HomeMy WebLinkAbout710098_HISTORICAL_20171231NORTH CAROLINA .�
Department of Environmental Qua
i)
STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
(9 1. 0) 796-7215
FILE ACCESS RECORD
SECTION WRROS
TIMEIDATE 1:00-3:00 m/October 25 2017
NAME Christy Burch/704-458-4081
REPRESENTING self
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
public to safeguard these records and to carry out our day-to-day program obligations. Please read
carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment to review the files. Appointments_ will be scheduled
between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an
appointment may -view the files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facility name_ The number of files that you
may review at one time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the
reception desk. Copies totaling $5.00 or more can be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are
permitted in the file review area.
5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused.
FACILITY NAME
I. Permit 71-29 Hog Farm
2.-----
3.
4.
P4r , ' I ID 7
Signature and Nprile of Firm/Business Date
Please attach a business card to this form
COPIES MADE 2-2 0 PAID'il S
S:Admin.file access
COUNTY
Pender_
n e-- �
-1-D- 3190
Time In Time Out
INVOICE
U
co
in P.
Ll
NORTH CAROLINA COOPERATIVE FX;[NSION SEPVI(
APPENDIX 2. SLUDGE SURVEY Dr1?rl SHEET' REVISED AUGUST 20013
Lagoon ldentifkAtion:.
Gil by: Due-,. �s
Print ntame signature
(B)
(c)
Dls M" from a*w
Distance f"" 40 surfam
Grid
surface to top of sludge
to lagoon bottom (soil)
Thidrnen of *K* fryer
ft St in.
ft (tennhs)
Fold No.
ft 8t in. Ft (tenths)
ft a In. h (tenths)
w
lcr
3
4
S
-
6
ICI -
7
.
10
14
i1618
19`
E 20
21
-
i -_2213
I
24
I
IVumtxt Or
--t —-------- ---- -- _�
ponU rvRh
x x
A, pump
'AD Grid Pwu and ( rrrspoM" %kWW Wyer ttw krw %sm worst be shown on a slueuh atta lwd to this Sludge Sweep Data
She" Ste App"xhA 4 roe convef%xv from int h n to tenths d a foot.
M � P, �, L/,, '
Appends: 3. Worinalteet for dodge volume and treatment volume Revised Auk 200li
The average thickness of the sludge layer and the thickness of the existing liquid (sludge -free) treatrreent
zone (are dctcnnined firom information on the Lagoon Sludge Survey Form (Items O and P. respectively).
In this example, the average sludge layer thickness is 2.5 feet and the existing liquid treatment Zone is 3.5
feet. N the lagoon has a designed Mudge storage volume, at notes at end of the worksheet. T)te
dimensions of the lagoon as me a ed and the side slope am needed for calculations of sludge volume
and of total treatment volume. If the lagoon is a standard geometric shape, the sludge volume and
Veatrnent volume in the lagoon can be estimated by using standard equations. For approximate volumes
of rectangular lagoons with constant side slope, calculate length and width at the midpoint of the layer,
and multiply by layer thickness to calculate layer volume, as shown in the example. For irregular shapes,
convert the total surface area to a square or rectangular shape. For exact volume' for laVons with
constant side slope. the "Prismoidal Equations" stay be used.
Example
Your lagoon
1. Average Sludge Layer Thickness (T)
3.
2. Depth of lagoon from top of bank
to bottom soil surface (D)
.(1 �
3. Slope = horizontaltvcrtical side slope (S)
3
4. Length at top inside bank (L)
457 ft.
a�'r
S. Width at top inside hank (W)
229 R._
6. Length at midpoint of sludge layer
Le = L - 2 S (D- (T2)) 3".5 ft.
7. Width at midpoint of sludge layer
W.=W-2S(D-(T12)) 71 _05R• �Ifr
8. Volumc of sludge (Vs):
Vs = L., W. T f t 6b f13
9. Volume in gallons: r
Vss =V - 7.5 gaunt'. 1.273950 Qal. kv �3 a
10. Thickness of existing liquid tmt. Zone (Y) 3.50. k
11. Thickness of total treanaent zone (Z) 6.0 R.
Z =T-Y
iAppeediz 3 coodawd on nest page)
w
Revised August 2008
APPUWk 3. WMtsheet for lodge vdnme and ft"U eat wobnme (con"ROM
12. Ungth at midpoint of total MIL zone 409 &
I..z -L -2(S)(D•-(Z2)
13. Width at midpoint of total tmL zone 8 t fL
W7 = W - AS) (D-- (M)
i 14. Volume of total Oftonent zone (Vz) 444.174 j
Vz-L,zWzZ
1 S. Ratio (R) of sludge layer volume to trial
Trratmtnt volume
R = Vs/Vz
If the raft exceeds 0.50, than a sludge Plan of Action may be required. Check rrhbt
DWQ for Information on filing the Pisa of Action.
Note: If the lagoon has a designed sludge storage volume (DSSV), subtract that volume from
both the volume of sludge (Vs) (item 8) and from the volume of total treatment zone (Vz) (Item
14), and take the ratio:
R = (Vs - DSSV) r (Vz - DSSV)
Example: if DSSV = 85,000 ft , then R = (169,860 - 85,000) / (444,174 - 85.000)
R - 94.960 / 359.174 = 0.24
Animal Waste Management System Operator Designation Form
Facility/Far/m�Name: _
Permit #: / �'
WPCSOCC
NCAC 15A 8F .0201
Facility M4: - 1 County:
Operator In Charge (OIC)
Name: rYSOr 1 4
-First / Middle Lust
Jr, Sr, etc.
