131-8. DF2 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director May 14, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED DM Farms DM Farms Sec 4 Site 3 PO Box 1976 _ Rose Hill NC 28458 Faun Number: 31-15 Dear DM Farms: A7410 r � �T I) E H N F=1 You are hereby notified that DM Farms Sec 4 Site 3, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has thirt (y 30) days 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 thirty (30) 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 Permits and Engineering Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any question concerning this letter, please call J R Joshi at (919) 733-5083 extension 363 or Dave Holsinger with the Wilmington Regional Office at (910) 395-3900. Sincerely, 00, A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Wilmington Regional Office (w/o encl.) 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/ 100% post -consumer paper 4 ti Stat6 of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary November 12, 1996 DM Farms DM Farms Sec 4 Site 3 PO Box 1976 Rose Hill NC 28458 SUBJECT: Operator In Charge Designation Facility: DM Farms Sec 4 Site 3 Facility ID#: 31-15 Duplin County Dear Farm Owner: 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 9191733-0026. Sincerely, Preston Howard, Jr., P.E. rector Division of Water Quality Enclosure cc: Wilmington Regional Office Water Quality Files P.O. Box 27687, I;*C FAX 919-715-3060 Raleigh, North Carolina 27611-7687 An Equal opportunity/Affirmative Action Employer Voice 919-715-4100 5046 recycled/ 10% post -consumer paper Site Requires Immediate Attention: Facility No. DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: -7' Ao , 1995 Time:- l : 15_. Farm Name/Owner: !� ��✓�% Mailing Address: 6u,Y -75 County 107 S ed _ 4 9 VC_ Z Integrator: A46cahq Fz►-n., 5 Phone: , Z3'1- Z I j On Site Representative: 13roc e. G7V"'?4'7S Phone: _ Z S�! - 7 Physical Address/Location: 2f 3Z G� c� PO4 Rcl 1 W11. 5i2 1104- �t 52 ! I / ` _ Type of Operation: Swine t,� - Poultry , Cattle ? Frl'7r Design Capacity: ::Ic17 C' _ Number of Animals on Site: . :1 4 -W DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude:•_° _' ` " Longitude: �° �� ' %J((0" , Elevation: Feet Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Yes o N �l(7�2 Actual Freeboard: Ft. I Inches • Was any seepage observed from the lagoon(s)? Yes or N�o Was any erosion observed? e or No y� Is adequate land available for spray? es r No Is the cover crop adequate? Yes o N RW1 bo5e Crop(s) being utilized: Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Yes or No 100 Feet from Wells? Yes or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes o i o Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes o No Is animal waste discharge4 into waters of the state by man-made ditch, flushing system, or other similar man-made devices? " Yes o No If Yes, Please Explain. t Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acre Additional Comments: Al ew_ F2c,i [j � - 4'w►os. o with cover crop)? Yes r No >y5o on Cor Sh-we-5 -5nme 4 ee'- 5r re C Sfe. u 2. 14We- r7crf sDrzw ed u-oJ' ' Li,��2 L Inspector Name Signature cc: Facility Assessment Unit Use Attachments if Needed. ANIMAL WASTE MANAGEMENT PLAN CERTIFICATION FOR NEW OR EXPANDED FEEDLOTS Please return the completed form to the Division of Environmental Management at the address on the reverse side of this form. !Name of farm (Please print): DM Farms Section 4. Site 4 [NSW FAR=- , Address: PO Box 309 Magnolia, NC 28453 _ Phone No.: County: Duplin _ Farm location: Latitude and Longitude: 34 ° 53' 267 78' OT 30' (required). Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.): Swine Design capacity (number of animals): 7920 Feeder to Finish Average size of operation (12 month population avg.): 7920 Average acreage needed for land application of waste (acres): 63 _ Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, I certify that the new or expanded animal waste management system as installed for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation pursuant to 15A NCAC 2H .0217 and 15A NCAC 6F .0001,0005. The following elements and their corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds; waste storage capacity; adequate quantity and amount of land for waste utilization (or use of third party); access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25-year, 24-hour storm. Name of Technical Specialist (Please print): M. Kevin Weston Affiliation: Murphy Family Farms Inc Address (Agency): P. O. Box 759 Rose Hill, NC 28458 T _ Phone No. (910) 269-2111 Signature: �% s�-�c.Cr� _ _ Date: /d Owner/Manager Agreement I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any additional 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. 1 (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either through a man- made conveyance or through runoff from a storm event less severe than the 25-year, 24-hour storm. The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District, Name of Land Qwner (Please Print; Signature: Name of Manager, if different from owner (Please Print): Signature: Date: Note: A change in land ownership requires notification or a new certification (if the approved plan is changed) to be submitted to the Division of Environmental Management within 60 days of a title transfer. DEM USE ONLY: ACNEW# N(M53,91" 31- Q000 ,,,,(131] )A L4CA.