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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.