HomeMy WebLinkAbout140003_CORRESPONDENCE_20171231GLoo prSods 4,)os1! dayfo
LOAD -AREA METHOD
SPREADER SYSTEM
CALIBRATING LIQUID MANURE SPREADERS USING THE LOAD -AREA METHOD
1. Determine the capacity of the manure spreader. RECEIVED
a. �ellt7nS 0 cion of water Resources
2. Spread at least one full load rasing the regular spreading patterns of the applicat . SEP 2 9 2016
Trial �OV
Tria Trial
b.. f=orward speed, gear, or ai^ 1 ►throttle setting(� m �Watar r?uelity Pe
rjalonal operat ons -�
Ashes i- rf-r' Mal cYR"
m PTO speed or setting
d. Spreader gate setting
3. Measure the area of spread. r
e. Spread area width
f. Spread area length 3 I ft
g. Spread area (e X f) (A_"'=_ ft2
h. Spread area (g = 43.560)_�_ l a�Y acre
4. Compute the manure application rate.
L Number of loads spread
j. Capacity per toad (a) ..;U00 �� �� 0n 0 gallons
L Total manure spread (i X j) D V _/ gallons
I. Application rate (k r h) gat/acre
S. Compute the nutrient application rate.
(j
m. Manure analysis N _73 r 1 ,� lbs/1000 gallons
P205 lbs/1000 gallons
K10 lbs/1000 gallons
n. Application rate N _0114L� l ltdacre
(I X manure PIOS lbs/acre
analysis number
1000) K20 lbs/acre
6. If the application rate is not acceptable, repeat the procedure at different spreader settings, speeds (Item 2),
or both, until the desired application rate is achieved.
Irrigation -Equipment FielciCalb___ratiorLForm
Farm Name = 0,400 Der- SON. - l 0e5 )f V 1 0 a
IY-.3 /Y -y
Equipment Identification: it Q q�► a� Seri,,, n n[ err -fir 0 L oyoh
Flow Meter Serial Number (if applicable):
Type of System (Circle One): Stationary Traveling. Center Pivot
pesiened/Expected Observed Measured
Gun/Sprinkler Model: Nelsoh
c
Nozzle Type: 1 n r y 1 n
Ring/ Nozzle Diameter (in.):
a n
Nozzle Pressure (psi.) V 3) * $�# OIL/
*is observed pressure operating within the range recomm nded by the manufacturer or specified in the irrigaAon design documentation? YES t
NO
Wetted, Diameter (ft.):
observed nozzle pressure?
i
YESNO
** 7
Flow Rate (gpm) (d "`** OL
***
is the Pwerved Flow rate within 10% of the value specified in the irrigation design or as was determined during the wettable/effective irrigated acre determination?
YES NO
Observed Flow Rate Determined by: Chart Calibrated Flow Meter
NOTE: The observed flow rate must be determined using EITHER: 1) gun/sprinkler orifice diameter! OR 2) measured with an approved, calibrated flow meter.
Person Performing Calibration (iL/ Date
(Signatu )
I
DWQ-Cal-Form 12/2009
Permit Number AWG100000
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
SWINE WASTE MANAGEMENT SYSTEM GENERAL PERMIT
This General Permit is issued pursuant to North Carolina G.S. § 143-215 et seq., may apply to any swine facility in
the State of North Carolina, and shall be effective from October 1, 2014 until September 30, 2019.
All activities authorized herein shall be consistent with the terms and conditions of this General Permit.
Holders of Certificates of Coverage (COC) under this General Permit shall comply with the following specified
conditions and limitations.
I. PERFORMANCE STANDARDS
Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise
provided in this General 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 General
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 the
runoff from a 25 -year, 24-hour rainfall event for the location of the facility. A facility that has a
discharge of waste that results because of a storm event more severe than the 25 -year, 24-hour
storm will not be considered to be in violation of this General Permit if the facility is otherwise in
compliance with its Certified Animal Waste Management Plan (CAWMP) and this General
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 BM11s 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 Condition I11.13. of this General 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.
This General 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.
March 7, 2014
Permit Number AWG100000
3. The facility's COC and its CAWMP are hereby incorporated by reference into this General
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.
The Permittee must assess and record, on an ongoing basis, the effectiveness of the
implementation of the CAVVMP. The Permittee must make "major changes," "revisions," or
"amendments" to the CAWMP, as defined in Section VII, "Definitions," of this General Permit,
in order to address any changes needed to maintain compliance with the facility's COC and this
General Permit. "Major changes," "revisions," and "amendments" to the CAWMP must be
documented, dated, and included as part of the CAWMP. "Major changes " and "revisions" to
the CAWMP shall be submitted to the appropriate Division Regional Office within thirty (30)
calendar days of the "major change" or "revision" "Amendments" are not required to be
submitted to the Division Regional Office unless specifically requested by the Division. If field,
riser or pull numbers are changed, an explanation shall also be submitted and include a
description of how the new numbers relate to the old numbers.
Any violation of the COC or the CAWMP shall be considered a violation of this General Permit
and subject to enforcement actions. A violation of this General 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 COC 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 COC will require a modification to the CAWMP and the COC 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 -lass assessment rating.
If prior approval is received from the Director of the Division (Director), facilities that have been
issued a COC to operate under this General Permit may add treatment units for the purpose of
removing pollutants before the waste is discharged into the lagoonsfstorage ponds. Prior to any
approval, the Permittee must demonstrate to the satisfaction of the Director that the new treatment
unit will not interfere with the operation of the existing treatment system and that a process is in
place to properly manage and track the pollutants removed.
