AL WRIGHT JR_CORRESPONDENCE_20171231

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State of North Carolina
Department of Environment, AlFWAVA
Health and Natural Resources • •
Fayetteville Regional Office
boom
James B. Hunt, Jr„ Governor ID E H N F1
Jonathan B, Howes, Secretary
Andrew McCall, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
MARCH 7, 1995
Mr. Edward L. Hall
County Supervisor
Farmers Home Administration
P.O. Box 1039
Whiteville, N.C. 28472
Subject: Environmental Assessment Request
Swine Farm Operations
Mr. Al Wright, Jr.
Bladen, Brunswick, Columbus County
Dear Mr. Hall:
This office is returning the subject request concerning the
proposed swine farm operation. This office does not perform
environmental assessments for private individuals. This service
must be obtained from a qualifed private consultant.
The applicant is cautioned to follow the attached animal waste
regulations in the siting, construction, and operation of his swine
operation.
The applicant should consult with the Corps of Engineers
regarding any potential wetland disturbances and file for the
appropriate permits. This office may at that time be contacted by
the Corps regarding any water quality impacts through the 401
certification process administered by DEM.
For your information:
Bryant Swamp,, Grissett Swamp, Juniper Swamp, Wet Ash Swamp,
Shingletree Swamp are classified Class C SW
Shallotte River is classified Class C SW HQW
Brunswick and Columbus County are in the Wilmington Regional
Office coverage. Their phone number is [phone].
If you have any more questions about this matter please
contact me at [phone].
Sincerely,
Michael Wicker
Regional Water Quality Supervisor
cc: Dave Adkins, Wilmington Regional Office
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

M
EANR - ENVIRONMENTAL MANAGEMENT TI SA: 02A .0200
(a) The following nondischarge facilities are deemed to be permitted pursuant to G.S. 143-215.1(d) and it
shall not be necessary for the Division to issue individual permits for construction or operation of the
following facilities:
(1) Animal waste management systems for which waste does not reach the surface waters by runoff,
drift, direct application or direct discharge during operation or land application and which meet the
following criteria:
(A) Systems which are designed for, and actually serve, less than the following number of animals
and all other systems not specifically mentioned in this Rule:
100 head of cattle
75 horses
250 swine
1,000 sheep
30,000 birds with a Iiquid waste system
Although these systems are not required to obtain an approved animal waste management plan,
animal waste treatment and storage facilities such as, but not limited to, lagoons, ponds, and
drystacks which are designed and constructed to serve new, upgraded or expanded facilities under
these size criteria are encouraged to meet the same minimum standards and specifications as
required for an approved animal waste management plan. Systems that are determined to have
an adverse impact on water quality may be required to obtain an approved animal waste
management plan or to apply for and receive an individual nondischarge permit from DEM.
(S) Poultry operations which use a dry litter system if records are maintained for one year which
include the dates the litter was removed, the estimated amount of litter removed and the location
of the sites where the litter was land applied by the poultry operation, the waste is applied at no
greater than agronomic rates and if litter is stockpiled not closed than 100 feet from perennial
waters as indicated on the most recent published version of U.S.G.S. 1:24.000 (7.5 minute) scale
topographic maps and other waters as determined by the local soil and water conservation district.
If a third party applicators is used, records must be maintained of the name, address and phone
number of the third party applicator.
(C) Land application sites under separate ownership from the waste generator, receiving animal waste
from feedlots which is applied by either the generator or a third party applicator, when all the
following conditions are met:
(i) the waste is applied at no greater than agronomic rates;
(ii) a vegetative buffer (separation) of at least 25 feet is maintained from perennial waters as
indicated on the most recent published version of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps and other waters as determined by the local soil and water conservation
district, if a wet waste application system is used.
(D) Existing animal waste management systems serving equal to or greater than the number of
animals as listed in Part (a)(1)(A) of this Rule until December 31, 1997, In addition, a
registration form for the system must be submitted to DEM on forms supplied or approved by
DEM pursuant to Paragraph (c) of this Rule. Systems that are determined to have an adverse
impact on water quality may be required to obtain an approved animal waste management plan
or to apply for and receive an individual nondischarge permit from DEM.
