310077_HISTORICAL_20171231

NORTH CAROLINA
Department of Environmental Qual

�r
Water Resources
F-nvironmental Quali`ir
ROY COOPER
RECEIVED/NWE R"p Governor
iMICHAEI. S. REGAN
5ecreta�•i=
20i7 S. JAY ZIMMERMAN
JAN 31
Director
January 19, 2017 Water Quality Regional
Operations Section
David John Kilpatrick
Wilmington Regional Office
Circle K II Farm
401 Foxridge Rd.
Warsaw, NC 28398
Subject: Permit No. AW1310077
Circle K 11 Farm
Swine Waste Collection, Treatment, Storage
and Application System
Duplin County
Dear Mr, Kilpatrick:
In accordance with your permit application received July 20, 2016 and subsequent additional information
received on October 21, 2016, we are forwarding herewith Permit No. AWI310077, issued to David John
Kilpatrick, 11, authorizing the construction and operation of an anaerobic digestion animal waste treatment
system to produce renewable energy (Waste -to -Energy System) for Circle K 11 Farm located in Duplin
County.
When fully implemented, the Waste -to -Energy System shall serve as the treatment system for the entire
animal waste stream for the facility with an animal capacity of no greater than 19,947 Swine Wean to
Finish. All waste application to land shall be as specified in the facility's Certified Animal Waste
Management Plan (CAWMP). 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 flares at this facility will be issued separately by the Division of
Air Quality. This Permit is for the Waste -to -Energy Systern on the Circle K If Farm only and does not
cover the Gas Upgrading System and Pipe Line Intersection.
This permit shall be effective from the date of issuance until December 31, 2021, and shall rescind
General Permit and Certificate of Coverage Number AWS310077 dated October 1. 2014. 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 pay particular attention to the record keepin4
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.
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. Ydu must submit a letter to the Division of Water Resources
(Division) to request rescission of the Permit by providing documentation of closure of all treatment and
containment structures. .
-
State of'Norh Carolina I Environmental Quaiity i vi%ision of Waler Resources
NVNter Quality Regional operations Sectinn
1636 Mad SeMCO C2ni2Y � Raleigh. North Carolina 27699-1636
919-707-91?9

Permit No. AW1310077
January 19, 2017 r
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. This permit shall be final and binding unless such demands are made.
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 Natural Resources Conservation Service
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
Water Quality Regional Operations Section (WQROS) Staff may be reached at [phone]. If you
need additional information concerning this matter, please contact the Animal Feeding Operations Branch
staff at [phone].
Sincerely,
,far S. Jay Zimmerman, Y.G.
Director, Division of Water Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section
Duplin County Health Department
Duplin County Soil and Water Conservation District
Smithfield Hog Production
William G. "Gus" Simmons, Jr., P.E., Cavanaugh Solutions RECEiVEA/NMENR/M
WQROS Central Files (Permit No. AWS310077)
JAN, 31 2017
Water Quality Regional
Wilmington Regiopa Section

Permit No. AW1310077
January 19, 2017
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION 1S HEREBY GRANTED TO
Circle K II Farm
Duplin County
FOR THE
construction and operation of an anaerobic digestion animal waste treatment system to produce renewable
energy (Waste -to -Energy System) consisting of a 2,756,889 gallon clay lined anaerobic digester with a 60
mil HDPE synthetic cover, a 2,032,076 gallon clay lined anaerobic digester with a 60 mil HDPE synthetic
cover, three existing earthen lined lagoons, two lift stations, two digester mixing pump stations, two biogas
drying units, and all necessary pipes, pumps, and appurtenances, to serve the 19,947 Wean to Finish swine
at Circle K I1 Farm with no discharge of wastes to the surface waters, in conformity with the project plan,
specifications, and other supporting data subsequently filed and approved by the Department of
Environmental Quality (Department) and considered a part of this Permit.
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. During construction of the Waste -
to -Energy System, the existing animal waste management system may continue to operate subject to the
conditions of this Permit.
Please be advised that any permits for the flares at this facility will be issued separately by the Division of
Air Quality, This Permit is for the Waste -to -Energy System on the Circle K II Fann only and does not
cover the Gas Upgrading System and Pipe Line intersection.
This permit shall be effective from the date of issuance until December 31, 2021, and shall be subject to
the following specified conditions and limitations:

Permit No. AW1310077
January 19, 2017 r
I. PERFORMANCE STANDARDS
Any discharge of waste that reaches surface waters or wetlands is prohibited except as
otherwise provided in this Permit and associated statutory and regulatory provisions. 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.
The waste collection, treatment, storage and application system operated under this Permit
shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants to surface waters or wetlands. 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.
Any discharge or application of waste to a ditch that drains to surface waters or wetlands
is prohibited except as follows: (a) discharges from the ditches are controlled by best
management practices (BMPs) designed in accordance with NRCS standards; (b) the
BMPs have been submitted to and approved by the Division of Water Resources
(Division); (c) the BMPs were implemented as designed to prevent a discharge to surface
waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery;
and (e) the event was documented and reported in accordance with this Permit. Nothing
in this exception shall excuse a discharge to surface waters or wetlands except as may result
because of rainfall from a storm event more severe than the 25-year, 24-hour storm.
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, BMPs, 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.
4

Permit No. AW1310077
January 19, 2017
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" to the CAWMP must be submitted to
and approved by the Division prior to implementation. "Revisions" to the CAWMP shall
be submitted to the appropriate Division Regional Office within thirty (30) calendar days
of the "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, the Best Management Plan, 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. Any proposed increase or modification to the annual average design capacity from that
authorized by the 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.
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.
6_ A copy of this Permit, the CAWMP, 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 lire of this Permit. These
documents shall be kept in good condition and records shall be maintained in an orderly
fashion.

Permit No. AW1310077
January 19, 2017
7. 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.
8. The Wilmington Regional Office, telephone [phone], 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.
9. 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.
10- 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
The collection, treatment, and storage facilities, and land application equipment and fields
shall be maintained at all times and properly operated.
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.
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. 1n 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

Permit No. AW1310077
January 19, 2017
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, die 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.
The biogas condensate generated by the biogas dryers may be returned to the digester as it
is serves to recycle moisture from the existing waste stream. No products or additives may
be introduced to the condensate material that is returned to the digester. The condensate
collection system must be designed to prevent the introduction of precipitation, runoff, or
any chemicals or wastes.
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 hann 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 CAWMP and the North Carolina Department
of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and
regulations.
Disposal of dead animals whose numbers exceed nonr►al 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. §106-402.1. 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.
7

Permit No. AW1310077
January19, 2017
IL 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 treatment units
is necessary, provisions must be taken to prevent damage to any dikes and liners.
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.
15. 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.
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, 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.
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-

Permit No. AW1310077
January19, 2017
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.%!ov/er/ mhx/. Watch and waming information can also be obtained by
calling the Newport/Morehead City, NC National Weather Service Office that serves
Duplin County at [phone].
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 tanks or lagoons/storage ponds must have written
documentation from an engineer or technical specialist certifying proper design and
installation. However, if a piece of equipment is being replaced with a piece of equipment
of the identical specifications, no technical specialist approval is necessary [i.e, piping,
reels, valves, pumps (if the gallons per minute (gpm) capacity is not being increased or
decreased), etc.] unless the replacement involves disturbing the lagoon/storage pond
embankment 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_

Permit No. AW1310077
January 19, 2017
28. The WUP shall be modified as needed based on performance of the innovative facility. If
performance is not as predicted, immediate measures such as those listed in Condition U.23
above will betaken.
29. In the case of interruption or failure of Waste -to -Energy System, the Permittee shall follow
the Emergency Action Plan (EAP) as submitted.
III. MONITORING AND REPORTING REQUIREMENTS
An inspection of the Waste -to -Energy System including 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.
The Permittee shall keep an inspection log or summary including at least the date and time
of inspection, observations made, and any maintenance, repairs, or corrective actions taken
by the Permittee. This log of inspections shall be maintained by the Permittee for a period
of five years from the date of the inspection and shall be made available upon request to
the Division or other permitting authority.
2. The Permittee or their 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 at least once every
three years 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, repair, and irrigation records, shall be
maintained on site and in chronological and legible form for a minimum of three years by
the Permittee. These records shall be maintained on forms provided by the Division and
shall be readily available for inspection.
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.
10

Permit No. AM310077
January 19, 2017
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 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
Pern- ittee'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 detennined
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" Daily records do not
need to be maintained for those days without precipitation events.
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 reconunendations. This automated
equipment must be in place no later than ninety (90) days following receipt of
notice from the Director.
11

Permit No. AW1310077
January 19, 2017
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 first 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 Iand 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 iocation(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 111. 15. The
discharge notification shall include the following information:
Description ofthe 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.
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.
12

Permit No. AW1310077
January 19, 2017
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 I11. 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 colifonn bacteria Five-day biochemical oxygen demand
(BOD5)
Total suspended solids Total phosphorous
Ammonia nitrogen (NH3-N) Nitrate nitrogen (NO3-N)
Total Kjeldahl nitrogen (TKN) or Total Nitrogen
Monitoring results must be submitted to the Division within thirty (30) days of the
discharge event.
11 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,
Best Management Plan; 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 Pen -nit.
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.
13

Permit No. AW 1310077
January 19, 2017
15. Regional Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone
number [phone], as soon as possible, but in no case more than 24 hours following
fast knowledge of the occurrence of any of the following events:
a. Failure of any component of the Waste -to -Energy System or the animal waste
collection, treatment, storage, and land application system resulting in a discharge to
ditches, surface waters, or wetlands.
b. Any failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing the waste and/or sludge.
A spill or discharge from a vehicle transporting waste or sludge to the land
application field which results in a discharge to ditches, surface waters, or wetlands
or an event that poses a serious threat to surface waters, wetlands, or human health
and safety.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment or human safety or health.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal
to that required in Condition VI.2 of this Permit.
Failure to maintain waste level in a lagoon/storage pond below that of the designed
structural freeboard (twelve (12) inches from top of dam or as specified in
lagoon/storage pond design). Note that this notification is in addition to the report
required by Condition Ill. 15.e above.
g. Any discharge that bypasses a treatment unit.
h_ An application of waste either in excess of the limits set out in the CAWMP or where
runoff enters ditches, surface waters, or wetlands.
i. Any discharge to ditches, surface waters, or wetlands or any discharge that poses a
serious threat to the environment or human health or safety.
For any emergency, which requires immediate reporting after normal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within five (5) calendar days following first knowledge of the occurrence. This report
shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. In the event of storage capacity violations as
described in Condition 111.15.e, the written report shall outline the actions proposed to
be taken to restore compliance within thirty (30) calendar days. The requirement to file
a written report may not be waived by the Division Regional Office.
14

Permit No. AW1310077
January 19, 2017
In the event the waste level in a lagoon/storage pond is found to be within the designed
structural freeboard, the Permittee shall file a written report to the appropriate Division
Regional Office within two (2) calendar days following first knowledge of the
occurrence. This report shall outline actions taken or proposed to be taken to reduce
waste levels below the designed structural freeboard within five (5) calendar days of first
knowledge of the occurrence.
-16. The Director may require any permittee to. file an annual certification report or other
reports/certifications based on the compliance history of the facility. If required, the report
must be filed on forms provided by the Division.
17. In the event of a discharge of 1,000 gallons or more of animal waste to surface waters or
wetlands, the Permittee must issue a press release to all print and electronic news media
that provide general coverage in the county in which the discharge occurred setting out the
details of the discharge. The press release must be issued within forty-eight (48) hours
after it is determined that the discharge has reached the surface waters or wetlands. A copy
of the press release and a list of the news media to which it was distributed must be kept
for at least one (1) year after the discharge and must be distributed to any person upon
request.
18. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or
wetlands, a public notice is required in addition to the press release described in Condition
III 17. The public notice must be placed in a newspaper having general circulation in the
county in which the discharge occurred and the county immediately downstream within
ten (10) days of the discharge. The notice shall be captioned "NOTICE OF DISCHARGE
OF ANIMAL WASTE". The minimum content of the notice is the name of the facility,
location of the discharge; estimated volume of waste entering state waters, time and date
discharge occurred, duration of the discharge, identification water body that was
discharged into including creek and river basin if applicable, actions taken to prevent
further discharge, and a facility contact person and phone number. The owner or operator
shall file a copy of the notice and proof of publication with the Department within thirty
(30) days after the notice is published.
19. 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.
20. Facility 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.
15

Permit No. AW1310077
January 19, 2017
If the sludge accumulation is such that the structure does not satisfy the criteria set by
NRCS NC Conservation Practice Standard No. 359 "Waste Treatment Lagoon", February
2009 or any subsequent amendment, 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.
IV. GROUNDWATER REOUIREMENTS
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-
V. INSPECTION AND ENTRY
1. 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.
V1. GENERAL CONDITIONS
The issuance of this Permit shall not relieve the Perrnittee 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.
16

Permit No. AW1310077
January 19, 2017
2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
facility's CAWMP. At a minimum, maximum waste level for lagoons/storage.ponds must
not exceed the level that provides adequate storage to contain 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.
In addition to the above requirements, for new and expanding farms with lagoon and
storage pond designs completed after September 1, 1996, storage must also be provided
for the heavy rainfall factor for the lagoons/storage pond. In case of lagoons/storage ponds
in series that are gravity fed. the 25-year, 24-hour storm event and/or the heavy rainfall
factor storage requirement for the system may be designed into the lowest lagoon/storage
pond in the system. However, adequate freeboard must be designed into the upper
lagoons/storage ponds to allow sufficient storage to prevent the waste level from rising into
the structural freeboard while the storm water is draining into the lowest structure in the
system.
All containment basin; 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," April 2012 or
any subsequent amendment, the containment basin shall not be subject to the requirements
of this Permit. The Permittee must submit a letter to the Division to request rescission of
the Permit by providing documentation of closure of all containment basins.
Closure shall also include a minimum of 24 hours pre -notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the farm 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 this Permit.
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.
6. 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.
17

Permit No_ AW1310077
.January 19, 2017
7. After the Waste -to -Energy System has been in use for one (1) year, the Pennittee 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. 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 animal waste management system.
9. 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.
10. 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).
11. If animal production ceases, the Permittee is responsible for developing, implementing and
completing a "closure plan" which will eliminate the possibility of an illegal discharge,
pollution, erosion, and the potential for injury. Closure shall include notifying the Division.
Should the Permittee desire to abandon the Waste -to -Energy System a "closure plan" must
be submitted to the Division. The closure plan must include recommendations by a
Professional Engineer for the removal of all equipment associated with the Waste -to -
Energy System so as not to create any discharge. No equipment shall be removed without
prior approval from the Division.
12. This Permit shall become voided unless the facilities are 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
the application and other supporting data for Circle K H Farm. The Permittee shall notify
the Division immediately of any applicable information not provided in the permit
application.
Any proposed modification to an animal waste management system component shall
require approval fruin 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 Notification of Change
of Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting materials as may be appropriate. This request shall
be submitted within sixty (60) days of change of ownership. The request will be considered
on its merits and may or may not be approved.
15. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of the project_
18

Permit No. AW1310077
January 19, 2017
16. 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
facilities 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.
17. 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.
18. Upon abandonment or depopulation for a period of five years or more, the Permittee must
submit documentation to the Division demonstrating compliance with NC Session Law
2015-263.
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.
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.
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 mean the amount of animal waste and/or other nutrient sources to be applied to
meet the nutrient needs of the crop, but does not overload the soil with nutrients or other
constituents that cause or contribute to a contravention of surface water or groundwater standards,
limit crop growth, or adversely affect soil quality_ Nutrient needs of the crop shall be based on
realistic yield expectations (RYE) established for a soil series through published Cooperative
Extension Service bulletins, NRCS publications, county soil surveys, or site -specific agronomist
reports.
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:
19

Permit No. AW131O077
-T January19, 2017
• 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 - aifnended-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 II1.16 of this Permit.
Director means the Director of the North Carolina Division of Water Resources.
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.
Groundwater means 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.
20

Permit No. AW1310077
January 19, 2017
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 the Division. The new CAWMP and the certification shall
be submitted with a request that the Permit be amended to reflect the changes. The facility may not
make the changes until a new or amended Permit has been issued.
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 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 al I 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 nineteenth day of January, 2017.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
fot- S. Jay Zimmerman, P.G., Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI310077
21

Permit No. AW1310077
=_- January19,.2017
THIS PAGE IS INTENTIONALLY
LEFT BLANK
22

Permit No. AW1310077
January 19, 2017
Permit No. AW1310077
January 19, 2017
ENGINEER'S CERTIFICATION
I, , 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.
23

En►�iranmen tar
Query
September 23, 2016
CERTIFIED MAIL
7015 1520 0000 7838 3828
David John Kilpatrick, iI
Circle K II
401 Foxridge Rd
Warsaw, NC 28398
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
secretary
JAY ZIMMERMAN
DWR Director
RECEIVED/NCDERR/DWR
SEP 272016
Water Quality Regional
Operations Section
Wilmington Regional Office
Subject: Additional information Request
Application No. AWD 10077
Circle K 11
Duplin County
Dear Mr. Kilpatrick:
The Animal Feeding Operation Program of Division of Water Resources has reviewed the subject permit
application received on July 20, 2016. Additional information is required before we may continue our
review. Please address the following items and respond in writing within thirty (30) days of receipt.
1. The site map does not show the location of the existing wells. Please indicate the location of all wells
and distances from treatment components.
2. Please indicate on a site map the relevant setbacks of the new waste treatment structures. The
application included one setback waiver. Please clearly indicate the location where this waiver is
required.
3. Explain how the lagoon flow return pump will be operated. Will it be automatic (float controlled), or
will it be operated manually? At what elevation (freeboard level) is Site 1 lagoon maintained? Will
this lagoon be maintained at a constant level, or will it fluctuate? Will Site Il lagoon handle the 25
year/24-hour storm volume for both lagoons, or will it be maintained in each lagoon?
4. Please explain why the peaking factors for the digester mixing pumps are less than 2.5,
5. The Certified Animal Waste Management Plan appears to be missing the following items:
a. Emergency Action Plan. The EAP needs to be up-to-date with the current phone numbers.
Emergency contact information for the new system should be included, particularly with the
capture, piping, and pressurization of methane gas as well as the utilization of emergency
flares.
b. Insect Control Checklist with chosen best management practices noted.
c. Odor Control Checklist with chosen best management practices noted.
d. Mortality Control Checklist with the selected method(s) noted.
<�"Nothtng Compares=-.,
Sute of North Carolina I Er virorw=ml Quality
1611 Mail service Caner I Raleigh, North Carolina 27699-1611
919-707-90M

Kilpatrick Letter - Circle K 11
September 23, 2016
Page 2
e. Operation & Maintenance Plan - Identify procedure to address system -malfunction and' -
replacement. O&M plan should include equipment testing and maintenance schedule,
emergency protocols, repair and replacement.
6. The plans indicate the liner will have a maximum saturated hydraulic conductivity < 1.0x10'6 cm/sec.
Please note that,if future expansion is planned, a maximum saturated hydraulic conductivity of
<I.0x10-' cm/sec would be required.
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 futurerequests 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 three (3) 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 [phone].
Sincerely,
Trent Allen
Asst. Regional Supervisor
Water Quality Regional Operations Section
cc: Wilmington Regional Office, Water Quality Regional Operations Section
Gus Simmons, Cavanaugh & Associates, 130 N Front St, Suite 202, Wilmington, NC 28401
Smithfield Hog Production
APS Permit File — AW1310077

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
s1;CTlON
TRYMMATE ! IrJ -A
NAME J� CC-0PrI
REPRESENTING
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
public to safeguard these records and to carry out our day-to-day program obligations. Please read
carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment to review the files. Appointments will be scheduled
between 9:00am and 3:00 Viewing time ends at 4:45pm. Anyone arriving without an
appointment may view the files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facilityname. The number of files that you
may review at one time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is $.05 cents. Payment may be made_ by check, money order, or cash at the
reception desk. Copies totaling $5.00 or more can be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, lame totes, etc. are
permitted in the file review area.
5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused.
FACILITY NAME COUNTY
2. 31 i}1JU
4. A, z� 3 i U�3
Sig i ui&Iand Name df Firm/Business Date Time In Time Out
Plead attach a business card to this farm
COPIES MADE PAID INVOICE
S:Admin.fde access

' Ticket News - RSVP Reminder: Exclusive Full Season Ticket Holder Party - Carolina Hu,.. Page 3 of V,,
" � 1
PRODUCER: David John Kilpatrick
LOCATION: 401 Fox Ridge Rd.
Warsaw, NC 28458
TELEPHONE: [phone]
TYPE OPERATION: Feeder - Finish
NUMBER OF ANIMALS: 16992
(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 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 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.
Ffn D E c 2 3 2009
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
21-1.0217 adopted by the Environmental Management Commission.
RECEIVED I DENR I DWQ
Aquifer Protection Section
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Amount of Waste Produced Per Year (gallons ft._tons`etc.)
16,992 animals X 1_9 (tons) waste/anlmallyear = 32,285 (tons) waste/year.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
16,992 animals X 2_3 lbs. PAN/animal/year = 39,082 Ibs. PAN/year. (PAN from N.C.
Guide Std. 633) Tech
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 is
Tract Field* Soil Crop
ACRES OWNED BY PRODUCER
Lbs. N Acres Lbs. N Month of
*This N Is from animal waste only. If nutrients from other sources such as commercial fertilizer are
applied, they must be accounted for.
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 fn some
eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients.
This plan only addresses Nitrogen.
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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 21)
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
* See footnote for Table 1.
Application
r,
Totals from above Tables
Acres Lbs. N
Utilized
Table 1 0.00 -
Table 2 475.90 141.549
Total 475.90 141,549 *two year removal
Amount of N Produced 78,164 "two year production
Surplus or Deficit 63,385
NOTE. The Waste Utilization Plan must contain provisions far 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
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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 In1Hr Amount In.
1,2,3,4 FoA Row 0.5 .5-1.0
subs
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.
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 design.
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:
Acres shown are'irricated' acres with two Vallev Pivots. All lacoons on the farm are connected.
Grower should follow a corn, wheat, soybean rotation on all land. For management purposed, _
2 fields should be in com, 2 In soybeans each year.
Subfield 5 will be irrigated using an aerway applicator. This field is optional for use.
Page 4
i -.. �~� �c . it •� - %fti{titC -Yr1.!'=,� 't-r���., 1 .. �r - � r �f.iy� I.. c:, � f r,r
r P

REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a. copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase In the number of animals, method of utilization, or available land.
3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climatic conditions, and level
of management, unless there are regulations that restrict the rate of application for other
nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per
year providing grass filter strips are installed where runoff leaves the field. (See FOTG
Standard 393 - Filter Strip).
5 Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland,
the waste may be broadcast provided the application does not occur during a season
prone to flooding. (See "Weather and Climate in North Carolina° for guidance.)
7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift from
the site during application. No ponding should occur in order to control odor or files.
8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
Page 5

. r a 0 •' a } c.� '��`
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 not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted 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 courses 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.
Page 6

REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inwpected regularly for evidence of
erosion, leakage or discharge.
18 1f animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure piano which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within 60 days of utilization and sod 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 soft shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7

WASTE UTILIZATION PLAN AGREEMENT
Name of Farm. David John Kilpatrick 11
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, 24hour 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. David John Kilpatrick II
(Please prino
Signature:
Name of Manager (if different from owner):
Signature:
Date:
Date:
Name of Technical Specialist: (!lease print) Kraig A. Westerbeek
Affiliation: Private
Address (Agency): 1635 W. Wards Bridge Rd.
Signature

Table 1: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Twe Per Acre* Utilized AQalication
T72365
1
FoA
Com
135
63.3
8540.1
March - Ju
T72365
1
FoA
Wheat
110
63.3
6958.E
Sept - ADdI
T72365
1
FoA
Sovbeans
112
63.3
7085.12
June - Se t.
T72365
2
FoA
Corn
135
91.5
12351.15
March - Ju
T72365
2
FoA
Wheat
110
91.5
10063.9
SepL - April
T72365
2
FoA
Soybeans[
112
91.5
10246.88
June - Sept.
T72365
3
FoA
Corn
135
46.9
6324.75
March - July
T72365
3
FoA
Wheat
110
46.9
5153.5
Sept. - AprH
T72365
3
FoA
Soybeans
112
46.9
5247.2
June - SepL
T72365 '
4
FoA
Corn
135
49.9
6736.5
March - July
T72365
4
FoA
Wheat
110
49.9
5489
L - April
T72365
4
FaA
Soybeans
112
49.9
5588.8
June - Sept
T72365
7
FoA
Corn
135
71.4
9644A
March -July
T72365
7
FoA
Wheat
110
71 A
7858A
SepL - Aprd
T72365
7
FoA
SovbeafkS
112
71.4
8001.28
.tune - SepL
T72365
8
FoA
Corn
135
73.7
9944.1
March - July
T72365
8
FoA
Wheat
110
73.7
8102.E
SepL - Aprd
T72365
8
FoA
Soybeans
112
73.3
8212.96
June - SepL
Optional - Aerwa
T72365
sub5
FoA
Com
135
79.3
10705.6
-
Mardi JLdy
T72365
sub5
FoA
Wheat
110
79.3
8723
Sept. - 4rH
172365
sub5
FoA
Soybeans
112
79.3
8881.6
June - Sept.
TOTAL 475.9 141,549
Page 10

Sheetl
IRRIGATION SYSTEM DESIGN PARAMETERS
Landowner/Operator Name: David John Kilpatrick II
Address: 401 Fox Ridge Rd.
Warsaw, NC 283989
Telephone: [phone]
Table 1 - Field Specifications
Approximate
Maximum
Useable Size
Field of Field
Number acres Soll T e Slo e % Cro s
County: Dupfln
Date: 1/6/2008
Maximum
Maximum
Application
Application
per Irrigation
Rate
Cycle
Irtlhr
inches Comments

Sheet4
TABLE 4 - Irrigation System Specifications
Pivot
Pivot
WIN
WHO
Flow Rate of Sprinkler
900
350
Operating Pressure at Pump i
48.6
36.3
Design Precipitation Rate r r
NA
NA
Hose Length feet
NA
NA
lype of Speed Corn nation
NA
NA
Purne T PTO, Engine, Electric
Electric
Electric
Pump Power Requirement h
31.1
9.6
TABLE 5 - Thrust Block Specifications
THRUST BLOCK
LOCATION
AREA . ft.)
90 d2gree bend
4.94
Dead End
3.5
Tee
2.45
Gate Valve
3.5
45 degree bend
2.66
*see calculations
Page 1

Sheets
IRRIGATION SYSTEM DESIGNER
Name: Kraig Westerbeek
Company: Murphy -Brown LLC
Address: PO Box &%.Warsaw, NC 28398
Phone: (910) 293 $330
Required Documentation
The following details of design and materials must accompany all irrigatlon designs:
t . A scale drawing of the proposed Irrigation system which Includes hydrant locations, pipelines, thrust block locations and buffer areas where applicable.
2. Assumptions and computations for determining total dynamic head and horsepower requirements.
3. Computations used to determine all mainline and lateral pipe sizes.
4. Sources and/or calculations used for determining application rates.
S. Computations used to determine the size of thrust blocks and illustrations of all thrust block configurations required In the system
8. Manufacturer's specifications for the Irrigation pump, traveler and sprinkler s).
7. Manufacturers specifications for the Irrigation pipe and/or USDA-NRCS standard for IRRIGATION WATER CONVEYANCE.
CJ
8. The Information required by this form are the minimum requirements. It Is the responsibility of the designer to consider all relevant boors at a particular sEte and
address them as appropriate.
9. Irrigation pipes should not be Installed In lagoon or storage pond embankments without the approval of the designer.
NOTE: A buffer strip of 50' or wider must be maintained between the limits of the Irrigation system and all
perennial streams and surface waters per NC Statutes.