2 March 7, 2014
Permit Number AWG100000
7. if prior approval is received from the Director, facilities that have been issued.a COC to operate
under this General Permit may add innovative treatment processes to the systems on a pilot basis
in order to determine if the innovative treatment process will improve how 'thc waste is treated
and/or managed. Prior to any approval, the Permittee must demonstrate to the satisfaction of the
Director that the innovative treatment process will not interfere with the operation of the existing
treatment system and that a process is in place to properly manage and track the pollutants
removed.
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.
9. Existing swine dry lots may remain in wetlands as long as the wetlands uses are not removed or
degraded as a result of the swine. The swine however may not be confined within 100 feet of an
adjacent surface water or a seasonally -flooded area. The swine also must not cause a loss of more
than '10% of the existing tree canopy. Where trees do not exist, the area must be managed to
include crop rotation.
19. OPERATION AND MAINTENANCE REOUIREMENTS
The collection, treatment, and storage facilities, and the land application equipment and fields
shall be properly operated and maintained at all times.
2. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land
application fields and buffers in accordance with the CAWIVIP. 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 fie] ds-rrffsC -be miiinthined iii -the -optimum -- range- for -crop
production"
4. C andapplication rates -shalt be in -accordance with -the CAWTvI>P 7n so case shall land application
rates exceed -the agronomic rate of the.nutrient of concern- for' the receiving*crop-
5.i .no.case'shall"land application rates result in excessive ponding-or'any-runoff d„ urriig any: given
pa plication event-"
6. Animal waste shall not be directly applied onto crops for direct human consumption that do not
undergo further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) at any time
during the growing season, or in the case of fruit bearing trees, following breaking dormancy.
Application of animal wastes shall not occur within thirty (30) days of the harvesting of fiber and
food crops for direct human consumption that undergoes further processing.
7. if manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated
into the soil within two (2) days after application on the land, or prior to the next rainfall event,
whichever occurs first. This requirement does not apply to no -till fields, pastures, or fields where
crops are actively growing.
8. No material other than animal wastes of the type generated on this facility shall be disposed of in
the animal waste collection, treatment, storage, or application systems. This includes but is not
limited to pesticides, toxic chemicals and petroleum products.
March 7, 2014
Permit Number AWG100000
9. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged
into the animal waste collection, treatment, storage, and application 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 label, will not
harm the cover crop, and will not contravene the groundwater standards listed in 15A NCAC 2L
may be utilized in facilities covered by this General 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 normal mortality rates associated with the
facility shall also be done in accordance with the facility's CAWMP and NCDA&CS Veterinary
Division's Statutes and regulations provided that: 1) burial of such animals shall be done in
consultation with the State Veterinarian of the NCDA&CS Veterinary Division's Statutes and in
compliance with NCDA&CS regulations; 2) all such burial sites must be mapped, and the dates
and numbers of the animals buried by species and type must be recorded; and 3) the map is
submitted within fifteen (15) calendar days of burial to the Water Quality Regional Operations
Section located within the appropriate Regional Office.
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.
it. 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 Iiquid volume in the structures.
12. 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.
13. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in
accordance with the CAWIvIP. When removal of sludge from the lagoon is necessary, provisions
must be taken to prevent damage to the lagoon dikes and liner.
14. 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.
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.
March 7, 2014
Permit Number AWG100000
15. 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 OTC'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.
The Permittee may assert as an affirmative defense in any enforcement action alleging
noncompliance with the requirements imposed in this condition that such noncompliance was due
to circumstances beyond the Permittee's control. A notation shall be made on the form indicating
the inspection affected by such circumstance and an explanation setting forth the circumstances
claimed to have been beyond the Permittee's control shall be submitted with the form.
18. The Director may require any permittee to install and operate flow meters with flow totalizers
based on the facility's violations and/or incomplete or incorrect record keeping events.
19. No waste shall be applied in wind conditions that might reasonably be expected to cause the mist
to reach surface waters or wetlands or cross property lines or field boundaries.
20. The Permittee shall maintain buffer strips or other equivalent practices as specified in the
facility's CAWMP near feedlots, manure storage areas and land application areas.
21. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow covered at
the time of land application.
22. Land application of waste is prohibited during precipitation events. The Permittee shall consider
pending weather conditions in making the decision to land apply waste and shall document the
weather conditions at the time of land application on forms supplied by or approved by the
Division.
Land application of waste shall cease within four (4) hours of the time that the National Weather
Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a
tropical system including a hurricane, tropical storm, or tropical depression for the county in
which the permitted facility is located. Watches and warnings .are posted on the National
Weather Service's website located at: www.weathe�ov, More detailed website information can
be found on Page 2 of the Certificate of Coverage. Watch and warning information can also be
obtained by calling the local National Weather Service Office that serves the respective county,
which can be found on Page 2 of the Certificate of Coverage.
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. 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).
5 March 7, 2014
Permit Number AWG100000
24. All waste application equipment trust be tested and calibrated at least once every two years. The
results must be documented on forms provided by, or approved by, the Division.
25. 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 or liner.
26. 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.
27. In accordance with NRCS North Carolina Conservation Practice Standard No. 359 "Waste
Treatment Lagoon", an operator may temporarily lower lagoon levels to provide irrigation water
during drought periods and to provide additional temporary storage for excessive rainfall during
the hurricane season and in preparation for the following winter, months. All conditions of NRCS
NC Standard No. 359 must be satisfied prior to lowering lagoon levels below designed stop pump
levels.
III. MONITORING AND REPORTING REOUIGREMENTS
I. An inspection of the waste collection, treatment, and storage structures, and runoff control
measures shall be conducted and documented at a frequency to insure proper operation but at
least monthly and after all storm events of greater than one (1) inch in 24 hours. For example,
lagoons/storage ponds, and other structures should be inspected for evidence of erosion, leakage,
damage by animals or discharge. Inspection shall also include visual observation of subsurface
drain outlets, ditches, and drainage ways for any discharge of waste.