$ ,]v !w 14 yl L241 f 56 L]_•9 �+ %IJ C j 3x / !AAR c� 1 t ] WAR.5AW 1 �- v aLLU • 1 J', LL121. 117f _ a J'*'b u2 , 17k1 t . uiLai Lka LM •w.lu a uss LM im 1w C—k .Mtf wrebrooY py{lin LLLA J) ? LIN it of la mp.4 lA C, l.s L 13 U./ Iwl ' ,m L17J. LM an � Railed y ] ti�f� ,L l fir.. 13 `k 40 Lin Lm KEliAtLSNLLE 1m ki 3 '!L � 1T� � r. /! �� �] • MaL Ina ] !pl L!!1 >• �S n ttL L� +�1! �. � • � � .] sa � 1IFL r + LLD! Lcu Lin umn ,I Wri11QM � fi1 ' 79 \ !K 11J 1T11 4 S LAY Sy t� J 1 im ..,. Ltu im } r � us y }y,1 xs+ Ltu Ul ML IL A+� uu LLB w� ul I! • -iw iim LM . v i ` ' lam LM UIL y t5- vui LLi! 7 .-�, ♦ 1 r �' J w J Rog lug- I� I.r 1 \\ l9a LM {)\I LSD I� A * LM 7 09 _ y , rti l>!LILLO 4 1S1L 1Ll _ Lin l lal LiA., � ' 1� 13 r 4 LL.0 [ 161' Gad: la - �y 2m ' 1 sii D. � RJ1L un ? 6 •I tm LW �:� lA, LLK lul I lr la lEft im Ltm ♦ Lae I, w 21 im na um E + 105 91 ]!n k191 .- LM 11 IS e9 N 1 41 > A N G O L A L Ai IL log ... r ' e rtA MU ,, P Y FAMILY FARMS October 16, 1995 Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section, Planning Branch P. O_ Box 29535 Raliegh, NC 27626-0535 Attn: Mr. Steve Tedder, Chief RE: DM Farms Section 4, Site 4 - Swine Facility Certification Duplin County, NC Dear Mr. Tedder: QUALITY sECTIOP4 P40V 0 6 1995 Enclosed is the certification form for the above referenced swine farm. By this letter, the Owner certifies that the following crops will be planted or sprigged within 180 days of the stocking date of the farm. Stocking Date:_ io/z fZ 9r _Barley ✓ Rye /Bermuda Grass (Graze/Hay/Pasture) _Small Grain (Graze/Hay) Corn (Grain/Silage) _Sorghum Cotton _Wheat _Fescue (Graze/Hay/Pasture) Oats �Other(Explain) 5,, ,s Gd••a ,AC"ss r M^Tuff�Iu:s The lagoon effluent will be applied to the crops listed above by _Center Pivot Irrigation (Installed/Not Installed) Solid Set Irrigation (Installed/Not Installed) ✓Traveling Gun/Reel Irrigation (O__ ned/Not Owned) _Third Party Applicator Other (Explain) Name of Technical Specialist: M. Kevin Weston Signature: 31-, _.Date: /d%io�9f Name of Land Owner. DM Farms Signature: Date: cc: DM Farms Kim Patram, Murphy Family Farms Construction Department Post Office Box 759, -R.ose Hill, North Carolina 28458, (910) 289-2111; FAX (910) 289-6400 CEIVED nvironmental Chemists, Inc. & C 2 9 199PAnAG ADDRESS: TELEPHONE: SHIPPING ADDRESS: CONSULTING P.C. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way CHEMISTS BY: Wri tsville Beach, (910) 392-0273 (Lab) Wilmington, olina 29480 (910) 392-4424 (Fax) North Carolina 28405 REPORT OF ANALYSIS Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 Date Sampled: 12/11/97 Sampled By: David Holsinger Report To: Rick Shiver Copy To: Davit} Holsinger SEEP : `3 1 - 1 'S Date of Report: Purchase Order #: Report Number: December 19, 1997 7-3646 PARAMETER DM Sec.4 # 9591 Fecal Col form, colonies/100ml < l0 Reviewed approved for release to the client. ENVIRONMENTAL CHEMISTS, INC 6602 windmill way ® Wilmington, NC 28405 Sample Collection and Chain of Custody Phone: (910) 392-0223 ` FAX: (910) 3924244 Camnla'lbna• inflaiant l finant Wall �troom Gil nkharf C'S 5.9) SAMPLE IDENTEFICATION COLLECTION BOTTLE I0) LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME NONE E680, I HNO M011 TIM OTHER mac-4 /5, 30 mow[ G 1 Maximum Holding Time Between Collection and Analysis: BOD 48 Hours, Collform in Wastewater ours, Collform in Drinking Water 30 Hours, Transfer Relinquished By: Date/Time Received By: Date/Time 1 2 Received ce ter C ill o 4°C: Yes No Delivered By: Received I Comments: cted: 7Ime: �_ CONSUL Date Sampled: Sampled By: Report To: Copy To: SEEPAGE: Environmental Chemists, Inc. EIv ®9 C 1997 14AHING ADDRESS. TELEPHONE: SHIPPING ADDRESS: P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way Wrightsville Beach, (910) 392-OM (Lab) Wilmington, orth Carolina 28480 (910) 392-4424 (Fax) North Carolina 28405 NCDEHNR - DWQ Certificate No. 94 REPORT OF ANALYSIS Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 12/05/97 Dave Holsinger Rick Shiver Dave Holsinger Date of Report: Purchase Order #: Report Number: December 19, 1997 7-3557 PARAMETER Sample ID 31-15 1F DM 44 31-15 IN DM 44 Lab ID # 9326 # 9327 Fecal Coliform, colonies/100m1 Lab Accident - Nitrate + Nitrite Nitrogen, NO3 + N% - N mg1L 0.09 Ammonia Nitrogen, NH3-N, mg/L _ 23.9 Total Kejeldahl Nitrogen, TKN mg/L 25.6 Total Phosphorus, P mg/L 0.04 Eenviroche m Ramnla'hna- inilnant_ ENVIRONMENTAL CHEMISTS, INC Sample Collection and Chain of Custody nanf_ Wall_ Cfraam_ 9AL Arlfhare\� 6602 Windmill Way Wilmington, NC 28405 Phone: (910) 392-0223 FAX: (910) 392-4244 SAMPLE IDENTIFICATION COLLECTION BOTTLE ID LAB ID PRESERVATION ANALYSIS REQUESTED DATE TIME NONE E6SO. HNO NBOH TRIO OTHER. 3 -!S 1 � �Ma� ��'%S «:D� 31-15'1� � � ✓ 1 ce.. Fecal co ' n� :SI-I5 IN Q 3-rS1tii Maximum Holding Time Between Collection and Analysis: BOD fljbam Coliform in Wastewater 6 Ha r91 , Coliform in Drinking Water 30 Hours, Transfer Relinquished By.