Sheet6
Narrative of Irrigation System Operation
This system design Is for 3 Valley Model 8000 pivots, with lengths of 1219'(Pivot II), and 1622'(Pivot 1).
These pivots will replace the use of hardhose travellers on this farm. Pivot I will operate in a 283 degree range.
This travel path Is divided into two fields reflecting the growers planned cropping paterns. Field #1 as
shown on the drawing Is 180 degrees, with an acreage of 98.5. Field #2 as shown is 103 degrees, with
an acreage of 57.7. Pivot 11 will operate within a 306 degree range. This travel path is also divided into two
fields reflecting the growers planned cropping patterns. Field 3 as shown on the drawing, is 148 degrees, with
an acreage of 47.0. Field 4 as shown on the drawing Is 158 degrees, with an acreage of 48.6.
Once again, no traveller pulls are included in this design, or the acreage.
Field 5 is the full acreage of pivot ill'.
Application ammounts can be varied on either machine down to .1" of application. For puposes of
this design, no single application event should exceed .5".
As with any pivot, application rates may exceed recommended soil application rates, however, limiting total
appllcaUons to <.5" will offset this parameter.
Water may be transferred between lagoons 1,2, and 3, however, lagoon 2 should always supply Plvot'I'.
Refer to owner's manuals of pumps and pivots for startup, winterization, and maintanence schedules.
Plvot'I&IV should be supplied by the Berkeley 84 pump only. Pivot'll' should be supplied by the Berkeley B3
pump only.

Sheet?
CALCULATIONS
Sprinkler Specifications PIVOT'll'
Sprinkler Type: Valley Model 8000 - 1219' Pivot
Nozzle Type: Nelson R31000,D4 Package
Sprinkler Pressure: 20-24 pi
Flowrate(GPM): 350 gpm
Wetted Diameter: NA feet
Dane Spacings
Desired Spacing (%): NA
Design Spacing(feet): NA
Actual Spacing (feet): NA
Actual Spacing (%): NA
Application Rate
Traveller Speed
Desired app. (in.) =
Mainline Veloci
*PVC irrigation pipe normally comes in 20' pieces,
so round to the nearest multiple of 20.
feet
*SEE NELSONNALLEY SPRINKLER
PACKAGE MATERIAL
0.5 inches *SEE NELSONNALLEY SPRINKLER
PACKAGE MATERIAL
Velocity = .408 x Flowrate 1 pipe diameter squared feettsec.**
"For buried pipelines, velocity should be below 5 feet per second
Pipe size: 6 inches
Velocity-- 3.97 ft/sec.
Page 1

Sheet7
Maximum Mainline Friction Loss
Most distant hydrant: 11
Total distance: 890 feet
Fricdon Loss is figured using HaxenNVIIIiam's Equation
Friction Loss= 0.81 feet/100 feet
Max. Mainline Loss = 7.3 feet or 3.1 psi
Total Dvnamic Head
Pivot End Pressure
20 psi
Loss trough Pivot
2.7 psi
Elevation head:
6 psi
Mainline loss:
3.1 psi
Suction head and lift
4.5 psi
TOTAL(TDH) a
36.3 psi or
Horsepower Required
Horsepower = Flowrate x TDH(feet) / 3960 / Pump effeciency
Pump Description: Berkeley B3TPM
Pump Efficiency: 77 %
Horsepower Required: 9.6 Hp
Thrust Blocking
Thrust Block Area = Thrust / Soil Bearing Strength
Thrusts
4200 feet
Soil Bearing Strength:
1200 feet
End Cap:
3.5 ft2
90 degree elbow:
4.9 ft2
Tee:
2.5 ft2
45 degree elbow:
2.7 ft2
83.9 feet
Pipe Pressure Rating Check
Pressure Rating of Pipe to be Used: 160 psi
Max. Pressure on system when running: 36.3 psi
70% of Pressure Rating: 112 psi
If Max. Pressure on system is less than 70% of Pressure Rating, OK
Not Positive SvOon Head Check
Page 2

Sheet8
ACREAGE CALCULATIONS
PIVOTS I & 11
CIRCLE K 11 FARMS
Degree of
JActual
!Acres d
13M nan
End Gun '01T 162--2t 189.7
Oggrafign
109
jAcres
57.41
I
End Gun On ---1---1-7--141 211.9.
146
85.9
Last Sprinklers'OfF 15721 166.0
28
12.91
!TOTAL ACRES =
1154.75
Field #1 --180 deqrees; of operation - 62 degrees end gun - 90 d"rees end Run 'on'
2&-de-g-reeil—ast s-pr—jn1ders'o-­fF- TOTAL —ACRES FIELD #1 - 98.5
1031p%rees of operation 47 degrees end gun'ofr - 56 degrees end
Field #2 47 degrees
gun 'on'
f6tk ACRES FIELD #2 7.7
6 tower Pivot
tj
.
�----Acres if
Degree of
T —ot a —I
--n 1219' 107.2
�d du760
t-
P-12--erabon
921
Acres
27.4
-
End Gu- -n* --dn7 12781 117.8
Last Sprinklers w 1 11691 98.6
`TOTAL ACRES
180
34
58.91
9.3
—
�.+75
1
Field 148 degrees of operation - 98 degrees end gun'ON', 60 degrees end gun'OFF
TOTAL ACRES FIELD 3 - 47 ACRES
Field #3-158degrees of operation - 82 degrees end gun 'ON 42 degrees end
34 degrees last sprinklers'OFF
gun 'OFF;
TOTAL ACRES FIELD 4 - 48.6 ACRES
T
Pivot "W - 7 tower Pivot
jAcres. if
Degree of
Total
L
1360 deg. IODeration
Acres
End Gun% 1363.2r
134.0
220�j
Page 1

SheetB
End Gun'On' 14391 149.31 1401 58.11
I TOTAL ACRES = 1 145.11
Page 2

MCDEN
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
David J. Kilpatrick,l3
Circle K Farms I & 11
401 Fox Ridge Rd.
Warsaw, NC 28398
Dear Mr. Kilpatrick:
Division of Water Quality
Coieen H. Sullins
Director
December 21, 2009
Dee Freeman
Secretary
Subject: Certificate of Coverage No. AWS310077
Circle K Farms I & II
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
In accordance with your renewal request, we are hereby forwarding to you this Certificate of -Coverage
(COC) issued to David J. Kilpatrick, H, 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 Circle K Farms I & H, located in Duplin County, with a swine animal capacity of
no greater than the following annual averages:
Wean to Finish: Feeder to Finish: 16992 Boar/Stud:
Wean to Feeder: Farrow to Wean: Gilts -
Farrow
Farrow to Finish: Farrow to Feeder: Other:RECT DEC 2 3 2009
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 AWS310077 that was previously issued to this facility. Pursuant to this
COC, you are authorized and required to operate the system in conformity with the conditions and
limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system
for collecting and maintaining the required monitoring data and operational information must be
established for this facility. Any increase in waste production greater than'the certified design capacity or
increase in number of animals authorized by this 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 kegpinaforms.
1636 Mail Service Center, ?alegh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Raleigh, North Carolina 27604 Oni
Phone; 919-733-3221 1 PAY,; 919.715-05881 Customer Service. 1-877-623-6749 1.N ofth Caroi ina
Intemet: www.rr[waterquality.org I /
YAn Equai OcDomniiy 1 Affirmative Action=mPinyer l

If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful
evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Per 15A NCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply
wells -shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A 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 fmal and binding.
In accordance with Condition 11.22 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 [phone], or by visiting their website at:
www.erh.noaa.gov/er/mhx/
This facility is located in a county covered by our Wilmington Regional Office. The Regional Office
Aquifer Protection Staff may be reached at [phone]. If you need additional information
concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at
[phone].
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. AWS310077)
AFO Notebooks
Murphy -Brown, LLC
-2-

4 0 .
NC®ENR
North Carolina Department.of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Govemor Director
July 31, 2009
David John Kilpatrick
Circle K Farm I & iI
Box 298
Kenansville, NC 28349
Subject: Application for Renewal of Coverage for Expiring State General Permit
Dear Permittee:
Dee Freeman
Secretary
This is a follow-up to our March 3, 2009 letter requesting an application from your facility for the continued coverage under one of the
Animal Waste Operation State Non -Discharge General Permits. Current General Permits expire on September 30, 2009. Copies of the
new General Permits are available at htty://h2o.enr.state.nc.uslaps/afoulayplications.htm or by writing or calling:
NCDENR — DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: [phone]
In order to assure your continued coverage under the State Non -Discharge General Permits, you must submit an application for permit
coverage to the Division. Enclosed you will find a `Request for Certificate of Coverage Facility Currently_ Covered by an Expiring
State Non -Discharge General Permit.' The application form must be completed and returned by September 3, 2009. Please note, you
must include two f2) copies of your most recent Waste Utilization_ Plan with the application form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel
free to contact the Animal Feeding Operations Unit staff at 919-733-3221.
Sincerely,
Ted L. Bush, Jr., Chief
Aquifer Protection Section
Enclosures �t+C
cc (w/o enclosures): Duplin County Soil and Water Conservation District
Wilmington Regional Office, Aquifer Protection Section AUG 0 4 200
AFO Unit Central Files - 310077
Maxwell Foods Inc BY
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636 One
Location: 2728 Capital Boulevard, Raleigh. North Carolina 27604 NorthCarohna
Phone: 919-73M2211 FAX 1: 919-715-05ft FAX 2: 919-715-60481 Customer Service: 1-877-623-6748 a j1 � //�
Internet: www.ncwatergualo.org � �I yr"
An Equal Opportunity 1 Affirmative Action Employer

Michael F. Easley, Governor
A rE�Qt;
0 lii� --,c
William G. Ross Jr., secretary
North Carolina Department of Envirunment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 1, 2007 DECEIVED
David John Kilpatrick
Circle K Farm I& II ,JUN 2 6 2007
Box 298
Kenansville, NC 28349 BY:
Subject: 'Certificate of Coverage No. AWS310077
Circle K Farm I & II
Animal Waste Management System
Duplin County
Dear David John Kilpatrick:
In accordance with your application received on 20-Dec-06, we are hereby forwarding to you this
Certificate of Coverage (COC) issued to David John Kilpatrick, 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 Circle K Farm, I & II, located in Duplin County, with an animal capacity of no
greater than the following swine annual averages:
Wean to Finish: 0 Feeder to Finish: 16992 Boar/Stud: 0
Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0
Farrow to Finish: 0 Farrow to Feeder: 0
If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows.
Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows
may be replaced by gilts at a rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES
COC issued to this facility with an expiration date of July 1, 2007. You are required to continue
conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension
in Condition M.19 does not apply. '
Pursuant to this COC, you are authorized and required to operate the system in conformity with the
conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An
adequate system for collecting and maintaining the required monitoring data and operational information
must be established for this facility. Any increase in waste production greater than the certified design
capacity or increase in number of animals authorized by this COC (as provided above) will require a
modification to the CAWMP and this COC and must be completed prior to actual increase in either
wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is
a package containing the new and revised forms used for record keeping and reporting. Please pay
careful attention to the record keeping and monitoring conditions in this permit.
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.newatergualitv.ore Location: 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer— 50% Recgded110% Post Consumer Paper
ONall Carolina
turally
Telephone: [phone]
Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

If your Waste Utilization Plan has been developed based on site -specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
_ laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon, abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
Y 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,
f -
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 AWS310077

a VI/ kD - A°s C� 6 P
r-TIMAL WASTE UTILIZATION PLAii'
Producer:
Location:
Telephone:
Type Operation:
Number of Animals:
(Design Capacity)
STORAGE STRUCTURE:
APPLICATION METHOD:
DAVID JOHN KILPATRICK 11
401 FOX RIDGE RD
WA.RSAW - NC 28398
910-293-4549
Expanding Feeder to Finish
11232.00 hogs
CEIVED
ii4N 0 4 2007
Anaerobic Waste Treatment Lagoon
Irrigation
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface water and/or
groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops
in the fields where the waste is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient.
Waste should be analyzed before each application_ cycle. Annual soil
tests are strongly encouraged so that all plant nutrients can be
balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner:
1. Always apply waste based on the needs of the crop to be grown
and the nutrient content of the waste. Do not apply more
nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration
rates, leaching potentials, cation exchange capacities, and
available water holding capacities.
3. Normally waste shall be applied to land eroding at less than
5 tons per acre per year. Waste may be applied to land
eroding at 5 or more tons per acre annually, but less than
10 tons per acre per year providing that adequate filter
strips are established.
4. Do not apply waste on saturated soils, when it is raining, 0--
when the surface is frozen. Either of these conditions may
result in runoff to surface waters which is not allowed
under DWQ regulations.
Page: 1

ANIMAL WASTE UTILIZATION PLAN
S. Wind conditions should also be considered to avoid drift and
downwind odor problems.
G. To maximize the value of the nutrients for crop production
and to reduce the potential for pollution, the waste should
be applied to a growing crop or applied -not more than 30
days prior to planting a crop or forages breaking dormancy.
Injecting the waste or disking will conserve nutrients and
reduce odor problems.
This plan is based on the waste application method shown above. If
you choose to change methods in the future, you need to revise this
plan. Nutrient levels for different application methods are not the
same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage
requirements should be based on the waste analysis report from your
waste management facility. In some cases you may want to have plant
analysis made, which could allow additional waste to be applied.
Provisions shall be made for the area receiving waste to be flexible
so as to accommodate changing waste analysis content and crop type.
Lime must be applied to maintain pH in the optimum range for specific
crop production.
This waste utilization plan, if carried out, meets the requirements
for compliance with 15A NCAC'2H .0217 adopted by the Environmental
Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.)
11232 hogs x 1.9 tons waste/hogs/year = 21340.8 tons
AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR
11232 hogs x 4.6 lbs PAN/hogs/year = 51667.2 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan
time and have appropriate equipment to apply the waste in a timely
manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
Page: 2

ANIMAL WASTE UTILIZATION PLAN
TABLE 1: ACRES OWNED BY PRODUCER
TRACT
FTE7D
SOIL TYPE & CLASS-
CROP
YIELD
LES
COMM N
**
* LES
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
APPLY
RSID.
APPLIC
METH
N
TIME
72365
2
FOA
C
120
135
15
57.98
7827.3
I
+MAR --
MUM
72365
1-2
IFOA
I55
1110
1 157.98�6377.8
MAR
72365
-2
DSB
57.98
6493.76
IFOA
128
I
1112
+JUN-
SEPT 15
72365
3
C
�FOA
1120
I
1135
115 1120.6�16291.8
+MAR-
JULY
72365
w
55
110
120.E
13274.8
1-3
IFOA
I
+OCT-
MAR
72365
DSB
120.E
13516.1
1-3
IFOA
128
T
�112
I+JUN-
SEPT 15
72365
4
280.8
IFOA
IC 1120
I
�135_
�15 �2.08
I+MAR-
JULY
72365
W
�-4
JFOA
�55
I
�110_
1 12.08
�228.8
+OCT-
MAR
72365
DSB
1-4
IFOA
�28
I
1112
1 12.08
�232.96
+JUN-
SEPT 15
72365
4
IFOA
BH
6.0
1300
1
13.08
924
I
+APR-
SEP
Page: 3

I
ANIMAL WASTE UTILIZATION PLAN
ND
i
TOTAL165448.1
V - Indicates that this field is being overseeded (i.e.
interplanted) or winter annuals follow summer annuals.
+ - Dates.shown reflect optimum uptake periods for nutrients. Waste
appilcation may begin up to thirty(30) days prior to planting or
green -up of forages, and extend past optimum dates shown if
plant growth, pumping conditions, and PAN loading rates permit_
NOTE: The applicator is cautioned that P and K may be over applied while
meeting the N requirements. In the future, regulations may
require farmers in some parts of North Carolina to have a
nutrient management plan that addresses all nutrients. This
plan only addresses nitrogen_
Page: 4

ANIMAL WASTE UTILIZATION PLAN
TABLE 2.: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate land.
See required specification 2.)
TRACT
FIELD
SOIL, TYPE & CLASS-
CROP
YIELD
LBS
COMM N
**
* I,BS
DETERMINING PHASE
CODE
AW N
PER
ACRES
AW N
PER AC
AC
USED
-----
or
------
APPLY
RESID.
APPLIC
METH'
N
TIME
END
TOTAL10
- - Indicates that this field is being overseeded (i.e. interplanted) or
winter annuals follow summer annuals.
f - Dates shown reflect optimum uptake periods for nutrients. Waste
application may begin up to thirty(30) days prior to planting or
green -up of forages, and extend past optimum dates shown if
plant growth, pumping conditions, and PAN loading rates permit.
** Acreage figures may exceed total acreage in fields due to
overseeding.
* lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
CROP CODE
CROP
UNITS
PER UNIT
BH
HYBRID BERMUDAGRASS-HAY
TONS
50
C
CORN
BUSHELS
1.25
DSB
DOUBLE CROPPED SOYBEANS
BUSHELS
4
W
WHEAT
BUSHELS
2
Page. 5

ANIMAL WASTE UTILIZATION PLAN
TABLE 1
TABLE 2
TOTAL
**
TOTALS FROM TABLES 1 AND 2
WETTABLE
_ACRES
183.82
LBS AW N USED
65448.18
0
0
183.82
65448.18
* BALANCE
-13780.98
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Page: 6

ANIMAL WASTE UTILIZATION PLAN
*** This number must be less than or eoual to a _ order -Lo fully
utilize the animal- waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than
the acres shown in the tables.
See attached map showing.the fields to be used for the utilization of
animal waste.
SLUDGE APPLICATION:
The waste utilization plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient
rich and will require precautionary measures to prevent over application
of nutrients or other elements. Your production facility will produce
approximately 4155.84 pounds of plant available nitrogen per year in the
sludge.
If you remove the sludge every 5 years, you will have approximately 20779:2
pounds of PAN to'utilize. Assuming you apply this PAN to hybrid
bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you
will reed 69.264 acres of land. If you apply the sludge to corn at
the rate of 125 pounds of nitrogen per acre, you will need 166.2336 acres
of land. Please be aware that these are only estimates of the PAN and
land needed. Actual requirements could vary by 25% depending on your
sludge waste analysis, soil types, realistic yields, and application
methods.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of the
soil at the time of irrigation such that runoff or ponding occurs. This
rate is limited by initial soil moisture content, soil structure, soil
texture, water droplet size, and organic solids. The application amount
should not exceed the available water holding capacity of the soil at the
time of irrigation nor should the plant available nitrogen applied exceed
the nitrogen needs of the crop.
If surface irrigation is the method cf land application for this plan,
it is the responsibility of the producer and irrigation designer to ensure
that an irrigation system is -installed to properly irrigate the acres
shown in Tables 1 and 2. Failure to apply the recommended rates and
Page: 7

ANIMAL WASTE UTILIZATION PLAN
amounts o- nitrogen shown in the tables may make this plan invalid.
The zollowing table is provided as a guide Lor establishing application
rates and amounts.
i
I
iApplication
RatelApplic. Amount
Tract i
Field f
Soil Type
i Crop
i (in/hr)
(inches)
72365 i
2 i,
FOA
i C
I 50
i *1.0
72365 1
3 I
FOA
i C
i .50
I *1.0
72365 i
s i
FOA
i C
f .50
i *1.0
72365
4
FOA
Bg
i .50
i
I *1.0
72365 I
--2 i
FOA
i DSB
i .50
*1.0
72365
--2 i
FOA
i W
i .50
i *1.0
72365
-3 i
FOA
I
DSB
I
.50
*1.0
72365
i --3 I
FOA
I W
i .50
i *1.0
72365
--4 I
FOA
DSB
i .50
i *1.0
72365
� I
i -a i
FOA
�
i W
i .50
Page: 8

ANIMAL WASTE UTILIZATION PLAN
* This is the maximum application amount allowed for the soil
assuming the amount of nitrogen allowed for the crop is not over
applied_ In many situations, the application amount shown cannot
be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil
conditions.
Your facility is designed for 180.00 days of temporary storage and
the temporary storage must be removed on the average of once every
6.00 months. In no instance should the volume or the waste be stored
in your structure be within the 25 year 24 hour storm storage or one
foot of freeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and waste applicator to
ensure that the spreader equipment is operated properly to apply the
correct rates to the acres shown in Tables 1 and 2. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may
make this plan invalid.
Call your technical specialist aster you receive the waste analysis
report for assistance in determining the amount of waste per acre and
the proper application rate prior to applying the waste.
NARRATIVE OF OPERATION
THIS WUP IS WRITTEN BASED ON A WETTED ACRES DESIGN FURNISHED BY MR
KILPATRICK(SEE ATTACHED TABLE 2 FOR PULLS AND ACRES). HYDRANT PULLS 2-I1
THROUGH 4Y ARE USED FOR THIS OPERATION. MR KILPATRICK MUST DIVIDE THE 183.82
ACRES IN THIS PLAN IN HALF TO BEST FACILITATE THE NUTRIENT NEEDS FOR THIS
FARMING OPERATION. THAT MEANS THAT APPROXIMATELY 91.9 ACRES WILL BE PLANTED
EACH SUMMER IN CORN AND SOYBEANS.
Page: 9

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
_. -,-,nimal wash shall not reach SL'rI- - waters Of the state by
runoff, dri==, manmade conveyances, direct application, or
direct discharge during operation or land application. Any
discharge o waste which reaches surface water is prohibited.
2. There must be documentation in the design folder that the
producer either owns or has an agreement for use of adequate
land on which to properly apply the waste. If the producer does
not own adequate land to properly dispose of waste, he/she shall
provide a copy of an agreement with a landowner who is within a
reasonable proximity, allowing him/her the use of the land for
waste application. It is the responsibility of the owner of the
facility to secure an update of the Waste Utilization Plan when
there is a change in the operation, increase in the number of
animals, method of utilization; or available land.
3. Animal waste shall be applied to meet, but not exceed, the
nitrogen reeds 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.
9. Animal waste shall be applied on actively growing crops in such
a manner thaw the crop is not covered with waste to a depth that
would inhibit, growth. The potential for salt damage from animal
waste should also be considered.
Page: 10

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
0. ,Taste ni.ltrients Shall not be applied In fall or winter 'for
spring planted crops on soils with a high potential for
leaching. Waste nutrient loading rates on these soils should be
held to a minimum and a suitable winter cover crop planted to
take up released nutrients. Waste shall not be applied more
than 30 days prior to planting of the crop or -forages breaking
dormancy.
11. Any new swine facility sited on or after October 1, 1995 shall
comply with the following: The outer perimeter of the land area
onto which waste is applied from a lagoon that is a component of
a swine farm shall be at least 50 feet from any residential
property boundary and from any perennial stream or river (other
than an irrigation ditch or canal. Animal waste other than
swine waste from facilities sited on or after October 1, 1995),
shall not be applied closer than 25 feet to perennial waters.
(See Standard 393 - Filter Strips).
12. Animal waste shall not be applied closer than 100 feet to
wells.
13. Animal waste shall not be applied closer than 200 feet of
dwellings other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property
and public right-of-ways.
15. Animal waste shall not be discharged into surface waters,
drainageways, or wetlands by a discharge or by over -spraying..
Animal waste may be applied to prior converted cropland provided
they have been approved as a land application site by a
"technical specialist". Animal waste shall not be applied on
grassed waterways that discharges directly into water courses, -
and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from
the site.
16. Domestic and industrial waste from washdown facilities,
showers, toilets, sinks, etc., shall not be discharged into the
animal waste management system.
17. A protective cover of appropriate vegetation will be
established on all disturbed areas (lagoon embankments, berms,
pipe runs, etc.). Areas shall be fenced, as necessary, to
protect the vegetation. Vegetation such as trees, shrubs, and
other woody species, etc., are limited to areas where considered
appropriate. Lagoon areas should be kept mowed and accessible.
Berms and structures should be inspected regularly for evidence
of erosion, leakage or discharge.
Page: 11

WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
IS. Tf animal production at the facility is to be suscended or
zerminated, t:he owner is responsible for obtaininc and
implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19. Waste handling structures, piping, pumps, reels, etc., should
be inspected on a regular basis to prevent breakdowns, leaks,
and spills. A regular maintenance checklist should be kept on
site.
20. Animal waste can be used in a rotation that includes vegetables
and other crops for direct human consumption. However, if
animal waste is used on crops for direct human consumption it
should only be applied preplant with no further applications of
animal waste during the crop season.
21. Highly visible markers shall be installed to mark the top and
bottom elevations of the temporary storage (pumping volume) of
all waste treatment lagoons. Pumping shall be'managed tc
maintain the liquid level between the markers. A marker will
be required to mark the maximum storage volu-ne for waste
storage ponds.
22. Waste shall be tested within 60 days of utilization and soil
shall be tested at least annually at crop sites where waste
products are applied. Nitrogen shall be the rate - determining
element. Zinc and copper levels in the soils shall be
monitored and alternative crop sites shall be used when these
metals approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste
analysis records shall be kept for five years. Poultry dry
waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be
maintained for five (5) years.
23. Dead animals will be disposed of in a manner that meets North
Carolina regulations.
Page: 12

ANIMAL WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm:CKi&II 13&14(31-77)
Owner/Manager Agreement
I (we) understand and will follow and implement the specifications
and the operation and maintenance procedures established in the
approved animal waste utilization plan for the farm named above. I
(we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new
facilities will require a new certification to be submitted to the
North Carolina Division of Water Quality (NCDWQ) before the new
animals are stocked. I (we) also understand that there must be no
discharge of animal waste from this system to surface waters of the
state from a storm event less severe than the 25-year, 24-hour
storm. The approved plan will be filed on -site at the farm office
and at the office of the local Soil and Water Conservation District
and will be available for review by NCDWQ upon request.
Name of Facility Owner: DAVID JOHN KILPATRICK II
(Please print)
Signature: Date: -� _0
Name of Manager(If d�gfq,;:er' from owner) .
Signature:>�-��� Date:
Name ofP9713on Pre pXring Plan: (Please print)BILLY W. HOUSTON
AffiliaEion:DUPLIN SOIL AND WATER CONSERVATION DISTRICT
Phone No. 910-296-2120
Address (Agency): PO BOX 219
KENANSVILLE NC 28349
Signature: Date:
Page: 13

DAVID JOHN KILPATRICK, 11
EXHIBIT D-2
TABLE 2 - Traveling Irrigation
Gun Settings
Make, Model
and Type
of Ecluiprnent:
Nelson P200
SR Gun with an ABI 125
AT 1450 Reel
Nelson P150
SR Gun with an ABI 90
AT 984 Reel
1"App,
Computed
EQUIPMENT
SETTINGS
Field No.
Travel
Application
TRAVEL LANE
Flow
Wetted
Nozzle
Operating
Operating
Arc
and
Speed
Rate
Effective
Effective
Effective
Rate
Diameter
Diameter
Pressure
Pressure
Pattern
Hydrant No
(ft.hnin)
(in./hr.)
Width (ft)
Length (ft)
Area (acre)
(gpm)
(feet)
(inches)
at Gun(psi)
at Reel(psi)
(degrees)
Comments
1-A1
1,72
0.37
260
804.5
4�9 6,��
279
356
1.29
75
97
320
P200 Gun
1-A2
1,72
0.37
260
1394.6
8.32
279
356
1.29
75
97
320
P200 Gun
1-B1
1.72
0.37
260
103� 4 8
6.18
279
356
1.29
75
97
320
P200 Gun
1-132
1.72
0.37
260
1386.5
8,28
279
356
1.29
75
97
320
P200 Gun
1-Cl
1.72
0 37
260
1L96.8
7,14
279
356
1.29
75
97
320
P200 Gun
1-C2
1.72
0.37
260
1468.0
8.76
279
356
1.29
75
97
320
P200 Gun
1-D1
1.72
0.37
260
499.4
2.98
279
356
1.29
75
97
320
P200 Gun
1-D2
DI!
1.72
0,37
260
1472.7
8.79
279
356
1.29
75
97
320
P200 Gun
1-E1
1.72
0,37
260
608.5
4.17
279
356
1.29
75
97
320
P200 Gun
1-E2
1.87
0.37
240
1451.4
8.00
279
356
1.29
75
97
320
P200 Gun
1-F1
1,72
0.37
260
904.8
5.40 t, :;`,'
279
356
1.29
75
97
320
P200 Gun
jjzF2
1.87
0.37
240
1343.3
7.40
279
356
1,29
75
97
320
P200 Gun
1-G1
1.72
0.37
260
121�1-9
7.23
279
356
1.29
75
97
320
P200 Gun
1-G2
1.87
0.37
240
1215.7
6.70
279
356
1.29
75
97
320
P200 Gun
1 H1
1.72
0.37
260
1.0
7.22
279
356
1.29
75
97
320
P200 Gun
�+ .r)�3
1 H2
1.87
0.37
240
1,085.9
5.98
279
356
1.29
75
97
320
P200 Gun
2-11
1,72
0.37
260
1221.6
7.29
279
356
1.29
75
97
320
P200 Gun
2-12
1.87
0,37
240
1015.0
5.59
279
356
1.29
75
97
320
P200 Gun
2-J1
1.72
0,37
260
1230.6
7.35 ,
279
356
1.29
75
97
320
P200 Gun
2-J2
1.87
0,37
240
77i 7.7
4.34
279
356
1.29
75
97
320
P200 Gun
2-K1
1.72
0,37
260
1237.1
7.38
279
356
1.29
75
97
320
P200 Gun
2-K2
1.87
0.37
240
424.5
2.34
279
356
1 29
75
97
320
P200 Gun
2-1-
1,72
0.37
260
1327.5
7,92
279
356
1,29
75
97
320
P200 Gun
2-M
1*.72
0,37
260
1325.6
7.91
279
356
1,29
75
97
320
P200 Gun
GK 2-N
1.72
0.37
260
1316.8
7.80,
279
356
1.29
75
97
320
P200 Gun
cv+ � 3-01
1.37
0.39
240
1050.0
5,79
205
300
1.18
50
110
320
P150 Gun
t►� 3-02
1.37
0.39
240
977.8
5.39
205
300
1.18
50
110
320
P150 Gun
I i_
3-P1
1.59
037
290
1338.6
8.91
288
362
1.29
80
103
320
P200 Gun
3-P2
1.59
0.37
290
961.4
6.40
288
362
1,29
80
103
320
P200 Gun
3-Q1
1.59
0,37
290
1338.6
8.91
288
362
1.29
80
103
320
P200 Gun
3-02
1.59
0.37
290
961.7
6.40
288
362
1.29
80
103
320
P200 Gun
3-R1
1.59
0,37
290
1538.6
10.24
288
362
1.29
80
103
320
P200 Gun
3-R2
1.59
0,37
290
961.1
6.40
288
362
1.29
80
103
320
P200 Gun
3-S1
1.59
0.37
290
1538.6
10.24
288
362
1.29
80
103
320
P200 Gun
3-S2.
1.59
0.37
290
958.2
5.38
288
362
1,29
80
103
320
P200 Gun
/i

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O ~-'
Apnl 21, 2006
CERTIFIED MAIL 7005-0390-0001-3199-9024
RETURN RECEIPT REQUESTED
David J. Kilpatrick
401 Fox Ridge Road
Warsaw, NC 28398
Re: Request for Information
Sludge Survey Report
Circle K Farm 1 & 11
NCA231077
Duplin County
Dear David J. Kilpatrick:
Alan W, Klimek, P_£- Director
Division of Water Quality
Your Animal Waste Management General NPDES Permit contains a condition
that addresses the sludge survey requirement for the lagoon(s) at your animal
feeding operation.
Your NPDES Permit Number NCA231077 Condition I11.16, on page 10 states:
"All facilities, which are issued a COC to operate under this permit, shall conduct
a survey of the sludge accumulation in all lagoons within one (1) year of receiving
the COC and every year thereafter. This survey shall include but not be limited to
a sketch showing the depth of sludge in the various locations within each lagoon.
This survey shall be submitted as part of the facility's annual report in the year it
was conducted..."
Our records indicate that the Division has not received the sludge survey results
for the year 2005 from your facility and your facility had not previously exempted
based on prior surveys. The form was due March 1, 2006. To avoid possible
enforcement action for a violation of your permit, please submit the results within
thirty (30) days of receipt of this letter to the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Aquifer Protection Section 1636 Mail Service Center
Intemet: www.ncwaterguality.org Location: 2728Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper
NN r Carolina
,Xatura!!y
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

�rLJ
0
o-
n-
Q-
m
0
0
0
0
Er
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0
C3
0
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Davy'. J. Kilpatrick
Page 2
4/21 /2006
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at 910-796-7215.
cc: Paul Sherman
WIRO File
is
Yours Very Truly,
03c) 1, a�p�-
Charles F. Stehman, PH.D, P.G.
Environmental Regional Supervisor 11

I
! -%
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
i) so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the ffront if space permits.
Ardde Addisssed to:
A. SlgnpA(e .,, ,
S. Received by (Prfnted Name) C.
Date of
,
"I Z
D. Is ddmy address different from item 1 T ❑ Yes
if YES, enter delivery address below: ❑ No
r .
3. Type
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2. Article Nu (r Md'erfromsemcerenal) rfi i7El[]5 Q39a' bob !'3199 9024 !
I
! P5 Form 3811, February 2004 DamesUC Return Receipt - - — iaul tseot
i

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 1, 2006
CERTIFIED MAIL 7005-0390-0001-3199-7778
RETURN RECEIPT REQUESTED
Mr. David J. Kilpatrick II
401 Fox Ridge Rd.
{' Warsaw, NC 28398
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Case No. NOV-2006-PC-0129
Circle KFarm 1&I1
NPDES Permit No.NCA231077
Duplin County
Dear Mr. Kilpatrick:
Alan W_ Klimek, P_17. Director
Division of Water Quality
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition I11.12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www_ncwaterquality-org Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50% Recy0ed110% Post Consumer Paper
NorthCarolina
Naturally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service: [phone]

U.S. Postal ServiceTA, -
CERTIFIIsom," i RECEIPT
{D�mestic Mail Orrly; No insurance Coverage Provided)
Ir
For delivery information visit our we6site at www.usps.com3 _
#) -J -E
Retum Receipt Fee � He
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rn
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or PO Box No. i r
F
��4 •
AIK
i
PS Form 38UU, June ?002 See Reverse tar Instructions
N Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
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or on the front 'if space permits.
1. ArUc% �`ddclm sed to:
Jam-, �
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❑ Addressee
B. Received ( Printed ) C. Data of Delivery S
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D. is delivery address different tram item 11 Yes
if YES, enter daiwery address below: ❑ No
,PC
3. Type I
Certified Mau ❑ Exprass Mail E
Registered ❑ Retum Recetpt for Merdwifte
❑ Insured Mail ❑ C.O.D.
4.- Restricted DeIWW (Extra Fee) ❑ Yes
2. Artida Number '� T T : r - —r. ? 7
(Fmrrsfer from vice ti t t' 7 0 0 5' r
ser0 3 9 0''0 0 01' 319 9 I77 7 8 ;
PS Form 3811, February 2004 Domestic Retum Receipt toz5sroz tMtsao'

1
Mr. Kilpatrick
Page 2
May I, 2006
enforcement action for a violation of your permit, return by fifteen (15) days to
the following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned within fifteen (I5)working of
the receipt of this notice. The Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000 per day per violation. Information
submitted will be reviewed and, if enforcement is still deemed appropriate, will be
forwarded to the Director with the enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at [phone] or Miressa D. Garoma at [phone]
Sincerely,
i
Charles F. Stehman, Ph.D., P.G.
Aquifer Protection Regional Supervisor
cc: Facility File 31-77
APS Central Files
Goldsboro Hog Farms
Division of Soil and Water, Wilmington Regional Office
Duplin County Soil and Water Conservation District

Michael F. Easley, Governor 0 ,
4
MAY 0 6 2003f
j 111
David John Kilpatrick H
Circle K Farm I & 11
40I Fox Ridge Rd
Warsaw NC 28398
Dear David John Kilpatrick H:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 1, 2003
Alan W. Klimek, P. E., Director
Division of Water Quality
Subject: Certificate of Coverage No. NCA231077
Circle K Farm I & II
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
On March 14, 2003, the North Carolina Division of Water Quality (Division) issued an NPDES General
Permit for swine facilities. The General Permit was issued to enable swine facilities in North Carolina to
obtain coverage under a single permit that addresses both State and Federal requirements.
In accordance with your application received on April 30, 2003, we are hereby forwarding to you this
Certificate of Coverage (COC) issued to David John Kilpatrick II, authorizing the operation of the subject
animal waste collection, treatment, storage and land application system in accordance with NPDES
General Permit NCA200000. The issuance of this COC supercedes and terminates your COC Number
AWS310077 to operate under State Non -Discharge Permit AWG100000.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Circle K Farm I & 11, located in Duplin County, with an animal capacity of no
greater than an annual average of 16992 Feeder to Finish swine and the application to land as specified
in the facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or
Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary,
they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a
rate of 4 gilts for every 3 sows
The COC shall be effective from the date of issuance until July 1, 2007. Pursuant to this COC, you are
authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC_ An adequate system for collecting
and maintaining the required monitoring data and operational information " must beestablished for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed General Permit. Since this is a new joint State and
Federal general permit it contains many new requirements in addition to most of the conditions contained
in the current State general permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please pay careful attention to the record kee in
and monitoring conditions in this permit. The Devices to Automatically Sto Irrigation Events Form
must be returned to the Division of Water Qualfty no later than 120 days following receipt of the
Certificate of Coverage. The Animal Facility Annual Certification Form -must be comRleted and returned
to the Division of Water Qualityby no later than March 1st of each year.
AwMA
ENMER
Non -Discharge Permitting Unit Internet httpJ/h2o.enr.state.nc.us/ndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
Customer Service Center Telephone [phone]
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If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained between water supply wells and any lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C, the Clean Water Act and 40 CFR 122.41 including civil penalties, criminal
penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A namelownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual NPDES Permit by contacting the staff member listed below for information on
this process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Wilmington Regional Office. The Regional Office
Water Quality Staff may be reached at [phone]. If you need additional information concerning
this COC or the General Permit, please contact Sue Homewood at [phone] ext. 502.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit NCA200000, Record Keeping and Reporting Package)
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
V Amk gton,RegronaIaGffrce, Water--QualiiySFaion�
Duplin County Soil and Water Conservation District
Permit File NCA231077
Permit File AWS310077
NDPU Files

PRODUCER:
LOCATION:
TELEPHONE:
TYPE OPERATION:
David John Kilpatrick
401 Fox Ridge Rd.
Warsaw, NC 28458
[phone]
Feeder - Finish
NUMBER ORANIMALS: 16992
(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 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 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.
Page 1

Sheet6
Narrative of Irrigation System Operation
This system design is for 2 Valley Model 8000 pivots, with lengths of 1219'(Pivot 11), and 1622'(Pivot 1).
These pivots will replace the use of hardhose travellers on this farm. Pivot I will operate in a 283 degree range.
This travel path is divided into two fields reflecting the growers planned cropping paterns. Field #1 as
shown on the drawing is 180 degrees, with an acreage of 98.5. Field #2 as shown is 103 degrees, with
an acreage of 57.7. Pivot II will operate within a 306 degree range. This travel path is also divided into two
fields reflecting the growers planned cropping patterns. Field 3 as shown on the drawing, is 148 degrees, with
an acreage of 47.0. Field 4 as shown on the drawing is 158 degrees, with an acreage of 48.6.
Once again, no traveller pulls are included in this design, or the acreage.
Application ammounts can be varied on either machine down to .1" of application. For puposes of
this design, no single application event should exceed .5".
As with any pivot, application rates may exceed recommended soil application rates, however, limiting total
applications to <.5" will offset this parameter.
Water may be transferred between lagoons 1,2, and 3, however, lagoon 2 should always supply Pivot T.
Refer to owner's manuals of pumps and pivots for startup, winterization, and maintanence schedules.
Pivot 'I' should be supplied by the Berkeley B4 pump only. Pivot 'll' should be supplied by the Berkeley B3
pump only.

����� _ �VYAS� =E�°UTILIZ�A�TION�PLAN � - � ��; • ����; ���
Amount of Waste Produced Per Year (gallons. ft. tons. etc.)
16,992 animals X 112 (tons) waste/animallyear = 32,285 (tons) waste/year.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
16,992 animals X 2-a lbs. PAN/animallyear = 39,082 lbs. PAN/year. (PAN from N.C.
Guide Std. 633) Tech
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:
Tract Field* Soil Crop
ACRES OWNED BY PRODUCER
L.bs. N Acres Lbs. N Month of
# No. Type Per Acre Utilized Application
*see page 10
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 midst bebased on realistic yield ernectation.
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 Caroline 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 Specifcation 2])
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
IF Ivo. i ype Per Acre Utilized Hplancation
Total
' See footnote for Table 1.
Totals from above Tables
Acres Lbs. N
Utilized
Table 1 0A0 -
Table 2 251.80 89,893
Total 251.80 89,893 'two year removal
Amount of N Produced 78,164 'two year production
Surplus or Deficit (11,729)
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.
Field Soil Type
No. -
Application of Waste by Irrigation
Crop Application Application
Rate (ln/Hr) Amount (in.)
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.
Your facility is designed for JM 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
iwaste being stored in your structure exceed Elevation *see lagoon design.
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:
Acres shown are 'irrigated' acres with two Valley Pivots. All lagoons on the farm are connected.
Grower should follow a corn, wheat, soybean rotation on all land. For management purposed,
2 fields should be in corn, 2 in soybeans each year.
Page 4

if. �A.4 �.-�Tr - .�- '�4 �'�'�r—'�✓'J m �ax't�=r�+Enscrwur r-.. E
1TIbIZAMIka N PL , -ate
REQUIRED SPECIFICATIONS
1 Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields based on soil type, available moisture, historical idata, 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_
Page 5

#� �' 1111ASTE- UT L A ION P I:4 Y =Y-
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 not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted 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 courses 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.
Page 6

REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18 If, animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste,
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage. (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7

WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: David John Kilpatrick II
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: David John Kilpatrick II
(Please print)
Signature: Date:
Name of Man er (If different from owner):
Signature:
Date:
Name of Technical Specialist: (Please print) Kraig A. Westerbeek
Affiliation: Private
Address (Agency): 1635 W. Wards Brid
Warsaw. NC 283ge
Signatl
Date:
3 a p 1

Nbet1
IRRIGATION SYSTEM DESIGN PARAMETERS
Landowner/Operator Name: David John Kilpatrick II
Address: 401 Fox Ridge Rd.
Warsaw, NC 283989
Telephone: [phone]
Table 1 - Field Specifications
County: Duplin
Date: 3/12101
Approximate Maximum
Maximum Maximum Application
Useab;e Size Application per Irrigation
Field of Field Rate Cycle
NirmhPr (arrP.) Snit Tin(- Slnn(- % Crnn(sl (Inlhrl (inch(-.) Commnnt.
0
':
••
®
�• ••
1ism-on

Table 9: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Tvpe Per Acre* Utilized Application
0
•'
�®MEN
'
®�
. •
. . - -
®
A • •
. .
TOTAL 251.8 89,893
Page 10

Sheet4
TABLE 4 - Irrigation System Specifications
Pivot
Pivot
file
,IIIB
Flow Rate of Sprinkler (gpm)
900
350
Operating Pressure at Pump (psi)
48.6
36.3
Design Precipitation Rate (inlhr)
NA
NA
Hose Length (feet)
NA
NA
Type of Speed Compensation
NA
NA
Pump Type (PTO, Engine, Electric)
Electric
Electric
Pump Power Requirement (hp)
31.1
9.6
TABLE 5 - Thrust Block Specifications
THRUST BLOCK
LOCATION
AREA (sq. ft.)
90 degree bend
4.94
Dead End
3.5
Tee
2.45
Gate Valve
3.5
45 degree bend
2.66
`see calculations
Page 1

Sheet5
IRRIGATION) 5YST1=M DtSIGNER
Name: Kraig Westerbeek
Company: Private
Address: 1635 W. Wards Bridge Rd. Warsaw, NC 28458
Phone: [phone]
Required Documentation
The following details of design and materials must accompany all irrigation designs:
1. A scale drawing of the proposed irrigation system which includes hydrant locations, pipelines, thrust,block locations and buffer areas where applicable.
2. Assumptions and computations for determining total dynamic head and horsepower requirements.
3. Computations used to determine all mainline and lateral pipe sizes:
4, Sources and/or calculations used for determining application rates.
5. Computations used to determine the size of thrust blocks and illustrations of all thrust block configurations required in the system
8. Manufacturer's specifications for the irrigation pump, traveler and sprihkter(s).
7. Manufacturer's specifications for the irrigation pipe and/or USDA-NRCS standard for IRRIGATION WATER CONVEYANCE.
8. The 'information required by this form are the minimum requirements. tt is the responsibility of the designer to consider all relevant factors at a particular site and
address them as appropriate.
9. Irrigation pipes should not be installed in lagoon or storage pond embankments without the approval of the designer.
NOTE: A buffer strip of 50' or wider must be maintained between the 3imils of the irrigation system and all
perennial streams and surface waters per NC Statutes.