Cert Type I Number: I 3 S z- _ Work Phone. ( i 10 ) ? 17 — 4 A
Signature:— _ ' _ _ bate: S12,113
" I certify that I agree to my designation as the Operator in Charge for the facility noted. I understand and will abide by the rules
and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary
Actions by the Water Pollution Control System Operators Certification Commission."
Back-up Operator In Charge (Back-up OIC) (Optional)
First - Middle Last Jr, Sr, etc.
Cert Type / Number:
Signature:,
Work Phone: (
Date:
" I certify that I agree to my designation as Back-up Operator in Charge for the facility noted. T understand and will abide by the
rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in
Disciplinary Actions by the Water Pollution Control System Operators Certification Commission"
Owner/Permittee Name: flaw +0
Phone #: %U 4(d 7 3 Fax#:
Signatu Date. 3--
(Owner ' thorized agent)
Mail or fax to: WPCSOCC
1618 Mail Service Center
Raleigh, N.C. 27699-1618
Fax: 919-733-1338
(Retain a copy of this form for your records)
Revised Sn007
State of North Carolina
Department of Environment and Natural Resources=
Division of Water Quality
Animal Waste Y
Management Systems
w rLo
g
Request for Certificate of Coverage
Facility Currently Covered by an Expiring State Non -Discharge General Permit
On September 30, 2009, the North Carolina State Non -Discharge General Permits for Animal Waste Management Systems will
expire. As required by these permits, facilities that have been issued Certificates of Coverage to operate under these State Non -
Discharge General Permits must apply for renewal at least 180 days prior to their expiration date. Therefore all applications must be
received by the Division of Water Quality by no later than April 3, 2009.
Please do not leave any question unanswered Please make any necessary corrections to the data below.
1. Facility Number: 710098 and Certificate of Coverage Number: AWS710098
2. Facility Name: Moore Farm
3. Landowner's name (same as on the Waste Management Plan). James Kenneth Barnhill
4. Landowner's Mailing address: 745 Piney Woods Rd
City/State: BumQaw, NC Zip: 28425
Telephone Number (include area code): 9102858555 E-mail:
5. Facility's physical address: ,� 0
City/State: 11-C- Zip: g `%-J
6. County where facility is located: Pender
7. Farm Manager's name (If different than the Landowner):
8. Farm Manager's telephone number (include area code):
9. Integrator's name (if there is not an integrator write "None"): Meshy Family Farms
10. Lessee's name (if there is not a lessee write "None"):
11. Indicate animal operation type and number:
Swine
Cattle
Wean to Finish
Dairy Calf
an to Feeder 200
Dairy Heifer
Farrow to Finish
Milk Cow
Feeder to Finish
Dry Cow
Farrow to Wean
Beef Stocker Calf
Farrow to Feeder
Beef Feeder
Boar/Stud
Beef Brood Cow
Gilts
Other
Other
Horses - Horses Sheep - Sheep
Horses - Other Sheep - Other
Dry Poultry
Non Laying Chickens9c]-l' .�
Laying Chickens �`'V V P�
Turkeys
Other A UG 1 -4 2009
Pullets By.
Turkey Poults
Wet Poultry
Non Laying Pullets
Layers
RECEIVED I DENR I DWQ
AQUIFFR'PRf1TFr,TI0N SECTION
AUG 112009
L•/11n TAX T3V7k17: Alf A 7 Cr A rE!"'L`%3VT> A T fk'%/fkn
t_-
Submit two (2) copies of the most recent Waste Utilization Plan for this facility with this application. The Waste Utilization
Plan must be signed by the owner and a technical specialist. If a copy -of the facility's most recent_ Certified Animal Waste
Manazement Plan (CAWMP) has not previously been submitted to the NC Division _o_f_Water Oualitytwo 2 coDies of the
CAWMP must also be submitted as part of this application.
I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that, if
all required parts of this application are not completed and that if all required supporting information and attachments are not included,
this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-
215.613, any person who knowingly makes any false statement, representation, or certification in any application may be subject to
civil penalties up to $25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or
imprisonment of not more than 5 years, or both for a similar offense.)
Printed Name of Signing Official (Landowner, or if multiple Landowners all landowners should sign. If Landowner is a corporation,
signature should be by a principal executive officer of the corporation):
Name: r21A Title:
Signature: 01, 46&4"�w Date: G /!/d
Name: Title:
Signature: Date:
Name: Title:
Signature: Date:
THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NCDENR — DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: (919) 733-3221
Fax Number: (919) 715-6048
RECEIVED I DENR I DWQ
AQUJFFR-pR01TFi:T10N SFCTION
AUG 112009
FORM RENEWAL -STATE GENERAL 02109
PRODUCER: JK Barnhill
Moore Farm
LOCATION: 745 Pineywoods Rd.