- Date/Time Received By: Date/Time 1 2 Received with Ice Water Chilled to 4'C: Yes Delivered y: Comments: ✓ No A c pt d: Rejected: Received By: Date: >,q 15-14�1 Time: 9 ; d0 Environmental Chemists, Inc. ® MAILING ADDRESS: TELEPHONE: SHIPPING ADDRESS: CONSULTING P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way CHEMISTS Wrightsville Beach, (910) 392-= (Lab) Wilmington, North Carolina 28480 (910) 392-4424 (Fax) North Carolina 28405 Date Sampled: Sampled By: Report To: Copy To: SEEPAGE: NCDEHNR - DWQ Certificate No. 94 REPORT OF ANALYSIS IRV• Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 12/05/97 Dave Holsinger Rick Shiver Dave Holsinger Date of Report: Purchase Order #: Report Number: DEC 2 9 1997 December 19, 1997 7-3557 PARAMETER Sample ID 31-15 IF DM 44 31-15 I N DM 44 Lab ID # 9326 # 9327 Fecai Coliform, colonies/ 100mi Lab Accident - Nitrate + Nitrite Nitrogen, NO, + NO2 - N mg/L - 0.09 Ammonia Nitrogen, NH3-N, mg/L - 23.9 Total Kejeldahl Nitrogen, TKN mg/L - 25.6 Phosphorus, P mg/L - 0.04 ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way envirocheiW® Wilmington, NC 28405 Sample Collection and Chain of Custody Phone: (910) 392-0223 FAX: (910) 392-4244 Samle 1VDe: Influent. Well. Stream. Soil_ �flthe�:1 �P�r SAMPLE COLLECTION BOTTLE LAB PRESERVATION ANALYSIS REQUESTED IDENTIFICATION DATE TIME ID ID NONE 0 HNO NaOH TRIO OTHER 3 -15 1 F ►'M�'� 'z/5 s I�f:r�� 31-�s'1F C 2 (r ✓ I e.e F�co l co - r� 3ti-15 �.N Q �zIT 1�f�CiS 3-rs1�J �1.�3 � � ✓ I �e- Nc,�: Maximum Holding Time Between Collection and Analysis: BOD 4LHQUM Coliform in Wastewater 6 Hours, Coliform in Drinking Water &JjQw, Transfer Relinquished By: Date/Time Received By: Datefflme 1 2 Received with ce Water Chilled to 4°C: Yes ✓ No A4 c pted: Reiected: Delivered y: Received By: Date: c''. : Time: mm Co ants. Samle 1VDe: Influent. Well. Stream. Soil_ �flthe�:1 �P�r SAMPLE COLLECTION BOTTLE LAB PRESERVATION ANALYSIS REQUESTED IDENTIFICATION DATE TIME ID ID NONE 0 HNO NaOH TRIO OTHER 3 -15 1 F ►'M�'� 'z/5 s I�f:r�� 31-�s'1F C 2 (r ✓ I e.e F�co l co - r� 3ti-15 �.N Q �zIT 1�f�CiS 3-rs1�J �1.�3 � � ✓ I �e- Nc,�: Maximum Holding Time Between Collection and Analysis: BOD 4LHQUM Coliform in Wastewater 6 Hours, Coliform in Drinking Water &JjQw, Transfer Relinquished By: Date/Time Received By: Datefflme 1 2 Received with ce Water Chilled to 4°C: Yes ✓ No A4 c pted: Reiected: Delivered y: Received By: Date: c''. : Time: mm Co ants. Received with ce Water Chilled to 4°C: Yes ✓ No A4 c pted: Reiected: Delivered y: Received By: Date: c''. : Time: mm Co ants. Environmental Chemists, Inc. MAILING ADDRESS: TTU"HONE: SHIPPING ADDRESS: P.O. Box 1037 (910) 256-3934 (Office) 6602 Windmill Way CONSULTING Wrightsville Beach, (910) 392-OM (Lab) Wilmington, CHEMISTS North Carolina 28480 (910) 392-4424 (Fax) North Carolina 28405 Date Sampled: Sampled By: Report To: Copy To: SEEP : REPORT OF ANALYSIS Customer: NCDEHNR-DWQ 127 N. Cardinal Drive Ext. Wilmington, NC 28405 12/ 11/97 David Holsinger Rick Shiver David Holsinger 7.ECEIVED DEC 2 9 1997 BY: Date of Report: Purchase Order #: Report Number: December 19, 1997 7-3646 PARAMETER DM Sec.4 # 9591 Fecal Col form, colonies/100ml < 10 Reviewed approved for release to the client. ENVIRONMENTAL CHEMISTS, INC 6602 Windmill Way ® . IWilmington, NC 28405 Sample Collection and Chain of Custody Phone: (910) 392-0223 FAX: (910) 3924244 "5 Re1wrt No: Other: SAMPLE COLLECTION BOTTLE LAB PRESERVATION ANALYSIS REQUESTED IDENTIFICATION DATE TIME ID ID NONE E650, HN MOH TWO OTHER C,q I c�r�L Maximum Holding Time Between Collection and Analysis: BOD 48 Hours. Coliform in Wastewater fiHgM, Coliform in Drinking Water 30 Hours, Transfer Relinquished By: DateMme Received By: Date/Time 1 2 Received wi ce ter C�il/led o 4°C: Yes �-� No Accepted: Re,e� :fed: Delivered By: °`� Received y: Date: l l Time: Comments:... 1 State of North Carolina Department of Environment, Health, and Natural Resources WAmington Regional office James B. Hunt, Jr. Division of Water Quality Wayne McDevitt Governor Water Quality Section Secretary October 13, 1997 MEMORANDUM TO: Dave Holsinger, Environmental Engineer Wilmington Regional Office FROM: Andrew G. Heiminger, Environmental Specialist ,3Q--- Wilmington Regional Office SUBJECT: List of Animal Facilities Requiring Follow Up Inspection by Engineer Several facilities that I have inspected require a follow up visit by an engineer to assess potential threats to water quality. These facilities include: M&S Britt Farms (31-641) - On 6/5/97, a possible seep was observed along the toe of the lagoon. The operator was instructed to have this area investigated further for evidence of a seep. DM Farms Sec 4 Site 1, 2, 3, and 4 (31-15) - On 8/14/97, a small seep was observed at outer toe of lagoon #4. Operator was instructed to have this area examined (by a P.E.) to determine if seep is groundwater, lagoon waste, or both. David Williams Farm (31-394) - On 9/23/97, it was observed that Mr. Williams had installed an irrigation line which nms from his lap across Beaverdam Creek to his spray field. This line apparently sits on the surface of the creek. cc: Rick Shiver, Water Quality Supervisor, Wilmington Regional Office Dave Holsinger, Environmental