2. Monitoring and Recording Freeboard Levels
a. 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.
The Director may require more frequent monitoring and recording of waste levels based on
the facility's compliance history for freeboard violations.
Any facility which experiences freeboard violations in any two consecutive years following
the issuance of this General Permit, or as determined necessary by the Director, shall
monitor and record waste levels as follows:
March 7, 2014
Permit Number AWG100000
In addition to the facility's existing lagoon waste -level gauges, automated lagoon/storage
pond waste -level monitors and recorders (monitored and recorded at least hourly) must be
installed on all treatment and storage structures covered by a COC issued under this
General Permit to measure and record freeboard. This equipment must be properly
maintained and calibrated in a manner consistent with manufacturer's operation and
maintenance recommendations. This automated equipment must be in place no later than
ninety (90) days following notification from the Director. The Director may determine that
installation of automated waste level monitors is not required if the Permittee can
demonstrate that preventative measures were taken to avoid the violations and that the
violations resulted from conditions beyond the Permittee's control.
If an automated level monitor(s) becomes inoperable, the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional Office as soon
as possible, but in no case more than 24 hours following first knowledge of the
problem; and,
ii. make any needed repairs to the equipment as quickly as possible, and take and record
daily waste levels at the same time every day until such time as the automated
equipment is placed back into operation.
C. The Director may require new or modified waste -level gauges at any facility if it is
determined that the existing gauges are not adequate to accurately indicate actual lagoon
levels, or the various lagoon levels required to be maintained by this General Permit or the
facility's CAWMP.
Monitoring and Recording Precipitation Events
a. Precipitation events at facilities issued a COC to operate under this General Permit shall be
monitored and recorded as follows:
A rain gauge must be installed at a site that is representative of the weather conditions at
the farm's land application site(s) to measure all precipitation events. The precipitation
type and amount must be recorded daily for all precipitation events and maintained on site
for review by the Department of Environment and Natural Resources (Department).Daily
records do not need to be maintained for those days without precipitation events.
b. The Director may require that an automated rain gauge and recorder must be installed an
site to measure and record all precipitation events. This equipment must be properly
maintained and calibrated in a manner consistent with manufacturer's operation and
maintenance recommendations. This automated equipment must be in place no later than
ninety (90) days following receipt of notice from the Director.
If an automated rain gauge(s) becomes inoperable, the Permittee shall:
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,
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.
March 7, 2014
Permit Number AWG100000
A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc,
shall be conducted on each application Feld receiving animal waste in accordance with G.S. §
143-215.10C(e)(6). As of the effective date of this General Permit, the Statute requires that the
analysis be conducted at least once every three years.
An analysis of a representative sample of the animal waste to be 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
6. The Permittee shall record all irrigation and land application event(s) including hydraulic loading
rates, nutrient loading rates and cropping information. The Permittee shall also record removal of
solids and document nutrient loading rates if disposed of on-site, or record the off-site location(s).
These records must be on forms supplied by, or approved by, the Division.
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.
The Permittee must maintain monthly stocking records for the facility and make the records
available to the Department.
9. if, for any reason, there is a discharge from the waste collection, treatment, storage and
application systems (including the Iand application sites), to surface waters or wetlands, the
Permittee is required to make notification in accordance with Condition III. 13. The discharge
notification shall include the following information:
a. Description of the discharge: A description of the discharge including an estimate of the
volume discharged, a description of the flow path to the receiving surface waters or
wetlands and a site sketch showing the path of the waste.
b. Time of the discharge: The length of time of the discharge, including the exact dates and
times that it started and stopped, and if not stopped, the anticipated time the discharge is
expected to continue.
c. Cause of the discharge: A detailed statement of the cause of the discharge. 1f caused by a
precipitation event, detailed information from the on-site rain gauge concerning the inches
and duration of the precipitation event.
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
Ill. S. above_
f. A waste sample, obtained within seventy-two (72) hours following first knowledge of the
discharge to surface waters or wetlands, from the source lagoon/storage pond, shall be
analyzed for the following minimum parameters:
March 7, 2014
Permit Number AWG100000
Fecal coliform bacteria Dive -day biochemical oxygen demand (BODS)
Total suspended solids Total phosphorous
Ammonia nitrogen (NI -13 N) Total Kjeldahl nitrogen (TKN)
Nitrate nitrogen (NO3-N)
Monitoring results must be submitted to the Division within thirty (30) days of the
discharge event.
10. 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,
lagooi>/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.
11. W --ropy of_tfiisT Gendral-Pe_rmit,;tbe facility's COC, certification forms, iiessee-and-laifdowne'r
agree ent the CAWMP and copies of all records required by this General Peri if and the
facility's CAWMP shall -be maintained -by -the -Permittee -in cW6nologicai a.nd ;legible form, for
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, milk waste, 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.
12. 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 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. 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. failure of any component.of the animal waste management 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.
C. 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.
March 7, 2014
Permit Number AWG100000
e. Failure to maintain storage capacity in a Iagoon/storage pond greater than or equal to that
required in Condition V.2. of this General Permit.
f. 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
III. 13.e above.
g. An application of waste either in excess of the limits set out in the CAWMP or where
-runoff enters ditches, surface waters, or wetlands.
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 1-800-858-03680
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 111.11e,
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.
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.
14. 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.
15. 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.
10 March 7, 2014
Permit Number AWG100000
lb. 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 15.