(E) Existing animal waste management systems serving equal to or greater than the number of animal
as listed in Part (a)(1)(A) of this Rule, which have an approved animal waste management plan
by December 31, 1997, Systems that do not have an approved animal waste management plan
or are determined to have an adverse impact on water quality may be required to apply for and
receive an individual nondischarge permit from DEM.
(F) New and expanded animal waste management systems serving equal to or greater than the number
of animals listed in Pan (a)(1)(A) of this Rule which are placed in operation during the period
from the effective date of this Rule through December 51, 1993 and which submitted a
registration form for the system to DEM on forms supplied or approved by DEM. Systems that
are determined to have an adverse impact on water quality may be required to obtain an approved
animal waste management plan or to apply for and receive an individual nondischarge permit
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EHNR - ENVIRONAIENTAL MANAGEMENT
TISA: 02H .0200
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(iii)
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New and expanded animal waste management systems serving equal to or greater than the number
of animals listed in Part (a)(1)(A) of this Rule, which have an approved animal waste management
plan after December 31, 1993.
For the purpose of this Rule, the procedures for the development of an approved animal waste
management plan shall be as follows:
The animal waste management practices or combination of practices which are selected to
comprise a plan for a specific feedlot must meet the minimum standards and specifications
of the U.S. Department of Agriculture - Soil Conservation Service contained in the Field
Office Technical Guide or the standard of practices adopted by the Soil and Water
commission or standards for any combination of practices which provide water quality
protection and are approved by one of that two agencies.
Plans must be certified by any technical specialist designated pursuant to rules adopted by the
Soil and Water Conservation Commission and the certificate submitted to the DEM central
office on forms approved or supplied by DEM. The technical specialist must certify that the
best management practices which comprise the plan meat the applicable minimum standards
and specifications. Should the Soil and Water Conservation Commission fail to adopt rules
to implement the provisions of this Rule within 12 months of its effective date, all animal
waste management systems that would have been required to obtain an approved animal waste
management plan must apply for and receive an individual nondischarge permit from the
Division of Environmental Management.
The land application buffers must meet the conditions established in Subpart (a)(1)(C)(ii) of
this Rule.
The waste shall not be applied at greater than agronomic rates.
For new or expanded animal waste management systems requiring a plan, plan approval must
include an on -site inspection to confirm that animal waste storage and treatment structures
such as but not limited to lagoons and ponds have been designed and constructed to meet the
appropriate minimum standards and specifications.
New and expanded animal waste storage and treatment facilities such as but not limited to
lagoons and ponds shall be located at least 100 feet from perennial waters as indicated on the
most recent published version of [l.S.G.S. 1:24,000 (7.5 minute) scale topographic maps and
other waters as determined by the local soil and water conservation district. Ibis buffer
requirement shall also apply to areas where an established vegetative cover will not be
maintained because of the concentration of animals, with the exception of stream crossings.
Animal waste storagel treatment facilities and animal concentration areas will be exempt from
the minimum buffer requirements if it can be documented that no practicable alternative exists
and that equivalent controls are used as approved by the Soil and Water Conservation
Commission.
For new facilities, an animal waste management plan must be approved before animals are
initially stocked. For an expanded facility, an animal waste management plan must be
approved before the additional animals are stocked. New and expanded systems may be
constructed in phases as long as each phase meets the minimum criteria established in Subpart
(a)(1)(14)(i) of this Rule.
For existing animal waste management systems, the animal waste management plan shall
include only operational and maintenance standards and specifications in effect on the date
of plan approval . Meeting minimum design and construction standards and specifications
for existing animal waste storage and treatment structures, such as but not limited to lagoons
and ponds, shall not be required for plan approval.
An approved plan for an existing animal waste management system may be amended at any
time without submitting a new certification to DEM if the revision meets minimum standards
and specifications and is approved by any technical specialist designated pursuant to Subpart
(a)(1)(H)(ii) of this Rule.
For animal waste management systems which use third party applicators, the plan must
require a current record to be maintained for a period of one year which includes the name,
address and phone number of the third party applicator, the date of removal of the animal
NORTFI CAROLINA ADMINISTRATIVE CODE 02114194 Page 19

Distributed In furtherance
of the Acts of Congress of
May Send June 30. 1B14.
