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HomeMy WebLinkAbout310878_HISTORICAL_20171231NUH I H UAHULINA Department of Environmental Qual NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Duplin Marketing, LLC Duplin Marketing r P.O. Box 608 Rose Hill, NC 27458 Dear Duplin Marketing, LLC Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary July 21; 2010 1 1UL 2 e zoo Subject: Rescission of Animal Waste Permit Permit No. AWI310878 Duplin Marketing Duplin County Reference is made to your request for permit rescission received July 19, 2010. Staff from our Regional Office has confirmed that this Coverage is no longer required. Therefore, in accordance with your request, Permit No. AW1310878 is rescinded, effective immediately. If, in the future, you wish again to operate an animal waste management system or confine 75 or more horses, you must first apply for and receive a new animal waste permit. Operating an animal waste management system without a valid animal waste permit will subject the responsible party to a civil penalty of up to $25,000 per day. Please contact the Wilmington Regional Office at (910) 796-7215 if you have any questions. Sincerely, �4z�.? Qr Coleen H. Sullins cc: Wilmington Regional Office, Aquifer Protection Section Duplin County Soil & Water Conservation District Technical Assistance and Certification Unit Fran McPherson, DWQ Budget Office APS Permit File (Permit No. AWI310878) AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-3221 1 FAX 1: 919-715-0588; FAX 2: 919-715-60481 Customer Service: 1.877-623-6748 Intemet www.ncwatemual' v.oua NorthCarolina Nawrallry An Equal Opporhm41 Affirmative Aebon Employer HC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Paves Perdue Coleen H. Sullins Govemor Director January 22, 2010 Duplin Marketing, LLC Duplin Marketing PO Box 607 Rose Hill, NC 27458 Subject: Permit No. AW1310878 Duplin Marketing Animal Waste Managen Duplin County Dear Duplin Marketing, LLC: Dee Freeman Secretary APR 18 2W I In accordance with your application received October. 20, 2009, we are hereby fo lus Permit issued to Duplin Marketing, LLC authorizing the operation of the subject animal waste management system. You had indicated the animal population at this facility to be zero until such time as the waste storage lagoon at this facility is properly closed. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste structures on the Duplin Marketing, with an annual capacity of no greater than an annual average of zero (0) Swine. Please note that based upon monitoring data results from 2006 through 2009, groundwater monitoring will no longer be required for this facility. The Permit shall be effective from the date of issuance until September 30, 2014 and replaces the COG No. AWS310878 issued to this facility on October 1, 2009. You are subject to the conditions of this permit until the closure of all waste storage basins and the rescission of this permit. You must submit a letter to the Division of Water Quality to request rescission of the Permit by providing documentation of closure of all containment basins. 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 MRCS standards, a 100-ft 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 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. 1636 Mail Service Center. Raleigh, North Carolina 27699-1636 Location: 2728 Capital Bivd., Raleigh, North Carolina 27604 One Phone:919-733-322i lFAX: 919-715-�0S981Custome. Service: 1-877-623-6746 NorthCarolina intsme?: www.ncwateraualiry.org 'J�'j��Kf'��` /�` , ,n Equal Gpporruni4. l.4Siurrative knm Employer N �I /J� If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an application for renewal must be filed at least 180 days prior to expiration. This Permit is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. This facility is located in a county covered by our Wilmington Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 796-7215. If you need additional information concerning this Permit, please contact the Animal Feeding Operations Unit staff at (919) 733-3221. Sincerely, -- — - .. for Coleen H. Sullins cc: Duplin County Health Department -Daplin County Soil and Water Conservation District, Wilmington Regional Office, Aquifer Protection Section Notebook File AW1310878 Permit File AWI310878 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Duplin Marketing, LLC Duplin County FOR THE continued operation and maintenance of an animal waste management system for the Duplin Marketing, located in Duplin County, consisting of zero (0) Swine and the application to land as specified in the Facility's Certified Animal Waste Management Plan (CAWMP). This permit shall be effective from the date of issuance until September 30, 2014 and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The animal waste management 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, wetlands, or ditches. Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance with Natural Resources Conservation Service (NRCS) Standards and does not result in a discharge of waste to surface waters, wetlands, or ditches. If the Facility has a discharge of waste that reaches surface waters or wetlands resulting from a storm event more severe than a 25-year, 24- hour storm, it will not be considered to be in violation of this Permit, as Ion- as the Facility is in compliance with its CAWMP and this Permit. 