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. Publication of a notice of
discharge under this Condition is in addition to the requirement to issue a press release under
Condition 111.15.
17. If a discharge of 1,000,000 gallons or more of animal waste 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 after the notice is published.
18. All facilities, which- are issued a COC to operate under this General Permit, shall conduct a
survey of the sludge accumulation in all lagoons every year. The survey report should be written
on forms provided or approved by the Division and shall include a sketch showing the depth of
sludge in the various locations within each lagoon. This survey frequency may be reduced if it
can be demonstrated to the satisfaction of the Division that the rate of sludge accumulation does
not warrant an annual survey.
If the sludge accumulation is such that the structure does not satisfy the criteria set by NRCS NC
Conservation Practice Standard No. 359, a sludge removal or management plan must be
submitted to the appropriate Division Regional Office within ninety (90) days of the
determination. The plan shall describe removal and waste utilization procedures to be used.
Compliance regarding sludge levels must be achieved within two (2) years of the determination.
IV. INSPECTIONS AND ENTRY
I . 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:
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 General Permit;
Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this General Permit;
C. Inspect, at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this General Permit; and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance, any
substances or parameters at any location.
March 7, 2014
Permit Number AWGI00000
V. GENERAL CONDMONS
The issuance of a COC to operate under this General 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 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.
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 General Permit until properly
closed. When the containment basin is properly closed in accordance with the NRCS NC
Conservation Practice Standard No. 360 "Closure of Waste Impoundments," February 2008 or
any subsequent amendment, the containment basin shall not be subject to the requirements of this
General Permit. The Permittee must submit a letter to the Division to request rescission of the
COC by providing documentation of closure of all containment basins.
Closure shall also include a minimum of 24 hours pre -notification of the Division and submittal
of the Animal Waste Storage Pond and Lagoon Closure Report Form to the address identified on
the form within fifteen (15) days of completion of closure.
4. This General Permit allows for the distribution of up to four (4) cubic yards of manure per visit to
individuals for personal use.. The maximum distribution of manure per individual for personal
use is ten (10) cubic yards per year. The Permittee must provide the recipient(s) with information
on the nutrient content of the manure. Distribution of greater quantities must be to individuals or
businesses permitted to distribute the waste, or to be land applied to sites identified in the
Permittee's CAWMP.
The Permittee must inform the recipient(s) of his/her responsibilities to properly manage the land
application of manure. Record keeping for the distribution of manure up to four (4) cubic yards
per visit or ten (10) cubic yards per year to individuals for personal use is not required.
The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by
the Division. Failure to pay the fee accordingly constitutes grounds for revocation of its COC to
operate under this General Permit.
6. 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 General Permit.
2 March 7, 2014
Permit Number AWG100000
7. A COC to operate under this General 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. 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.
8. A COC to operate under this General Permit is effective only with respect to the nature and
volume of wastes described in the application and other supporting data. 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 including the installation of
lagoon covers shall require approval from the Division prior to construction.
9. If the Permittee wishes to continue an activity regulated by this General Permit after the
expiration date of this General Permit, the Permittee must apply for and obtain a neve COC.
Renewal applications must be filed at least 180 calendar days prior to the expiration of the
General Permit.
10. The issuance of a COC to operate under this General Permit does not prohibit the Division from
reopening and modifying the General Permit or COC, revoking and reissuing the General Permit
or COC, or terminating the General Permit or COC as allowed by the appropriate laws, rules, and
regulations.
11. The Director may require any person, otherwise eligible for coverage under this General Permit,
to apply for an individual permit by notifying that person that an application is required.
12. 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,
13. 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.
VI. PENALTIES
1. Failure to abide by the conditions and limitations contained in this General Permit; the facility's
COC; 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 General Permit. Any permit
noncompliance constitutes a violation of state law and is grounds for enforcement action; for
permit coverage termination, revocation and reissuance, or modification; or denial of a permit
coverage renewal application.
3. It shall not be a defense for a Permittee in an enforcement action to claim that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this General Permit.
13 March 7, 2014
VII.
Permit Number AWG100000
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 1951, and subsequent
amendments, or equivalent regional or state rainfall probability information developed therefrom.
Agronomic rates means the amount of animal waste and/or other nutrient sources to be applied to lands
as outlined in NRCS NC Conservation Practice Standards No. 590 "Nutrient Management" or as
recommended by the NCDA&CS and the North Carolina Cooperative Extension Service at the time of
certification of the Animal Waste Management Plan by the appropriate certified technical specialist.
Amendment to the CAWMP means a change and/or addition to a part(s) of the plan, and requires that the
change and/or addition adhere to current applicable standards. The following are examples of
amendments to the CAWMP:
o 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.
o 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.
o When a CAWMP cannot meet N utilization requirements due to land lost to irrigation inefficiency
(useable versus total acres), then the CAWMP may be amended to increase available acreage and/or
change the crop for N utilization. This is the only exception to the 25% N criteria for plan revision.
o Inclusions of emergency action plans, and insect, odor and mortality checklists are considered
CAWMP amendments.
D 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 I1I.14 of
this General Permit, and the "No Discharge Certification Option" allowed by the November 2008 EPA
CAFO Rule.
Ditch means any man made channel for the purpose of moving water off a site to the surface waters.
Excessive Ponding means any area of the application field where visible liquid waste is ponded on the
surface of the land application site more than four (4) hours following the application of waste. Excessive
ponding also means any areas where the ponding of waste has resulted in crop failure.
Groundwaters means any subsurface waters, as defined in 15A NCAC 2L .0102.
14 March 7, 2014
Permit Number AWG100000
Land application means the application of wastewater and/or waste solids onto or incorporation into the
soil.