Employment and program
opportunities are offered to
all people regardless of
race, color, national origin,
sex. age, or handicap.
North Carolina State
University, North Carolina
A&T State University, U.S
Department of Agriculture,
and local governments
cooperating.
WAIR QUAL11Y & WAS11
Wafer Qualify Nondischorge Rule
for Livestock forms in North Carolina
In the past, all animal waste management
systems have been "deemed permitted" as
long as the systems were not discharging
wastewater to surface waters. The amend-
ment to the nondischarge rule, which was
adopted by the Environmental Manage-
ment Commission on December 10, 1992,
requires a more formal compliance proce-
dure. These rules became effective Febru-
ary 1, 1993. The portion of the rule that
applies to animal waste management
systems is summarized in this publication.
This information should help farmers to
understand and meet compliance standards
and deadlines.
DUINITIONS
The words included in this section are used
in the rule. Understanding their meanings
within the context of the rule is essential for
understanding what you need to do to
comply.
• Feedlots: any lot, building, or combina-
tion of lots and buildings specifically
designed for the confined feeding,
breeding, raising, or holding of animals.
These are areas where animals are kept
for at least 45 days per 12-month period
during which time waste may accumulate
or where the concentration of animals is
such that a vegetative cover cannot be
maintained. This definition does not
AANAGfAINT
include pastures, but it may include
fenced areas without vegetation.
• Animal Waste: bodily waste from
livestock or poultry or a mixture of waste
with feed, bedding, litter, or other
materials.
• Animal Waste Management System: a
combination of structural and
nonstructural practices that collect, treat,
and store or land apply animal waste
without discharge to surface waters of
the state except in the event of a storm
more severe than the 25-year, 24-hour
storm.
• Existing Animal Waste Management
System: any animal waste management
system that was built and operating
before February 1, 1993, serves a feedlot
that was stocked with animals after
February 1, 1993, and has met all
conditions of being deemed permitted; or
serves a feedlot that was abandoned or
unused for less than 4 years.
• New Animal Waste Management
System: a system serving a feedlot that
was built after February 1, 1993, or a
feedlot that was abandoned or unused for
4 years or longer.
• Expanded Animal Waste Management
System: a system modified to meet an
increase in the amount of waste gener-
ated over the existing waste management
system design capacity.
North Carolina
Cooperative Extension Service
NORTH CAROLINA STATE UNIVERSITY
COLLEGE OF AGRICULTURE & LIFE SCIENCES

Table 1. Animal threshold numbers.
Animal Type Number of Animals
Cattle 100
Swine 250
Horses 75
'Sheep 1,000
Poultry, liquid waste system 30,000
• Registration: submission of a one -page form to DEM.
Farmers with waste management systems that serve
more animals than the numbers given in Table I must
submit the form by December 31, 1993.
• Approved Animal Waste Management Plan: a plan
to properly collect, treat, and store or land apply animal
waste in an environmentally safe manner that is ap-
proved by a technical specialist designated by the Soil
and Water Conservation Commission.
• Certification: farmers with waste management
systems that serve more animals than the numbers
given in Table I must submit a one -page form to DEM
indicating that their animal waste management plan has
been approved. Existing farms must be certified by
December 31, 1997. New and expanded farms must be
certified before animals are stocked.
• Perennial Waters: waters indicated by a blue line on
the most recent version of the U.S. Geological Survey
1:24,000 (7.5 minute) scale topographic maps. Maps of
perennial waters are available from your local Soil
Conservation Service (SCS) office.
• Deemed Permitted: animal operations functioning
without discharge and meeting all other applicable
rules for the specific type of system are considered
permitted even though an individual permit for con-
struction and operation has not been received from the
Division of Environmental Management (DEM).
• Agronomic Rates: application of waste materials to
supply only the amount of nutrients that will be used by
the crop. Agronomic rates are determined through soil
testing, waste analyses, and knowledge of crop needs.