4 2. No discharge of waste shall result in a violation of the water quality standards established for receiving waters as per Title 15A, Subchapter 213, Section .0200 of the North Carolina Administrative Code (NCAC) and Title 15A, Subchapter 2L of the NCAC. The facility's CAWMP is hereby incorporated by reference into this Permit. The CAWMP 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. Any proposed increase or modification to the annual average that exceeds the thresholds set by North Carolina General Statues (NCGS) 143-215.1013(1) will require a modification to the CAWMP and the Permit prior to modification of the Facility. 5. Animal waste shall not be applied within one hundred (100) feet of any well, with the exception of monitoring wells. The allowable distance to monitoring wells shall be established on a case -by -case basis by the Division. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated properly and maintained at all times. 2. A vegetative cover shall be maintained as specified in the Facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the CAWMP. 3. Soil pH on all land application fields must be maintained in the optimum range for crop production. 4. Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the agronomic rate of the nutrient of concern for the receiving crop. In no case shall land application rates result in excessive ponding or any runoff during any given application event. If manure or sludges are applied on conventionally tilled, bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not apply to no -till fields, pastures, or fields where crops are actively growing. 6. Pesticides, toxic chemicals, and petroleum products shall not be disposed of in the animal waste management system. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste management system. Washdown of stock trailers owned by and used to transport animals to and from the Facility only will be permissible as ' long as the system has been evaluated and approved to accommodate the additional volume. Only those cleaning agents and soaps that are EPA -approved according to their labels, will not harm the cover crop, and will not contravene the groundwater standards listed in 15A NCAC 2L may be utilized in the Facility covered by this Permit. Instruction labels are to be followed when using cleaning agents and soaps. 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. 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the waste lagoons/storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective, vegetative cover shall be established and maintained on all earthen lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and diversions to surface waters or wetlands. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed. H . At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in accordance with the CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to the lagoon dikes and liner. 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. 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. 14. No waste shall be applied in wind conditions that might reasonably be expected to cause the mist to reach surface waters or wetlands. 15. 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. 16. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow covered at the time of land application. 17. 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. Waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Newport/Morehead City, NC National Weather Service office at (252) 223-5737, or by visiting their website at: u,ww.erh.noaa.aov/er/rtrhx/ is, 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 3,060 (213 pounds per acre). 19. Any major structural repairs to lagoons/storage ponds must have written documentation from a 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. M. MONITORING AND REPORTING REQUIREMENTS 1. An inspection of the animal waste collection, treatment, and storage structures, and runoff control measures shall be conducted and documented at a frequency to insure proper operation For example, lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. 2. Highly visible waste -level gauges shall be maintained to mark the level of waste in each lagoon/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 lagoon with a waste level gauge shall be monitored and recorded weekly on forms supplied by, or approved by, the Division. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted on each application field receiving animal waste at least every three (3) years. An analysis of the animal waste 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. This analysis shall include the following parameters: Nitrogen, Zinc Phosphorus Copper 4. The Permittee shall record all irrigation and land, application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record removal of solids and document nutrient loading rates if disposed on -site or record the off -site location(s). These records must be on forms supplied by, or approved by, the Division. 