Major changes to the CAWMP means changes in the number of animals, type of operation (feeder to
finish to wean to feeder), retrofit of a lagoon, installation of a new irrigation system, and similar type
changes. Recertification is only required for major changes to the CAWMP. Major changes to a facility
must first be approved by the Division. The new CAWMP and the certification shall be submitted with a
request that the COC be amended to reflect the changes. The facility may not make the changes until a
new or amended COC has been issued.
Revision to the CAWMP means a change to an entire CAWMP to meet current applicable standards. A
CAWMP must be revised if the operation cannot utilize all N nitrogen generated by the animal production
in accordance with the existing CAWMP, except for the specific conditions noted in the CAWMP
amendment criteria as previously defined. For an existing CAWMP, a change in crops and/or cropping
pattern that utilizes more than 25% of the N generated by the operation is considered a plan revision. Any
change to an existing CAWMP, whether an amendment or revision, must be signed and dated by both the
producer and a technical specialist for the new CAWMP to be valid. A revision of the CAWMP does not
require recertification.
State Waters means all surface waters, wetlands, groundwaters and waters of the United States located in
the State.
Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir,
waterway, or other surface body or surface accumulation of water,' whether public or private, or natural or
artificial, that is contained in, flows through, or borders upon any portion of the State of North Carolina,
including any portion of the Atlantic Ocean over which the State has jurisdiction as well as any additional
Waters of the United States which are located in the State.
Waste means manure, animal waste, process wastewater and/or sludge generated at an animal feeding
operation.
Wetlands means areas that are inundated or saturated by an accumulation of surface or groundwater at a
frequency and duration sufficient to support, and under normal circumstances do support a prevalence of
vegetation typically adapted for life in saturated soil conditions, as defined in 15A NCAC 213 .0202.
This General Permit issued the 7th day of March, 2014.
NOWrl-I CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Z
Thomas A. Reeder
North Carolina Divi ion of Water Resources
By Authority of the ,nvironmental Management Commission
Permit Number A WG 100000
15
Director
March 7, 2014
IrrigatidoEquipmment Field Calibra* Form
Farm Name 6,07,S l,/ P 40 o Farm # /y-3
Equipment Identification: �i^rr�aT`ioh Snr,hl[/PrSr Lrrmn,na .__l_Au Dens_
Flow Meter Serial Number (if applicable):
Type of System (circle one): Stationary Traveling
Gun/Sprinkler Model:
Nozzle Type:
Ring/Nozzle Diameter (in.)-.
Designed/Expected
Center Pivot
Observed/Measured
61P 600 lot)
I A,
Nozzle Pressure (psi):
* is observed pressure operating within the range mmended by the manufacturer or specified A the
irrigation design documentation ? YES NO
Wetted Diameter (ft.). -
**
ft.):** is the observed wetted diameter within 15% of the wetted diameter reported in manufacturer's chart for the
observed nozzle pressure? YES NO
Flow Rate (gpm): - _ **� Bo,
_
*** is the observed flow rate within 10% of the value specified in the irrigation design or as was determined
during the wettable%ffective irrigated acre determination? YES NO
Observed Flow Rate Determined by: Chart ✓ Calibrated Flow Meter �-
NOTE --- The observed flow rate must be determined using EITHER: m (D rt
1) the manufacturer's chart for the measured (observed) pressure at the gun/sprinkler AND the measured
gun/sprinkler orifice diameter, OR oCD '
2 measured with an a roved, calibrated flow meter. P
00 w
Person Performing Calibration DateCD
Q,
(Sig ture)
DWQ-Ca1-Form1212009
LOAD -AREA METHOD
SPREADER SYSTEM
CALIBRATING LIQUID MANURE SPREADERS USING THE LOAD -AREA METHOD
1. Determine the capacity of the manure spreader.
a. ..� .__- gallons
2. Spread at least one full load using the regular spreading patterns of the applicator.
Trial Trial Trial
b. Forward speed, gear, or b
throttle setting eQr
c. PTO speed or setting _�Iaospm Ohm
d. Spreader gate setting
3. Measure the area of spread.
e. Spread area width
f, Spread area length
1050,
g. Spread area (e x f)
-a&,O
h. Spread area (g = 43,560)--
4. Compute the manure application rate.
i. Number of loads spread
�T_^
j. Capacity per load (a)
k. Total manure spread (i X j)
�j��
�L
I. Application rate (k - h)
610
S. Compute the nutrient application rate.
m. Manure analysis N_
P20,
K 2 0
J355 ft
—1-�— ft
I - W
.g acre
___._L_
0 _2206
. gallons
2 06 gallons
luo_ gal/acre
lbs/1000 gallons
Ibs/1000 gallons
lbs/1000 gallons
n. Application rate N jX_. A2 lbs/acre
(I x manure P20, lbs/acre
analysis number
1000) K 2 0 lbs/acre
6. If the application rate is not acceptable, repeat the procedure at different spreader settings, speeds (Item 2),
or both, until the desired application rate is achieved,
" 1_Y, 9 -,2o -r3
• •
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 5, 2013
CERTITIED MAIL 7009 .1650 0000 7515 4957
RETURN RECEIPT RE UESTED
Mr. John Looper
4695 Petra Mill Road
Granite Falls, North Carolina 28630
Subject: NOTICE OF VIOLATION NOV-2013-PC-0304
Administrative Code 15A NCAC 2T. 1304
B.G. Looper & Sons Facility No. 140003, Permit No. AWS 140003
Caldwell County
Dear Mr. Looper,
On August 21, 2013 staff of the NC Division of Water Resources (DWR), Aquifer Protection Section
(APS), inspected the B.G. Looper & Sons swine farm and the permitted waste disposal system. We wish
to thank you and Wesley for assisting during the inspection.