Burgaw, NC
TELEPHONE: (910) 285 8555
TYPE OPERATION: wean - feeder
NUMBER OF ANIMALS: 5200
(Design Capacity)
The waste from your animal facility must be land applied at a specified rate to prevent pollution
of surface and/or groundwater. The plant nutrients in the animal waste should be used to
reduce the amount of commercial fertilizer required for the crops in the fields where the waste
is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste
should be analyzed before each application cycle. Annual soil tests are strongly encouraged
so that all plant nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste, Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and available water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year_ With special precautions, waste may be
applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when
it is raining, or when the surface is frozen. Either of these conditions may result in runoff to
surface waters which is not allowed under DEM regulations. Wind conditions should also be
considered to avoid drift and downwind odor problems. To maximize the value of nutrients for
crop production and to reduce the potential for pollution, the waste should be applied to a
growing crop or applied to bare ground not more than 30 days prior tolptar.timlr i ectin the
waste or disking will conserve nutrients and reduce odor problems.
AUG 1 4 2009
The estimated acres needed to apply the animal waste is based on typical' -nutrient content for
this type of facility. Acreage requirements should be based on the waste analysis report m
your waste management facility. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A
NCAC 2H_0217 adopted by the Environmental Management Commission.
RE.CEIVE01 DENR I DWQ
AQUIFFR•pRnTFI,TION SFCTION
AUG 112009
Page 1
�-�: p � . � . ;... � � ° � WASTE UT1 �1° � �T1.� � P�►..N°
5,200 animals X Q_? (tons) wastelanimallyear =
Amount of Plant Available Nitrogen (PAN) Produced Per Year
5,200 animals X 0.48 lbs. PAN/animal/year =
Guide Std. 633) -
2,184 (tons) waste/year.
2,496 lbs. PAN/year. (PAN from N.C.
Tech
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner
The following acreage will be needed for waste application based on the crop to be grown and
surface application:
Table 9: ACRES OWNED BY PRODUCER
Tract Field* Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre Utilized Application
Moore
uncl
GoA
Bermuda(G)
275
5.89
1894.75
March - Sept.
Moore
unc2
Ra
Bermuda(G)
190
3.46
657.4
March - Sept.
Moore
uncl&2
NA
Small Grain
50
10.35
517.5
Sept. - April
Total 1 10.351 3,069.65
*This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are
applied, they must be accounted for. N must be based on realistic yield expectatin,,rr.
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N
requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some
eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients.
This plan only addresses Nitrogen.
Page 2
1Mt1 -1, � w�T1OIV-P► : m
Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowner must be attached)
(Required only if operator does not own adequate land [see
Required Specification 2])
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre* Utilized Application
" See footnote for Table 1.
Total -
Totals from above Tables
Acres Lbs. N
Utilized
Table 1 10.35 3,070
Table 2 0.00 -
Total 10.35 3,070
Amount of N Produced 2,496
Surplus or Deficit (574)
NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over
application of nutrient or other elements.
Page 3
... 1_v- •• •t-v:.vv.v:x.v.v.:•.c:•.{i{{•i;{:•:4:{+: {�'.; -rr: vti4^: yv
.:.... ... ,n,:,<..::...:: : ...:.: •::. x .uw.euuxvv. v { .:.x : w...v«.v�::.m..v..:ivv._.v..:......:nu:Y'Cixiiwiii-i�v':}:vaiuii�iii��:Jri4}.}.: i:.{::-.
See attached map showing the fields to be used for the utilization of waste water.
Application of Waste by Irrigation
IKA*&.
Field Soil Type Crop Application Application
No. Rate (In/Hr) Amount (In.)
unci
GoA
Bermuda
0.5
.5-1
unc2
Ra
Bermuda
0.4
.5-1
THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL
BE NEEDED FOR DRY LITTER OR SLURRY.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 6 MONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation *see lagoon design.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil
and Water Conservation District office after you receive the waste analysis report for assistance in
determining the amount per acre to apply and the proper application rate prior to applying the
waste.
Narrative of operation.
Page 4
9 'd
REQUIRED SPECIFICATIONS
1 Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climatic conditions, and level
of management, unless there are regulations that restrict the rate of application for other
nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per
year providing grass filter strips are installed where runoff leaves the field. (See FOTG
Standard 393 - Filter Strip).
5 Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland,
the waste may be broadcast provided the application does not occur during a season
prone to flooding. {See "Weather and Climate in North Carolina" for guidance.}
7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur in order to control odor or flies.
8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen_
Page 5
REQUIRED SPECIFICATIONS
(continued)
9 Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potential for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
11 Any new swine facility sited on or after October 1, 1995 shall comply with the following:
The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips).
12 Animal waste shall not be applied closer than 100 feet to wells_
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialist".
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates in a
manner that courses no runoff or drift from the site.
16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system.
Page 6
REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18 If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc_, should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of ail waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within 80 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years. Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7
x X ASTE�UTILIZATIOP[�►V
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: X Barnhill - Moore Farm
Owner / Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before the
new animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm
office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner: JK Barnhill, Jr.
(Please print)
Signature Date: //�/,j _v a
Name of Manager (If different from owner):
Signature:
Name of Technical Specialist: (Please print)
Affiliation: MurDhv Familv Farms
Address (Agency):
Signature:
P.O. Box 759
Rose Hill, NC 2
Date:
Kraig A. Westerbeek
Page 8
PRODUCER: JK Barnhill
Moore Farm
LOCATION: 745 Pineywoods Rd.