5. If, for any reason, there is a discharge from the animal waste management system (including the land application sites), to surface waters or wetlands, the Permittee is required to make notification in accordance with Condition III. 9, The discharge notification shall.include the following information: a. Description of the discharge: A description of the discharge including an estimate of the volume discharged, a description of the flow path to the receiving surface waters or wetlands and a site sketch showing the path of the waste. Also, an estimation of the volume discharged. 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. c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a precipitation event, detailed information from the on -site rain gauge concerning the inches and duration of the precipitation event. d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to prevent future discharges from the same cause. e. Analysis of the waste: A copy of the last waste analysis conducted as required by Condition III. 3, 6. A copy of this Permit, the Facility's permit, certification forms, lessee and landowner agreements, the CAWMP, 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. Within fifteen (15) working days of receiving the request from the Division, the Perminee 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 North Carolina General Statutes (NCGS) 132- 1.2, and shall be made available to the public by the Division as specified in Chapter 132 of the NCGS. S. The Division may require any additional 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 such waste upon the surface waters, groundwaters or wetlands. Such monitorin_, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Division requirements. 9. Regional Notification: The Permittee shall report 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 occurrence of any of the following events: a. Any discharge to ditches, surface waters or wetlands. b. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 2. of this Permit. C. Over applying waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters or wetlands. d. Failure of any component of the animal waste management system resulting in a discharge to surface waters or wetlands. Any failure of the animal waste management system that renders the Facility incapable of adequately receiving, treating or storing the waste and/or sludge. f. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment or human safety or health. 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. The requirement to file a written report may not be waived by the Division Regional Office. IV. INSPECTIONS AND ENTRY The Permittee shall allow any authorized representative of 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 the 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 tunes, for the purpose of assuring permit compliance, any substances or parameters at any location. V. GENERAL CONDITIONS The issuance of this Permit shall not relieve the Permittee of the responsibility for compliance with all applicable surface water, ' wetlands, groundwater and air quality standards or for damages to surface waters, wetlands or groundwaters resulting from the animal operation. 2. The maximum waste level in 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 a 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. Any containment basin, such as a lagoon or a storage pond, 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 Natural Resource. Conservation Service (MRCS) North Carolina Standard.for Closure of Waste Impoundments, February 2005 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 R,aste Storage Pond and Lagoon Closure Report Form to the address identified on the form within fifteen (15) days of completion of closure. 4. 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 its COC to operate under this Permit. This Permit is not 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. The issuance of this Permit does not prohibit the Division from reopening and modifying the Permit, revoking and reissuin" the Permit. or terminating the Permit as allowed by the appropriate laws, rules, and regulations. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A NCAC 02T .0111(c). 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 NCGS. VI. 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 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. This Permit issued the 22nd day of January, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director North Carolina Division of Water Quality By Authority of the Environmental Management Commission Permit Number AWI310878 CVGN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coieen H. Sullins Dee Freeman Governor Director Secretary October 1, 2009 Duplin Marketing, LLC Duplin Marketing PO Box 607 Rose Hill, NC 27458 Subject: Certificate of Coverage No. AWS310878 Duplin Marketing Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Duplin Marketing, LLC: In accordance with your renewal request, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Duplin Marketing, LLC, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Duplin Marketing, located in Duplin County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish: 800 Boar/Stud: Wean to Feeder: Farrow to Wean: Gilts: OCT 1: 5 2009 Farrow to Finish: Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. Please pay particular attention to the attached groundwater monitoring requirements that are hereby incorporated into the permit for this facility. The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void Certificate of Coverage Number AWS310878 dated July 1, 2007. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. 1636 Mail Service Center, Raleigh, North Carotna 27699-1636 Location: 2728 Caoital Blvd.: Raleigh, North Carolina 27604 Phone: 915- 7 33-3221 5 FAX: 919-715-05881 Customer Service: 1-B77-623-6748 intemc: vmvv.ncwatemuality.or One NorthCarolina Naturally Art Eaual Ooconuntty 1 A6irraarive Action Emviover Please carefullyead`tliis COC and the enclosed State General Permit. Please pay careful attention to the record keying and monitorin c� onditions in this permit. Record keeping forms are unchanged with this _General Permit. Please continue to use the same record keeping forms. 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 final 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 (252) 223-5737, or by visiting their website at www.erh.noaa.2ov/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 (910) 796-7215. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733-3221. Sincerely, for Coleen H. Sullins Enclosure (General Permit AWG100000) cc: (Certificate of Coverage only for all cc's) Wilmington Regional Office, Aquifer Protection Section Duplin County Health Department Duplin County Soil and Water Conservation District APS Central Files (Permit No. AWS310878) AFO Notebooks Certificate of Coverage AWS310878 Duplin Marketing Groundwater Monitoring Requirements Sampling Requirements: a. Existing groundwater monitoring wells MW-1, MW-2, MW-3, and MW-4 shall be sampled every March and November. For each sampling event, samples from each well shall be analyzed for the parameters listed below: Total Ammonia Total Dissolved Solids Total Organic Carbon Nitrogen Chlorides Nitrate -Nitrogen PH Copper Fecal Coliform . Water Level Volatile Organic Compounds (in November only) Water levels in, the groundwater monitoring wells shall be measured prior to sampling the groundwater for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing, which shall be surveyed relative to a common datum. b. Volatile organic compounds (VOCs) shall be analyzed using one of the following methods: i. Standard Method 6230D (PQL at 0.5 µg/L or less), ii. Standard Method 6210 (PQL at 0.5 µg/L or less),' iii. EPA Method 8021 (Low Concentration, PQL at 0.5 µg/L or less), iv. EPA Method 8260 (Low Concentration, PQL at 0.5 µg/L or less), or v. .Another method with prior approval by the Groundwater Section Chief. Any of the referenced methods used for VOCs shall, at a minimum, include all of the constituents listed. in Table VIII of Standard Methods 6230D. The method used shall provided a PQL at 0.5 µg/L, or less, which shall be supported by laboratory proficiency studies as required by the Division's Laboratory Certification Unit. Any constituents detected above the MDL, but below the PQL at 0.5 µg/L, shall be qualified (i.e., estimated) and reported. If total organic carbon (TOC) concentrations greater than 10 milligrams per liter are detected in any downgradient groundwater monitoring well, additional sampling and analysis shall be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background well exceeds 10 milligrams per liter, this concentration shall be taken to represent the naturally -occurring TOC concentration. Any exceedances of this naturally -occurring TOC concentration in downgradient wells shall be subject to the additional sampling and analysis as described in this permit. _ d. Anv laboratory selected to analyze parameters shall be Division -certified for those parameters required. ReportingMocumentation Requirements: a. The results of the sampling and analysis shall be received on the most -recent version of "Groundwater Quality Monitoring: Compliance Report Form" (i.e., GW-59 Form) with copies of the laboratory analyses attached by the Division on or before the last working day of the month following the sampling month. b. All reports, maps, and other documents required in the "Groundwater Requirements" section of this permit shall be mailed to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Updated blank forms may be downloaded from the web site for the Division's Groundwater Section at http://h20.enr.state.nc.us/aps/gpu/form§.htm4GW59 or requested from the address listed above. Aanlicable Boundary Requirements: a. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action according to 15A NCAC 2L .0106 (d)(2). b. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(2). 4. Additional Requirements: a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. - "3 MurA Y tl xBrdwn LLC 12/1/2005 2822 Hwy West P.O. Box 856 Warsaw, NC 28398 NUTRIENT UTILIZATION PLAN Grower(s): Farm Name: Duplin Marketing LLC Duplin Marketing LLC Coun : Duplin Farm Capacity: Farrow to Wean Farrow to Feeder Farrow to Finish Wean to Feeder Feeder to Finish 800 Storage Structure: Storage Period: Application Method: Anaerobic Lagoon >180 days Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre per year providing that adequate filter strips are established. 