Engineer, Wilmington Regional Office Brian Wrenn, Environmental Specialist, Wilmington Regional Office Wilmington Files S AWQs\AW DYAIFOLLowUP.MEM 127 Cardinal Drive. Extension, Wilmington, PLC. 28405-3845 0 Telephone 910-395-3900 0 Fax 910.350-2o04 An Equal Opportunity Affirmative Action Employer 1 State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Wayne McDevitt Governor Water Quality Section Secretary October 13, 1997 AIMORANDUM TO: Dave Holsinger, Environmental Engineer Wilmington Regional Office FROM: Andrew G. Helminger, Environmental Specialist A�4— Wilmington Regional Office SUBJECT: List of Animal Facilities Requiring Follow Up Inspection by Engineer Several facilities that 1 have inspected require a follow up visit by an engineer to assess potential threats to water quality. These facilities include: M&S Britt Farms (31-641) - On 615/97, a possible seep was observed along the toe of the lagoon. The operator was instructed to have this area investigated further for evidence of a seep. DM Farms Sec 4 Site 1, 2, 3, and 4 (31-15) - On 8/14/97, a small seep was observed at outer toe of lagoon #4. Operator was instructed to have this area examined (by a P.E.) to determine if seep is groundwater, lagoon waste, or both. David Williams Farm (31-384) - On 9/23197, it was observed that Mr. Williams had installed an irrigation line which Hans from his lag oon across Beaverdam Creek to his spray field. This line apparently sits on the surface of the creek. cc: Rick Shiver, Water Quality Supervisor, Wilmington Regional Office Dave Holsinger, Environmental Engineer, Wilmington Regional Office Brian Wrenn, Environmental Specialist, Wilmington Regional Office Wilmington Files S:lwQS\ANDYATOLLOWiJP.MEM 127 Cardinal Drive Extemina, Wilmington, N.C_ 2 QS-3945 a Teiephone 910-395-3900 0 Fax 910-350-2004 An Equal Oppornmity Aff motive Action Employer G9a &64 • Magnolia, N.C. 28453 ( q(U ,I-f9- 7o1� RECEIVED AUG 2 9 10- AO 4 CdAlle"-O J--S (u 31�eJ aJ Y1, 1,4600A) 4fjo �je- w r (t Revise, Or- A '4 4, ,a1 ,7�kJ ,a14J . L A i4 NN 5, �66L s C1 m o m Y 55 m rL o j off° a s66t IPdV .0085 tuao� Sd J SENDER* ■ Complete Items 7 and/or 2 for adddfar>al serviCea. - I also wish to receive the a ■ Complete Items 3. &.` ma, and 46 ■Prim yore name and%Wress on the reverse of this form so that we can return we following services (for an extra tee): I • card to you. ■ Attach this form to the front of the maifpiegs, or an the back if space does not 1. ❑ Addressee's Address t m parrrdt. ■write Retum Receipt Requestad' on the rtrarlpiece below the arMs number. 2. ❑ Restricted Delivery Gp N I, 5 t ■The Retum Receipt wW show to whom the article was delivered and the date delivered. Consult postmaster for.fee. c c 3. Article Addressed to:' 4a. Artlde Number �SIZl�� Y� E� 4b. Service Type ❑ Registered rtiiied � (� c ❑ Express Mali ❑ insured ❑ Rehlm Reoeipt for Merott udw ❑ COD cc L 7. Date of Delivery 5. Received By: (Print Name) 8. Addressee's Address (Only 9 requested c and tee is paid) [[ �0 6. Signature: (Addrqwstp orAg 4 0 X m PS Form 3811, December 1994 1025as-97-a-017g Domestic Retum Receipt State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Wayne McDevitt Governor Secretary August 18, 1997 CC&--tifed-Maik# Z 312 639 851 Retuim Receipt Request Bruce Evans DM Farms Sec 4 Site 1-4 Murphy Family Farms 692 Bonham Road Magnolia, NC 28453 Dear Mr. Evans: Subject: NOTICE OF DEFICIENCY DM Farms Sec 4 Site 1-4 Facility Number: 31-15 Duplin County On August 14, 1997, staff from the Wilmington Regional Office of the Division of Water Quality inspected your animal operation and the lagoons serving this operation. It was observed that erosion on the inner wall of the lagoon #4 could eventually threaten the integrity of the structure. All erosion cuts on the wall must be filled and all bare areas revegetated. In addition, it was observed that you are growing crops in your spray fields which are not part of your certified plan. Your plan must be modified to reflect the changes in crop cover on these fields. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions will be taken to comply with your certified animal waste management plan. Failure to do so may result in the.facilky being required to obtain an individual non discharge permit. Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. 127 Cardinal Drive Extension, Wilmington, N.C. 2WS-3945 a Telephone 910 395-3900 a Fax 910-350.2o04 An Equal Opportunity Affirmative Action Employer Bruce Evans August IS, 1997 Page 2 If you have any questions concerning this matter, please call Andy Heirn nger, David Holsinger, or Brian Wrenn at 910-395-3900. . Sincerely, Andrew G. Heminger Environmental Specialist - cc: Harold Jones, Duplin County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Garth Boyd, Murphy Family Farms Operations Branch Wilmington -Files S. IWQSL4MYAL31-1 S.DEF unRo State of North Carolina Department of Environment, Health and Natural Division of Water Quality Non -Discharge Permit Application Form / Survey JUL 1 8 1997 (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit - Liquid Animal Waste Opera The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed by the Division, please complete as ,best as possible. Do not leave any question unanswered. Application Date: 4_JAYVe 97 I. 