Burgaw, NC
TELEPHONE: (910) 285 8555
TYPE OPERATION: wean - feeder
NUMBER OF ANIMALS: 5200
(Design Capacity)
The waste from your animal facility must be land applied at a specified rate to prevent pollution
of surface and/or groundwater. The plant nutrients in the animal waste should be used to
reduce the amount of commercial fertilizer required for the crops in the fields where the waste
is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste
should be analyzed before each application cycle. Annual soil tests are strongly encouraged
so that all plant nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste_ Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and available water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special precautions, waste may be
applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when
it is raining, or when the surface is frozen. Either of these conditions may result in runoff to
surface waters which is not allowed under DEM regulations. Wind conditions should also be
considered to avoid drift and downwind odor problems. To maximize the value of nutrients for
crop production and to reduce the potential for pollution, the waste should be applied to a
growing crop or applied to bare ground not more than 30 days prior t t g.,,.n ti the
waste or disking will conserve nutrients and reduce odor problems.
AUG 1 4 2009
The estimated acres needed to apply the animal waste is based on typjj a nutrient content for
this type of facility. Acreage requirements should be based on the waste analysis report from
your waste management facility_ Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A
NCAC 21-1.0217 adopted by the Environmental Management Commission. RECEIVEDIDENRIDWO
A0UiFFR'PRnTF,CTI0N SECT10"
AUG 112009
Page 1
- •. -• 0-•. •0 .�
5,200 animals X "4 (tons) wastelanimallyear = 2,184 (tons) waste/year.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
5,200 animals X 0.48 lbs. PAN/animal/year = 2,496 lbs. PAN/year. (PAN from N.C.
Guide Std. 633) _ Tech
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner
The following acreage will be needed for waste application based on the crop to be grown and
surface application:
Table 1: ACRES OWNED BY PRODUCER
Tract Field* Soil Crop Lbs. N Acres Lbs. N Month of
# No. Tvpe Per Acre Utilized Application
Moore
", uncl
GoA
Bermuda(G)
275
5.89
1894.75
March - Sept.
Moore
eV unc2
Ra
Bermuda(G)
190
3.46
657.4
March - Sept.
Moore
uncl&2
NA
Small Grain
50
10.35
517.5
Sept. - April
Total 1 10.351 3,069.65 t
*This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are
applied, they must be accounted for. N must be based on realistic &Ld a ortatioP.
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N
requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some
eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients.
This plan only addresses Nitrogen.
Page 2
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre* Utilized Application
See footnote for Table 1.
Total -
Totals from above Tables
Acres Lbs. N
Utilized
Table 1 10.35 3,070
Table 2 0.00 -
Total 10.35 3,070
Amount of N Produced 2,496
Surplus or Deficit (574)
NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over
application of nutrient or other elements.
Page 3
a-..,+..:,-•ram-..-a->:h-:.r:,x=:yx,o::,:.w..::2:..:..�.Yn•;.::c2u-a-::,s;;:y::•::cixw.,.,:..-:.w."t. .. ... :.. ... ....
See attached map showing the fields to be used for the utilization of waste water.
Application of Waste by Irrigation
JK
Field Soil Type Crop Application Application
No. Rate (In/Hr) Amount (In.)
uncl
GoA
Bermuda
0.5
.5-1
unc2
Ra
Bermuda
o.4
.5-1
THIS TABLE IS NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL
BE NEEDED FOR DRY LITTER OR SLURRY.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every 6 MONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation *see lagoon design.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil
and Water Conservation District office after you receive the waste analysis report for assistance in
determining the amount per acre to apply and the proper application rate prior to applying the
waste.
Narrative of operation:
Page 4
REQUIRED SPECIFICATIONS
1 Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the number of animals, method of utilization, or available land.
3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields based on soil type, available moisture, historical data, climatic conditions, and level
of management, unless there are regulations that restrict the rate of application for other
nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per
year providing grass filter strips are installed where runoff leaves the field. (See FOTG
Standard 393 - Filter Strip).
5 Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when there is danger of drift from the irrigation field.
6 When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland,
the waste may be broadcast provided the application does not occur during a season
prone to flooding. (See "Weather and Climate in North Carolina" for guidance.)
7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur in order to control odor or flies.
8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
Page 5
REQUIRED SPECIFICATIONS
(continued)
Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potential for leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
11 Any new swine facility sited on or after October 1, 1995 shall comply with the following:
The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips).
12 Animal waste shall not be applied closer than 100 feet to wells.
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialist".
Animal waste shall not be applied on grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates in a
manner that courses no runoff or drift from the site.
16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system_
Page 6
= vrr�sE uT�L�;zAT�on��.a
REQUIRED SPECIFICATIONS
(continued)
i7 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible. Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18 If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of ail waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years_ Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7
WASTE UTILIZATION PLAN AGREEMENT
Name of Farm: X Barnhill - Moore Farm
Owner / Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above_ I (we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before the
new animals are stocked. I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm
office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner
(Please print)
JK Barnhill, Jr.