4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DWQ regulations. 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. 1 of 8 RECEIVED / DENR 1 DWQ Aquifer protection Section MA"R I. i 20Q4 A 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. 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 carved out, meets the requirements for compliance with 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft', tons, etc.): Capacity Type Waste Produced per Animal Total Farrow to Wean 3212 gal/yr gaUyr Farrow to Feeder 4015 gal/yr gaVyr Farrow to Finish 10585 gallyr gaVyr Wean to Feeder 223 gal/yr gallyr 800 Feeder to Finish 986 gaVyr 788,800 gaUyr Total 788,800 gallyr AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (lbs): Capacity Type Nitrogen Producedper Animal Total Farrow to Wean 5.4 Ibslyr Ibslyr Farrow to Feeder 6.5 Ibslyr Ibslyr Farrow to Finish 26 Ibslyr Ibslyr Wean to Feeder 0.48 lbslyr Ibslyr 800 Feeder to Finish 2.3 lbslyr 1,840 lbslyr Total 1,840 Ibslyr 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. LAND UTILIZATION SUMMARY The following table describes the nutrient balance and land utilization rate for this facility Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize in the normal growing season. Total Irrigated Acreage: 6.48 Total N Required 1st Year: 2300.4 Total N Required 2nd Year: 0 Average Annual Nitrogen Requirement of Crops: 2,300.40 Total Nitrogen Produced by Farm: 1,840.00 Nitrogen Balance for Crops: (460.40) The following table describes the specifications of the hydrants and fields that contain the crops designated for utilization of the nitrogen produced on this facility. This chart describes the size, soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this facility. 2 of 8 Reception Area Specifications Tract Fiold Irrigated Soil Ist Crop Time to 1stCrop IstCrop LbsNiAc Lbs N T.t.1 Acreaae Tvpe Code A�.ply Yield Ibs N/Unit Residual Ac UtIlizod 2ndCrop Timeio- —2ndCr--- 2nd Crop Lbs NIAc Lbs N � Code Apply Yield lbs N/Unit Residual— JAc Utilized. �.i.i�r� •• .-��1'1��OW["�i.3A1s '®�0��©.Clyd�f�l'J•pW�0�0�,�. ®®� • � L7'1f:11:L'tY®i\L'L,���������©R��11Y10 �� ���® ri 3(a) of 8 Reception Area Specifications Tract rield Irrigated Soil I st. Crop Time to IstCrop 19tCrop LbsN/Ac Lbs N Total Ibr. N. Acreage Type Code Apply Yield lbs N/Unit ReSidual Me UtII Ized �1711. 1*2 111 rill M 3(b) of 8 This plan does not include commercial fertilizer. The farm should produce adequate plant available nitrogen to satisfy the requirements of the crops listed above. 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. In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed through grazing, hay, and/or silage. Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care should be exercised not to let small grain reach maturity, especially late in the season (i.e. April or May). Shading may result if small grain gets too high and this will definately interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather than cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on the time small grain is planted in the fall. The ideal time to interplant small grain, etc, is late September or early October. Drilling is recommended over broadcasting. Bermudagrass should be grazed or cut to a height of about two inches before drilling for best results. CROP CODE LEGEND Crop Code Crop A Barley B Hybrid Bermudagrass - Grazed C . Hybrid Bermudagrass - Hay D Corn - Grain E Corn - Silage F Cotton G Fescue- Grazed H Fescue - Hay I Oats J Rye K Small Grain - Grazed L Small Grain - Hay M Grain Sorghum N Wheat O Soybean P Pine Trees Lbs N utilized 1 unit yield 1.6 lbs N 1 bushel 50 lbs N 1 ton 50 lbs N 1 ton 1.25 lbs N 1 bushel 12 lbs N / ton 0.12 lbs N 1 lbs lint 50 lbs N / ton 50 lbs N 1 ton 1.3 lbs N ! bushel 2.4 lbs N 1 bushel 50 lbs N 1 acre 50 lbs N 1 acre 2.5 lbs N ! cwt 2.4 lbs N / bushel 4.0 lbs N 1 bushel 40 lbs N 1 acre ! yr Acres shown in the preceding table are considered to be the usable acres excluding required buffers, fitter 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 showingthe fields to be used for the utilization of animal waste. 4 of 8 EU SLUDGE APPLICATION: The following table describes the annual nitrogen accumulation rate per animal in the lagoon sludge Farm Specifications PANT danimal Farm Totall r Farrow to Wean 0.84 Farrow to Feeder 1 Farrow to Finish 4.1 Wean to Feeder 0.072 800 Feeder to Finish 0.36 288 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 288 pounds of plant available nitrogen per year will accumulate in the lagoon sludge based on the rates of accumulation listed above. If you remove the sludge every 5 years, you will have approximately 1440 pounds of plant available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the rate of 300 pounds of nitrogen per acre, you will need 4 acreas of land. If you apply the sludge to corn at a rate of 125 pounds per acre, you will need 11.52 acres of land. Please note that these are only estimates of the PAN produced and the land required to utilize that PAN. Actual values may only be determined by sampling the sludge for plant available nitrogen content prior to application Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific application fields designated for sludge application at time of removal. APPLICATION OF WASTE BY IRRIGATION: The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in the preceding table. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. `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 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 the waste 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 the tables. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste anilysis report for assistance in determining the amount of waste per acre and the proper application prior to applying the waste. 5 of 8 Application Rate Guide The following is provided as a guide for establishing application rates and amounts. Soil Application Rate Application Amount Tract Hydrant Type Crop inthr * inches DupMar . Green NoA C 0.5 1 DupMar Orange NoA C 0.5 1 DupMar Blue NoA C 0.5 1 DupMar Red NoA C 0.5 1 DupMar Lgt Orange NoA C 0.5 1 DupMar Lgt Green NoA C 0.5 1 6 of 8 Additional Comments: _ .-- Field numbers reflect solid set zones utilized on this farm. All Bermuda snail be cut for hay. 7of8 NUTRIENT UTILIZATION PLAN CERTIFICATION Name of Farm: Duplin Marketing LLC Owner: Duplin Marketing LLC Manager: Owner/Manager Agreement: Uwe understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste nutrient management plan for the farm named above. I/we know that any expansion to the existing design capacity of the waste treatment and/or storage system, or construction of new facilities, will require a new nutrient management plan and a new certification to be submitted to DWQ before the new animals are stocked. Ilwe understand that I must own or have access to equipment, primarily irrigation equipment, to land apply the animal waste described in this nutrient management plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in the event of a 25 year 24 hour storm.. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates which produce no runoff. This 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: Duplin Marketing LLC Signature: Name of Manager (if different from owner): Signature: Name of Technical Specialist: Kraig Westerbeek Affiliation: Murphy -Brown, LLC. Address: 2822 Hwy 24 West, PO Drawer 856 Warsaw. NC 28398 Signature: Telephone: (910) 293-3434 Date Date Date 8of8 NUTRIENT UTILIZATION PLAN 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 property apply the waste. If the producer does not own adequate land to properly dispose of the waste, he/she shall provide evidence 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 waste production facility to secure an update of the Nutrient Utilization Plan' when there is a change in the operation, increase in the number of animals, method of application, recievinq crop tvpe, or available land. 3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop yields based upon soil type, available moisture, historical data, climatic conditions, and level of management, unless there are regulations that restrict the rate of applications 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 eroding at more than 5 tons per acre per year but less than 10 tons per acre per year provided grass filter strips are installed where runoff leaves the field (See USDA, NRCS Field Office Technical Guide Standard 393 - Filter Strips). 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 land application field. 6 When animal waste is to be applied on acres subject to flooding, waste will be soil incorporated on conventionally tilled cropland. When waste is 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 and flies. 8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 1 of 3 NUTRIENT UTILIZATION PLAN 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 Nutrients from waste 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 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- ,—. 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 cropland provided the fields have been approved as a land application site by a "technical specialist". Animal waste shall not be applied on grassed waterways that discharge directly into water courses, and on other grassed waterways, waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site. 16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 2of3 NUTRIENT UTILIZATION PLAN 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 of animal waste during the crop season. 21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to ` mark the maximum storage volume for waste storage ponds. 22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other restrictions require waste to be applied based on other nutrients, resulting in a lower application rate than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained for optimum crop production_ Soil and waste analysis records shall be kept for a minimum of five years. Poultry dry waste application records shall be maintained for a minimum of three years. Waste application records for all other waste shall be maintained for a minimum of five years. 