Applying nutrients at agronomic rates decreases the
likelihood of nutrient loss through leaching and runoff.
flow to COMPLY
All animal waste management systems, regardless of size,
must operate without discharge to surface waters of the
state, except in the event of rainfall greater than the 25-year,
24-hour storm. In order to be deemed permitted, certain
feedlots must meet additional criteria. The two main parts of
compliance are registration and certification. These are
explained further as they apply to each type of system.
Poultry waste Management Systems
Dry Litter Systems
Poultry farms that use a dry litter system are not required to
obtain an approved waste management plan; but they must
comply with the following:
1) Maintain records for one year, including dates the litter
was removed, the estimated amount of litter removed,
and the location of the sites where the litter was applied.
2) Apply litter within agronomic rates.
3) Maintain a buffer of at least 100 feet between perennial
waters and stockpiled litter.
4) Keep a record of the name, address, and phone number
of any third -party applicator.
Wet Systems
Facilities with a liquid waste system that serves equal to or
greater than 30,000 birds must follow the appropriate
registration, approval, and certification procedures for
existing, new, and expanded waste management systems.
Pastures
Pastures are deemed permitted without registration and
certification if animal waste does not reach surface waters
by runoff, drift, or direct discharge. Certain pastures, such
as loafing areas, however, may qualify as feedlots. In that.
case, registration and certification of an animal waste
management plan are necessary.
feedlots with less Phan Animal Threshold Numbers
The numbers given in Table 1 are considered threshold
numbers for animal populations. Animal waste management
systems that serve fewer animals than the numbers listed in
Table 1 are deemed permitted as long as they are operating
without discharge.

Farmers within this category do not have to submit
registration and certification forms but are encouraged to
develop an animal waste management plan. They are
expected to prevent the impairment of water quality by
using appropriate best management practices (BMPs).
Systems in this category that are determined to have an
adverse impact on water quality may be required to obtain
an approved animal waste management plan or to apply for
and receive an individual nondischarge permit from DEM.
feedlofs with Greater than threshold Numbers
Existing, new, and expanded animal waste management
systems, as defined earlier, are discussed in this section.
The steps in meeting the regulatory requirements include
registration, approval, and certification of an animal waste
management plan.
Approved plans may be revised as long as a technical
specialist verifies that the changes meet all applicable
standards and specifications. A change in farm ownership
requires the new owner to sign a letter to DEM indicating
that the approved animal waste management plan is under-
stood and will be implemented.
Existing Animal Waste Management Systems
Farmers with existing animal waste management systems
serving an animal population equal to or greater than the
threshold numbers must complete and submit a one -page
registration form to DEM by December 31, 1993. The
registration form includes information such as name,
address, location, farm size, type and number of animals,
and type of waste management system.
Technical specialists designated by the Soil and Water
Conservation Commission can approve waste management
plans. The specialist must certify that the BMPs comprising
the plan meet the applicable operation and maintenance
standards and specifications. Certification that an animal
waste management plan has been approved must be submit-
ted to DEM by December 31, 1997.
Structural changes may not be necessary if waste manage-
ment practices can be modified to meet the following:
• Waste lagoons, ponds, and storage structures operated
without overflow or discharge within the 25-year, 24-
hour storm capacity.
• Access to enough land is available for waste application
at agronomic rates.
• Proper equipment is available for use when needed
New and Expanded Animal Waste Management Systems
In order to be deemed permitted, new and expanded
animal waste management systems constructed after
December 31, 1993, must be maintained and operated
without discharge and meet specific design and construc-
tion standards. These include standards and specifications
in the USDA-SCS Field Office Technical Guide or the
standard of practices adopted by the Soil and Water
Conservation Commission.
In addition, a 100-foot separation must be maintained
between perennial waters of the state and animal waste
management facilities or areas where vegetative cover
cannot be maintained because of animal concentrations,
with the exception of stream crossings. This buffer is not
required if it can be shown that no practical alternative
exists and equivalent controls that have been approved by
the Soil and Water Conservation Commission are used.
New and expanded animal waste management systems
must obtain an approved waste management plan before
animals are stocked. Certification that the plan has been
approved must be submitted to DEM before animals are
stocked.
Land Application of Animal Waste
Land application of animal waste is permitted when
application does not exceed agronomic rates and a buffer
of at least 25 feet is maintained between an area where
liquid waste is applied and perennial waters. Wastes are
not to be applied in drainage ditches.