Signature4-k4&-f Date
Name of Manager (If different from owner):
Signature:
Date:
ZZ-/5 -v 0L
Name of Technical Specialist: (Please print) Kraig A. Westerbeek
Affiliation
Address (Agency):
Signature:
MurDhv Famiiv Farms
P.O. Box 759
Rose Hill. NC
I//314!� -�,
Page 8
� A
'NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 31, 2009
James Kenneth Barnhill
Moore Farm
745 Piney Woods Rd
Burgaw, NC 28425
Subject: Application for Renewal of Coverage for Expiring State General Permit
Dear Permittee:
Dee Freeman
Secretary
This is a follow-up to our March 3, 2009 letter requesting an application from your facility for the continued coverage under one of the
Animal Waste Operation State Non -Discharge General Permits. Current General Permits expire on September 30, 2009. Copies of the
new General Permits are available at hM2://h2o.enr.state.nc.us/ai)s/afoi!Lanlications.htm or by writing or calling:
NCDENR — DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: (919) 733-3221
In order to assure your continued coverage under the State Non -Discharge General Permits, you must submit an application for permit
coverage to the Division. Enclosed you will find a `Request for Certificate of Coverage Facility Currently Covered by an Expiring
State Non -Discharge General Permit.' The application form must be completed and returned by September 3, 2009. Please note. you
must include two (2) copies of vour most recent Waste Utilization Plan with the application form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation ofNCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel
free to contact the Animal Feeding Operations Unit staff at 919-733-3221.
Sincerely,
Ted L. Bush, Jr., Chief
Aquifer Protection Section
Enclosures _
cc (w/o enclosures): Pender Wilmington Regounty siornal Office,l and Aquifer Districtr Conservation A u fer Protection Section
4
AFO Unit Central Files - 710098
Murphy Family Farms AUG 4 ZQ49
BY:
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636 One
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27606 NOLffiC3FQlina
Phone: 919-733-3221 1 FAX 1: 919-715-05U; FAX 2: 919-715-60481 Customer Service: 1-877-623-6748 ]I! ]��� n //
Internet; WWrt waterauality.org �/ y L ally
An Eauai Opportunity 5 Affirmative Action Emoloyer
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
May 1, 2003
James K. Barnhill Jr.
Moore Farm
745 Piney Woods Rd.
Burgaw NC 28425
Subject: Certificate of Coverage No. AWS710098
Moore Farm
Swine Waste Collection, Treatment,
Storage and Application System
Pender County
Dear James K. Barnhill Jr.:
On April 28, 2003, the North Carolina General Assembly ratified Senate Bill 733 which directs the
Division of Water Quality (Division) to extend the expiration'date of the -Swine- Waste -Operation -General
Permit AWG100000. Therefore, the General Permit has been re -issued by the Division to extend the
expiration date to October 1, 2004. During the period of this extension the Division will be working with
all interested parties on the development of a new version of the Non -Discharge General Permit.
In accordance with your application received on February 3, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to James K.
Barnhill Jr., authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG1000M. The issuance of this COC
supercedes and terminates your previous COC Number AWS710098 which expired on April 30, 2003.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Moore Farm, located in Pender County,. with-an..animal-capacity_of_no- greater
than an annual average of 5200 Wean to Feeder swine and the application to land as specified in the
facility's Certified Animal Waste Management Plan (CAWMP). If this is a Farrow to Wean or Farrow to
Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may
be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4
gilts for every 3 sows
The COC shall be effective from the date of issuance until October 1, 2004. Pursuant to this COC, you
are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COG An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property. WWI
NWDENR
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Customer Service Center
An Equal Opportunity Action Employer
Internet httpJ/h2o.enr_state.nc.us/ndpu
Telephone (919) 733-5083 Fax (919)715-6048
Telephone 1-877-623-6748
50% recycled40% post -consumer paper
w
Upon abandonment or- depopulation for a period of four years or more, the Pernvttee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per NRCS standards a 100 foot separation shall be maintained between water supply wells and any
lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143--
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
CP
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Wilmington Regional Office. The Regional Office
Water Quality Staff may be reached at (910)'395=3900.- -If, ,you -need additional information concerning
this COC or the General Permit, please contact Michelle Barnett at (919) 733-5083 ext. 544.
Sincerely,
v
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG100000)
M. (Certificate of Coverage only for all cc's)
Wilmington Regional Office, Water Quality Section
Pender County Health Department
Pender County Soil and Water Conservation District
Permit File AWS710098
NDPU Files
x:S.,. __ s•� ..ao�a`. k'� z �- `vks`cJ. - -� `�1��•�,..•�' ..� ----.. ..- '�ic: �^".ow.. a•...Yio
PRODUCER: JK Barnhill
Moore Farm
LOCATION: 745 Pineywoods Rd.
Burgaw, NC
TELEPHONE: (910) 285 8555
TYPE OPERATION: wean - feeder
NUMBER OF ANIMALS: 5200
(Design Capacity)
The waste from your animal facility must be land applied at a specified rate to prevent pollution
of surface and/or groundwater. The plant nutrients in the animal waste should be used to
reduce the amount of commercial fertilizer required for the crops in the fields where the waste
is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste
should be analyzed before each application cycle. Annual soil tests are strongly encouraged
so that all plant nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe
manner. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are
important as they have different infiltration rates, leaching potentials, cation exchange
capacities, and available water holding capacities. Normally waste shall not be applied to land
eroding at greater than 5 tons per acre per year. With special precautions, waste may be
applied to land eroding at up to 10 tons per year. Do not apply waste on saturated soils, when
it is raining, or when the surface is frozen. Either of these conditions may result in runoff to
surface waters which is not allowed under DEM regulations. Wind conditions should also be
considered to avoid drift and downwind odor problems. To maximize the value of nutrients for
crop production and to reduce the potential for pollution, the waste should be applied to a
growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the
waste or disking -will conserve nutrients and reduce odor problems.