23 Dead animals will be disposed of in a manner that meets North Carolina regulations. 3of3 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources v September 30, 2005 Duplin Marketing, LLC Duplin Marketing 277 Faison McGowen Road Kenansville, NC 28349 �. Alan W. Klimek, P.E. Director Division of Water Quality SEP 2 g tWO NO Subject: Certificate of Coverage No. AWS310878 Duplin Marketing Swine Waste Collection, Treatment, Storage and Application System Duplin County Dear Duplin Marketing, LLC: In accordance with your modification request received on May 26, 2005 to obtain a coverage under the state general permit, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Duplin Marketing, LLC, 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 Duplin Marketing, located in Duplin County, with an animal capacity of no greater than an annual average of 800 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 September 30, 2009, and shall hereby void Certificate of Coverage Number WQ0012467 dated June 14, 2002. Please note that the groundwater monitoring requirements are being retained in this COC (see Appendix A) and shall continue to be a requirement of this permit. 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. Since this is a revised State General Permit, it contains new requirements in addition to most of the conditions contained in the previous 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 monitoringz conditions in this permit. 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. iv Carolina ur Vat7/! Aquifer Protection Section ' 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper Phone (919) 733-3221 Customer Service Fax (919) 715-0588 1-977.623-6748 Fax (919)715-6048 ,.', The issuance of this COC does not excuse the Pennittee 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, storage pond, of 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, 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) 796-7215. If you need additional information concerning this COC or the General Permit, please contact J R Joshi at (919) 715- 6698. Sincerely, for Alan W. Klimek, P.E. Enclosures (General Permit AWG100000) cc: (Certificate of Coverage only for all cc's) Wilmington Regional Office, Aquifer Protection Section Duplin County Health Department Duplin County Soil and Water Conservation District APS Central Files (Permit No. AWS310878) AFO Files Page 2 of 4 ,Ye, APPENDIX A: GROUNDWATER RE UIREMENTS: 1. Sampling Requirements: a. Existing groundwater monitoring wells MW-1, MW-2, MW-3, and MW-4 shall be sampled every March and November. For each sampling event, samples from each well shall be analyzed for the parameters listed below: Total Ammonia Nitrogen Total Dissolved Solids Total Organic Carbon Chlorides Nitrate -Nitrogen pH Copper Fecal Coliform Water Level Volatile Organic Compounds (in November only) Water. levels. in the groundwater monitoring wells shall be measured prior to sampling the. groundwater for the remaining parameters. The depth to water in each well shall be measured from the , surveyed point on the top of the casing, which shall be surveyed relative to a common datum. b. Volatile organic compounds (VOCs) shall be analyzed using one of the following methods: i. Standard Method 6230D (PQL at 0.5 µg/L or less), ii: Standard Method 6210 (PQL at 0.5 µg/L or less), iii. EPA Method 8021 (Low Concentration, PQL at 0.5 µg/L or less), iv. EPA Method 8260 (Low Concentration, PQL at 0.5 µg/L or less), or v. Another method with prior approval by the Groundwater Section Chief. Any of the referenced methods used for VOCs shall, at a minimum, include all of the constituents listed in Table VIII of Standard Methods 6230D. The method used shall provided a PQL at 0.5 µg/L or less, which shall be supported by laboratory proficiency studies as required by the Division's Laboratory Certification Unit. Any constituents detected above the MDL, but below the PQL at 0.5 µg/L, shall be qualified (i.e., estimated) and reported. c. If total organic carbon (TOC) concentrations greater than 10 milligrams per liter are detected in any downgradient groundwater monitoring well, additional sampling and analysis shall be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background well exceeds 10 milligrams per liter, this concentration shall be taken to represent the naturally -occurring TOC concentration. Any exceedances of this naturally -occurring TOC concentration in downgradient wells shall be subject to the additional sampling and analysis as described in this permit. d. Any laboratory selected to analyze parameters shall be Division -certified for those parameters required. 2. Reporting/Documentation Requirements: a. The results of the sampling and analysis shall be received on the most -recent version of "Groundwater Quality Monitoring: Compliance Report Form" (i.e., GW-59 Form) with copies of the laboratory analyses attached by the Division on or before the last working day of the month following the sampling month. Page 3 of 4 b. All reports, maps, and other documents required in the "Groundwater Requirements" section of this permit shall be mailed to the following address: NCDENR-DWQ Information Processing Unit 161.7 Mail Service Center Raleigh, NC 27699-1617 Updated blank forms may be downloaded from the web site for the Division's Groundwater Section at hO://gw.ehnr.state.nc.us/ or requested from the address listed above. 