As a result of this inspection, you are hereby notified that having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Failure to conduct calibration of all waste application equipment in accordance with the Permit
No. AWG 100000 Section II. 24. which states... All waste application equipment must be tested
and calibrated once in the first two years after issuance of the COC and then at least once every
two years thereafter.
On August 21, 2013 the records review showed that the application equipment had not been calibrated
since 2010.
Required Corrective Action for Violation:
The calibration should be completed within 30 days of receipt of this notice. The link to the calibration
Forms is as follows: htt :ll ortaimcdenr.or web/w /a s/afo/re ort Click on the Reporting Forms tab and
then click on Link for NC State University Calibration Method and Forms.
AQUIFER PROTECTION SECTION
North Carolina Division of Water Resources — Asheville Regional Office
2690 U.S. Highway 70, Swan nanoa, N.C. 28778
Phone (828)296-4500
FAX (828)299-7043
Internet: h2o.enr,state.nc.us
An Equal OpportuOylAffirmative Action Employer
Mr. Looper
September 5, 2013
Page 2
The DWR requests that, in addition to the specified corrective action above, please submit the following
item on or before October 5, 2013:
A copy of the calibration records.
You are required to take any necessary action to correct the above violation and to provide a
written response to this Notice within 30 days of receipt. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Resources who may issue a civil penalty assessment of not more
that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
In addition, any leased f eld/s that receives animal waste should have a corresponding lease agreement.
Enclosed you will find a copy of the inspection report with additional comments/observations (Inspection
Summary Page 2.) If you have any questions concerning this Notice, please contact Beverly Price or me
at (828)296-4685.
S incerely,
G. Landon Davidson, L.G.
Aquifer Protection Section, Regional Supervisor
cc: ARO APS Files
Keith Larick, APS Animal Feeding Operations Unit
APS Central Files
Division of Water Quality
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 140003 Facility Status: Active Permit: AWS140003 ❑ Denied Access
Inspection Type: Comylligpcg_iaspection Inactive or Closed Date:
Reason for Visit: Routine County: Caldwell Region: Asheville
Date of Visit: 08/21/2013 Entry Time: 09:0, 0 AM _ Exit Time: 1Q1j,5 Abd_ Incident #:
Farm Name: S.G. Looper and Sons / Wesley Looper Owner Email:
Owner: John Lower � Phone: 828-396-9102
Mailing Address: 4695 Petra Mill Rd Granite Falls NC 28-00.8_3_32
Physical Address: 4673 Petra Mill Rd Gr n'le Falls NC 28630
Facility Status: ❑ Compliant 0 Not Compliant Integrator:
Location of Farm: Latitude: 35°49'12" Longitude: 81°21'31"
From Hwy. 321 N just after crossing Catawba River turn right on Grace Chapel Rd. Turn rt. on Rocky Mount Rd., then immediately left
on Petra Mill Rd. (SR 1704) Farm is located approx. 1 mile on left.
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other Issues
Certlfied Operator: John 8 Looper
Secondary OIC(s):
On -Site Representative(s): Name
24 hour contact name Wesley Looper
On-site representative Wesley Looper
Operator Certification Number: 17939
Title Phone
Phone: 828-396-7567
Phone:
On-site representative John Looper Phone: 828-396-7567 ext 9102
Primary Inspector: Beverly Price Phone: - 0-9
Date:Ins actor Signature: %If
- -
Secondary Inspector(s):
Page: 1
Permit: AWS140003 Owner -Facility: John Looper
Inspection Date: 08/21/2013 Inspection Type: Compliance Inspection
Inspection Summary:
The facility is well maintained.
Records appeared to be accurate.
WUP has been updated.
Soils Analysis: 11127112; 1118113; 1124113 Zn & Cu ok
Facility Number: 140003
Reason for Visit: Routine
Waste Analyses: 12/12/12 ALS SB3 N=8,52 Broadcast; 215113 ALS SB2 N=3.58 Broadcast;418113 LSS SB4 N=6.62; 418113 ALS L1
N=2.62 Irrigation;418113 ALS SB3N=6.84 Broadcast; 6120113 ALS L1 N=209 Irrigation; 7125113 ALS N=1.85 Irrigation.
Lease agreements need to be obtained for those fields not owned by John and Wesley Looper,
Calibration is overdue.
■ Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
® print your name and address on the reverse
o that we can return the card to you.
tv Attach this card to the back of the mallpiece,
or on the front If space permits.
1. Article Addressed to:
_ Mr. John Looper
B.G. Looper & Sons
4695 Petra Mill Road
Granite Falls, NC 28630
A. S rat
� ❑Agent
D Addressee
eceived by (Printed e) C J> e of`I� ry 4L Ik
D. Is delivery address different from Item 17 u Yep
if YES, enter delivery address below: ❑ No
3. Samoa type
Certifled Mail E3 Ekptss Mall
0 Regi JIM PaWm Receipt for Merchandise
0 insured Mall O C.D.D.
4. Restricted DelhrW (Ektra Fee) 0 Yes
2, Article lurr 7009 1680 0000 7515 4957 � is -2-0mwnfat3
- _
Ps Form 3811, February 2004 Domestic Return Receipt 14C4 _a01 3 -PC - 030 LI 102595-02-M-1540 Page: 2
00
Y
Ln
a Cot
IT'Ln
1 -
r�
Ln
Postage
r%_
certified Foe
C3
RRoceipt Fee
Postmarketurn
C3
(Endorsement Required)
Here
r-3
Restricted Deweryr Fee
(Endorsement Required)
C3
go
-o
Total Postage 8 Fess
r -q
Sv^`
aa
Q
Mr, Jahn Looper
8•G. Looper & Sons
' -- . .....---
1Q }3
(ti
4695 Petra Mill.....
-"�............... .•-•-.