The estimated acres needed to apply the animal waste is based on typical nutrient content for
this type of facility. Acreage requirements should be based on the waste analysis report from
your waste management facility. Attached you will find information on proper sampling
techniques, preparation, and transfer of waste samples to the lab for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A
NCAC 2H.0217 adopted by the Environmental Management Commission.
Page 1
i
5,200 animals X Q � (tons) wastelanimal/year
Amount of Plant Available Nitrogen (PAN) Produced Per Year
5,200 animals X 9.48 lbs. PAN/animallyear =
Guide Std. 633) . _
2,184 (tons) waste/year.
2,496 Ibs. PAN/year.' (PAN from N.C.
Tech
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner
The following acreage will be needed for waste application based on the crop to be grown and
surface application -
Table 1: ACRES OWNED BY PRODUCER
Tract Eleid* Soil! Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre Utilized Application
Moore
uncl
GoA
Bermuda(G)
275
0.89
1894.75
March -Sept.
Moore
unc2
Ra
Bermuda(G)
190
3.46
657.4
March - Sept.
Moore
unci&2
NA
Small Grain
50
10.35
517.5
Sept. - April
Total l 10.35 1 3,069.65 1
*This N is from animal waste only. if nutrients from other sources such as commercial fertilizer are
applied, they must be accounted for. N mast he based on realistic .yield expectation.
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N
requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some
eastern counties of North Caroline to have a nutrient management plan that addresses all nutrients.
This plan only addresses Nitrogen.
Page 2
Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
(Agreement with adjacent landowner must be attached)
(Required only if operator does not own adequate land [see
Required Specification 2])
Tract Field Soil Crop Lbs. N Acres Lbs. N Month of
# No. Type Per Acre* Utilized Application
' See footnote for Table 1.
Totals from above Tables
Acres Lbs. N
Utilized
Table 1 10.35 3,070
Table 2 0.00 -
Total 10.35 3,070
Amount of N Produced 2,496
Surplus or Deficit (574)
NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over
application of nutrient or other elements.
Page 3
See attached map showing the fields to be used for the utilization of waste water.
Field Soil Type
No.
Application of Waste by Irrigation
Crop Application Application
Rate (In/Hr) Amount (in.)
uncl
GoA
Bermuda
0.5
.5-1
unc2
Ra
Bermuda
0.4
.5-1
THIS TABLE I5 NOT NEEDED IF WASTE IS NOT BEING APPLIED BY IRRIGATION, HOWEVER A SIMILAR TABLE WILL
BE NEEDED FOR DRY LITTER OR SLURRY.
Your facility is designed for 180 days of temporary storage and the temporary storage must
be removed on the average of once every B MONTHS. In no instance should the volume of
waste being stored in your structure exceed Elevation *see lagoon design.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or Soil
and Water Conservation District office after you receive the waste analysis report for assistance in
determining the amount per acre to apply and the proper application rate prior to applying the
waste.
Narrative of operation:
Page 4
0.'
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application.
Any discharge of waste which reaches surface water is prohibited.
2 There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. if the producer
does not own adequate land to properly dispose of waste, he/she shall provide a copy of
an agreement with a landowner who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the facility to
secure an update of the Waste Utilization Plan when there is a change in the operation,
increase in the numbdr of animals, method of utilization, or available land.
3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields -based on soil type, available moisture, historical data,. climatic conditions, and level
of management, unless there are regulations that restrict the rate of application for other
nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste
may be applied to land that is eroding at 5 or more tons, but less than 10 tons per acre per
year providing grass filter strips are installed where runoff leaves the field. (See FOTG
Standard 393 - Filter Strip).
5 Odors can be reduced by injecting the waste or disking after waste application_ Waste
should not be applied when there is danger of drat from the irrigation field_
When animal waste is to be applied on acres subject to flooding, it will be soil incorporated
on conventionally tilled cropland. When applied to conservation tilled crops or grassland,
the waste may be broadcast provided the application does not occur during a season
prone to flooding. (See "Weather and Climate in North Carolina" for guidance_)
Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift
from the site during application. No ponding should occur in order to control odor or flies.
8 Animal waste shall not be applied to saturated soils, during rainfall events, or when the
surface is frozen.
Page 5
REQUIRED SPECIFICATIONS
(continued)
9 Animal waste shall be applied on actively growing crops in such a manner that the crop is
not covered with waste to a depth that would inhibit growth. The potential for salt damage
from animal waste should also be considered.
10 Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a
high potential for -leaching. Waste nutrient loading rates on these soils should be held to a
minimum and a suitable winter cover crop planted to take up released nutrients. Waste
shall not be applied more than 30 days prior to planting of the crop or forages breaking
dormancy.
11 Any new swine facility sited on or after October 1, 1995 shall comply with the following:
The outer perimeter of the land area onto which waste is applied from a lagoon that is a
component of a swine farm shall be at least 50 feet from any residential property boundary
and from any perennial stream or river (other than an irrigation ditch or canal. Animal
waste other than swine waste from facilities sited on or after October 1, 1995), shall not be
applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips).