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. Applicants Initials 1. One completed and signed original and one copy of the application for General Permit -Animal Waste Operations; 2. Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is disposed; 3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, one must be completed prior to submittal of a general permit application for animal waste operations. II. GENERAL INFORMATION: 1. Farm's name. DM Faun � Site 4 "1 s4 T^ S r�& 3 f- Z -/- Sec _ �i f G i 2. Print Land Owners name: DM Farms Inc 3. Land Owner's Mailing address: _PO Box 302 City: Magoolia NC __ Zip: 28453 Telephone Number: q10 gZ fi 2119T 4. County where farm is located: 12uplin 5. Farm Location (Directions from nearest major highway. Please include 5R numbers for state roads. Please include a copy of a county road map with the location of the farm identified): %n 1M1[es heAOIJ ead of "rt d lQ f- Oa�T� 6. Print Farm Manager's name (if different from Land Owner): � _b• 13 cx Eti Axl 7. Lessee's / Integrator's name (if applicable; please circle which type is listed): Murphy Family Farms FORM: AWO-G-E 2/26/97 Page 1 of 3 III. OPERATION INFORMATION: 1. Farm No.: -.-m f 3 1— Z 5 +- + 2. Operation Description: o rye ation Feeder to Finish 7920 - Certified Design Capacity Is the above information correct? Z�yes; no. Tyoe of Swine No. of Animals 0 Wean to Feeder 0 Feeder to Finish 31� 0 Farrow to Wean (# sow) 0 Farrow to Feeder (# sow) 0 Farrow to Finish (# sow) 3t -(.g'] If no, correct below using the design capacity of the facility Tyne of Poultry No. of Animals 0 Layer 0 Non -Layer 0 Turkey Tune of Cattle No. of Animals 0 Dairy 0 Beef r. l ` T :he fa: ?�To. of Aai -awls• %-P," 1JNc Vl I ivcstock or. -ul: as - 3. Acreage cleared and available for application :9�3Required Acreage (as listed in the CAWMP): $63-r75,Z• 3 4. Number of Lagoons: ; Total Capacity: 1/� 31 Zr Cubic Feet (ft3) Number of Storage Ponds: ; Total Capacity: Cubic Feet (ft3) 5. Is animal waste being applied on any field which has subsurface drains? YES or lease circle one) 94please 6. Are subsurface drains present in the vicinity of or under the lagoon? YES or circle one) IV. APPLICANT'S CERTIFICATION: I, *i P At: , 10-4ri5 (Land Owner's name listed in question 1I.2), attest that this application for -M C'4A4 S exl a rj `t S t + e-s 1 r L r 3 - 4 (Farm name listed in question H.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomnlete. Signature - _i��n..,,J Date N / 7 V . MANAGER'S CERTIFICATION: (complete only if different from the land Owner) I, (Manager's name listed in question II.6), attest that this application for (Farm name listed in question II.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION PERMITS AND ENGINEERING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FORM: AWO-G-E 2126/97 Page 2 of 3 :., _- » '4 MW RPri �~ • F _ FA1M 1 LT FARMS 6koctober 16, 1995 �'Npartment of Environment, Health and Natural Resources 4: Division of Environmental Management a: ;Water Quality -Section, Planning Branch P. O. Box 29535 Raliegh, NC 276Z6-0535 Attn: Mr. Steve Tedder, Chief RE: DM Farms Section 4, JVW - Swine Facility Certification Duplin County, NC Dear Mr. Tedder. Enclosed is the certification form for the above referenced swine farm. By this letter, the Owner certifies that the following crops wiII be planted or sprigged within 180 days of the stocking date of the farm. Stocking Date:' is/zoZ _Barley%Rye , , Berrnuda Grass (Graze/Hay/Pasture) _Small Grain (Graze/Hay) Corn (Grain/Silage) ^Sorghum — .: —Cotton _Wheat (Graze/Hay/Pasture) Oats �Other(Explain) 5o,"* &A_.A FAss t Nrs4.+Girwcs The lagoon effluent will be applied to the crops listed above by s. Center Pivot Irrigation (Installed/Not Installed) Solid Set Irrigation (Installed/Not Installed) Traveling Gun/Reel Irrigation (Owned/Not Owned) Third Party Applicator ,.Other (Explain) Name of Technical Specialist: M. Kevin Weston t ` Signature: _211 Date: /0 Z0 V . Name of Land Owner: DM Farms Signature: 4 Date: cc: DM Farms ;�.x;; Kim Patram, Murphy Family Farms Construction Department ANIMAL WASTE MANAGEMENT PLAN CERTIFICATION FOR NEW OR EXPANDED FEEDLOTS Please return the completed form to the Division of Environmental Management at the address on the reverseside of this form. Name of farm (Please print): _DM Farms Section 4 Site 4 _ Address_ PO Bo) >309 Magnolia, NC 28453_ Phone No.: County. Duplin Farm location: Latitude and Longitude: 34 ° 53' 267 7e 07' 30" (required). Also, please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy, etc.): Swine Design capacity (number of animals): 7920 Feeder to Finish Average size of operation (12 month population avg.): 7920 Average acreage needed for land application of waste (acres): . 