It . .
Sheet7
CALCULATIONS
Sorinhier SoeQifications PIVOT T
Sprinkler Type: Valley Model 8000 - 1622' Pivot
Nozzle Type: Nelson R31000,D4 Package
Sprinkler Pressure: 20-36 pi
Flowrate(GPM): 900 gpm
Wetted Diameter: NA feet
Lane 5pacincis
Desired Spacing (%): NA %
Design Spacing(feet): NA "PVC irrigation pipe normally comes in 20' pieces, -
so round to the nearest multiple of 20.
Actual Spacing (feet): NA feet
Actual Spacing (%): NA %
Aopiication Rate
E
"SEE NELSONNALLEY SPRINKLER
PACKAGE MATERIAL
Traveller Speed
Desired app. (in.) = 0.5 inches 'SEE NELSONNALLEY SPRINKLER
PACKAGE MATERIAL
Velocity
Velocity = .408 x Flowrate / pipe diameter squared feet/sec.'"
**For buried pipelines, velocity should be below 5 feet per second
Pipe size: 8 inches
Velocity= 5.74 ft/sec.
Page 1

Sheet7
Maximum Mainline Friction Loss
Most distant hydrant:
Total distance: 700 feet
Friction Loss is figured using Hazen/William's Equation
Friction Loss= 1.15 feet/100 feet
Max. Mainline Loss = 8.1 feet or 3.5 psi
Total Dynamic Head
Pivot End Pressure 20 psi
Loss trough Pivot: 14.63 psi
Elevation head: 6 psi
Mainline loss: 3.5 psi
Suction head and lift: 4.5 psi
TOTAL(TDH) = 48.6 psi or 112.3 feet
horsepower Required
Horsepower = Flowrate x TDH(feet)13960 / Pump effeciency
Pump Description: Berkeley B4GPBH
Pump Efficiency: 82 %
Horsepower Required: 31.1 Hp
Thrust Blocking
Thrust Block Area = Thrust 1 Soil Bearing Strength
Thrust: 5000 feet
Soil Bearing Strength: 1.200 feet
End Cap: 4.2 ft2
90 degree elbow: 5.9 ft2
Tee: 2.9 ft2
45 degree elbow: 3.2 ft2
Pipe Pressure Rating Check
Pressure Rating of Pipe to be Used: 160 psi
Max. Pressure on system when running: 48.6 psi
70% of Pressure Rating: 112 psi
-if Max. Pressure on system is less than 70% of Pressure Rating, OK
Net Positive Suction Head Check
Page 2

Sheet7
CALCULATIONS
Sprinkler if' i PIVOT'll'
Sprinkler Type: Valley Model 8000 - 1219' Pivot
Nozzle Type: Nelson R3f 000,D4 Package
Sprinkler Pressure: 20-24 pi
Flowrate(GPM): 350 gpm
Wetted Diameter NA feet
Lane Spacings
Desired Spacing (%): NA %
Design Spacing(feet): NA 'PVC irrigation pipe normally comes in 20' pieces,
so round to the nearest multiple of 20.
Actual Spacing (feet): NA feet
Actual Spacing (%): NA %
Application Rate
4
"SEE NELSON/VALLEY SPRINKLER
PACKAGE MATERIAL
Desired app_ (in.) 0.5 inches _ *SEE NELSONIVALLEY SPRINKLER
PACKAGE MATERIAL
Mainline Veloci
Velocity = .408 x Flowrate / pipe diameter squared feeYsec.*"
"For buried pipelines, velocity should be below 5 feet per second
Pipe size: 6 inches
Velocity= 3.97 ft/sec.
Page 1

Sheet?
11 mIrnum Mainline I"rictign Loss
Most distant hydrant: II
Total distance: 890 feet
Friction Loss is figured using HazenMilliam's Equation
Friction Loss= 0.81 feet/1.00 feet
Max. Mainline Loss = 7.3 feet or 3.1 psi.
Total Dynamic Head
Pivot End Pressure 20 psi
Loss trough Pivot; 2.7 psi
Elevation head: 6 psi
Mainline loss: 3.1 psi
Suction head and lift: 4.5 psi
TOTAL(TDH) = 36.3 psi or 83.9 feet
Horsepower Required f
Horsepower = Flowrate x TDH(feet)13960 / Pump effeciency
Pump Description: Berkeley B3TPM'
Pump Efficiency: 77 %
Horsepower Required: 9.6 Hp
lbast Blocking
Thrust Block Area = Thrust 1 Soil Bearing Strength
Thrust: 4200 feet
Soil Bearing Strength: 1200 feet
End Cap: 3.5 ft2
90 degree elbow: 4.9 ft2
Tee: 2.5 ft2
45 degree elbow: 2.7 ft2
Pipe Pressure Rating Check
Pressure Rating of Pipe to be Used: 160 psi
Max. Pressure on system when running: 36.3 psi
70% of Pressure Rating: 112 psi
-if Max. Pressure on system is less than 70% of Pressure Rating, OK
Net Positive Suction Head ChhQgk
Page 2

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`o�oF w a
CO r
0
David John Kilpatrick II
Circle K Farm I & H
401 Fox Ridge Rd
Warsaw NC 28398
Dear David John Kilpatrick II:
1 ti.
3 f
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 28, 2002
Subject: Certificate of Coverage No. AWS310077
Circle. KFarm I&II
Swine Waste Collection, Treatment,
Storage and Application System
Duplin County
In accordance with your request to combine John Kilpatrick CKII 5-12 and Circle K Farm I & II
received on May 21, 2002, we are forwarding this Certificate of Coverage (COC) issued to David John
Kilpatrick II, authorizing the operation of the subject animal waste collection, treatment, storage and
land application system in accordance with General Permit AWG100000. This approval shall consist of
the operation of this system including, but not limited to, the management of animal waste from the
Circle K Farm I & II, located in Duplin County, with an animal capacity of no greater than 16,992
Feeder to Finish and the application to land as specified in the Certified Animal Waste Management
Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003 and shall hereby void COCs
Numbered AWS310723 dated June 26, 1998 and AWS310077 dated June 26, 1998. 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.
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.
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 -
A WA
Non -Discharge Permitting Unit Internet httpJ/h2o_enr_nc.state.us/ndpu imm
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone 1 800 62a-7748
An Equal Opportunity Action Employer 50% recycled110% post -consumer paper

t�
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 [phone]. If you need additional information concerning this COC or the
General Permit, please contact Michelle Barnett [phone] ext. 544.
Sincerely,
l
i
_ -_-, Alan W. Klimek, P.E.
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
eW.}rrnnalQgtogoce, Watei Quality Section
Duplin County Soil and Water Conservation District
Water Quality Central Files
NDPU Files
f l?�� r
"'_, ; i
t;
AUG 2 9 2002 #

Animal Waste Management Plan Certification
(Please type or print all lntomotion that does riot require a signature)
geeral Information:
Name of Farm: Circle kiftfa II
e,= - `�,"t���x
ed�'MW�� leass,di�cle one
Facility No: 31 - 7 z3
Owner(s) Name: David John Kilpatri2mPhone No: 3 { - o? 7
Mailing Address: 401 Fox Rid a Rd. ^NC 28398
Farm Location: a77 ..3 yM S'S` a' 7 % S7 35County Farm is located in: Duplin
Latitude and Longitude: , Integrator. Gso
tas6. g-
Please attach a copy of a county rodmap with tion identified and described below (Be specific: road PA;
names, directions, milepost, etc.);
From Kenansville take Hw150S4 miles to Cool Springs Rd., take a right, go 1.0 miles, take a it. On Graham
Rd., follow to farm entrance on right
Operation-OwriP ion:
Type of Swine No. of Ani►nafs Type of Poultry No. of Anftnafs
0
Wean to Feeder ❑ Layer
Feeder to Finish ❑ Puilets
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gifts
Boars
Type of cause
❑ Dairy
❑ Beef
Acreage Available for Application; 300+ Required Acreage: 251.8
Number of Lagoons 1 Storage Ponds: Total Capacity:Z2 c Feet (ft2
Are subsurface drains present on the farm: _ C:5P or No (please circle c
If YES: are subsurface drains present in the area of the LAGOON SPRAY FIE ase circle one)
Owner I Manager Agreement
I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and
maintenance procedures established in the approved animal waste management plan for the farm named above and will
implement these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and storage
system or construction of new facilities will require a new certification to be submitted to the Division of Environmental
Management before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the
storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event
less severe than the 25 - year, 24 - hour storm and there must not be run-off from the application of animal waste. I (we)
understand that run-off of pollutants from lounging and heavy use areas must be minimized using technical standards developed
by the Natural Resources Conservation Service. The approved plan will be filed at the farm and at the office of the local Soil and
Water Conservation District. I (we) know that any modification must be approved by a technical specialist and submitted to the
Soil and Water Conservation District prior to implementation. A change in land ownership requires written notification to DEM or a
new certification (if the approved plan is changed) within 60 days of a title transfer.
Name of Land Owner
Signature:
Name of Manager (if different
Iry
Date:
Signature: V Date
AWC -- August 1, 1997

1 41
Technical Specialist Certification
1. As a technical specialist designated by the North Carolina Soil and Water Conservation Commission
pursuant to 15A NCAC 6F .0005. 1 certify that the animal waste management system for this farm named
above has an animal waste management plan that meets or exceeds standards and specifications of the
Division of Environmental Management (DEM) as spec€fied in 15A NCAC 2H.201 and the USDA -Natural
Resources Conservation Service (NRCS) and/or the North Carolina Soil and Water Conservation
Commission pursuant to 15A NCAd'2M.0217 and 15A NCAC 6F .0001.0005, The following elements are
included in the plan as applicable. While each category designates a technical specialist who may sign
each certification (SD, 81, WUP, RC, 1), the technical specialist should only certify parts for which they are
technically competent.
H. Certification of Design
A) Colle�tlon.-Storm-ae,-Treatment System
Check the appmprMte box -
j� Existing facility without retrofit (SD or WUP)
Storage volume is adequate for operation capacity: storage capability consistent with waste
utilization requirements.
0 New, expanded or retrofitted facility (SD)
Animal waste storage and treatment structures, such as but not limited to collection systems,
lagoons and ponds, have been designed to meet or exceed the minimum standards and
specifications.
Name of Technical Specialist (Pie ase rint): Kraig A. Westerbeek _
Affiliation Murphy Family Fa s Date Work Completed:
Address (Age 28458 Phone No. 910 289-2111
Signature: 1( o . _
B) Land A li io)Si1e (WUP)
he kian provides for minimum separations (buffers); adequate amount of land for waste
tiI on; chosen crop is suitable for waste management hydraulic and nutrient loading rates.
Name of Technical Sped e P t): Kraig A. Westerbeek
Affiliation Murphy familyFarm Date Work Completed
Address (Age , o Hill 28458 one No. (g1)289-2111
Signature: Date: f6
C) Runo trols from Bdedor Lot
Check the e
(SD or WUP or RC)
This f*il€ty does not contain any exterior lots.
0 Eagldy an exterior lots (RC)
Methods to minimize the run off of
designed In accordance with technical
Name of Technical
Affiliation Mu
Address (AgenW
Signature:
from lounging and heavy use areas have been
developed by NRCS.
Kraig A. Westerbeek �. .�.
Date Work Completed:
Pyone No. 910 289-2111
.Date: �' s
AWC -- August 1, 1
2

D). Applicalion and kfandlingAWIRM9t
Check appwpdafa box
99stina or expandilitvexl t' st I' i m (WUP or 1)
Animal waste application equipment specified in the plan has been either fteld calibrated or
evaluated in accordance with existing design charts and tables and is able to apply waste as
necessary to accommodate the waste management plan: (existing application equipment can
cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient
loading rates. A schedule for timing of applications has been established; required buffers can be
maintained and calibration and adjustment guidance are contained as part of the plan).
❑ New. WMMded o,� existing !Wjlity turn hoot Msting wraste application equipment for jRW
irrinaWn. (1)
Animal waste application equipment specified in the plan has been designed to apply waste as
necessary to accommodate the waste management plan: (proposed application equipment can
cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient
loading rates; a schedule for timing of applications has been established: required buffers can be
maintained: calibration and adjustment guidance are contained as part of the plan).
❑ IVY Mnged or existing fRoily 'without exil!ina waste gppli on ui en for an spreading
not_usimsmy irrigation. (WUP or 1)
Animal waste application equipment specified in the plan has been selected to apply waste as
necessary to accommodate the waste management plan: (proposed application equipment can
cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient
loading rates: a schedule for timing of applications has been established; required buffers can be
maintained: calibration and adjustment guidanpe are contained as a part of the plan). .
Name of Technical Specialist (PI se P ' Kraig A. Westerbeek
Affiliation Mu Fami! arms Date Work Completed:
Address (Agen Phonge No. 91(} 288-2111
Signature:
dtl. 'asng Lontrol. ortailManggeMent and gmergengy Action P a
Tfie* waste nagement plan for this facility includes a Waste Management Odor Control
hecklist, al Insect Control Checklist, a Mortality Management Checklist and an Emergency
Action Plan. Sources of both odors and insects have been evaluated with respect to this site and
Best Manaoment Practices to Minimize Odors and Best Management Practices to Control Insects
have been selected and included in the waste management plan. Both the Mortality Management
Plan and the Emergency Action Plan are complete and can be implemented by this facility.
Name of Technical Spe list (Please Print ' _Kraig A. Westerbeek
Affiliation Murphy F ily FaUVs Date Work Completed:
Address (Agen 28458 Phone No. [phone]
Signature-, Date:il�-
iloticeN gr EManding6
The ng signature block is only to be used for new or expanding swine farms that begin
ction after .tune 21, 1996. If the facility was built before June 21, 1986, when was it
con ed or last expanded
I ( ) certify that I (we) have attempted to contact by certified mail all adjoining property owners
a all property owners who own property located across a public road, street or highway from
this new or expanding swine farm. The notice was in compliance with the requirements of NCGS
106-805. A copy of the notice and a list of property owners notified is attached.
19
Name of Land Owner:
Signature: Date:
Name of Manager (if different from owner):
ia1u Date

.� N. Certification of Installation
A) Cgile ttiian.,%_rage, Trteatrnent in%allation
New, expanded or retMtted fgcility (SI)
Animal waste storage and treatment structures, such as but not limited to lagoons and ponds,
have been installed in accordance with the approved plan to meet or exceed the minimum
standards and specifications.
For existing facilitles without retrofits, no certification is necessary.
Name of Technical Specialist (Please Print):
Affiliation Date Work Completed:
Address (Agency): Phone No.:
Signature: - Date: -
B) sand Application Site (WUP)
Check the appropriate box
The cropping system is in place on all land as specified in the animal waste management plan.
0 Conditional Approval: all required land as specified in the plan is Geared for planting: the
cropping system as specified in the waste utilization plan has not been established and the owner
has committed to establish the vegetation as specified in the plan by
(monthldaylyear); the proposed cover crop Is appropriate for compliance with the waste utilisation
plan.
Cl Also check this box if appropriate
If the cropping system as specified in the plan can not be established on newly
cleared land within 30 days of this certification, the owner has committed to establish
an interim crop for erosion control:
Name of Technical S cialist (Please P ' Kraig A. Westerbeek
Affiliation Murphy Fa Date Work Completed:
Address (A Pjar 7521222e i , 8 Phone No. 91 89-2111
s gnature: te: D �--
This flowing gnature block Is only to be used when the box for conditional approval in III.
B abor(e has n chocked.
I (we) certify that I (we) have committed to establish the cropping system as specified in my (our) waste
utilization plan, and If appropriate to establish the interim crop for erosion control, and will submit to DEM a
verification of completion from a Technical Specialist within 15 calendar days following the date specified in
the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste
management plan and will subject me (us) to an enforcement action from DEM.
Name of Land Owner:
Signature: Date:
Name of Manager (if different from owner):
Signature: Date
AWC -- AugR 1,

AW C) Runoff Controls from lr`_xttgor fiats (RC)
Facility, with _egqdor
Methods to minimize the run off of pollutants from lounging and heavy use area have been
installed as specified in the plan.
For facilities without exterior lots, no certification is necessary.
Name of Technical Specialist (Please Print):
Affiliation Date Work Completed:
Address (Agency): Phone No.:
Signature: Date:
D) Application and Handling Eguiwnept Ingallation (WUP or 1)
Check the approptafe black
Animal waste application and handling equipment specified in the plan is on site and
ready for use; calibration and adjustment materials have been provided to the owners
and are contained as part of the plan.
© Animal waste application and handling equipment specked in the plan has not been
installed but the owner has produced leasing or third party application and has
provided a signed contract: equipment specified in the contract agrees with the
requirements of the plan: required buffers can be maintained: calibration and
adjustment guidance have been provided to the owners and are continued as part of
the plan.
[] Conditional approval: Animal waste application and handling equipment specified
in the plan has been purchased and will be on site and installed by
(month/day/year); there is adequate storage to hold the waste until the equipment is
installed and until the waste can be land applied in accordance with the cropping
system contained in the plan; and calibration and adjustment guidance have been
provided to the owners and are contained as part of the plan.
Name of Technical Specialist
Affiliation Mu h mil Fa
Address (A y ex~
Signature:
The foil ng signal block
above been the ed.
! Print): Kraig A. Westerbeek .
Date Work Completed:
�e 58 Phone No. 910 289-2111
Date:
used whe e x for con 'ona approval in III D
I (we) certft that I (we) pave oommitted to purchase the animal waste application and handling equipment as
specified) my (our) ste management plan and will submit to DEM a verification of delivery and installation
from a n[cal Spe0alist within 13 days following the date specified in the conditional certification. I (we)
realize that failure to submit this verification is a violation of the waste management plan and will subject me
(us) to an enforcement action from DEM.
Name of Land Owner:
Signature: Date:
Name of Manager (f different from owner):
Signature: Date
E) QdoLC_4_ntroL hm—_d_ Control and_MortaJ ht Manaaement_4SD..SI.1NtfP. RC or 1)
Methods to control odors and insects as specified in the Plan have been installed and are operational. The
mortality management system in the Plan has also been installed and is operational.
Name of Technical Specialist (Please Print): Kraig A. Westerbeek T
Affiliation Murphy Family Farms Date Work Completed:
Address (Agency): P.O. Box 759, Rose Hill 28458 Phone No. L910)289-2111_
Signature: Date.
AWC -- August 1, 1997 5

r� Please return the completed form to the Division of Water Quality at the following
Address:
Department of Environment, Health, and Natural Resources
Division of Water Quality
Water Quality Section, Compliance Group
P.O. Box 29535
Raleigh. NC 276264635
Please remember to submit a copy of this form along with the complete Animal Waste
Management Plan to the local Soil and Water Conservation District Office and to keep a
copy in your files with your Animal Waste Management Plan.
AWC — August 1, 1997 6

J.L. MAXWELL, JR., CHAIRMAN
H.G. MAXWELL, III, PRESOENT
J.W. PELLETIER, III, VICEPRESrDENT
938 Millers Chapel Road • P.O. Box 10009 • Goldsboro, NC 27532
Phone [phone] • Fax [phone]
May 15, 2002 -
Sue Homewood
NCDENR / DWQ
Non -Discharge Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Facility # 31-77 and 31-723
Dear Sue:
J.L. MAXWELL, III, SECRETARY -TREASURER
W. MILTON HENDRIXSON, NUTRITIONIST
H.H. (NICK) WEAVER, MANAGER, SC FARMS
am writing on behalf of John Kilpatrick with regard to facilities # 31-77 and 31-
723. John has had center pivot irrigation systems installed on the farms and a waste
utilization plan written to incorporate both of these facilities into one WUP. For this
reason, he would like to combine these two facilities under one permit. I have enclosed
a copy of the new WUP and map for your review. If you have any questions, do'not
hesitate to contact me at [phone], ext. 1430. Please send me a copy of the new
COC when it is issued to Mr. Kilpatrick. Thank you for your continued assistance.
Cc: Fran McPherson
John Kilpatrick'
Res ctfully submitted,
Nai
Geo e . Pettus
Ma ods / Goldsboro Hag Farms
J=L
M IAY 2 1 2002
i
t,'C•!�'-C�SCi-i,4AuE PER;e::: ; ::; �:
GOLDSBORO MILLING COMPANY
SLEEPY CREEK FARMS SLEEPY CREEK TURKEYS
BEAR CREEK FARMS
GOLDSBORO MILLING GRAIN
FEED PRODUCTION UNIT
TURKEY HATCHERY TURKEY PRODUCTION UNIT
BREEDER PRODUCTION UNIT
GRAIN BUYING UNIT
MAXWELL FARMS COLD CREEK FARMS
GOLDSBORO HOG FARMS G & L PROCESSING
CAROLINATURKEYS
CAROLINA TURKEYS OF VIRGtMA
FARM MANAGEMENT TURKEY PRODUCTION UNIT
SWINE PRODUCTION UNIT FARM MANAGEMENT
TURKEY PROCESSING PLANT
TURKEY PROCESSING RANT

t
PRODUCER
LOCATION
TELEPHONE:
TYPE OPERATION
David John Kilpatrick
401 Fox Ridge Rd.
Warsaw, NC 28458
[phone]
Feeder - Finish
NUMBER OF ANIMALS: 16992
(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 groxtm.
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 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
21-1.0217 adopted by the Environmental Management Commission.
7 ' ? 1 2002
Pagel

Amouni of Waste Producpd Pgg I t
16,992 animals X M (tons) wastelanimal/year = 32,285 (tons) waste/year.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
16,992 animals X 2-3 lbs. PAN/animal/year = 39,082 lbs. PAN/year.- (PAN from N.C.
Guide Std. 633) Tech
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:
Tract Field* Soil Crop
ACRES OWNED BY PRODUCER
Lbs. N Acres Lbs. N Month of
# No. Type Per Acre Utilized Application
*seepage 10
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 12asept 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 Caroline 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
(Agreemdrit with adjacent landowner must be attached)
(Required only if operator does not own adequate land [see
Required Specification 21j
Tract Field Soil Crop Lbs. N Acres Lbs: N Month of
' See footnote for Table 1:
0
Totals from above Tables
Acres Lbs. N
Utilized
Table 1 0.00 -
Table 2 251.80 89,893
Total 251.80 89,893 'two year removal -
Amount of N Produced 78,164 'two year production
Surplus or Deficit (11,729)
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 (INHr) Amount (In.)
1,2,3,4 FoA Row Crops 0.5 .5-1.0
THIS TABLE 1S NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR 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 fj IViONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation "see lagoon design.
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: _
Acres shown are 'irrigated' acres with two Valley Pivots. All lagoons on the farm are connected.
Grower should follow a corn, wheat, soybean rotation on all land. For management purposed,
2 fields should be in corn, 2 in soybeans each year.
Page 4

REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited. _
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
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.
Page 5

_ A TEyTlLI i rTlO PAIN..Fo_, =_...M.
REQUI RED-SPECI FI CATIONS
(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 faun shall be at least 50 feet from any residential property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips).
12 Animal waste shall not be applied closer than 100 feet to wells.
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
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 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 courses 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.
Page 6

REQUIRE[ -SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established- on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18 If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption_ However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds_
22 Waste shall be tested withiri 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 soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7

MSTE UTIOZAIDN PLAN AGREEMENT
Name of Farm: David John Kilpatrick II
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: David John Kilpatrick 11 _
(Please print)
Signature:
Name of ManageZfcrifferent from owner):
Signature:
Date:
Name of Technical Specialist: (Tease pint) Kraig A. Westerbeek
Affiliation:
Address (Agency):
Signa
Private
1635 W. Wards Brid d.
Warsaw. NC 283
tore: Date:
Pace 8

LK-2, MUM
Table 1: ACRES OWNED BY PRODUCER
(
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre* Utilized Application
TOTAL 251.8 89,893
f�a
q0
Page 10

Sheetl
IRRIGATION SYSTEM DESIGN PARAMETERS
Landowner/Operator Name: David John Kilpatrick II
Address: 401 Fox Ridge Rd.
Warsaw, NC 283989
Telephone: [phone]
Table 1 - Field Specifications
Approximate
Maximum
Useable Size
Field of Field
Number (acres) Soil Tvne
Sinop o C:rnnlsl
Maximum
Application
Rate
llnlhr)
County: Dupiin
Date: 3/12/01
Maximum
Application
per Irrigation
Cycle
linrhPcl C�nmmPnlc
MIMS
0
V.

theet4
TABLE 4 - Irrigation System Specifications
-Pivot
Pivot
.1.
.11.
Flow Rate of Sprinkler (gpm)
900
350
Operating Pressure at Pump (psi)
48.6
36.3
Design Precipitation Rate (in/hr)
NA
NA
Hose Length (feet)
NA
NA
Type of Speed Compensation
NA
NA .
Pump Type (PTO, Engine, Electric)
Electric
Electric
Pump Power Requirement (hp)
31.1
9.6
TABLE 5 - Thrust Block Specifications
THRUST BLOCK
LOCATION
AREA (sq. ft.)
90 degree bend
4.94
Dead End
3.5
Tee
2.45
Gate Valve
3.5
45 degree bend
2.66
`see calculations
Page 1

Sheel5 .
IRRIGATION SYSTEM DESIGNER
Name: Kraig Westerbeek
Company: Private
Address: 1635 W. Wards Bridge Rd. Warsaw, NC 28458
Phone: [phone]
Required Documentation
The following details of design and materials must accompany all irrigation designs:
1. A scale drawing of the proposed irrigation system which includes hydrant locations, pipelines, thrust;block locations and buffer areas where applicable.
2. Assumptions and computations for determining total dynamic head and horsepower requirements.
3. Computations used to determine all mainline and lateral pipe sizes.
4. Sources and/or calculations used for determining application rates.
5. Computations used to determine the size of thrust blocks and Illustrations of all thrust block configurations required in the system
6. Manufacturer's specifications for the Irrigation pump, traveler and sprinkler(s).
7. Manufacturer's specifications for the Irrigation pipe and/or USDA-NRCS standard for IRRIGATION WATER CONVEYANCE",
8. The information required by this form are the minimum requirements. It is the responsibility of the designer to consider all relevant factors at a particular site and
address them as appropriate.
9. Irrigation pipes should not be installed in lagoon or storage pond embankments without the approval of the designer,
NOTE: A buffer strip of 50' or wider must be maintained between the limits of the irrigation system and all
perenniat streams and surface waters per NC Statutes.
A
U
i

Sheet6
Narrative of Irrigation System Operation
This system design is for 2 Valley Model 8000 pivots, with lengths of 1219'(Pivot II), and 1622'(Pivot 1).
These pivots will replace the use of hardhose travellers ,on this farm. Pivot I will operate in a 283 degree range.
This travel path is divided into two fields reflecting the growers planned cropping paterns. Field #1 as
shown on the drawing is 180 degrees, with an acreage of 98.5. Field #2 as shown is 103 degrees, with
an acreage of 57.7. Pivot II will operate within a 306 degree range. This travel path is also divided into two
fields reflecting the growers planned cropping patterns. Field 3 as shown on the drawing, is 148 degrees, with
an acreage of 47.0. Field 4 as shown on the drawing is 158 degrees, with an acreage of 48.6.
Once again, no traveller pulls are included in this design, or the acreage.
Application ammounts can be varied on either machine dawn to Y' of application. For puposes of
this design, no single application event should exceed .5".
As with any pivot, application rates may exceed recommended soil application rates, however, limiting total
applications to <.5" will offset this parameter.
Water may be transferred between lagoons 1,2, and 3, however, lagoon 2 should always supply Pivot T.
Refer to owner's manuals of pumps and pivots for startup, winterization, and maintanence schedules.
Pivot T should be supplied by the Berkeley B4 pump only. Pivot'll' should be supplied by the Berkeley 63
pump only.