12 Animal waste shall not be applied closer than 100 feet to wells_
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by
discharge or by over -spraying. Animal waste may be applied to prior converted wetlands
provided they have been approved as a land application site by a "technical specialist"_
Animal waste shall not be applied an grassed waterways that discharge directly into water
courses, and on other grassed waterways, waste shall be applied at agronomic rates in a
manner that courses no runoff or drift from the site.
16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall
not be discharged into the animal waste management system.
Page 6
REQUIRED SPECIFICATIONS
(continued)
17 A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). Areas shall be fenced as necessary to
protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc.,
are limited to areas where considered appropriate. Lagoon areas should be kept mowed
and accessible_ Berms and structures should be inspected regularly for evidence of
erosion, leakage or discharge.
18 If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan" which will eliminate the
possibility of an illegal discharge, pollution and erosion.
19 Waste handling structures, piping pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks and spills. A regular maintenance checklist should be
kept on site_
2D Animal waste can be used in a rotation that includes vegetables and other crops for direct
human consumption. However, if animal waste is used on crops for direct human
consumption it should only be applied pre -plant with no further applications animal waste
during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the
temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be
managed to maintain the liquid level between the markers. A marker will be required to
mark the maximum storage volume for waste storage ponds.
22 Waste shall be tested within SQ days of utilization and soil shall be tested at least annually
at crop sites where waste products are applied. Nitrogen shall be the rate -determining
element. Zinc and copper levels in the soil shall be monitored and alternative crop sites
shall be used when these metal approach excessive levels. pH shall be adjusted for
optimum crop production and maintained. Soil and waste analysis records shall be kept
for five years_ Poultry dry waste application records shall be maintained for three (3)
years. Waste application records for all other waste shall be maintained for five (5) years.
23
Dead animals will be disposed of in a manner that meets North Carolina regulations.
Page 7
LNASTE UTILIZATION PLAN AGREEMELIT
Name of Farm: JK Barnhill - Moore Farm
Owner / Manager Agreement
I (we) understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste utilization plan for the
farm named above. I (we) know that any expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a new
certification to be submitted to the Division of Environment Management (DEM) before the
new animals are stocked_ I (we) also understand that there must be no discharge of
animal waste from this system to surface waters of the state from a storm event less
severe than the 25-year, 24-hour storm. The approved plan will be filed on -site at the farm
office and at the office of the local Soil and Water Conservation District and will be
available for review by DEM upon request.
Name of Facility Owner: JK Barnhill, Jr.
(Please print)
Signature: Date: —11-15 -D a -
Name of Manager (If different from owner):
Signature: Date:
Name of Technical Specialist: (Please print) Kraig A. Westerbeek
Affiliation: Murphy Family Farms
Address (Agency): P.O. Box 759
Rose Hill. NC
Signature:
Raga A
q �FRQG
Michael F. Easley, Governor
William G. Ross Jr_, Secretary
0)
y
North Carolina Department of Environment and Natural Resources
j
r
Alan W. Klimek, P.E. Director
0
Division of Water Quality
August 13, 2003
James K. Barnhill, Jr.
745 Piney Woods Rd.
Burgaw, NC 28425
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Moore Farm
Facility # 71-98
Pender County
Dear James K. Barnhill, Jr.:
Thank you for your -recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Wilmington Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Wilmington Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: relephone: (919) 733-5083
1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity / Affirmative Action Employer
60% recycled 1 10% post -consumer paper
hftpllh2o.enr.state.nc.us
*A
MdENR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
Inadequate Freeboard
James K. Barnhill, Jr.
August 13, 2003
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Wilmington Regional Office at 910-395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
CC: Kraig Westerbeek, Murphy -Brown, LLC
Patrick Fussell, WiRO — DSWC
Jason Turner, Pender County Soil and Water Conservation District
Non -Discharge Compliance and Enforcement Unit
DWQ Central Files
Wilmington Files 71-98
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
James K. Barnhill Jr.
745 Piney Woods Rd.
Burgaw NC 28425
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Moore Farm
#71-98
Pender County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
On March 21, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on April 11, 1997. In addition to this Notice of Violation (NOV), this non-
compliance is subject to an appropriate enforcement action by DWQ. This action can consist of
one or more, of the following: a civil or criminal enforcement action; an injunction; and/or a
requirement to apply for coverage under an individual permit. The action chosen will be based
on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken
to restore the needed freeboard; and the actions being proposed to prevent the problem from
reoccurring. -
To assist us in our review, please provide the Wilmington Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
SA
iMDENR
Customer Service. Mailing Address: Telephone (919) 733-5083 Location:
1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/Affn-native Action Employer
50% recycled / 10% post -consumer paper.
ht1p✓/h2o. enrstate.nc. us
Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Wilmington Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Wilmington Regional Office Staff at
(910) 395-3900.
Sincerely,
Alan W. Klimek, P.E.