63 Technical Specialist Certification As a technical specialist designated by the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 6F .0005, I certify that the new or expanded animal waste management system as installed for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation pursuant to 15A NCAC 2H .0217 and 15A NCAC 6F .0001-.0005. The following elements and their corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicablei minimum separations (buffers)-. liners or equivalent for lagoons or waste storage ponds- waste storage capacity: adequate quantity and amount of land for waste utilization (or use of third party), access or ownership of proper waste application equipment: schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25-year, 24-hour storm. Name of Technical Specialist (Please print): M- Kevin Weston Affiliation: Murphy Family Farms Inc Address (Agency). P- O. Box 759 Rose Hill NC 28458 Phone Na. (910) 289-2111 Signature: /_V_ Xu� .� J _ Date- /oZZ,,/9j— Owner/Manager Agreement 1 (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures. I (we) know that any additional expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either through a man- made conveyance or through runoff from a storm event less severe than the 25-year, 24-hour storm The approved plan will be filed at the farm and at the office of the local Soil and Water Conservation District Name of L Signature , Name of Manager, if different from owner (Please Print). Signature Date Note, A change in land ownership requires notification or a new certification (if the approved plan is changed) to be submitted to the Division of Environmental Management within 60 days of a title transfer DEM USE ONLY ACNEW4 0 0 N f rm aa.. farr. CID M. Fm I L ci nF, Mr. urn ?so. rrFl Tn nn p fr. vi Mr. • r6r. el uTi ram! rm A. IT41 iTT-. 1 7 e ffn rM lm ra-, Tzsi 7 rm jutfi5fifi��#� R" rm woo-D— arrr Tm Trri 1, of .7 Tj J i-arT P-r-m 14 FM wa rar wn ml 6M Tw. r7r. fw,• ( 21 2W, Mr. Aft 467 rm - d� f5r. rm on tffl 4, mn Fm Vii Tan, fw, mr. I Tm r rw �4 i�r Hs2'-JJ:f::wi:'li.:L'.'„m','.',',,.�� 4J.C Producer: QM �a �.-. s Scc�. '� SAGS 1, a 1,3) 9 _ . Location: /A YNa i /VC_ -,."Telephone: 1(sow) a s q-,M Type Operation: �ec� e+r - F n + .s Number of Animals: y �; �s -� 9 a U %, �� ; e ; ! b gU (Design Capacity) The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where 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 aro important in implementing your waste utilization plan in order to maximi�P the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities.. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when, it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with l5A NCAC 2H.0217 adopted by the Environmental Management Commission. Amount of Waste Produced Per Year(gallons, N. tons, etc.) I (40 animal- Xj-q-(amt.) waste/animal/year = &DIL {amts) waste/year. Amount of Plant Available Nitrogen (PAN) Produced Per Year 31(40 animals X:)-31bs. PAN/animallyear = W Mbs. PAN/year. (PAN from N. C. Tech. Guide Std. 633) 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 and surface application: Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Tvoe Per Ac. * Utilized Application e 4 4 1 1 A rr.. 7 L J a 0 1 4 a --iQo LiS t 5bo .-t.. t 4l L4 3 A, , a A D3s 13. 5 .5"J L Li r uL] d!r.. f�) D3 t. a a-5 9.t, I k a.�►�-Oci. ei H A. 1 -31f�1a0 /Ac,rr_I--6, 1 G 1 - 10 A,, T, FIIYCtf� < ..ss SO 135. 1 G -755 S l - : 1 Total lR_5;?.� 1 73r3oy J * This N is from animal waste only. If nutrients from other sources such as conurlercial fertilizer are applied, they nurse be accounted for. N must be based on realistic yield expectation. T NOTE: The applicator is cautioned that P and K may be over applied while meeling the N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. 2 Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowner must be attached) (Required only if operator does not own adequate land {sea Required Specification 2]) Tract Field Soil Crop Lbs. N Acres Lbs. N Month of # No. Type Per Ac. * Utilized Application Total " See footnote for Table 1. Totals from above Tables Acres Lbs. N Utilized Table 1 Table 2 Total Amount of N Surplus or(p�( a� 3 s Soy a5a .6 `73 3o Produced —1 76 H Lj `Y NOTE: 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. :::{;i:iv7�`�i�Aw `yryo�22n .�W^.-..7�'�X•'` 4:r. �% :e4 .. .}i.. n �.iif::ti.:. See attached map showing the fields to be used far the utilization of waste water. Application of Waste by Irrigation Field Soil Type Crop Application Application No. Rate (In/Hr) Amount (In.) � � 3 4 7 ID SS I} -To o. �� 5 THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SDVM AR TABLE WILL BE NEEDED FOR DRY LITTER OR SLURRY. Your facility is designed for +10 days of temporary storage and the temporary storage must be removed on the average of once every MONTHS. In no instance should the volume of waste being stored in your structure exceed Elevation ?rsIc 1 Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil and Water Conservation District office after you receive the waste analysis report for assistance in determining the amount per acre to apply and the proper application rate prior to applying the waste. ANIriA2. WASTR IlANAGEHENT PLAIT CSRTIFZC3lTYDN FOR NEW OR =PAHDED FEEDLOTS Please return the completed form to the Division of Rnviro=ental Xanagement:at _ the addreas on the reverse aide of this fors, Name of farm (Please print) DM Farms Sec. 4 Site 3_ Address