Granite Falk NC 26630
4'e�lt•1',�Ftl� ��. 1 �y{�F�, �'� ti
■ Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
® print your name and address on the reverse
o that we can return the card to you.
tv Attach this card to the back of the mallpiece,
or on the front If space permits.
1. Article Addressed to:
_ Mr. John Looper
B.G. Looper & Sons
4695 Petra Mill Road
Granite Falls, NC 28630
A. S rat
� ❑Agent
D Addressee
eceived by (Printed e) C J> e of`I� ry 4L Ik
D. Is delivery address different from Item 17 u Yep
if YES, enter delivery address below: ❑ No
3. Samoa type
Certifled Mail E3 Ekptss Mall
0 Regi JIM PaWm Receipt for Merchandise
0 insured Mall O C.D.D.
4. Restricted DelhrW (Ektra Fee) 0 Yes
2, Article lurr 7009 1680 0000 7515 4957 � is -2-0mwnfat3
- _
Ps Form 3811, February 2004 Domestic Return Receipt 14C4 _a01 3 -PC - 030 LI 102595-02-M-1540 Page: 2
Permit: AWS140003 Owner • Facility: John Looper Facility Number: 140003
Inspection Date: 08/21/2013 Inspection Typo: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? ❑ ■ Cl ❑
Discharge originated at:
Structure ❑
Application Field ❑
Other ❑
a. Was conveyance man-made? ❑ ❑ ■ ❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ■ ❑
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
❑
0
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
M
❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the State other than
13
■
❑
❑
from a discharge?
Waste Collection, Storage & Treatment Cres
No
NA
NE
4. Is storage capacity less than adequate?
❑
■
1313
If yes, is waste level into structural froeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I,eJ large trees, severe ❑ ■ ❑ ❑
erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ ■ 0 ❑
or closure plan?
7. Do any of the structures need maintenance or improvement? ❑ M ❑ ❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ❑ ■ ❑ ❑
dry stacks and/or wet stacks)
9. floes any part of the waste management system other than the waste structures require maintenance or
improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
improvement?
11. Is there evidence of incorrect application?
If yes, check the appropriate box below.
Excessive Ponding?
Hydraulic Overload?
Frozen Ground?
Heavy metals (Cu, Zn, etc)?
❑0130
■
■
■
Page: 3
0
Permit: AWS140003 Owner • Facility: John Looper
Inspection Date: 08/21/2013 Inspection Type: Compliance Inspection
0
Facility Number: 140003
Reason for Visit: Routine
Waste Application
Yes No NA NE
PAN?
❑
Is PAN > 10%110 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Small Grain (Wheat,
Soil Type 6
Barley, Oats)
Crop Type 2
Fescue (Hay, Pasture)
Crop Type 3
Com (Grain)
Crop Type 4
Soybeans
Crop Type 5
Timothy, Orchard, &
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
Rye Grass
Crop Type 6
Soil Type 1
Soil Type 2
Appling sandy loam, 2
to 8% slopes
Soil Type 3
Appling sandy foam, 8
to 15% slopes
Soil Type 4
Cecil sandy loam, 2 to
8% slopes, eroded
Soil Type 5
Cecil sandy loam, 8 to
15% slopes, erode
Soil Type 6
Hibriten very cobbly
sandy loam, 8 to 15
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
❑ ❑ ❑ ❑
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
❑ ❑ ❑ ❑
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
❑ ❑ ❑ ❑
17. Does the facility lack adequate acreage for land application?
❑ ❑ ❑ ❑
18. Is there a lack of properly operating waste application equipment?
❑ ❑ ❑ ❑
Records and Documents
Yes No NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑ ❑ ❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑ ❑ ❑ ❑
Page: 4
Page: 5
Permit: AWS140003 Owner - Facllity: John Looper Facility
Number
:
140003
Inspection Date: 0812112013 Inspection Typo: Compliance Inspection Reason for Visit:
Routine
Records and Documents
Yes
No
NA
NE
If yes, check the appropriate box below.
WUP?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
❑
■
❑
❑
If yes, check the appropriate box below.
Waste Application?
❑
Weekly Freeboard?
❑
Waste Analysis?
❑
Soil analysis?
❑
Waste Transfers?
❑
Weather code?
❑
Rainfall?
❑
Stocking?
❑
Crop yields?
❑
120 Minute inspections?
❑
Monthly and 1" Rainfall inspections
❑
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
■
❑
❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
❑
❑
■
❑
24. Did the facility fail to calibrate waste application equipment as required by the permit?
■
000
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the appropriate
❑
■
❑
❑
box(es) below:
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
Nan -compliant sludge levels in any lagoon
❑
Page: 5
0
1.0
.
Permit: AWS140003 Owner -Facility: John Looper
Facility Number :
140003
Inspection Date: 08/21/2013 Inspection Type: Compliance Inspection
Reason for Visit: Routine
Records and Documents
Yes
No
NA
NE
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
❑
❑
❑
❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑
❑
❑
Other Issues
Yes
No
NA
NE
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report ❑
❑
❑
❑
mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑
❑
❑
❑
Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? (i.e.,
discharge, ❑
❑
❑
❑
freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
❑
❑
❑
If yes, check the appropriate box below.
Application Field
Lagoon 1 Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
33. Did the Reviewer/inspector fail to discuss review/inspection with on-site representative?
34. Does the facility require a follow-up visit by same agency?
Page: 6
f
AZA.