`B.ERKELEX;
MOTOR DRIVE
CURVE 4075
DATE 08.01-97
PACE 9.03
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PAGE 4.02
SUPERSEDES
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tilt' "•
� -�125
HYD 2
700 500
UALLPHS PER MINUTE
T-3742 sw
C-8501 CWK 6-1-79 aw$ 6- 20- a 5 MODELB3TPH
00 300 400 500 600
CAPACITY IN J.S.
.r»e.[
20
10
D
z
T006-
R
(WIT) PIVOT
11
> M-06830 c� 6j" IN]]) Based on Fresh Water 0 80'
Pressure
175
tilt' "•
� -�125
HYD 2
700 500
UALLPHS PER MINUTE
T-3742 sw
C-8501 CWK 6-1-79 aw$ 6- 20- a 5 MODELB3TPH
00 300 400 500 600
CAPACITY IN J.S.
.r»e.[
20
10
D
z
T006-
R
(WIT) PIVOT
00 300 400 500 600
CAPACITY IN J.S.
.r»e.[
20
10
D
z
T006-
R
(WIT) PIVOT

U1:�'2 FM MOM WHIEK Hrr MA INU, r. Ul
Parent Order#: 1009i985
Order Date: 01/16/2001
Sealer PO:
Dealer: 00001068/R STERN IRRIGATION
Ca:etcmer: CIRG.£ K II FARLms
401 PDX RIDGE RQ.
Wr' RSAW. NC 28396
Order No: 10095399
Plant: MCCOOK
Promise Date:
Routing. W/SYs
sc..ss=�r:iac��rnr==xSCaeftGCRz==a.cs=a�csF=man W-c==c=ar=a-cs'4;a=sueW.m...... a -
Model:
6004
Pivoc Pressure (PSI):
36
machine Length:
1622..94
Gallonage (GPM):
900
Er,d Gun Radi+:s:
lie
GPK/Acre:
4.12
Total Acres:
218-45
App Rate (In/Day):
0.22
Pivot
rll:rdel Qcy L4ngth(ft) Dia(in) Spacing(lm) profile ':ire
:=ss=c=atiwa�=sa:aaa�c=====__-=�==s�zcscCvvvaevl=s�bC=iZVC4vveSvoOCrrivC=��ai�xs�o0=SSA
8000 4 204.9 E 5/8 108 standard 16.9 x 23 )Maxi
Float
8000 4 180.0 6 5/8 100 Standard 16_9 x 14 Maxi
Float
Soon 1 82 6 s/8 Ila
Pre a eure
PSI = 20
meawured at = End
Preaoure LOBS (PSI) 14.63
Sprinkler Cont_guration
Ou412t Spacing U-pipe a Valley,6.Galvanized, 3/4 M NPT x 3/4 M flame
variable Drop = Bwack,Hoee;96,3/4 F Bose
Slip Weight a va2ley,26.2,Poly
Sprinkler - Ne180n.R1000,D4 - Greoa.3/4 F A -CM&
Endgun Summary
Usage = Standard
:^:.''el = Komet. SR101
Bndgur %'81ve 93 902L 8
aooater Pump - 2 HP
Timer Cart settinga
Center A^ vs (output RPH) = 68
Motor Frequency . 60ar
Wheel GearbOX Ratio - 52:1
Tires Size - 16.9 x 24 l:a+[i Float
Opt lo�t3
Drain Sprinkler - Senninger Directional
Last Sprinkler Coverage - lit
Use LA13t Coupler ■ YFs
minirnum M&ial iae PSI A 6
Dry Wheel =racks - No
sbiypina Optic_ z:
Do not rLip Drop Rard'.'ara
Do lot ship Bndgun Nozzle
Do not ship Endg-.= Hardware
Do not ship Endgun Valve / Nozzle Valve Hardware
Do not s!Up Boostezpu p Hardware

'FEB-23=2001 FRI 01:52 Pti VALMONT WATER APP FAX NO. 4023b9b449 r. u4
Farent Order#: 10094904
Order Vares 01/22/2001
Drnlrr PCs:
Deader: 0o002068/EASTERN IRRIGATION-
CU 9 r mle;: : CIRCLE X II FARMS
-;01 ?QX RIDGE RD_
WF3t3P_P,NC 2639E
Order No! 1009SP32
Plant! VALLEY
Promiae Date:
Routing, W/SYS
.. �f=s��;=a.c�=rrccceLCJ1�MiL�7�Dc�rtw a,ewsLLnwnstisLLLrCaxQCQnY�Qtisaa stxCSgsCew�e�s:�wssww
Modal:
6000
Pivot Pressure (?SZ{, 29
Machine
Le:i9th:
1219.27
Qallonage (GPM); 350
End Gun
Radius:
75
GPM/Aare: 2.90
70=al Acres:
120.91
App Rate Sin/Day): 0.15
�+}Vr74
Model
r
Cty Lcugth(ftf
Dia(ial 3pucing(in)
" ,f+
Profile Tire
8000
3 204.9
6 518 108
Standard 16.9 x 24 Maxi
Float
$000
3 1BD.D
6 5/8 108
Standard 16.9 X 24 K"U
8000
1 64
6 5/8 110
,j
Pressure
PSI - 20
Measured at - End
Preeaure Loss (PSI) ;. 2.7
sprinkler configuration
outl&t spacing U-pipe = Valley. 6,Galvanized, 3/4 M NPT X 3/4 M Hose
Variable Drop = Black,:iosa.9o,3/4 F Hose
Slip weight k Valley, 26,2, Poly
Sprinkler - Nel soil, R3 000,D4 - Greens/4 F Acme
sndaun Summary
Usage A Standard
Model - Nelson ?85
Zndgun Valve L 9390228
Rooscer Pumm - 2 HP
Tiller Chart Settings
Cenrez Drive (output RPM} - 68
Motor Frequency =, 60RZ
Wheal Gearbox Ratio Q 52:1
Tires Size - 16.9 x 24 Haxi F'lo&=
Options
Drain Sprinkler L senninsger Directiorxal
Last Sprinkler Coverage s 1ft
Use L&sr Coupler L YES
Minimum Mainline PSI - 6
Dry Kheel tracks = is0
shipping Options!
Do not ship Drap PTards:are
Do not ship Endgun nozzle
Do not trip EndT-rL Hardware
Da not Ohip F_ndgan valve / Nozzle Valve Hardware
Do 210t ship Boosterpump Hardwaria
0

Sheet8
ACREAGE CALCULATIONS
PIVOTS I & If
CIRCLE K II FARMS
Pivoi'f" - 8 tower
j
Acres if
Degree of
Actual
Leath
36D Deg,
QpRralilmAcres
i
End Gun 'Off
1622
189.7
1091
57.4
i
End Gun 'On'
1 17141
211.9
.1461
85.9
Last Sprinklers'Off i 1572;
166.0)
281
12.9
j
TOTAL ACRES = ' 156.2'
l
Field #1 - 180 degrees of operation - 62 degrees end gun 'off - 90 degrees end gun on,
28 degrees last sprinklers 'off - TOTAL ACRES FIELD #1 - 98.5
Field #2 - 103 degrees of operation - 47'degrees end gun 'off - 56 degrees end gun 'on'
TOTAL ACRES FIELD #2 - 57.7 l
I
I
Pivot 11" - 6 tower ip vot
! !Acres if !Degree of Total i
!Length ;360 dea. ;-aeration !Acres
End Gun'Off 1219i 107.2`; 92 i 27.4
i
End Gun 'On' 12781 117.81 1801 58.9i
Last Sprinklers 'Off 1 1169' 98.61 341 9.31
i
j TOTAL ACRES = 95.6
I
Field #3 - 148 degrees of operation - 98 degrees end gun 'ON', 50 degrees end gun 'OFF'
TOTAL ACRES FIELD 3 - 47 ACRES
Field - 158 degrees of operation - 82 degrees end gun 'ON'; 42 degrees end gun 'OFF';
34 degrees last sprinklers 'OFF' , !
TOTAL ACRES FIELD 4 - 48.6 ACRES j
Page 1

Sheet?
CALCULATIONS
Seri ler Spiecifcations PIVOT II'
Sprinkler Type: Valley Model 8000 - 1622' Pivot
Nozzle Type: Nelson R31000,D4 Package
Sprinkler Pressure: 20-36 pi
Flowrate(GPM): 900 gpm
Wetted Diameter: NA feet
Lane Spacings
Desired Spacing (%): NA %
Design Spacing(feet): NA *PVC irrigation pipe normally comes in 20' pieces,
so round to the nearest multiple of 20.
Actual Spacing (feet): NA feet
Actual Spacing (%): NA %
Application 13ate
*SEE NELSONNALLEY SPRINKLER
PACKAGE MATERIAL
Desired app. (in.) = 0.5 inches `SEE NELSON/VALLEY SPRINKLER
PACKAGE MATERIAL
Majoling Velocity
Velocity = .408 x Flowrate / pipe diameter squared feet/sec.**
"For buried pipelines, velocity should be below 5 feet per second
Pipe size: 8 inches
Velocity= 5.74 ft/sec.
MAY 2 1 2002
I
I i�Cr�-DISCHARGE PE'I�tV;Er-:'�^
Page 1

Sheet7
Maximum Mainline Frictiorrl Loss
Most distant hydrant:
Total distance: 700 feet
Friction Loss is figured using HazenlWilliam's Equation
Friction Loss= 1.15 feet/100 feet
Max. Mainline Loss = 8.1 feet or 3.5 psi
Total Dynamic Head
Pivot End Pressure 20 psi
Loss trough Pivot: 14.63 psi
Elevation head: 6 psi
Mainline loss: 3.5 psi
Suction head and lift: 4.5 psi
TOTAL(TDH) = 48.6 psi or 112.3 feet
r r
Horsepower = Fiowrate x TDH(feet)13960 / Pump effeciency
Pump Description: Berkeley B4GPBH
Pump Efficiency: 82 %
Horsepower Required: 31.1 Hp
Thrust Blocking
Thrust Block Area = Thrust / Soil Bearing Strength
Thrust: 5000 feet
Soil Bearing Strength: 1200 feet
End Cap: 4.2 ft2
90 degree elbow: 5.9 ft2
Tee: 2.9 ft2
45 degree elbow: 3.2 ft2
Pipe Pressure Rating Check
Pressure Rating of Pipe to be Used: 160 psi
Max_ Pressure on system when running: 48.6 psi
70% of Pressure Rating. 112 psi
If Max. Pressure on system is less than 70% of Pressure Rating, OK
Net Positive Suction Head Check
Page 2

Sheet7
NPSHA: 18
NPSHR: 13 'from pump curve
IfNPSHA>NPSHR OK
%pop
-FC.
M AY 2 1 2002
Page 3

Sheet7
CALCULATIONS
Sprinkler 5oecifications PIVOT 'II'
Sprinkler Type: Valley Model 8000 - 129 9' Pivot
Nozzle Type: Nelson R31000,D4 Package
Sprinkler Pressure: 20-24 pi
Flowrate(GPM): 350 gpm
Wetted Diameter: NA feet
Lane S acing,5
Desired Spacing (%): NA %
Design Spacing(feet). NA 'PVC irrigation pipe normally comes in 20' pieces,
so round to the nearest multiple of 20.
Actual Spacing (feet): NA feet
Actual Spacing (%): NA %
Anoliotipri Rite
"SEE NELSONNALLEY SPRINKLER
PACKAGE MATERIAL
Trayell rr Speed
Desired app. (in.) = 0.5 inches 'SEE NELSONNALLEY SPRINKLER
PACKAGE MATERIAL
Mainline Velorji y
Velocity = .408 x Flowrate / pipe diameter squared' feet/sec.""
"For buried pipelines, velocity should be below 5 feet per second
Pipe size: 6 inches
Velocity= 3.97 ft/sec.
P.
ECi-11.;zD
N;AY 2 1 M02
i
'1, N-CISCHA9CE 9ERM.!T Ii•:'.
Page 1

� y
Sheet?
Maxim a' line -Er—
Most distant hydrant: 11
Total distance: 890 feet
Friction Loss is figured using Hazen/William's Equation
Friction Loss= 0.81 feet/100 feet
Max. Mainline Loss = 7.3 feet or 3.1 psi
Total Dynamic Head
Pivot End Pressure 20 psi
Loss trough Pivot: 2.7 psi
Elevation head: 6 psi
Mainline loss: 3.1 psi
Suction head and lift` 4.5 psi
TOTAL(TDH) = 36.3 psi or 83.9 feet
Hors:epo=r�Required
Horsepower = Flowrate x TDH(feet)13960 / Pump effeciency
Pump Description: Berkeley B3TPM
Pump Efficiency: 77 %
Horsepower Required: 9.6 Hp
hr I
Thrust Block Area = Thrust 1 Soil Bearing Strength
Thrust: 4200 feet
Soil Bearing Strength: 1200 feet
End Cap: 3.5 ft2
90 degree elbow: 4.9 ft2
Tee: 2.5 ft2
45 degree elbow: 2.7 ft2
Pipe Pressure-RatingC-heck
Pressure Rating of Pipe to be Used: 160 psi
Max. Pressure on system when running: 36.3 psi
70% of Pressure Rating: 112 psi
If Max. Pressure on system is less than 70% of Pressure Rating, OK
Net Positive Suction Head Checls
Page 2

I
I
R
r.wd .
\
lICR7Y \
N
mm urtw4ct� �
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.
i
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.I-1" — 900 Ga11a,.5 pe— ,K;..... PC
P`Jo+ -TZ"- jS0 Ga41., rrr� r1; nit;
6 T -7 r{ -,s
t�I C. Is 4 I" r ltt' in I.N 9 r• y S
9
kL
VICINIIT YIP
Mow= IIOGlxA
it 4 K 14
.rGMzr '(iiFAJGL INN=S-S E�NI I�
5,tov,UU ,+Ia�-ff7F_ u•�Fq '
WATER To 'SE TRA�lrFERREU l'+' 114
LA Gcw N -I: 1 To LA E clot•! dt"L
'THRo4CrH EA1r'RNCi Ep' f'!P(-
vu•fF
CIRCLE K JI FA9Mf

PRODUCER:
LOCATION:
TELEPHONE:
TYPE OPERATION:
David John Kilpatrick
401 Fox Ridge Rd.
Warsaw, NC 28458
[phone]
Feeder - Finish
NUMBER OF ANIMALS: 16992
(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 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 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.
I A.LITV C��TS,"'.F
s
M AY 2 1 2002 j
Page 1
NDII-DISCHARGE FERW77 ill

i I ,
b.
c.
�. �- . � - W -�Ur ��C1-7�►�T ON�P�LAN - -
��TE
Amount of Waste Produced Per Year (gallons. ft- tons. etc.)
16,992 animals X L9 (tons) wastelanimal/year = 32,285 (tons) waste/year.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
16,992 animals X Z.3 - lbs. PANlanimallyear = �39,082 lbs. PAN/year. (PAN from N.C.
Guide Std. 633) Tech
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 mariner
The following acreage will be needed for waste application based on the crop to be grown and
surface application.,
Table 1:
Tract Field* Soil Crop
ACRES OWNED BY PRODUCER
Lbs. N Acres Lbs. N Month of
# No. Type Per Acre Utilized Application
'see page 10
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 mm_uat be based on realistic yield ex ep ctation.
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 Caroline 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
# NO. I ype Per Acre- Utirtzea Application
Total -
* See footnote for Table 1.
Totals from above Tables
Acres Lbs, N
Utilized
Table 1 ff251.80,
0 -
Table 2 0 89,893
Total 89,893 'two year removal
Amount of N Produced 78,164 *two year production
Surplus or Deficit (11,729)
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.
Rage 3

See attached map showing the fields to be used for the utilization of waste water.
Field Soil Type
No.
Application of Waste by Irrigation
Crop
J
Application
Application
Rate (InlHr)
Amount (In.)
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.
Your facility is designed for M days of temporary storage and the temporary storage must
be removed on the average of once every !z MONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation i
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:
Acres shown are 'irrigated' acres with two Valley Pivots. All lagoons on the farm are connected.
Grower should follow a corn, wheat, soybean rotation on all land. For management purposed,
2 fields should be in corn, 2 in soybeans each year.
Page 4

REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use' of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
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).
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.
Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
Page 5

REQUIRED SPECIFICATIONS
(continued)
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 follo'ning.
The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips)_
12 Animal waste shall not be applied closer than 100 feet to wells.
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
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 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 courses 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_
Page 6

1" ' a
REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18 If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which -will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption: However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7

� y A x _UT1Y�IrZA l,011i pR A- a r.
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: David John Kilpatrick II
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: David John Kilpatrick II
(Please print)
Signature: Date:
Name of ManageZfd-ifferent from owner):
Signature:
Name of Technical Specialist: (Please print)
Affiliation
Address (Agency)
Private
1635 W. Wards
Warsaw. NC 28
Date:
Kraig A. Westerbeek
Signature: Date: 25
Page 8

4'. -, l .X�.
STE TLi=Y TIO -
Q? Table 1: ACRES OWNED BY PRODUCER
ut`
Tract Field Soil Crop I_.bs. N Acres Lbs. N Month of
# No. Tvoe Per Acre* Utilized Application
�©
• •
Cam!®®
; .
ins!
.•
C. �
®
-:.
. ,
TOTAL 251.8 89,893
Page 10

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
DAVID Jotf 1 KILPATRICK II
401 Fox RIDGE RD
WARSAw NC 28398
Dear David John Kilpatrick II:
4 lkf1WA
•
MAY 3 o zoo ,
NCDENR
NORTI-I CAROLINA DEPARTMENT of
ENVIRONMENT AN6 NATURAL RESOURCES
May 23, 2001
Subject: Notice of Violation and Revocation for Nonpayment
Circle K Farm I & II
Permit Number: AWS310077
Duplin County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual pernui fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 2/9/1998.
Your annual permit fee for the period of 2/9/2001 - 2/8/2002 is $300.00. Your payment was due 4/14/2001.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext. 210.
Sincerely,
t
Kerr T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
Wilmington Regional Office
Duplin County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
David John Kilpatrick II
Circle K Farm I & II
401 Fox Ridge Rd
Warsaw NC 28398
Dear David John Kilpatrick H:
i � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 31-77
Duplin County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludgWresiduals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRRI, HUU, DRY1, DRY2, DRY3, SLUR1, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at [phone] ext. 571.
Sincere!
Kerr T. Stevens, Director
Division of Water Quality
cc: Wilmington Regional Office
Duplin County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity AtTrmative Action Employer 50% recycled/10% post -consumer paper

Ilk
October 8, 1998
0
State of North Carolina
Department of Environment
And Natural Resources
127 N. Cardinal Drive
Wilmington, North Carolina 28405
Re: CK II Farm, Facility # 31-77
Dear Mr. Hunkele:
14 1998
Lanes L, M and N have been added for small grain and waste application.
These lanes are higher and dryer and suitable for winter waste application. These
three lanes will total an additional 24 plus acres.
Sincerely,
D.John Kilpatrick
401 Fox Ridge Road 9 Warsaw, North Carolina 28398 *Telephone [phone] a Fax: [phone]

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
September 28, 1998
Certified Mail # Z 153 116 124
Return Receipt Requested
John Kilpatrick
CKf 1 &2 Farm
401 Fox Ridge Road
Watrsaw, NC 28398
*w
t••
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF DEFICIENCY
CK II Farm
Facility Number: 31-77
Duplin County
Dear Mr. Kilpatrick:
On September 18, 1998, staff from the Wilmington Regional Office of the Division of
Water Quality inspected your animal operation and the lagoons serving this operation. Upon
reviewing your irrigation records it was determined that you had applied approximately 601bslac
of nitrogen (waste) on Pull W-1 between 1/30-2/24/98. This application was on bermuda fields
without a small grain overseed and is a violation of your General Permit and certified Waste
Utilization Plan. In addition, 34 lbslac of nitrogen was over -applied to wheat on Pull T-2 which
must be subtracted from the next crop rotation. NRCS standards require that waste must be
applied at agronomic rates and times to insure that nitrogen will be properly utilized by the cover
crop.
It is highly recommended that a small grain overseed be planted to some degree if no other
crop is present to allow application of waste should it be required during the winter months. Such
applications in the future could generate a Notice of Violation and carry an enforcement action
including a civil penalty.
Please read the information sent with your general permit thoroughly as it contains
additional compliance requirements and important statements. As a reminder, DWQ at the
Wilmington Regional Office must be notified by you if the freeboard level rises above the required
19 or 26 inches (in the red zone) for facilities with a General Permit.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10% post -consumer paper

John Kilpatrick
September 28, 1998
Page 2
To remain a 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 waste management
plan. Failure to do so may result in the facility losing it's permitted status, requiring it 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 Department of Environment and Natural
Resources has the authority to levy a civil penalty of not more than $10,000 per day per violation.
If you have any questions concerning this matter, please call Dean Hunkele, David
Holsinger or Brian Wrenn at 910-395-3900.
Sincerely,
Dean A. Hunkele
Environmental Specialist
cc: Harold Jones, Duplin County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
George Pettus, Goldsboro Hog Farms
Operations Branch
Wilmington Files
S: IWQSIAIVIMALSIDUPLIM31-T/.DEF

Rn-iscd January 22, 1999
JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION
Facility Number ��- �'� Operation 1sWagged for a wettable
Farm Name: j� �Y__r 1- l 1u acre determination due to failure of
On -Site Representative: c Part 1I eligibility items) F1 F2 F3 F4
Inspector/Reviewer's Name: t1kl�(iz
Date of -site visit:
Date of most recent l'WUP: bah,7
V Operation not required to secure WA
determination at this time based on
exemption EQ E2 E3 E4
Ann da`! farm PAN deficit: asp__ pounds
Irrigation System,(s) - circle #:Q hard -hose traveler, 2. center -pivot system; 3. linear -move system;
4.' stationary sprinkler system w/permanent pipe; 6. stationary sprinkler system wlportable pipe;
6. stationary gun system w/permanent pipe; 7. stationary gun system wlportable pipe
PART 1. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part 1 exemption.)
J E1 Adequate irrigation design, including map depicting wettable acres, is complete
and signed by an I or PE.
E2 Adequate D, and D./D3 irrigation operating parameter sheets, including map
depicting wettable acres, is complete and signed by an I or PE.
E3 Adequate D, irrigation operating parameter sheet, including map depicting
wettable acres, is complete and signed by a WUP.
E4 75% rule exemption as versed in Part Ill. (NOTE: 76 % exemption cannot be
applied to farms that fail the eligibility checklist in Part 11. Complete eligibility
checklist Part 11- F1 F2 F3, before completing computational table in Part 111).
PART 11. 75% Rule Eligibility Checklist and Documentation of WA Determination
Requirements. WA Determination required because operation fails one of the eligibility
requirements fisted below:
F1 Lack of. acreage which resulted in over application of wastewater (PAN) on spray
field(s) according to farm's last two years of irrigation records.
F2 Unclear, illegible, or lack of information/map.
— F3 Obvious field limitations (numerous ditches; failure to` deduct required
bufferlsetback acreage; or 25% of total acreage identified in CAWMP includes
small, irregularly shaped fields - fields less than S acres for travelers or less than
2 acres for stationary sprinklers).
W F4 WA determination required because CAWMP credits field(s)'s acreage in excess
_ of 75% of the respective field's total acreage as noted in table in Part Ill.