a• —7, Rose HIII, Nc 28458 Phone No. 00 County • DU l.iri Farm location: Latitude and Longitude:34°� 15'78 �7 53 (required). Also T'F= please attach a copy of a county road map with location identified. Type of operation (swine, layer, dairy etc._)-� Design capacity (number of animals): 1980 F�Co r1�S Average size of operation'(12 month population avg.): 7980 Average acreage needed for land application of waste (acres): 98.1 7S- -=-s=======wsaeawa=aaaa=aaaaw=a=aaraw=s<aa[raaa==--=w==ours==aacnaa=mane ar>•a 3e:====craw Technical Specialist certification As a technical specialist designated by the North Carolina Soil and Water -6.131`f Conservation Commission pursuant to 15A NCAC 6F .0005, I certify that the new or expanded animal waste management system as installed for the farm named above has an animal waste management plan that meets the design, construction, operation and maintenance standards and specifications of the Division of Environmental Management and the USDA -Soil Conservation Service and/or the North Carolina Soil and Water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001-.0005. The following elements and their corresponding minimum criteria- have_been.yerified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); liners or equivalent for lagoons or waste storage ponds; waste storage capacity; adequate quantity and amount of land for waste utilization (or use of third party); access or ownership of proper waste application equipment; schedule for timing of applications; application rates; loading rates; and the control of the discharge of pollutants from stormwater runoff events less severe than the 25-year, 24-hour storm - Name of Technical Specialist (Please Print) :_M_ Kevin Weston_ Affiliation: nC Address (Agency): PO BOX 75�9 IRose_Hl , phone No. 910 Signature: _ xJ4,Z Date: T� e_Sara-aasmaaw3aatwwa=aegnsswaaa.msaes a�aaamaaamara aaaaaaacsa�aaaxa:aan= :aaaw Owner/Manager Agreement _ I (we) understand the operation and maintenance procedures established in the approved animal waste management plan Eor.the €atm named above and will implement these procedures. I (we) know that any additional expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of Environmental Management before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system 'to surface waters of the state either through a man-made conveyance or through runoff from a storm event less severe .than the 25-year, 24--hour storm. "The approved plan will be- filed at the faa rm nd at the office-oE the local- Soil and Water Conservation District..•- Name of Lan Owaar (Please Print): FarffG Signature - a-- Date: -3 Name of Hanaq f d erent from owner (Please print): D.-.Bruce EvaanS - SignatureDate: HOtA: A change Ian ownership requires notification or a ew certification (if the approved _pi_an_=_is-_changed) to be submitted to the Division of Environmental Management within'60 days=aE a title transfer. .,, DEI4 USE ONLY:ACNEW# sit- - LAi - uaJ J.IP4 a 7*t 3rL ! ` +i.IG+Oua tl 5„ r Ltai • ••N r 1! d 1!,1 Irx A Lx ulz .!• znz uss L Lr lai ivi ,.i • ' uL • Lan + J � - F3 Cwv� un 3• 1173 ��37 !i°'T `�� Lif y, 117] ,� f. !m Mom) .a _ q U91 , � L!7Z 1 l LQ T Q.�1,1 J �'� � !M ++ 11l1 5111 • � a1Lr Ls !II1 11 um 3 ne un 7 uy 1 4 J's t } L! U Mlr +v..r L!7 . J _ uy � o.+ um s 1�a un Lot Ix r + f im un T , um -1. � , • tL: un } + � v LW+a r V L0 1lSi I um im ! RhUR ' ra _ , v u ; ' a i� LA ua uu 8 ux ml uu LLU IMAA�, nn } 4• ro q,rw yU 4 T U Ott\ �J ra0. LL im P E N D E R ,0 .46 POST OFFICE BOX 759 • ROSE HILL, NORTH CAROLINA 28:58 (919)289-2111 February 16, 1995 Department of Environment, Health and Natural Resources Division of Environmental Management Water Quality Section, Planning Branch PO Box 29535 Raliegh, NC 27626-0535 Attn: Mr. Steve Tedder, Chief RE: DM Farms Sections 4, Site 3 - Swine Facility Certification Duplin County, NC Dear Mr. Tedder: Enclosed is the certification form for the above referenced swine farm. The area required for spray irrigation of lagoon effluent has not been sprigged. By this letter, the Owner certifies that the area required for spray irrigation will be sprigged or planted with the crops as called for 'in the Waste Utilization Plan within 180 days of hte stocking date of the farm. The lagoon effluent will be applied with the owners reel type of irrigation equipment. Name of Technical Specialist: M. Kevin Weston Signature: 1n A�- /, Date: z z Y �� Name of Land Owner: DM Farms D/YI l i�t S Signature:x-,I , 9!ee*Date: 3 9� cc: DM Farms Kim Patram, Murphy Farms Construction Dept. NORTH CAROLINA Department of Environmental Qual UTDivision of Water Resources FaciWty'Number` '->� O Division of Soil and Water'Conservation O Other Agency Type of Visit: 0 Compliance Inspec ' n Operation Review O Structure Evaluation Q Technical Assistance Reason for Visit: O Routine Complaint O Follow-up O Referral O Emergency O Other O Denied Access Date of Visit: 7 Arrival Time: 3 Departure Time: J13 County: Region: Farm Name: Owner Email: Owner Name: Mailing Address: Physical Address: Phone: Facility Contact: j Title: Phone: Onsite Representative: �J/l�+ �o Loe' To 4 Integrator: Certified Operator: Back-up Operator: Location of Farm: Design Current Swine Capacity Pop. Wean to Finish Wean to Feeder Feeder to Finish Farrow to Wean Farrow to Feeder Farrow to Finish itts oars Other, w Other Certification Number: Certification Number: Latitude: Design Current ' Wet Poultry Capacity Pop. Layer Non -La er Design Current Dry Poultry Canneity Pon_ Layers Non -Layers Pullets Turkeys k] Turkey Poults Other I Discharges and Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field ❑ Other: a. Was the conveyance roan -made? b. Did the discharge reach waters of the State? (If yes, notify DWR) c. What is the estirnated volume that reached waters of the State (gallons)? d. Does the discharge bypass the waste management system? (If yes, notify DWR) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any observable adverse impacts or potential adverse impacts to the waters of the State other than from a discharge? Longitude: Design ''Current Cattle Capacity Pop. Dairy Cow Dairy Calf Dairy Heifer Dry Cow Non -Dairy Beef Stocker Beef Feeder Beef Brood Cowl I ❑ Yes Z.j No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA [] NE ❑ Yes ❑ No NA ❑ NE ❑ Yes ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE Page 1 of 3 21412015 Continued lFaciliNumber: 3 j - jDate of Inspection: Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes No ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? ❑ Yes [] No ❑ NA ❑ NE Structure l Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: q —_3 — y - Spillway?: Designed Freeboard (in): Observed Freeboard (in): 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes No ❑ NA ❑ NE (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are -not properly addressed and/or managed through a ❑ Yes [3<o ❑ NA ❑ NE waste management or closure plan?— If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? ❑ Yes No ❑ NA ❑ NE 8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes 04o ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ Yes U" "' ❑ NA ❑ NE maintenance or improvement? Waste Application ,__,� 10. Are there any required buffers, setbacks, or compliance alternatives that need [:]Yes [2-7 o ❑ NA ❑ NE maintenance or improvement? 11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ❑ Yes Lid l"o ❑ NA ❑ NE ❑ Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): 13. Soil Type(s): 14_ Do the receiving crops differ from those designated in the CAWMP? ❑ Yes ❑ No ❑ NA [ffNE 15. Does the receiving crop and/or land application site need improvement? ❑ Yes ❑ No ❑ NA �­NE 16. Did the facility fait to secure and/or operate per the irrigation design or wettable ❑ Yes ❑ No ❑ NA LJ NE acres determination? 17. Does the facility lack adequate acreage for land application? ❑ Yes ❑ No D NA L'J 1 18. Is there a lack of properly operating waste application equipment? D Yes ❑ No ❑ NA Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA „❑ NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No [] NA the appropriate box. ❑ WUP [:]Checklists ❑ Design [:]Maps ❑ Lease Agreements ❑ Other: 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ NA ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Su;Y/N:1� 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA . 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes [:]No ❑ NA Page 2 of 3 21412015 Continued Facili Number: 1 - M jr jDate of Inspection: jd 24. Did die facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No r 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes ❑ No the appropriate box(es) below. ❑ Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge Ievels ❑ Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes ❑ No 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes ❑ No Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify the Regional Office of emergency situations as required by the permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface the drains exist at the Facility"? If yes, check the appropriate box below. ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? 33. Did the Reviewer&spector fail to discuss review/inspection with an on -site representative? 34. Does the facility require a follow-up visit by the same agency? [—]Yes No ❑ NA C]-Nf— ❑ NA 0 5i ❑ NA DI�E_ D-KA- ❑ NE ❑ NA ❑ NE ❑ Yes L526o ❑ NA ❑ NE [:]Yes E j No ❑ NA ❑ NE [:]Yes ❑ No ❑ NA E_J 5V ❑ Yes Ejllo ❑ NA ❑ NE ❑ Yes �;`No ❑ NA ❑ NE ❑ Yes [JXo ❑ NA ❑ NE Comments (refer to question ft Explain any YES answers and/or any additional recommendations or any other comments. Use drawings of facility to better explain situations (use additional pages as necessary). �t r+ S din (V-r�L, 9 Z_/ f ore 1/a SutiCte-r /'7r��J a,�l Oct-► c-e 5ro ,Lf ^'4 a C o /r n� (\e C_ IC pe y ea� Air Q t st Wy� j7� z"le 5.e f����9, C1 ce,.,r�u/,.,�. Qj✓R 1^5,1e'c �[ 9 �e ra /0 /l 1:1 `` ,^, 4 �-�, ! f �%� �t 9-7� L,f R'C d� l fP (' /k S t n V►'b S 4C3 I� p ! 5 �} W Y C L-, �`, �� [ glonR n/�� U iv' f C+ l sC cl s f Y �� M f r�� C L-Gf o 4c C/ o f r �r+•a 1 /L ✓P� 7�"W �- .S 'M" � -9 6, �� r-r •.e e--qP14&C CE p� p�d�r�e t S �r��. Ott g 1 �e e th f [� o n Reviewer/Inspector Name: Reviewer/Inspector Signat Page 3 of 3 V� Y)V �1 s{OCLEA 5` i N�'� Phone: ! �J 77� %�D f/ urea �— Date: 21412015