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 18, 2009
Wesley Looper
BG Looper & Sons / Wesley Looper Farm
4695 Petra Mill Rd.
Granite Falls, NC 28630
Dear Mr. Looper,
Dee Freeman
Secretary
MAR 20 2029
Nhoville Regional Office
A �l_ ;°,Lr—moi 0—VIO, ,tQn
Swine Barn Structure Questions
Permit # AWS 140003
Caldwell County
This letter is in response to questions you had about regulations concerning the construction of a
new swine barn to replace an outdated one at your farm. Your main concerns were the
regulations applicable to the Swine Farm Siting Act. The Siting Act addresses construction of
new houses, lagoons, and sprayfields that serve swine farms.
If the new structure is not related to an expansion, and is constructed so that is does not further
encroach into the setbacks for houses or property lines, it should be allowable under the Siting
Act.
Please be advised that the Division has no enforcement authority related to the Siting Act, and
that our opinion will not protect you from 3rd party actions. Hopefully this answers your
question. If you have any other questions feel free to call me at (919) 715-6697 or the Asheville
Regional Office at (828) 296-4500.
Sincerely,
Keith Larick
Animal Feeding Operations Unit
cc: Bev Price, Asheville Regional Office
APS Central tiles
AQUIFER PROTECTION SECTION OncI
1636 Mal Serulce Center, Raloigh, North Carolina 27699.1636 No th Carnot Tina
Locatlon: 2728 Capital Boulevard, Raleigh, North Carellna 27604 �,��lll�[i [l�
Phone: 919-733-3221 V FAX 1: 919-715-0588; FAX 2: 919-715-60481 Customer Service: 1-677-623.6748
Internet: www.ncwaterquality,org
An Equal Opportunity 4 Affirmative, Action Employer
Lesley looper farm
Subject: weslcy looncr farm
From: Keith Larick <Keith,Larick@NCMail.net>
Date: Wed, 18 Mar 2009 11:50:15 -0400
To: Bev Price <Bev.Price@lcmail.net>
Bev,
I just got off the phone with Wesley Looper
will not be adding any sows.
•
He has revised his plan somewhat, and
He does want to construct a new barn to replace an old one, so we discussed the
siting act requirements. I gave him the guidance that we always give - if the new
house is no closer to an impacted residence than the old one was, then he should be
okay.
I also gave him our standard disclaimer - that DWQ has no enforcement authority over
the Siting Act, so if a neighbor doesn't like what he is doing, they can sue him,
regardless of the guidance he is getting from me.
Thanks,
Keith
E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties.
1 of 1 3/19/2009 8:16 AM
B.G. Looper & Sons
•
•
Subject: B.G. Looper & Sons
Brom: "Lyday, Russell - Morganton, NC" <Russell.Lyday@nc.usda.gov>
Date: Thu, 2 Aug 2007 07:19:44 -0500
To: <bev.price@ncmail.net>
CC: "Haynes, Cecil - Lenoir, NC" <Cecil.Haynes@nc.usda.gov>
Bev
Reference: B. G. Looper & Sons, Facility 14-3, Caldwell County, NC
NRCS field staff met with John Looper on August 1, 2007 regarding trees
on the Lower waste storage pond embankment. we found two poplar trees,
approximately 12 inches in diameter and 30 feet tall growing on the
downstream east face of the embankment on the lower toe slope. Mr.
Looper has agreed to cut these two trees, remove them from the
embankment, and treat the stumps with herbicide to prevent regrowth.
Several other trees of similar size are growing near the northest end of
the embankment. These trees do not appear to be on the embankment and
do not need to be removed.
Sincerely,
Russell W. Lyday
District Conservationist
1 of l 8/3/2007 8:05 AM
TO: John Looper
FROM: Seth Nagy, Extension ge �t Agric ltu
SUBJECT: Waste Call brati
DATE: November 17, 2005
North Carolina Cooperative Extension Service
College of Agriculture and Lite Sciences
Caldwell Counly Center
Nath Carolina Cooperative Extension
College of Agriculture and Life Sciences
120 Hospital Ave. NE Suite 1
Lenoir, NC 28645
Phone (B28) 757.1290
FAX (828) 757.1251
ww_w.ces.ncsu.edu/caldweg---...,-.�--�---- �•---i
I
��� t� '_..`,1-'^
I I I.rl'�
�U NOV 2 1 2005 . e
i
R0;1N11i ,n nTFr�c,r
Calibration results from 10/25/2005 test:
The Nelson 100 stationary irrigation guns were measured to have a flow of 123 gal/hr at 82
psi. Details of this calibration are attached in a memo from Dr. Gary Grabow.
The truck mounted liquid manure spreader has a measured effective capacity of 1350
gallons, Using the load area calibration method, one load covers 0.25 acres. This
calibration is valid when the when the truck is operated in second gear at 1700 rpm.
This calibration was performed b :
Cecil Haynes, Soil Conservationist
USDA — NRCS
Kevin Clark, Soil Conservationist
Caldwell Soil & Water Conservation District
Dr. Gary Grabow, Assistant Professor and Extension Specialist
NC Cooperative Extension
Seth Nagy, Extension Agent — Agriculture
NC Cooperative Extension
Enclosures
cc: Beverly price
Cecil Haynes
North Carolina St,nio Univol�•ily and Nortli Carnlira A&]' Univorsity C' nunit Ihemselve , to positive ,:union 10 ser:urc ortual opportunity
rogardless of race, color, cr'ecc1, nttticwal origin, relltlion, sex, acre, or disability. In ,addition, II7e Iwo Universities wekronie all persons
without regard to sexy+al orientation. North Carolina State University, Norah Carolina A&T State University, U.S. Department of Agriculture,
and local governments cooperating.