Rcviscd January 22, 19:
Facility Number
Part Ill. Field by Field Determination of 75% Exemption Rule for WA Determination
and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to
calculate 75% field by field determination for exemption if possible; otherwise operation will be subject to WA
determination.
FIELD NUMBER' - must be clearly delineated on map.
COMMENT53 - back-up fields with CAWMP acreage exceeding 75% of its total acres gnd having received less than 50%
of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the
sole basis for requiring a WA Determination. Back-up fields must be noted in the comment section and must be accessible
by irrigation system.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E.,
David John Kilpatrick II
Circle K Farm I & Il
401 Fox Ridge Rd
Warsaw NC 28398
Dear David John Kilpatrick II:
RECEIVED
JUL 0 2 1998 1 • 4
BY:
Director
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 26, 1998
Subject: Reissuance of Certificate of Coverage
No.AWS310077
Circle K Farm I & II
Swine Waste Collection, Treatment, Storage and
Application System
Duplin County
The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to
this facility on February 9, 1998. In accordance with the issuance of the revised General Permit, we are
forwarding this Certificate of Coverage (COC) to David John Kilpatrick II, authorizing the operation of
the subject animal waste collection, treatment, storage and land application system in accordance with
General Permit AWG100000. This approval shall consist of the operation of this system including, but
not limited to, the management of animal waste from the Circle K Farm I & II, located in Duplin
County, with an animal capacity of no greater than 11232 Feeder to Finish and the application to land as
specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void
COC No AWS310077 dated February 9, 1998. The COC shall hereby incorporate by reference any
specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow
coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay
particular attention to Condition II.10 regarding tree removal from lagoon embankments, Condition III.I
regarding inspection frequency of the waste treatment, storage and collection system and Condition 1II.6
regarding notification requirements for system failures, spills and emergencies. 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.
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
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Certificate of Coverage AWS310077
Circle K Farm I & II
Page 2
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 [phone]. If you need additional information concerning this
COC or the General Permit, please contact Mike Lewandowski at [phone] ext. 362.
Sincerely,
for 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 7FE8
CEYVE�
Department of Environment
and Natural Resources `i99$
T.WMAI
Division of Water Quality
James B. Hunt, Jr., Governor AM��Wl
Wayne McDevitt, Secretary C) C Fs,*,J F1
A. Preston Howard, Jr., P.E., Director C
February 9, 1998
David John Kilpatrick 11
Circle K Farm I & U
401 Fox Ridge Rd
Warsaw NC 28398
Subject: Certificate of Coverage No. AWS310077
Circle K Farm I & II
Swine Waste Collection, Treatment, Storage
and Application System
Duplin County
Dear David John Kilpatrick II:
In accordance with your application received on October 7, 1997, we are forwarding this
Certificate of Coverage (COC) to Farm No. 31-0077, 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 Circle K Farm I & II, located in Duplin County, with an animal
capacity of no greater than 11232 Feeder to Finish and the application to a minimum of 129.1 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, 2 00 1. 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 143-215.10C, 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.
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.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Certificate of Coverage AWS310077
David John Kilpatrick II
Page 2
'
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 perrrtit 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 [phone], If you need additional information concerning this COC or the
General Permit, please contact Katharine Keaton at [phone] ext. 533.
Sincerely,
-j[A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Duplin County Health Department
WiTnu"ngton-Regional-Office,-Water-Quality Sectior
Duplin County Soil and'Water Conservation District
Permit File
■Compete items S andlor 2 for addltforml services.
r also wtsn M receive ute
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■caitems
following services (for an
■ Prim your name and address on the reverse of this form so that we can retum this
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card to you.
BAMs r lids form to the hont of file rnaitpkM, or on the back ill space does not
1. ❑Addressee's Address
■wWnttee'Rwum-Rampt Requested'on the ma7piece below the article nwrbw.
2. ❑ Restricted Delivery
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■The Retum Receipt will show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
3. Article ,Vdressed to:
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1 Yr December 1994 102595-97-B-0179

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Jaynes B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
David John Kilpatrick I1
401 Fox Ridge Rd.
Warsaw, NC 28398
Dear Mr. Kilpatrick:
OAPM%=0010
1:3ENF40
December 9, 1"CE'"D) DEC 1 2 1W
Subject: Additional Information Request
Circle K Farm I & 2.
Facility # 31-77
Animal Waste Operation
Duplin County
The Non -Discharge Permitting Unit has completed a preliminary review of the subject application.
Additional information is required before we can continue our review. Please address these issues by January
9, 1998. The following components were not submitted with your application:
1) A Site Schematic
2) An Operation and Maintenance Plan
Please reference the subject permit application number when providing the requested information.
All information should be signed. sealed. and submitted in duplicate to my attention at the address below.
The information requested by this letter. must be submitted on or before January 9. 1998. or the Division will
return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be
considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid
permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement
authority of the Environmental Management Commission.
If you have any questions regarding, this request. please call me at [phone]. extension 533.
cc: WY.11mington Regional Office, Water Quality
Permit File
Sincerely.
Katharine Keaton
Soil Scientist
Non -Discharge Permitting Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

J
Z 153 116 124
US Postal Service
Receipt for Certified Mai{
No Insurance Coverage Provided.
Do not use for Intemational Mail See reverse
Sent to
1 l
Stre S N ` y r (� j
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Postage a
$
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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
October 15, 1997
'f" ` # Z 312 636 570
CReturn Rmeint Requested
David J. Kilpatrick
CK I and CK II Farm
401 Fox Ridge Road
Warsaw, NC 28398
Subject: NOTICE OF DEFICIENCY
CK I and CK II Farm
Facility Number: 31-77
Duplin County
Dear Mr. Kilpatrick:
Secretary
On October 9, 1997 Staff from the Wilmington Regional Office of the Division of Water Quality,
inspected your animal operation and the lagoon(s) serving this operation. It was observed that no irrigation
records were on site documenting waste application.
NRCS-USDA standards specify that waste application records be kept on site to log actual application
rates. These records should include the application date and time, where the waste was applied, how much
was applied, and an up to date waste analysis. In addition, the inlet pipes in lagoon #1 should be extended
and the erosion areas backfilled with a suitable clay material and reseeded with an appropriate vegetative
cover. Erosion areas on the inner wall of lagoon #2 and in a storm water diversion adjacent to the lagoon
should be filled with clay and reseeded. Bare areas on both lagoons should be reseeded. Markers indicating
minimum and maximum liquid levels should be installed in both lagoons, and the bermuda grass crop should
be improved.We suggest that you contact your service company, local NRCS or Soil and Water District
office for any assistance they may be able to provide to correct the situation.
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 waste management plan. Failure
to do so may result in the facility losing it's deemed permitted status, requiring it to obtain an individual non
discharge permit.
I27 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] a Fax [phone]
An Equal Opportunity Affirmative Action Employer

�Z 312 63L 570
US Postal service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
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MSt S t� r
Post Office, State, 3 zipCode
Postage
$
Certified Fee
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David J. Kilpatrick
October 15, 1997
Page 2.
Please be aware it is a violation of North Carolina General Statutes and Rules to discharge wastewater
to the surface waters of the State without a permit and/or to fail to follow a certified waste management plan.
The Department of Environment, Health and Natural Resources has the authority to levy a civil penalty of
not more than $10,000 per day per violation.
When the required connective actions are complete, please notify this office in writing at the address
below. If you have any questions concerning this matter, please call David Holsinger, Andy Helminger or
Brian Wrenn at 910-395-3900.
Sincerely,
Brian L. Wrenn
Environmental Specialist
cc: Billy Houston, County Soil and Water Conservation
Sandra Weitzel, NC Division of Soil and Water Conservation
Brian Spell, Dogwood Farms
Operations Branch
�.W.iliz%ington F� iles�--

o SEND M
■Comptsle items 1 andlor 2 for additional services. - _ —
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I also wish t0 receive the
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State of North Carolina
Department of Environment;,;
Health and Natural Resources 5 egg?
Division of Water Quality SEE
James B. Hunt, Jr., Governor BY.
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
September 11, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David John Kilpatrick II
Circle K Farm I & II
401 Fox Ridge Rd
Warsaw NC 28398
Farm Number: 31-77
Dear David John Kilpatrick II:
A 5�'r
I[4J
IDEHNPt
You are hereby notified that Circle K Farm I & II, 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 thirty (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 [phone] extension
363 or Dave Holsinger with the Wilmington Regional Office at [phone].
Sincerely,
:Preston 11 d, 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 [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environ
Health and Natural Res
Division of Water Quality
E
AUG 14 1997
James B. Hunt, Jr., Governor BY.�
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 12, 1997
MEMORANDUM
�EHNR
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 31-77 and 31-107 were combined under one facility number; 31-77.
Facility number 31-107 was deleted from the animal operations database.
If you have any comments or questions please feel free to call me at [phone] ext 502.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Afirwmative Action Employer 50% recycled/10 % post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 21, 1997
Mr. John Kilpatrick
Kilpatrick Farms, Inc.
P.O. Box 56
Kenansville, NC 28349
Dear Mr. Kilpatrick:
&4 lie
- !j h
E)EHNF1
Circle K Farm #2
Facility Number: 31-77
Duplin County
As per your request, Division staff have reviewed the information submitted for the Circle K Farm #2.
This letter is to inform you that the Division will accept the documentation outlined in your submission
and your intent to use the capacity of the lagoon as built in 1991. It also appears that sufficient acreage,
soils type and vegetation is available for the application of waste as outlined under the current USDA-
NRCS guidelines for a finishing operation of 6336 head. Please complete and return the attached
registration form with the revised design capacity- This form will be added as an addendum to the
information package we have received.
I would remind you that existing feedlots which meet the size thresholds listed in the rule, and any new
or expanded feedlots constructed between February 1, 1993 and December 31, 1993 must submit a signed
certification form to DWQ by December 31, 1997. New or expanded feedlots constructed after
December 31, 1993 must obtain signed certification before animals are stocked on the farm -
Assistance with certification of an approved animal waste management plan may be obtained by
contacting your local Soil and Water District or NRCS office. In addition, revision of your plan or
additional measures may be required if a documented water quality violation is found resulting from this
site in the future.
Thank you for your attention in this matter. If you have any further questions, please contact me or Mr.
David Holsinger at [phone].
Sincerely,
P-1t,C--V-- s(--�iv-5-`t--
Rick Shiver, P.G.
Regional Supervisor
cc: Dennis Ramsey
Mike Sugg, NRCS
Wilm-it gtorizFiles
S:\WQS\DAVEH\31-77OK. LET
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

. pL J✓L C 6
2)
.�,
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Environmental Management Jonathan B. Howes
Governor Water Quality Section Secretary
November 20, 1996
MEMORANDUM
TO: Dennis Ramsey, Supervisor
Water Quality - Operations
FROM: David Holsinger, Environmental Engineer
Wilmington Regional Office
SUBJECT: Documentation of existence
Kilpatrick Farms CK2
Facility Number 31-77
Duplin County
Attached please find documentation provided by Mr. John Kilpatrick concerning verification of the
existing capacity of his operation.
As I understand, Mr. Kilpatrick received a design from USDA-SCS (now NRCS) in 1989 for a
capacity of 3672 animals. At the time of construction Mr. Kilpatrick over built the lagoon size. However,
while current rules would require that these lagoons in be lined, neither lagoon has a liner. In 1994 USDA-
SCS provided a waste management plan to Mr. Kilpatrick recognizing a capacity of 4896. The registration
form returned to the Division in 1993 states a system design capacity of 4900 animals. Mr. Kilpatrick
claims that it has been his intention since construction of the lagoon to increase to 6336 animals at this site.
Please review the attached material and provide me your comments for a solution.
If you have any further questions, please contact me at 910-395-3900, x:203.
ATTACHMENTS
cc, Ken Eagleson
Wilmington Regional Office
SAWQS DAVEME)UPLIM31-77A.MEM
127 Cardinal Drive Extension, Wilmington, H.C. 2SQ5-3845 • Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

�l�V 12 1996
KILPA TRICK FARMS INC..
P.O. BOX 56
KENANSVILLE, NC 28.349
[phone]
Mr. Dave Holsinger
Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Dear Mr. Holsinger,
This letter is to verify the chronological events that have occurred on my farm due to the
planned expansion of my swine facilities. There have been several documents generated
throughout this process copies will be noted in the text and enclosed for your review.
1991
The Lagoon is under construction, there are thoughts of future expansion so the decision
is made to construct the lagoon much larger than is planned. There becomes available
the opportunity to use fly -ash material from my employer, Cogentrix, as pad fill for
future expansion. However, if fly -ash is used there must also be available earth fill for
proper construction and seeding requirements. As a result, a permit is applied for and
granted on 10/21/91 to excavate 3 acres of wetlands, the fill of which will be used for
construction purposes on the pads (document included). Lagoon is completed in the Fall
of 1991.
1992
Started excavating wetland exemption area. Small portions of fly -ash material is being
hauled into the area throughout 1992; however, no documentation is generated since they
do not exceed regulatory amounts. Lagoon is construction checked on 11/17/92 by Soil
& Water Conservation_ (reference the field book copy)
1993
Fly -ash and earth fill material are being moved about as time permits throughout 1993.
A document is generated and signed by me to receive larger amounts of fly -ash the
amounts would later exceed regulatory amounts. (document included)

1994
An Erosion and Sedimentation Control Plan is generated by Appian Engineers on the fill
areas as required by law. This plan was initiated by ReUse Technologies. (visual map
included and dated 3/24/94)
1995
ReUse Technologies continues to haul material throughout 1995.
1996
ReUse completes project and explains in detail what has taken place and the
requirements that were met by both involved parties.
I hope this will help you in the assessment of the situation. A timely response would be
greatly appreciated.
With Kind Regards,
Kilpa 'ck

FROM:OMNIFAX TO' 1 919 222 5071 DEC 14, 1993 10:12AM P-02
Coal Combustion By -Product
Structural Fill
Landowner's Statement of Consent
As the owner (or the owner's authorized representative) of land upon which ReUsc
Technology plans to construct a coal combustion by -}product structural fill, I hereby
acknowledge and consent to the use of coal combustion by-products as structural fill. If
more than one thousand (1000) cubic yards of coal combustion by-products are utilized on
this property, I agree to file a statement of the volurne and locations of the coal
combustion by-products with the Register of Deeds in the county or counties whcrc the
property is located in accordance with the requirements of l SA NCAC l 3B.1707.
Property Uwattion:,. 4 ,o a 3
/Kw 4 L
Name: C—z kle
Signature:

r+ T
7
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T Everett. Pl,.lI
William W. Cobey, Jr., Secretary Director
October 21, 1991
It«.q„11,11 0[[1rc,
704 2;1
I at•eav%dic
919' .XG-Ii4J Mr. John Kilpatrick
P.U. Box 645
Kenansvi.11e, N.C. 28349
Rah•ui,.
Dear Mr. Kilpatrick;-
'"'iy'"114" Subject: Proposed Fill in Headwaters or isolated Wetlands
Proposed aquaculture facility
Duplin County
Project #91471
qy ,•r,. --rr1-
Upon review of your request for Water Quality Certification
to place fill material in about 3.0 acres of wetlands for
aquaculture operation located at 5R 1981 in Duplin County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2176 issued November 4, 1987. A
copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engi-neers' Nationwide Permit No. 26.
if you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
eo ge T. Everett
GTE -.JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
PO Hnt 2 H;3 . IvLlio:h, N,rc[h Cjr„ hna 27n2r,011+ Tc;cphirnc r+ly-733-701 r li Ilan ,r, I'rc anw n I!n

GN k CONSTRUCTION O�
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PACTEO ASH
REMOVE TOPSOIL k
RESERVE FOR COVER
MATERIALTI �ERBERMCO
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2' MIN
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SD-12
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SD-19
LAND GRADING
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OPERMANENT SEEDING
7 -7 = LIMITS OF ASH FILL
CONCRETE FOUNDATION
(BY OTHERS) Z

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TOTAL DISTURBANCE - 4.7 Ac-
SCALE
M 1 1 L--�
200 250 300 350 400

AGREEMENT
_ Between
JOHN KILPATRICK And ReUSE TECHNOLOGY, INC.
THIS AGREEMENT (the "Agreement") dated as of the /Z day of 1996 is by
and between JOHN KILPATRICK, resident of Magnolia, North olina (Kilpatrick),
and ReUSE TECHNOLOGY INC., a North Carolina corporatio eUse).
Whereas, Kilpatrick and ReUse have jointly desired to participate in the construction of
three building pads located on Kilpatrick's property in Duplin County, North Carolina
(the "Site") to.beiused�i6-r-Ahersubs,�-,quenttco�nstrucjion.of�hoghDuses`(the "Work"); and
Whereas, a dispute has arisen between Kilpatrick and ReUse concerning responsibility
for performing certain portions of grading and cover necessary for the Work; and
Whereas the parties desire to resolve this dispute, and to clarify the responsibility for
future activities and for maintenance of the completed Work;
Now Therefore, intending to be legally bound, the parties hereto agree as follows:
WORK COMPLETED BY ReUSE
As of the date of this agreement, ReUse has satisfactorily completed the following
portions of the Work:
I . ReCisemhasy-zsubmitted.�diQt f ratio.Ito. the=NorthCa..roiina�]epa_rtmenI of
Env, }c nment; rIealth, d t 1 esourcesrfor�tli oLstraction, jdii :coal combustion
bygpieductswofzthradswforrbogahouses-Liocatedrat--the-7Site--in-faccordance�—wilip- 15A
NGG�►�13MO Such notification included but was not limited to Toxicity
Characteristic Leaching Procedure analyses of the coal combustion by-products and
engineering plans for the project.
2. ReUse has provided for the design of an erosion control plan and has obtained all
approvals necessary for erosion control plans for the Work.
3. ReUse has installed and maintained all erosion control measures necessary for the
Work.
4. ReUse provided site preparation grading for a portion of the Work.
5. ReUse has provided, trucked, spread, and compacted coal combustion by-products
in a manner sufficient to support hog--houses,at the Site.

6. ReUse has provided a portion of the earthwork necessary to complete the Work
including partial berm construction and final grading of berms and cover material.
7. ReUse has paid for earthwork performed by Mr. Henry Yoder to raise berms
surrounding one of the pads.
$. ReUse has provided and spread grass seed in a quantity sufficient to minimize
erosion.
WORK COMPLETED BY KILPATRICK
As of the date of this agreement, Kilpatrick has satisfactorily completed the following
portions of the Work:
1. Kilpatrick obtained from the Soil Conservation Services, maps and paperwork
necessary to support. ReUse's permitting efforts.
2. Kilpatrick has provided clearing for the Work.
3. Kilpatrick has provided site preparation grading for portions of the Work.
4. Kilpatrick provided earthen material at the pad locations for construction of berms
and cover.
5. Kilpatrick requested the services of Charlie Carter, d.b.a. H.C.C. Grading
Contractor ("HCC") to excavate and stockpile earthen material for cover of two pads.
FUTURE OBLIGATIONS OF ReUSE
To complete the Work, ReUse shall be responsible for the following:
1. ReUse shall provide sufficient grading and seeding to comply with the written
requirements of the North Carolina Department of Environment, Health, and Natural
Resources, Land Quality Section.
2. ReUse shall provide the professional engineer certification required by 15A NCAC
13B .1700.
3. ReUse shall pay to HCC the sum of seventeen thousand dollars ($17,000.00). Such
payment is for a portion of the excavation and grading services performed by HCC and
included in HCC's invoices directed to ReUse and dated February 20, 1996.

FUTURE OBLIGATIONS OF KILPATRICK
The future obligations of Kilpatrick following completion of the Work by ReUse are as
follows:
1. Kilpatrick shall pay to HCC the sum of four thousand three hundred ninety three
dollars and eighty two cents ($4,393.82). Such payment is for a portion of the
excavation and grading services performed by HCC and included in HCC's invoices
dated February 20, 1996.
2. As the property owner, Kilpatrick shall record the coal combustion by-product
structural fills in accordance with 15A NCAC 13B .1707.
3. KiIpatrick shall maintain the Work, including all pads constructed with coal
combustion by-products and accompanying cover and erosion control structures in such
a manner as to prevent environmental damage such as, but not limited to, dusting,
sedimentation and erosion.
11M , !
Other than those obligations specifically outlined in this Agreement, neither party shall
have any further obligations to the other with respect to the Work, and Kilpatrick shall
be responsible for future maintenance of the completed Work.
This Agreement shall be deemed to be a contract made under, and for all purposes shall
be construed in accordance with, the internal laws and judicial decisions of the State of
North Carolina.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, as the cause may be, under seal or by their duly authorized corporate officers
as of the date and year first above written.
SE TECHNOLOGY, INC.
By:
Title: Vwe 7R e5Je,^�" Ert✓�OnMQ cI

STATE
40
APPPOVr
NORTH CAR004 ENVIRONh'2,4TAL
MANAGEMENT co.M;:7!&SIO ?
GIVlSION OE WATER -Y
State V North Carolina
-G-9�
Department of Environment,' Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Environmental Management Jonathan B. Howes
Governor Water Quality Section Secretary
November 20, 1996
MEMORANDUM
TO: Dennis Ramsey, Supervisor
Water Quality - Operations
FROM: David Holsinger, Environmental Engineer
Wilmington Regional Office
SUBJECT: Documentation of existence
Kilpatrick Farms CK2
Facility Number 31-77
Duplin County
Attached please find documentation provided by Mr. John Kilpatrick concerning verification of the
existing capacity of his operation.
As I understand, Mr. Kilpatrick received a design from USDA-SCS (now NRCS) in 1989 for a
capacity of 3672 animals. At the time of construction Mr. Kilpatrick over built the lagoon size. However,
while current rules would require that these lagoons in be lined, neither lagoon has a liner. In 1994 USDA-
SCS provided a waste management plan to Mr. Kilpatrick recognizing a capacity of 4896. The registration
form returned to the Division in 1993 states a system design capacity of 4900 animals. Mr. Kilpatrick
claims that it has been his intention since construction of the lagoon to increase to 6336 animals at this site.
Please review the attached material and provide me your comments for a solution.
If you have any further questions, please contact me at 910-395-3900, x:203.
/:IU-9X- OrmMU N►W0
cc: Ken Eagleson
Wilmington Regional Office
SAW QSIDAVEHIDUPLM31-77A. MEM
121 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 a Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

r , i .
It'j,
) V s f J
KILPA TRICK FARMS INC..
P.O. BOX 56
KENANSVILLE, NC 28349
[phone]
Mr. Dave Holsinger
Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Dear Mr. Holsinger,
This letter is to verify the chronological events that have occurred on my farm due to the
planned expansion of my swine facilities. There have been several documents generated
throughout this process copies will be noted in the text and enclosed for your review.
1991
The Lagoon is under construction, there are thoughts of future expansion so the decision
is made to construct the lagoon much larger than is planned. There becomes available
the opportunity to use fly -ash material from my employer, Cogentrix, as pad fill for
future expansion. However, if fly -ash is used there must also be available earth fill for
proper construction and seeding requirements. As a result, a permit is applied for and
granted on 10/21/91 to excavate 3 acres of wetlands, the fill of which will be used for
construction purposes on the pads (document included). Lagoon is completed in the Fali
of 1991.
1992
Started excavating wetland exemption area. Small portions of fly -ash material is being
hauled into the area throughout 1992, however, no documentation is generated since they
do not exceed regulatory amounts. Lagoon is construction checked on 11/17/92 by Soil
& Water Conservation. (reference the field book copy)
1993
Fly -ash and earth fill material are being moved about as time permits throughout 1993.
A document is generated and signed by me to receive larger amounts of fly -ash the
amounts would later exceed regulatory amounts. (document included)

1994
An Erosion and Sedimentation Control Plan is generated by Appian Engineers on the fill
areas as required by law. This plan was initiated by ReUse Technologies. (visual map
included and dated 3I24/94) }
1995
ReUse Technologies continues to haul material throughout I995.
1995
ReUse completes project and explains in detail what has taken place and the
requirements that were net by both involved parties.
I hope this will help you in the assessment of the situation. A timely response would be
greatly appreciated.
With Kind Regards,
/hntrick

FRCM:OMNtFAX- TO: 1 919 022 5,271 DEC 14, 1993 10:12RM P.2,2
Coal Combustion By -Product
Structural Fill
Landowner'Atatement of Consent
As the e.vner (or the owner's authorized representative) of land upon which ReUsc
Technology plans to construct a coal combustion by-product structural fill, I hereby
acknoNvledne and consent to the use of coal combustion by-products as structural fill. If
more than one thousand (1000) cubic yards of coal combustion by-products are utili7.ed on
this proj�e:-ty, 1 agree to file a statement of the volume and locations of the coal
combustion by-products with the ReOister of Deeds in the county or counties where the
property is located in accordance with the requirements of 1 SA NCAC 1313.1707.
Property Location:. �1/
fie - Hw o /Z
-A) 11?/
Name: G"'�Cl 429�
Signature:._.,
Date.:

K lrr \-1At�f1��:
State of North Carolina
Department of Environirnent, Health, and Natural Resources
Division of Invironmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
lame. G Nlartin, Governor Georga T: Everett.
\C''illiam 1a? Cobey, Jr., Secretary l)irf;c_In
nctober. 21, 1991
Mr. John Kilpatrick
P.U. Box 645
Kenans�i.1le, N.C. 28349
Dear Mr. Kilpatrick;
.,I Subject: Proposed Fill in Headwaters or Isolated Wetlands
•,; ,,_,r l Proposed aquaculture facility
Duplin County
Project 491471
upon review of your request for Water Quality Certification
ro place fill material in about 3.0 acres of wetlands for
aquaculture operation located at SR 1981 in Duplin County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2176 issued November 4, 1987. A
copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney
at 919M3--5083.
Sincerely,
Q.age T. Everett
GTE: JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
PO Ho' 29ii� }Liie[t:h I\Inrth (andini ?76nI i;i TcJvphl,nv 91L[.7;;-710 1 I°<[I1upi 1, 1'rc,rc:um RIN"
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.GN & CONSTRUCTION OF
NOATION By OTHERS
PACTEO AS!-.
REMOvE TOPSOIL &
RESERVE FOR COVER
MATERIAL & BERM
• -CONSTRUCTION
— 2' MIN
WATER TABLE
w
SD-12
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LAND GRADING -
ASH FILL
�M MULCH
OPERMANENT SEEDING
LIMITS OF ASH FILL
- CONCRETE FOUNDATION
- - (BY OTHERS)

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632-4949
uLOCO
TOTAL DISTURBANCE - 4.7 Ac.
NORTH
SCALE
200 250 300 350 400
Sr AU
1 " - 100'
DA It Di Sire.
MAR., 1994 R. T.B.
DRAWN fiI CRKC,
M. G. Jr, -CAD B.J.
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CONSULTING 'NGINEERS. PA
CIVIL, MUNICIPAL &STRUCTURAL
ENGINEERS
P 0 BOX 7966 ROCK WOUNI NC 27B04
(9)9} 972 .7 703
GENvE51SS 1't
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D-0341 ~~

AGREEMENT
Between
JOHN KILPATRICK And ReUSE TECHNOLOGY, INC.
THIS AGREEMENT (the "Agreement") dated as of the //- day of 1996 is by
and between JOHN KILPATRICK, resident of Magnolia, North olina (Kilpatrick),
and ReUSE TECHNOLOGY INC., a North Carolina corporatio eUse).
Whereas, Kilpatrick and ReUse have jointly desired to participate in the construction of
three building pads located on Kilpatrick's property in Duplin County, North Carolina
(the "Site") to be used for the subsequent construction of hog houses (the "Work"); and
Whereas, a dispute -has arisen between Kilpatrick and ReUse concerning responsibility
for performing certain portions of grading and cover necessary for the Work; and
Whereas the parties desire to resolve this dispute, and to clarify the responsibility for
future activities and for maintenance of the completed Work;
Now Therefore, intending to be legally bound, the parties hereto agree as follows:
WORK COMPLETED BY ReUSE
As of the date of this agreement, ReUse has satisfactorily completed the following
portions of the Work:
1. ReUse --has -submitted--notification -to the North Carolina Department of
Env ironment,,-Health,,,and_Natural- Resources for the construction with coal combustion
by,.products,of.•three-pads.•for, hog,,houses-71ocated at the Site in accordance =witli- 15A
NCAG'--13B_V-.-1706. Such notification included but was not limited to Toxicity
Characteristic Leaching Procedure analyses of the coal combustion by-products and
engineering plans for the project.
2. ReUse has provided for the design of an erosion control plan and has obtained all
approvals necessary for erosion control plans for the Work.
3. ReUse has installed and maintained all erosion control measures necessary for the
Work.
4. ReUse provided site preparation grading for a portion of the Work.
5.. ReUse has provided, trucked, spread, and compacted coal combustion by-products
in a manner sufficient to support hogfhouses-atathe-Site.