If a third -party applicator is used, records must be
maintained of the name, address, and phone number of the
applicator. Once animal waste is removed from a farm by a
third -party applicator, it is the applicator's responsibility to
properly manage the waste.
WUHAN
For existing farms with equal to or greater than the thresh-
old numbers, failure to register with DEM by December
31, 1993, or to submit certification of an approved plan to
DEM by December 31, 1997, shall result in the initiation
of appropriate enforcement action. Enforcement may
include requiring the farmer to apply for and receive an
individual nondischarge permit, fines, or both.
Beginning January 1, 1994, new and expanded farms
with equal to or greater than the threshold numbers that
fail to submit a certification of an approved animal waste

COMPLIANCE TIMETABLE
FEBRUARY 1,1993 ................................Rules became effective.
DECEMBER 31,1993 ...........................:. Existing farms with more than animal threshold numbers must
register with DEM.
JANUARY 1,1994 ................................... Beginning on this date, new or expanded farms with more than
animal threshold numbers must provide certification to DEM of an
approved waste management plan before beginning operations.
DECEMBER 31, 1997 .............................Existing farms as of February 1,1993, and farms built between
February 1 and December 31, 1993, with more than animal
threshold numbers must provide certification to DEM of an
approved waste management plan to be deemed permitted.
management plan before animals are stocked are subject to
appropriate enforcement action. If a farm is found by DEM
to be violating a condition of its approved plan by not
following BMPs, then an individual nondischarge permit
may be required and fines may be assessed.
Livestock farms where man-made pipes, ditches, or
other conveyances have been constructed for the purpose
of discharging pollutants may be fined for a first offense
without a grace period. Fines for the willful discharge of
pollutants can reach $5,000 for the first offense unless
water quality standards are violated. If water quality
standards are violated, civil and criminal penalties of up to
$16,000 per day and imprisonment may be assessed.
SUMMARY
The water quality nondischarge rule for animal operations
places the responsibility of developing and maintaining
animal waste management plans with the agricultural
community. Flexibility is provided for agricultural agen-
cies and farmers to adapt technology and best management
practices to site -specific situations. DEM is responsible for
enforcing all water regulations.
This publication was paid for by the U.S. Environmental Protection Agency with a grant
through Project 319 funding for Nonpoint Source Management.
Prepared by
The North Carolina Cooperative Extension Service's Waste Management and Utilization Action Team,
College of Agriculture and Life Sciences, North Carolina State University, Raleigh, NC
This publication was reviewed by personnel of the Water Quality Section, Division of Environmental Management,
North Carolina Department of Environment, Health and Natural Resources, and has their endorsement.
10,000 copies of this public document were printed at a cost of $1,520.00, or $0.15 per copy.
Published by
NORTH CAROLINA COOPERATIVE EXTENSION SERVICE
U

United States
Department of
Agriculture
Farmers
Nome
Administration
NC DEHNR
Fayetteville Regional.office
Wachovia Building, Suite 714
Fayetteville, NC 28301-5094
Attention: Water Quality
Dear Sirs:
P.O. Box 1039
WhiteviLLe, NC 28472
(PHONE) 910-642-8258
(FAX) 910-642-6766
March 6, 1995
xECEIVEn
MAR 7 1995
ENV. MANAGEMENT
FAYETOILLE REG. OFFICE;
Our agency has received an application from approved lender,
Wachovia Bank of NC to refinance the debts of a swine operation
owned by Mr. Al Wright, Jr.
In accordance with our instruction, prior to granting this
financial assistance, we are required to obtain an environmental•
assessment which includes endangered species, flood plain and
wetland protection.
We are enclosing Maps of Columbus County, Brunswick County and
Bladen County with Mr. Wright's swine operations located.
Accordingly, we are soliciting your input for assurance that we
remain in compliance with relevant environmental regulations.
If you need any additional information, please advise.
Sincerely,
Edward L. Ha11
County Supervisor
NUR Farmers Home Administration is an Equal Opportunity Lender.
ICompLaints of discrimination should be sent to:
nSecretary of Agriculture, Washington, D.C. 20250
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