3. Applicable Boundary Requirements: a. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area ' or 50 feet within the property boundary; whichever is closest to the residuals land application area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action according to 15A NCAC 2L .0106 (d)(2). b. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(2). 4. Additional Requirements: a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. Page 4 of 4 09/06/2006 WED 12:39 FAA 9102933138 WRLNMI uowl't Murphy Brown LLC PO Box 856 2822 H.wy 24 West Warsaw, NC 28399 Phone (910) 293-3434 Fax (910) 293-3139 Fax Transmittal Sheet To: LM+N&,or+ �LGioiIR� 6(ficx From.: u,.J �jesrn.J Fax: 1/0 - 33�0- Z 06 2� _ Wages: Phone: Date: Re: P a�, (ccp- -1�4.?e-w tv-4,2rcureNG CC: ❑Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle a 001/005 ���¢C�dr_7 � S /¢ ALA,.► aF /��r�a.J Fob �:'�.�/ FiZEE,,3a�,�a f47-- DNPe-ici ,vl.4AKe71AJC f AtA4 Mx rT/Trf ,4&-,q,rf 6ECA4o5-E /;m Kar SaRs- /r IN 8 eFGK.E F- 09/06/2006 WED 12:39 FAX 9102933138 WRLNM1 f2)002/005 PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAL FACILITIES Facility Number: 31-878 County: Duplin Facility Name: Duplin Marketing Certified Operator Name: Micah K. Weston Operator Number: 988089 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Lagoon Name/11D: Spillway(Y or N): Level(inches): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 Lagoon 5 1 15 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached_ Hydraulic and agronomic balances are within acceptable ranges. X Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. 13olume and PAN content of waste to be pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility numbers, number of acres and receiving crop information. Contact and secure approval from the DWQ prior to transfer of waste to a site not covered in the facility's CAWMP. Operation will be partially or fully depopulated. `Attach a complete schedule with corresponding animal units and dates fro depopulation 'if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 9/11/2006 hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Duplin Marketing, LLC-Owner/M. K. Weston-OIC Phone: (910) 290-3300 Facility Owner/Manager (print) Z!!' - p/c Date: 9/5/2006 Facility Owner/Manager (signature) 09/06/2006 WED 12:40 FAX 9102933138 WRLNNI Q 003/005 PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES 30 DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure NamelIdentifier (ID): Duplin Marketing 2. Current liquid volume in 25 yr.124 hr, storm storage & structural freeboard a. current liquid level according to marker l 5701 inches b. designed 25 yr./24 hr. storm & structural freeboard 19.0 inches c. line b - line a (inches in red zone) = 4.0 inches d. top of dike surface area according to design (area at below structural freeboard elevation) 16416 ft2 e. line c112 x line d x 7.48 gallons/ft3 40931 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design 180 days g. volume of waste produced according to structural design 52727 ft3 h. current herd # certified herd # $00 actual waste produced = current herd # x line g = certified herd # i. volume of wash water according to structural design 1. excess rainfall over evaporation according to design k. (lines h + i + j) x 7.48 x 30 days/line f= 4. Total PAN to be land applied during draw down period 1, current waste analysis dated 8/1/2006 m. ((lines e + k)/1000) x line i = REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. (Click on the next Structure tab shown below) ft3 0Jft3 9575 ft3 11937 gallons 0.09 Ibs/1000 gal. 4.8 Ibs. PAN PoA (30 Day) 2/21 /00 09/06/2006 WED 12:40 FAX 9102933138 WRLNMl p < 1?1004/005 11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YR.124 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY 1. Structure ID: Duplin Marketing line m = 4.8 lb PAN 2. Structure ID: line m = Ib PAN 3_ Structure ID: line rn = lb PAN 4. Structure ID: line m = Ib PAN 5. Structure ID: line m = lb PAN 6. Structure 1D: line rn = lb PAN n. lines 1 +2+3+4+5+6= 4.8 lb PAN Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CANNOT BE APPLIED DURING THIS 30 DAY PERIOD. s • • • sr NL-- . . • s. • • -apprcationmndo -- 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day draw down period. v. Total PAN available for all fields (sure of column t) = 420.0 lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 4.8 lb. PAN PoA (30 Day) 2/21/00 09/06/2006 WED 12:40 FAX 9102933138 WRLNM1 Q 005/005 x. Crop`s remaining PAN balance (line v from section III) = y. Overall PAN balance (w - x) _ 420.0 lb. PAN -415 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. if new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility, provide information regarding the herd population and lagoon freeboard levels at the receiving facility. Irrigation onto existing spray fields will continue as weather and field conditions permit. Additional land is available for pumping if needed. This facility has been depopulated for almost two years. PoA (30 Day) 2/21/00