6. ReUse has provided a portion of the earthwork necessary to complete the Work
including partial berm construction and final grading of berms and cover material.
7. ReUse has paid for earthwork performed by Mr. Henry Yoder to raise berms
surrounding one of the pads.
8. ReUse has provided and spread grass seed in a quantity sufficient to minimize
erosion.
WORK COMPLETED BY KILPATRICK
As of the date of this agreement, Kilpatrick has satisfactorily completed the following
portions of the Work:
1. Kilpatrick obtained from the Soil Conservation Services, maps and paperwork
necessary to support ReUse's permitting efforts.
2. Kilpatrick has provided clearing for the Work.
3. Kilpatrick has provided site preparation grading for portions of the Work.
4. Kilpatrick provided earthen material at the pad locations for construction of berms
and cover.
5. Kilpatrick requested the services of Charlie Carter, d.b.a. H.C.C. Grading
Contractor ("HCC") to excavate and stockpile earthen material for cover of two pads.
FUTURE OBLIGATIONS OF ReUSE
To complete the Work, ReUse shall be responsible for the following:
1. ReUse shall provide sufficient grading and seeding to comply with the written
requirements of the North Carolina Department of Environment, Health, and Natural
Resources, Land Quality Section.
2. ReUse shall provide the professional engineer certification required by 15A NCAC
13B .1700.
3. ReUse shall pay to HCC the sum of seventeen thousand dollars ($17,000.00). Such
payment is for a portion of the excavation and grading services performed by HCC and
included in HCC's invoices directed to ReUse and dated February 20, 1996.

FUTURE OBLIGATIONS OF KILPATRICK
The future obligations of Kilpatrick following completion of the Work by ReUse are as
follows:
1. Kilpatrick shall pay to HCC the sum of four thousand three hundred ninety three
dollars and eighty two cents ($4,393.82). Such payment is for a portion of the
excavation and grading services performed by HCC and included in HCC's invoices
dated February 20, 1996.
2. As the property owner, Kilpatrick shall record the coal combustion by-product
structural fills in accordance with 15A NCAC 13B .1707.
3. Kilpatrick shall maintain the Work, including all pads constructed with coal
combustion by-products and accompanying cover and erosion control structures in such
a manner as to prevent environmental damage such as, but not limited to, dusting,
sedimentation and erosion.
GENERAL
Other than those obligations specifically outlined in this Agreement, neither party shall
have any further obligations to the other with respect to the Work, and Kilpatrick shall
be responsible for future maintenance of the completed Work.
This Agreement shall be deemed to be a contract made under, and for all purposes shall
be construed in accordance with, the internal laws and judicial decisions of the State of
North Carolina.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, as the cause may be, under seal or by their duly authorized corporate officers
as of the date and year first above written.
SE TECHNOLOGY, INC.
By:
Title: E�✓,_on.r.Q,�c/

=F1
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Environmental Management Jonathan B. Howes
Governor Water Quality Section Secretary
November 20, 1996
VLTJ IK5to) 7\Llililul
TO: Dennis Ramsey, Supervisor
Water Quality - Operations
FROM: David Holsinger, Environmental Engineer
Wilmington Regional Office
SUBJECT: Documentation of existence
Kilpatrick Farms CK2
Facility Number 31-77
Duplin County
Attached please find documentation provided by Mr. John Kilpatrick concerning verification of the
existing capacity of his operation.
As I understand, Mr. Kilpatrick received a design from USDA-SCS (now NRCS) in 1989 for a
capacity of 3672 animals. At the time of construction Mr. Kilpatrick over built the lagoon size. However,
while current rules would require that these lagoons in be lined, neither lagoon has a liner. In 1994 USDA-
SCS provided a waste management plan to Mr. Kilpatrick recognizing a capacity of 4896. The registration
form returned to the Division in 1993 states a system design capacity of 4900 animals. Mr. Kilpatrick
claims that it has been his intention since construction of the lagoon to increase to 6336 animals at this site.
Please review the attached material and provide me your comments for a solution.
If you have any further questions, please contact me at 910-395-3900, x:203.
FV".1110"S 4210
cc: Ken Eagleson
' Wilmington Regional Office
-Z.- %7
aim <r �f2.r�c �jri v'�S � • 1
S AWQSIDAVEHIDUPLW\31-77A.MEM
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

1199 19WL
'� mov 12 1996 bo"I"
MLPAMCK FARMS INC..
P.O. BOX 56
KENANS PULE, NC28349
[phone]
Mr. Dave Holsinger
Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Dear Mr. Holsinger,
This letter is to verify the chronological events that have occurred on my farm due to the
planned expansion of my swine facilities. There have been several documents generated
throughout this process copies will be noted in the text and enclosed for your review.
1991
The Lagoon is under construction, there are thoughts of future expansion so the decision
is made to construct the lagoon much larger than is planned. There becomes available
the opportunity to use fly -ash material from my employer, Cogentrix, as pad fill for
future expansion. However, if fly -ash is used there must also be available earth fill for
proper construction and seeding requirements. As a result, a permit is applied for and
granted on 10/21/91 to excavate 3 acres of wetlands, the fill of which will be used for
construction purposes on the pads (document included). Lagoon is completed in the Fall
of 1991.
1992
Started excavating wetland exemption area. Small portions of fly -ash material is being
hauled into the area throughout 1992; however, no documentation is generated since they
do not exceed regulatory amounts. Lagoon is construction checked on 11/17/92 by Soil
& Water Conservation. (reference the field book copy)
1993
Fly -ash and earth fill material are being moved about as time permits throughout 1993.
A document is generated and signed by me to receive larger amounts of fly -ash the
amounts would later exceed regulatory amounts. (document included)

1994
An Erosion and Sedimentation Control Plan is generated by Appian Engineers on the fill
areas as required by law. This plan was initiated by ReUse Technologies. (visual map
included and dated 3/24/94)
1995
ReUse Technologies continues to haul material throughout 1995.
1996
ReUse completes project and explains in detail what has taken place and the
requirements that were met by both involved parties.
I hope this will help you in the assessment of the situation. A timely response would be
greatly appreciated.
With Kind Regards,
Kilpatrick

FROM:CMNIFAX TO: 11919 e22 5071 DEC 14, 1993 10:12AM P.02
Coal Combustion By -Product
Structural Till
Landowner's Statement of Consent
As the owner (or the owner's authorized representative) of land upon which ReUse
Technology plans to construct a coal combustion by-product structural fill, T hereby
acknowledge and consent to the use of coal combustion by-products as structural fill. If
more than one thousand (1000) cubic yards of coal combustion by-products are utilized on
this property, 1 agree to file a statement of the volume and locations of the coal
combustion by-products with the Register of Deeds in the county or counties where the
property is located in accordance with the requirements of 15A NCAC 1313.1707.
Property Location% C/ a._ 3!11"� 5
Name: 4f"),4C/
Signature:___. G
Date:_._. /a2 --,� / 9

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. itiiarrin, Governor George T Everett. Ph.[).
William W. Cobey, Jr., Secretary Director
October 21, 1991
Regg"11di ()iti.c.
A,hcvillc
71N 2�I r.20S
li3vcnec�llr
y,9-aHr,.1 1i Mr. John Kilpatrick
P.O. Box 645
11.v�.vdlc Kenansville, N.C. 28349
-i
k..Imi•,
Dear Mr. Kilpatrick;
1Y.,'ivnLt I
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Proposed aquaculture facility
Duplin County
Project #91471
upon review of your request for Water Quality Certification
to place fill material in about 3.0 acres of wetlands for
aquaculture operation -located at SR 1981 in Duplin County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2176 issued November 4, 1987. A
copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney
dt 919/733-5083.
Sincerely,
eo ge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
PO Hux 29:-. ILticwh. ' ..mh (,In Tina 27n2r,ltSii Tdvphnru- 9111 73, 7U1; lidlunim Prck,-u-n Pa,.
do I grit f lip ,rtunnv\mirn.ni.r :� anit I mpfn,rr

GN & CONSTRUCTION OF
NOATION BY OTHERS
PACTED ASH
REMOVE TOPSOIL &
RESERVE FOR COVER
MATERIAL do
2' MIN
WATER TABLE
SD-12
--a- TD -o-- SD-18
SD-19
LAND GRADING -
ASH FILL
OM MULCH
OPERMANENT SEEDING
V-7— LIMITS OF ASH FILL
CONCRETE FOUNDATION
(BY OTHERS)
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5) BEFORE
YOU DIG
CALL TOLL
FREE
1-800-
632 - 4949
ULOCO
TOTAL DISTURBANCE - 4.7 Ac.
NORTH
SCALE
200 250 300 350 400
SCALE
1 " - 100'
DAIF DE❑GN
MAR., 1994 R.T B.
DRAW4 9. CMKU
M. G. Jr. -CAD B.J.
�;;; in rl rl r i• ■ i
well ooIcoIon
CONSULTING ENGINEERS, PA
CIVIL, MUNICIPAL & STRUCTURAL
ENGINEERS
PO. BOX 7966 ROCKY MOUNT 4C 27"
(919) 977 -7703
GENESIS I
.
CAR
4
J.N. 94-017 _
b-0341

AGREEMENT
Between
JOHN KILPATRICK And ReUSE TECHNOLOGY, INC.
THIS AGREEMENT (the "Agreement") dated as of the /� day of 1996 is by
and between JOHN KILPATRICK, resident of Magnolia, North olina (Kilpatrick),
and ReUSE TECHNOLOGY INC., a North Carolina corporatio eUse).
Whereas, Kilpatrick and ReUse have jointly desired to participate in the construction of
three building pads located on Kilpatrick's property in Duplin County, North Carolina
(the "Site") to be u-�ed--fos the subsequen onstnzqttwofdf(g 'bGses'(the "Work"); and
Whereas, a dispute has arisen between Kilpatrick and ReUse concerning responsibility
for performing certain portions of grading and cover necessary for the Work; and
Whereas the parties desire to resolve this dispute, and to clarify the responsibility for
future activities and for maintenance of the completed Work;
Now Therefore, intending to be legally bound, the parties hereto agree as follows:
WORK COMPLETED BY ReUSE
As of the date of this agreement, ReUse has satisfactorily completed the following
portions of the Work:
1. ReUse has submitted Ql patio to=the�ltorth.�„Carolina��p�rtmens of
EnvtQn=nt•;xHealth,-.,a Na al: esource5.forathe,cotistntctio ith,Coalseombustion
byjp,roductsxofmthree= ads for=hogAousesslocatedratatheaSiteAnxaccordance w O 15A
NGAC-09-3B 1'700. Such notification included but was not limited to Toxicity
Characteristic Leaching Procedure analyses of the coal combustion by-products and
engineering plans for the project.
2. ReUse has provided for the design of an erosion control plan and has obtained all
approvals necessary for erosion control plans for the Work.
3. ReUse has installed and maintained all erosion control measures necessary for the
Work.
4. ReUse provided site preparation grading for a portion of the Work.
5. ReUse has provided, trucked, spread, and compacted coal combustion by-products
in a manner sufficient to support hog,houses-at the Site.

6. ReUse has provided a portion of the earthwork necessary to complete the Work
including partial berm construction and final grading of berms and cover material.
7. ReUse has paid for earthwork performed by Mr. Henry Yoder to raise berms
surrounding one of the pads.
8. ReUse has provided and spread grass seed in a quantity sufficient to minimize
erosion.
WORK COMPLETED BY KILPATRICK
As of the date of this agreement, Kilpatrick has satisfactorily completed the following
portions of the Work:
1. Kilpatrick obtained from the Soil Conservation Services, maps and paperwork
necessary to support ReUse's permitting efforts.
2. Kilpatrick has provided clearing for the Work.
3. Kilpatrick has provided site preparation grading for portions of the Work.
4. Kilpatrick provided earthen material at the pad locations for construction of berms
and cover.
5. Kilpatrick requested the services of Charlie Carter, d.b.a. H.C.C. Grading
Contractor ("HCC") to excavate and stockpile earthen material for cover of two pads.
FUTURE OBLIGATIONS OF ReUSE
To complete the Work, ReUse shall be responsible for the following:
1. ReUse shall provide sufficient grading and seeding to comply with the written
requirements of the North Carolina Department of Environment, Health, and Natural
Resources, Land Quality Section.
2. ReUse shall provide the professional engineer certification required by 15A NCAC
13B .1700.
3. ReUse shall pay to HCC the sum of seventeen thousand dollars ($17,000.00). Such
payment is for a portion of the excavation and grading services performed by HCC and
included in HCC's invoices directed to ReUse and dated February 20, 1996.

FUTURE OBLIGATIONS OF KILPATRICK
The future obligations of Kilpatrick following completion of the Work by ReUse are as
Follows:
1. Kilpatrick shall pay to HCC the sum of four thousand three hundred ninety three
dollars and eighry two cents (34,393.82). Such payment is for a portion of the
excavation and grading services performed by HCC and included in HCC's invoices
dated February 20, 1996.
2. As the property owner, Kilpatri_k shall record the coal combustion by-product
strucrural Fills in accordance with 15.E NCAC 13B .1707.
3. Kilpatrick snail maintain the NVork, including all pads constructed with coal
combustion by-products and accompanying cover and erosion control structures in such
a manner as to prevent environmental damage such as, but not limited to, dusting,
sedimentation and erosion.
GE\-ER_-kL
Other than those obligations specifically outlined in this Agreement, neither party shall
have any further obligations to the other with respect to the Work, and Kilpatrick shall
be responsible for future maintenance of the completed Work.
This Agreement shall be deemed to be a contract made under, and for all purposes shall
be construed in accordance with, the internal laws and judicial decisions of the State of
North Carolina.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, as the cause may be, under seal or by their duly authorized corporate officers
as of the date and year first above written.
to
I;UNIMI �7.104M
SE TECHNOLOGY, INC.
By:
Title: 1/ire -Pre Je,-.A won w2 J�c�

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B.- Howes, Secretary
John Kilpatrick
Circle K Farm #2
401 Fox Ridge Rd
Warsaw NC 28398
ID E i--1 NR
November 13, 1996
SUBJECT: Operator In Charge Designation
Facility: Circle K Farm #2
Facility ID#: 31-77
Duplin County
Dear Mr. Kilpatrick:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty.
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on -going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026.
Sincerely,
A. res on Howard, Jr., ector
Division of Water Quality
Enclosure
cc: Wilmington Regional Office
Water Quality Files
P.O. Box 27687, ��4C FAX [phone]
Raleigh, North Carolina 2761 1-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-715-4100 - 500k recycled/10% post -consumer paper

AGRIMENT SERVICES INC. U I@ a zuT'T-
P.O. BOX 1096
.BEULAVMLE NC 28518 SEP 2 7 1996
[phone], (9.19)658-0707
September 17, 1996
Mr. Dennis Ramsey
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
Dear Mr. Ramsey,
Enclosed is the information you requested regarding John Kilpatrick. There is existing
MRCS as -built information and the original waste plan for the facility also included is
updated information tharwe have created on the facility. In the August 28 letter you
mentioned two controlling factors for this case, the first being lagoon volume in order to
accommodate the waste from the additional animals the second concerned land that was
contained in the original waste plan. The as-builts volumes for both NRCS checks and
ours seem to coincide and we have put together an updated waste plan which shows how
John Kilpatrick can use the same land in his original plan to accommodate the waste
from the additional 1440 hogs. Please note that none of the updated information we have
created will become valid or be turned in to the district for review until a written
response is received clarifying this particular case.
With Ki egards, �xU
onnie G. KenneWy/
Vice -President Operations
Agriment Services Inc.,
W C"s r st Ana
z
SEP 2 0 MA
OP�RA�1[lN _ pgAW:tt

gist. to nearest residence(other than owners':" ft.
30ws (farrow to finish):====-===============>
cows (farrow to
'.lead (finishing only}:_____________________=> 6336
cows (farrow to wean):======================> -
'iead (wean to feeder):======== --------- =====>
Ave. Live Weight for other operations(lbs.):>
.storage volume for sludge accum. (cu. ft. l : _>
treatment Volume ( min. Z cu. ft: /lb.) :======> 1.0
_'5 Year - 24 Hour Rainfall (in.):==_____=_=_> 7.5
iainfall in excess of evaporation (in.)=====> 7.0
,rainage area of buildings & lots (sq. ft. ):>
lolume of wash water (gallons/day)====__====>
-emporary storage period (days):== ==___=> 180
ide slopes (inside lagoon):====____________> 2.5 1
Inside top length (ft. ):____________________> 400.1
:aside top width
•::p of dire elevation (ft.):______________-_> 50
:ottc•m of lagoon elevation (ft.l:_-----___-_> 6.5
seasonal high water table(SHWT) elev.(ft.):=>
.otal required volume:=============> 1212230,cu. ft.
=wtual design volume:==============>1231380.5 cu. ft.
stop pumping el. (> or = to 0.0 ft SHWT> ft.
(> or = to 42.5 ft Min)
?squired mini rum =reatEaent volume: 855360 cu. f L.
..Qlume at stop pumping elevation:-1399353 cu. ft.
.ulume at Start pumping elevation:-1399353 cu. ft.
..teal volume less 25yr-24hr rain: 115.4836 cu. f'C.
Verify that temp. sU.jraye is adequate:
Req. volume to be pumped:====> 280326 cu. ft.
Actual volume to be pumped:__> 0 cu. ft.
it.
no 2d-,4—

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WAuTE. UT1LiLA-3 1Cjly p'LAINi
FbF:
John i 1pu tr'i(7-P
Kenansv i l l e NC; 2 8,�:i•�
March 211, 19q4
cok_a:^ aniinr.l waste r_t'cilizatior, plan t',as been r^rNcifi�_�11��
i„ke+lF l +pe.Cj 1-ar' L't!+»,r y?w FEEI]EF; TO Fih71+�!-i.:1.;r G+r�EY=ctt lul'1.
The plan is bared on the soil types, crops to be gr u-,vin, and
method of application tor- your particular operation. The waste
must_ be land applied at a specified rate to prevent pollution
of srar=face and/or-- groundwater. The plant nmt-r=ients in the
animal waste should be Used to -reduce the amount of C-omrfterclal
fertilizer regquired for_ the crops in the fields Where the waste
is to be applied. This waste utiliZation plan uses nitreuer, as
the limiting nutrient. Wiiste should be analy-zed before each,
application and annual soil tests ar•-e encour-ageb so that all
plant nutr-ients and lime can be balanced for- realistic: yield
of the crops to be grown.
Several factor--s are important in implementing yoJ_Er- witSte
r.Itiliz4ation plan in order- to maximize the fertilizer- value
of the waste and to ensr_tr--e that it is applied in an c:rlviron—
mentall•y safe manner. Always apply waste based on the needs
of the crop to be grown and the nutrient content of the waste.
Tine amount of available nitrogen for plant use is dependant on
the method of application. Soil type is impor-•tar,t d!_ke to
different leaching potential and yield potential. Waste hall
not be applied to land eroding at gr^eate-r, than 5 tons per acre
per-- year. Coo not apply waste on saturated sails or on land
when the s, r=face is frozen. Either of these conditions may
result in rr_LnOfi- tc s ir-1"a e waters. �i1nd C++fi+�1t1 r,5 tisf_'s�.t�
also be considered to avoid drift and downwi.rrd odor-- pr-oblems.
To maximize the value of the nut•r'itn'+`s for Crop pr oductiQn and
redr_ice the potential for pollution, waste- should be applied to
a gr^ol•11ng crop, Or not mare than 30 daYs prior to pl-liting.
Soil incorporation of the waste will conserve nutr^cents and
•red'_ice odor problems.
The acres needed to apply the animal waste are based on
typical nutr^ien=. content for this type of facility. AnE_+al
acreage requirements may be more or less depending on the
specific waste analysis report for your -Facility at the time
i
of irrigation.

,� r- 4�.,-.te R_tti.li�ati�,n Fiaii is f��seU rrR ti-Re �=ollowirRg:
./mE%LE A. A1:1CUNT OF WA 3TE PRO DUCED PER YEAR
-
I NUMBER OF 1 I TONS WASTE PER I TONS WASTE I
I ANIMALS' I ,TYPE OF ANIMALS 1 1 000 ANIMALS i PER YEAR i
1 -- ------ --- i---------------------------------- I ---------------- I _.--..----------- I
E 9792, 1 FEEDER TO FINISH 1 1900 1 18604.8 !
-----------------------------------------------------------------------------
TABLE B.
SUMMARY
OF CROPS
BY FIf-_LD
----------------------------------------------------------------------------------
I TRACT
I FIELD
I SOIL
I ACRES I
CROP 1CRODC.ODEI
I---------I-------f-------I-------[-------------------------------
1 311812
1 1
1 FoA
1126. 7 1
I --------I
C[sRN I cf F I
1 3182
----------------------------------------------------------------------------
11
I FaN
li, .0 I
SMALL GRAIN PASTURE I GP I
TABLE C. SUMMARY OF CROPS, YIELD, AND NUTRIENT REQUIREMENTS BY SOIL
---------------------------------------------------------------------------------
I CROP I SO I L I YIELD I UNITS I TOTAL Psi 1 *TOTAL P I *TOTAL K I
I----------------------------I----E----I---_-f_---- I._._ ------__I_
E CORD! I F o A 11L0 I Bu 1 1`-10 10 160 - 30 1
E SMALL GRAIN PASTURE 1 FoA 1 1. S 1 TONS 1 65 130 - 50 150 - 70 1
-------------------------------------------------------------------------------
* Total phosphate and pota5h amounts sholAld be CoTI.1-inmetd With 8 sail test.
1-ABLE D. WASTE MANAGEMENT BY FIELD
I I E CROP I WASTE APPL I TYPE
I WASTE N
I COMM N 1
MONTHS Tu APIPILY I
I TRACT IFIELDI CODEI METHOD I WASTE
I LB/AC
I LB/AC I
I ------- I
ANIMAL WASTE i
---------------- ..- I
I------- I - - -- E - __ _ !----------- I --- ----
13, 12. ` f i I CO [ I RR i G9TE f SW i NE
I ----------
1 150
1 0 1
MARCH TO JUKE f
11318E 1 i f SGP I IR=R1Gaf,TE IS,WIN!E
1 6 155
! 0 1
OCT--NOi. & FEG--�IARC:i

crops, and a , scat Jon method shown- In tl .' '.�preceding tables will
date approximately 10051. animals of the type shown in Table A.
re commercial fertilizer i used than is shot-rn icy Table E, the
;tior,al act -es of land will be needed. A 10 Ow feet wade p er m«nerrt
sass filter strip should be seeded along all ditches in fields that
e-eLeive animal waste.
The acres shown in Table B are the ,_sable act -es in the field shown. Usable
acres are the acres- that must be- able' to receive animal waste. El. uffer areas
arong ditches, houses, properti� lines, etc. have teen subtracted from the
total field acreages to arrive at the usable acres. The total acres shown
on the attached map is needed for- land application in order to have the
proper buffer areas. A combination of land application equipment or
irrigation equipment may be'needed in order to properly land apply waste to
all parts of the fields listed. It is the responsibility of the producer to
acquire whatever equipment. is needed to properly land apply the waste.
ADDITIONAL COMMENTS
-'repTili: - C-7`"-
�oncurred in by: f Dat e �i 9
"ce —

Operator:John Kilpatrick County: Duplin Date: 08/30/96
Distance to nearest residence (other than owner): 0.0 feet
1. AVERAGE LIVE WEIGHT
(ALW)
0 sows (farrow to
finish)
x 1417
lbs.
= 0
lbs
0 sows (farrow to
feeder)-
x 522
lbs.
= 0
lbs
6336 head (finishing
only)
x 135
lbs.
= 855360
lbs
0 sows (farrow to
wean)
x 433
lbs.
- 0
lbs
0 head (wean to feeder)
x 30
lbs.
= 0
lbs
Describe other :
0
Total Average Live Weight = 855360 lbs
2. MINIMUM REQUIRED TREATMENT VOLUME OF LAGOON
Volume = 855360 lbs. ALW x Treatment Volume(CF)/lb. ALW
Treatment Volume(CF)/lb. ALW = 1 CF/lb. ALW
Volume = 855360 cubic feet
3. STORAGE VOLUME FOR SLUDGE ACCUMULATION
SLUDGE STORAGE NOT COMPUTED AT
Volume = 0.0 cubic feet LANDOWNER REQUEST, SLUDGE TO BE
REMOVED AS NEEDED
4. TOTAL DESIGNED VOLUME
Inside top length (feet)---------------------- 399.0
Inside top width (feet)----------------------- 306.2
Top of dike elevation (feet)------------------ 50.0
Bottom of lagoon elevation (feet)------------ 36.6
Freeboard (feet)------------------------------- 1.0
Side slopes (inside lagoon)-------------------- 2.5 : 1
Total design volume using prismoidal formula
SS/END1 'SS%END2 SS/SIDE1 SS/SIDE2 LENGTH WIDTH DEPTH
2.5 2.5 2.5 2.5 394.0 301.2 12.4
AREA OF TOP
LENGTH * WIDTH =
394.0 301.2 118665 (AREA OF TOP)
AREA OF BOTTOM
LENGTH * WIDTH =
332.0 239.2
AREA OF MIDSECTION
LENGTH * WIDTH * 4
363.0 270.2
79408 (AREA OF BOTTOM)
392301 (AREA OF MIDSECTION * 4)
CU. FT. _ (AREA TOP + (4*AREA MIDSECTION) + AREA BOTTOM) * DEPTH/6
118664.8 392301.1 79407.7 '2.1
Total Designed Volume Available = 1220105 CU. FT.

5. TEMPORARY STORAGE.REQUIRED
DRAINAGE AREA:
Lagoon (top of dike) --
Length * Width =
399.0 306.2 122165.7 square feet
Buildings (roof and lot water)
0.0 square feet Describe this area.
TOTAL DA 122165.7 square feet
Design temporary storage period to be 180 days.
5A. Volume of waste produced r
Feces & urine production in gal./day per 135 lb. ALW 1.37
volume = 855360 lbs. ALW/135 lb-s. ALW * 1.37 gal/day 180 days
Volume = 1562458 gals. or 208884.7 cubic.feet
5B. Volume of wash water
This is the amount of fresh water used for washing floors or volume
of fresh water used for a flush system. Flush systems that recirculate
the lagoon water are accounted for in 5A.
Volume = 0.0 gallons/day * 180 days storage/7.48 gallons
per CF
Volume = 0.0 cubic feet
5C. Volume of rainfall in excess of evaporation
Use period of time when rainfall exceeds evaporation by largest amount.
180 days excess rainfall - 7.0 inches
Volume = 7.0 in * DA / 12 inches per foot
Volume = 71263.3 cubic feet

5D. Volume of 25 year - 24 hour storm
Volume 7.5 inches / 12 inches per foot * DA
Volume = 76353.6 cubic feet
TOTAL REQUIRED TEMPORARY STORAGE
5A.
208885
cubic
feet
5B.
0
cubic
feet
5C.
71263
cubic
feet
5D.
76354
cubic
feet
TOTAL 356502 cubic feet
6. SUMMARY
Temporary storage period====================>
180
days
Rainfall in excess of evaporation===========>
7.0
inches
25 year - 24 hour rainfall==================>
7.5
inches
Freeboard===================================>
1.0
feet
Side slopes=================================>
2.5
: 1
Inside top length==========================>
399.0
feet
Inside top width============================>
306.2
feet
Top of dike elevation=======================>
50.0
feet
Bottom of lagoon elevation==================>
36.6
feet
Total required volume=======================>
1211862
cu. ft.
Actual design volume========================>
1220105
cu. ft.
Seasonal high watertable elevation (SHWT)===>
0.0
feet
Stop pumping elev.__________________________>
45.8
feet
Must be > or = to the SHWT elev.==========>
0.0
feet
Must be > or = to min. req. treatment el.=>
42.6
feet
Required minimum treatment volume===========>
855360
cu. ft.
Volume at stop pumping elevation============>
856824
cu. ft.
Start pumping elev.===______________________>
48.3
feet
Must be at bottom of freeboard & 25 yr. rainfall
Actual volume less 25 yr.- 24 hr. rainfall==>
1143752
cu. ft.
Volume at start pumping elevation===========>
1137889
cu. ft.
Required volume to be pumped================>
280148
cu. ft.
Actual volume planned to be pumped==========>
281065
cu. ft.
Min. thickness of soil liner when required==>
2.0
feet
7. DESIGNED BY: AGRIMENT SERVICES INC. APPROVED
BY:
DATE: r)/3O/96 DATE:
NOTE: SEE ATTACHED WASTE UTILIZATION PLAN
COMMENTS:

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WASTE UTILIZATION PLAN Page 1
DATE JUNE 101 1995
Producer: JOHN KILPATRICK
Location: 401 FOXRIDGE ROAD
WARSAW NC, 28398
Telephone: [phone]
Type Operation: Feeder to Finish Swine
Number of Animals: 11232
The waste from your animal facility must be land applied at a specified
rate to prevent pollution of surface and/or groundwater. The plant
nutrients in the animal waste should be used to*reduce the amount of
commercial fertilizer required for the crops in the fields where waste
is to be applied. This waste utilization plan uses nitrogen as the
limiting nutrient. Waste should be analyzed before each application
cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner. Always
apply waste based on the needs of the crop to be grown and the nutrient
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 pre-
cautions, waste may be applied to land eroding at up to 10 tons per
acre per year. Do not apply waste on saturated soils, when it is
raining, or when the surface is frozen. Either of these conditions
may result in runoff to surface waters which is not allowed under DEM
regulations. Wind conditions should also be considered to avoid drift
and downwind odor-pr6blems. To maximize the value of the nutrients
for crop production and to reduce the potential for pollution, the
waste should be applied to a growing crop or applied to bare ground
not more than 30 days prior to planting. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
This plan is based on waste application through irrigation for this
is the manner in which you have chosen to apply your waste. If you
choose to inject the waste in the future, you need to revise this
plan. Nutrient levels for injecting waste and irrigating waste are
not the same.
The estimated acres needed to apply the animal waste is based on
typical nutrient content for this type of facility. Acreage require-
ments 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.

WASTE UTILIZATION PLAN Page.2
AMOUNT OF WASTE PRODUCED PER YEAR (GALLONS, FT3, TONS, ETC.)
11232 hogs x 1.9 tons waste/hogs/year = 21340.8 tons
AMOUNT OF PLANT.AVAILABLE NITROGEN -(PAN) PRODUCED PER YEAR
11232 hogs x 2.3 PAN/hogs/year = 25833.6 lbs. PAN/year
Applying the above amount of waste is a big job. You should plan time
and have appropriate equipment to apply the waste in a timely manner.
The following acreage will be needed for waste application based on
the crop to be grown, soil type and surface application.
TABLE 1: ACRES OWNED BY PRODUCER
TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N ** * LBS
DETERMINING PHASE CODE AW N PER ACRES AW
PER AC AC USED
APPLIC.
TIME
72366 1 FOA C - 120 150 42.88 6432
72366 rl FOA W 55 110 42.88 4716.8
72366 1 FOA BH 6 300 42 12600
72366 -1 FOA SG 1 50 42 2100
0
0
0
0
0
Total 25848.8
Indicates that this field is being overseeded (i.e. interpl anted)
or winter annuals follow summer annuals.
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 NC to
have a nutrient management plan that addresses all nutrients. This
plan only addresses Nitrogen.

WASTE UTILIZATION PLAN
TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
Page. 3
(Agreement with adjacent landowners must be attached.)
(Required only if operator does not own adequate
land_ See required specifications 2.)
TRACT FIELD SOIL TYPE & CLASS--- CROP YIELD LBS COMM N ** * LBS
DETERMINING PHASE CODE AW N PER ACRES AW
PER AC AC USED
0
0
0
0
Total 0
Indicates that this field is being overseeded (i.e. interplanted)
or winter annuals follow summer annuals.
**.Acreage figures may exceed total acreage in fields due to
overseeding.
* lbs AW N (animal waste nitrogen) equals total required nitrogen
less any commercial nitrogen (COMM N) supplied.
The following legend explains the crop codes used in tables 1 and 2 above:
LBS N
APPLY
CROP CODE
CROP
UNITS PER UNIT
MONTH
BH
HYBRID BERMUDAGRASS-HAY
TONS
50
APR-SEPT
C
CORN
BUSHELS
1.25
MAR-JUNE
SG
SMALL GRAIN OVERSEED
AC
50
SEPT-NOV
SA
SUMMER ANNUALS
AC
110
APR --MAY
WA
WINTER ANNUALS
AC
100
SEPT-NOV
BC
HYBRID BERMUDAGRASS-CON GRAZED
TONS
50
APR-SEPT
BP
HYBRID BERMUDAGRASS--PASTURE
TONS
50
APR-SEPT
FC
TALL FESCUE -CON GRAZED
TONS
50
SEPT-APR
FH
TALL FESCUE -HAY
TONS
50
SEPT-APR
FP
TALL FESCUE -PASTURE
TONS
50
SEPT-APR
SB
SOY BEANS
BUSHELS
4
JUN-SEPT
W
WHEAT
BUSHELS
2
FEB-MAR

WASTE UTILIZATION PLAN Page.4
TOTALS'FROM TABLES 1 AND 2
ACRES LBS AW N USED
TABLE 1 1.27.1 t� 25848.8
TABLE 2 0 0
TOTAL -- L 25848.8
AMOUNT OF N PRODUCED 25833.6
*** BALANCE
--15.2
*** This number must be less than or equal to 0 in order to
fully utilize the animal waste N produced.
Acres shown in each of the preceding tables are considered to be the
usable acres excluding required buffers, filter -strips along ditches,
odd areas unable to be irrigated, and perimeter areas not receiving
full application rates due.to equipment limitations. Actual total
acres in the fields listed may, and most likely will be, more than
the acres shown in the tables.
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. Your production
facility will produce approximately pounds of plant,
available nitrogen (PAN) per year in the sludge that will need to be
removed on a periodic basis. This figure is PAN when broadcasting
the sludge equipment, may be needed when you remove this sludge.
See attached map showing the fields to be used for the utilization of
waste water.
APPLICATION OF WASTE BY IRRIGATION
The irrigation application rate should not exceed the intake rate of
the soil at the time of irrigation such that runoff or ponding occurs.
This rate is limited by initial soil moisture content, soil structure,
soil texture, water droplet size, and organic solids. The application
amount should not exceed the available water holding capacity of the
soil at the time of irrigation nor should the plant available nitrogen
applied exceed the nitrogen needs of the crop.
Your facility is designed for 180 days of temporary storage
and the temporary storage must be removed on the average of once every
6 months. In no instance should the volume of waste being stored in
your structure be within 1.7 feet of the top of the dike.

WASTE UTILIZATION PLAN Page.5
If surface irrigation is the method of land application for this plan
it is the responsibility of the producer and irrigation designer to
ensure that an irrigation system is installed to properly irrigate the
acres shown in Tables 1 and 2. Failure to apply the recommended rates
and amounts of -Nitrogen shown.in the tables may make this plan invalid
Call your Agriment Services representative for assistance in determining
the amount of waste per acre and the proper application rate
prior to beginning the application of your waste.
NARRATIVE OF OPERATION:
�T r S a k •e �i GCorr�G !.2.32
N 3/- 7 N ee I -io7) .! a sJs

WASTE UTILIZATION PLAN Page-6
Plans and Specifications
1. Animal waste shall not reach surface waters of the state by runoff,
drift', manmade conveyances, direct application, or direct discharge.
during operation or land application. Any discharge of waste which
reaches surface water is prohibited. Illegal discharges are subject
to assessment of civil penalties of $10,000 per day by the Division
of Environmental Management for every day the discharge continues.
2. The Local NRCS office must have documentation in the design folder that
the producer either owns or has long term access to adequate land
to properly dispose of waste. If the producer does not own adequate
land to properly dispose of waste, he shall provide NRCS with a copy
of a written agreement with a landowner who is within a reasonable
proximity, allowing him/her the use of the land for waste application
for the life expetancy of the production facility. It is the
responsibility of the owner of the facility to secure an updated Waste
Utilization Plan when there is a change in the operation, increase in
the number of animals, method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen
needs for realistic crop yields based on soil type, available moisture,
historical data, climate conditions, and level of management, unless
there are regulations that restrict the rate of application for other
nutrients.
4. Animal waste may be applied to land that has a Resource Management
System (RMS) or an Alternative Conservation System (ACS). If an ACS
is used the soil loss shall be no greater than 10 tons per acre per
year and appropriate filter strips will be used where runoff leaves
the field. These filter strips will be in addition to "Buffers"
required by DEM. (See FOTG Standard 393-Filter Strips and Standard
390 Interim Riparian Forest Buffers).
5. Odors can be reduced by injecting the waste or disking after waste
application. Waste should not be applied when the wind is blowing.
6. When animal -waste is to be applied on acres subject to flooding, it
will be soil incorporated on conventionally tilled cropland. When
applied to conservation tilled crops or grassland, the waste may be
broadcast provided the application does not occur during a season
prone to flooding. (See "Weather and Climate in North Carolina" in
the NRCS Technical Reference - Environment file for guidance.
7. Liquid waste shall be applied at rates not to exceed the soil infil-
tration rate such that runoff does not occur offsite or to surface
waters and in a method which does not cause drift from the site during
application. No ponding should occur in order to control conditions
conducive to odor or flies and to provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during rainfall
event, or when the surface is frozen.
9. Animal waste shall be applied on actively growing crops in such a
manner that no more than 20 to 25 percent of the leaf area is covered.

WASTE UTILIZATION PLAN
Page. 7
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 releassed
nutrients. -Waste shall not be applied more than 30 days prior to
planting of a crop on bare soil.
11. Animal waste shall not be applied closer than 25 feet to surface
water. This distance may be reduced for waters that are not perennial
provided adequate vegetative filter strips are present. (See standard
393 - Filter Strips)
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of dwellings
other than those owned by the landowner.
14. Waste shall be applied in a manner not to reach other property and
public right -of ways.
15. Animal waste shall not -be discharged into surface waters, drainageways,
or wetlands by 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 a "techinal specialist".
Animal waste should not be applied on grassed waterways that discharge
into water courses, except when applied at agronomic rates and the
application causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities, showers,
toilets, sinks, etc., shall not be discharged into the animal waste
management system.
17. Lagoons and other uncovered waste containment structures must maintain
a_ maximum operating level to provide adequate storage for a 25-year,
24-hour storm event in addition to one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be established on
all disturbed areas (lagoon embankments, berms, pipe runs, etc.).
If needed, special vegetation shall be provided for these areas and
and shall be fenced, as necessary to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are
limited to areas where considered appropriate. Lagoon areas should be
kept mowed and accessible. Lagoon berms and structures should be
inspected regularly for evidence of erosion, leakage or discharge.
19. 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. .
20. 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.

WASTE UTILIZATION PLAN
NAME OF FARM:
OWNER / MANAGER AGREEMENT
Page 8
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 an 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 (DEM) before the new animals
are stocked. I (we) also understand that.there 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.
I (we) understand that I must own or have access to equipment,
primarily ixrigation.equipment, to land apply the animal waste
described in this waste=utilization plan. This equipment must be
available at the appropriate pumping time such that no discharge
occurs from the lagoon in a 25-year 1-day storm event. I also
certify that the waste will be applied on the land according to
this plan at the appropriate times and at rate that no runoff
occurs.
NAME OF FACILITY OWNER: JOHN KILPATRICK •
SIGNATURE: DATE:
NAME OF MANAGER (if different from owner):
SIGNATURE: DATE:
NAME OF TECHNICAL SPECIALIST: RONNIE G. KENNEDY JR.
AFFILIATION: Agriment Services Inc.
P.O. Box 1096
Beuiaville NC 28518
SIGNATURE: DATE:

AGRIMENT SERVICES INC.
SWINE FACILITY SITE EVALUATION
GENERAL INFORMATION
lf�a�s �w A-f G
TELEPHONE
LOCATION' DATA
LOCATION
zj
SIZE OPERATION
DISTA.N'CE FROM NEAREST RESIDENCE NOT OWNED BY PRODUCER o2ao0 FT.
DISTANCE FROM NEAREST PUBLIC FACILITY (school, church, etc.) > �a�_ FT.
IS SITE WITHIN 100-YEAR FLOOD PLAIN?
IS SITE AT LEAST 100 FT. FROM A "BLUE LINE" PERENNIAL STREAM?
TS SITE WITHIN 1 MILE ZONING JURISDICTION OF A MUNICIPALITY?
ARE UTILITIES IN CONSTRUCTION AREA?
HAS SITE BEEN CHECKED FOR UNDERGROUND TILE?
°:.E'i-LAN. DS
t�ILL SITE INVOLVE CLEARING WOODLAND OR ANY NON —CROPLAND?
WILL ACTION RESULT IN SWAMPBUSTING?
ODOR CONTROL
HAS ODOR CONTROL BEEN DISCUSSED WITH PRODUCER:
PREDOMINANT WIND DIRECTION?
?RECHARGING LAGOON WITH FRESH WATER TO AT LEAST
OF THE CAPACITY?
USING GOOD SOUND JUDGMENT IN LAND APPLICATION OF WASTE?
OTHER ENVIRONMENTAL FACTORS
IS ENDANGERED AND/OR THREATENED SPECIES HABITAT PRESENT?
IS A DESIGNATED NATURAL SCENIC AREA INCLUDED IN THE PLANNING
ARE; OR WILL PLANNING ACTIONS IMPACT ON AN ADJACENT NATURAL
SCENIC AREA?
IS AN ARCHAEOLOGICAL OR HISTORICAL SITE LOCATED IN THE PLANNED
AREA?
ARE THERE PRIME, UNIQUE, STATE OR LOCALLY IMPORTANT FARMLANDS IN
THE OPERATING UNIT?
YES 'YES
YES
YES
YES
YES
YES
YES
YES
NO /
NO
NO /
NO_�
NO
YES
YES
/
WILL THE ACTION RESULT IN SODBUSTING? YES
NO
NO
N 0
NO '
NO
NO _
NO

■
+TASTE MANAGEMENT
DOE'S PRODUCER OWN ENOUGH LAND TO PROPERLY LAND APPLY
2.TLL WASTE INCLUDING SLUDGE, ALTHOUGH SLUDGE MAY ONLY
SE APPLIES INFREQUENTLY?
IF NO, DOES PRODUCER HAVE ACCESS TO MORE LAND?
IF LAND IS NOT OWNED BY PRODUCER, CAN PRODUCER GET AGREEMENT
ON LAND ON WHICH TO APPLY WASTE? (ATTACH WASTE UTILIZATION
PLAN TO SITE EVAL.)
YES NO
YES NO
YES NO
SOIL. INVESTIGATION 17yo — 1771
IS SOIL SUITABLE FOR LAGOON? S f�rK�ar�� YES NO
IS A LINER REQUIRED? 1 f, SSNt YES NO
"rF OF LINFR TO BE USED: CLAY BENTONITE SYNTHETIC
IF CLAW LINER IS TO BE USED, IS SUITABLE CLAY AVAILABLE
01: SITE?
I1 CT�,Y IS NOT AVAILABLE ON SITE, DOES LANDOWNER HAVE
ACCESS TO CLAY?
YES
YES
NO
NO
ISA CORE TRENCH REQUIRED? YES NO
IS SUBSURFACE DRAIN TILE PRESENT? YES NO
SITE APPROVED YES NO CONDITIONAL -
COKUENT S �1 �v Ct 5 S -2 7 q
We: G, eG4
c.x �
THIS SITE INVESTIGATION IS VALID FOR 'TWELVE MONTHS FROM THE DATE SHOWN BELOW. IF
CONSTRUCTION HAS NOT BEEN STARTED WITHIN TWELVE MONTHS, A NEW SITE INVESTIGATION WILL BE''"..'.:',.r..
REQUIRED.
SIGNATURE r DATE
TECHNICAL SPWtALIST61fXGINEER
>s_

1
_ J t
REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATION Vol/IBo
3 U
Department of Environment, Health and Natural ResoArces
Division of Environmental Management
Water Quality Section
If the animal waste management system for your feedlot op" N
is designed to serve more than or equal to 100 head of catt
horses, 250 swine, 1,000 sheep, or 30,000 birds that are served
by a liquid waste system, then this form must be filled out and
mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in
order to be deemed,permitted by DEM. Please -print clearly.
Farm Name: Circle K Farm #2
P O Box 645
Kenansville, NC
Duplin-.County
Owner (s) Name: O ill i
Manager(s) Name: Soho► Yijr.
Lessee Name:
28349
919-296-0711(F)/0271(H)/0460(W)
Farm Location (Be as specific as possible: road names, _
direction, mii5lpost, etc.):
-----ter
Latitude/Longitude if known: QBSP.# 24-001-23-03
Design capacity"of animal waste management system (Number and
type of confined animal (s) : - 4cQ Do -�-4c� �'�on5• -
Average animal population on�the farm (Number and type of
animal (s;)- raised) : 'k OD A-00- VVQ5 .
Year Production -Began: 4 '-(l ASCS Tract No.:
Type :of Waste Mana ement Sy tem-Used: - 4411 /k)r- AEU
Acres,, Available -:for Land Application of Waste:
Owner (_s) Signature ("s) : Date:,, 12�
Date:
(Dale Meyer, Serviceman)

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
November 17, 1993
John Kilpatrich
PO Box 645
Kenansville NC 28349
Dear Mr. Kilpatrich:
T45�4' pv� Gib
j
EDIHNF=I
This is to inform you that your completed registration form required by the recently
modified nondischarge rule has been received by the Division of Environmental Management
(DEM), Water Quality Section.
On December 10, 1992 the Environmental Management Commission adopted a water
quality rule which governs animal waste management systems. The goal of the rule is for
animal operations to be managed such that animal waste is not discharged to surface waters
of the state. The rule allows animal waste systems to be "deemed permitted" if certain
minimum criteria are met (15A NCAC 2H .0217). By submitting this registration you have
met one of the criteria for being deemed permitted.
We would like to remind you that existing. feedlots which meet the size thresholds
listed in the rule, and any new or expanded feedlots constructed between February 1, 1993
and December 31, 1993 must submit a signed certification form to DEM by December 31,
1997. New or expanded feedlots constructed after December 31, 1993 must obtain signed
certification before animals are stocked on the farm. Certification of an approved animal'
waste management plarrcan be obtained after the Soil and Water Conservation Commission
adopts rules later this year.
We appreciate you providing us with this information. If you have any question about
the new nondischarge rule, please contact David Harding at [phone].
Sincerely,
�/�
//, - Steve Tedder, Chief
a Water Quality Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

LEGEND:
a EIS - EXISTING =,'ON SAKE
r EIR - EXISTIN^ ,WON TROD +
U LIP — EJXISrINc.; : RON PIPE
* ISS — IRON c At!E SET 1`
* — IRDN t(JD SET
IRS'
O PS - IRON P'PF SET
0 EGM - EXISTiNC ZONC.RETE MONU. ENT
El CMS CONCR+-rF MONUMENT SET
A NCGS - Nc GE00 7I: SURVEY TRA. RSE STA=N
PROPER.,' LINES OF THIS
URVEY
— TIE L'R.-'q, DLD PROPERTY
11NE5, ETC.
-- — DITCH . , alD ROAD AS
TTED
-if- m x-- FENCE INE
—E—E— ELEC''RiC POWR LINE
EXISTING H" DPA" .
I
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I
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NOTM:
ALL AREA; CCiF+ ';J cF 0', ` .1RDINATES
DISTANCES SHOWN #.RE m0kZUKTAL SURF ACE -
DISTANCES ARE NOT RMIXEn TO GRID.
GRID REFERENCE:
THIS TRACT IS MGi: 4,AN 2f,-')C! FEET
FROM THE NEAREST ;;EOOL7K; MONUMENT
DA VID CARY SF40LAR & W
• DONNA FAYE A SHOLAR
EW. 1044, PG. 73P
MAP BOOK 12, PG. 5
COf?HFT LUMBER M. LANO
BK: 1080, PG. 768
MAP BOOK 13, PO. 55
r
11
198
FE
I . I/
NOT TO SCALE
VICINITY MAP
RECORDED REFERENCES:
BK. 163, PG. 156
;ram 07519--a
IRRIGATION SPRAY APPLICATION PLAN
r—
Fd-E: KILPAT JISITE6-DWr,
ATE: FE�RUA 0 16, 1998
JIM BLANCHARD
ASSOC.
.
330 00
LAND SURVEYORS ---- PHONE 910--I2�196-1 921
P. O. BOX 5, KENANSVILLE, NC 28349
SCALE: 1"-334'
TOWNSHIP - KENANSVILLE LOCATION SURVEY FOR:
DAVID JOHN KILPATRICK, II
COUNTY - DUPLIN
STATE OF NORTH CAROLINA and. wife, PANSI F. KILPATRICK

LEGEND:
0 EIS Lxll Tfl(; IRON S IAKF
- R - EXISING ION ROL)
- F..X[S-TING IRON PIPE:
SMALL &RAN(�'H
155 �RDN STAKE SET
INS S IRON ROP SET
0
ITS MN PIPE AXL
h 88,50,67, vsl'
`)' GY ' 7
-oNc.;REIE MONJU F*41
VOINUMEN'T SET N
EX191 M
f, tj
CMS GCNCRET� i \—L57131
NCCs NC GEODEliC 'SURVEI 7kMSRSJL- �TAT�DN
LAW-
PRE)Dr.NlY LNU� OF 'HE ORVE� 43
-'s T FS, F',Tc-
TIE LIN, , OLD PROPT:.Riy LIN
DOD,' OR OtD ROAD A,-S TED hy 771 f
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K ---- ELECTRIC POWER LINE AXA.-. A 0p
E)OISPIVC f4YDRAWS
�3- Pvc mpf-NOW OR �IQHME
A. it uOHNSON
W 209' PC. 2.021
.............
NOTES: LArrX,)N
. . .... . ........
AI ARCAS COMPUTED BY 000RDINAIIE5'
9 itNrE s SHOWN ARE: HMS'?C%TAL S,.RPACE,
:TANff S Arii:' NOT REDO ED TO GR0-
GRID REFERENCE:
THIS TRACT IS MORE THAN 2COO FEET
11 �? \ / - i )
FROM 71-1K.'WEAREST' GE00-r-VIC MONUMFN1. / ! 1 ./li f
DAVU OARY SH40LAR & W
DONNA FAYE. A 5940LAR
AK. ICA-A, PC. 132
WP 11WIK 12, PC. 5
GORUETT WMOEP CO, LAND
R.K. 1080, PG, 768
MAP BOOK 7.31 PC. 55
®r
NOT 0 SCAU L
VICINITY MAP
RECORDED REFERENCES:
BK. '163, PG. '156