Director
cc: Wilmington Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files
`o�0F W A ��19
t7 r T-1V
[F1
F11D EC0 2002
u _.��
----------------------
James K. & Regina Barnhill
Kickup Nursery #1 and #2
745 Piney Woods Rd.
Burg
aw NC 28425
Attn. James Kenneth Barnhill
Dear James Kenneth Barnhill:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 13, 2002
Alan W. Klimek, P.E., Director
Division of Water Qualrty
Subject: Certificate of Coverage No. AWS710098
Kickup Nursery #1 and #2
Swine Waste Collection, Treatment,
Storage and Application System
Pender County
In accordance with your Notification of Change of Ownership request received on November 5, 2002,
we are forwarding this Certificate of Coverage (COC) issued to James K. & Regina Barnhill,
authorizing the operation of the subject animal waste collection, treatment, storage and land application
00 system in accordance with General Permit AWG100000. This approval shall consist of the operation of
this system -including, but limited to, management of animal waste from the Kickup Nursery #1
and #2, located in Pender County, with an animal capacity of no greater than 5200 Wean to Feeder and
the application to land as specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003 and shall hereby void COC
Number AWS710098 dated June 26, 1998. Pursuant to this COC, you are authorized and required to
operate the system in conformity with the conditions and limitations as specified in the General Permit,
the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate
system for collecting and maintaining the required monitoring data and operational information must be
established for this farm_ Any increase in waste production greater than the certified design capacity or
increase in number of stocked animals above the number authorized by this COC will require a
modification to the CAWMP and this COC and shall be completed prior. to actual increase in either
wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CA AIN P may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request
shall be made within 30 days of notification by the Division.
Non -Discharge Permitting Unit Internet httpJ/h2o.enr.nc.state.us/ndpu NMENR
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048
DENR Customer Service Center Telephone 1 800 623-7748
An Equal Opportunity Action Employer 50% recycled/100/6 post -consumer paper
This COC is not automatically transferable. A name/ownership change application must be submitted to
the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual non -discharge permit by contacting the engineer listed below for information on
this process. Unless such a request is made within 30 days, this COC shall be final and binding.
The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff
may be reached at (910) 395-3900. If you need additional information concerning this COC or the
General Permit, please contact Michelle Barnett (919) 733-5083 ext. 544.
Sincerely,
an W. Klimek, P.E.
cc: (Certificate of Coverage only for all cc's)
Pender County Health Department
Wilmington Regional 'Ofiice;'Water Quality Section;
Pender County Soil and Water Conservation District
Water Quality Central Files
NDPU Files
"V)�
F WA
�O TF RO Michael F_ Easley, Govemor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p -C Alan W.
Division of Water Qua ity
or
FgDEC'S2002 4 j
UDM, 10�j---------------
December 13, 2002
James K. & Regina Barnhill
Kickup Nursery #1 and #2
745 Piney Woods Rd.
Burgaw NC 28425
Attn: James Kenneth Barnhill
Subject: Certificate of Coverage No. AWS710098
Kickup Nursery #1 and #2
Swine Waste Collection, Treatment,
Storage and Application System
Pender County
Dear James Kenneth Barnhill:
In accordance with your Notification of Change of Ownership request received on November 5, 2002,
we are forwarding this Certificate of Coverage (COC) issued to James K. & Regina Barnhill,
authorizing the operation of the subject animal waste collection, treatment, storage and land application
system in accordance with General Permit AWG100000_ This approval shall consist of the operation of
this system including, but not limited to, the management of animal -waste from -the Kickup Nursery #1
and #2, located in Pender County, with an animal capacity of no greater than 5200 Wean to Feeder and
the application to land as specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003 and shall hereby void COC
Number AWS710098 dated June 26, 1998. Pursuant to this COC, you are authorized and required to
operate the system in conformity with the conditions and Iimitations as specified in the General Permit,
the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate
system for collecting and maintaining the required monitoring data and operational information must be
established for this farm. Any increase in waste production greater than the certified design capacity or
increase in number of stocked animals above the number authorized by this COC will require a
modification to the CAWMP and this COC and shall be completed prior to actual increase in either
wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A throuch 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal: This request
shall be made within 30 days- of notification by the Division -
Non -Discharge Permitting Unit Internet http://h2o.enr.nc_state.us/ndpu N�.DENR
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048
DENR Customer Service Center Telephone 1 800 623-7748
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper
This COC is not automatically transferable. A name/ownership change application must be submitted to
the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual non -discharge permit by contacting the engineer listed below for information on
this process. Unless such a request is made within 30 days, this COC shall be final and binding.
The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality Staff
may be reached at (910) 395-3900. If you need additional information concerning this COC or the
General Permit, please contact Michelle Barnett (919) 733-5083 ext. 544.
Sincerelv.
cc: (Certificate of Coverage only for all cc's)
Pender County Health Department
Wilmington-Regional-Offce, Water:Quality-Sectiony
Pender County Soil and Water Conservation District
Water Quality Central Files
NDPU Files
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State of North Carolina'T 0Department of Environment `11kT1•
wA
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
John W. & Virginia H. Moore
Kickup Nursery#1 and #2
4884 Slocum Trail
Atkinson NC 28421
Dear John W_ & Virginia H. Moore:
50W
i 1
JAN 0 3 2000 CDENR
B i NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRGEs
December 30, 1999
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 71-98
Pender County
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRYS, SLUR1, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at (919) 733-5083 ext. 571.
Sincerely,
Kerr T. Stevens, Director
Division of Water Quality
cc: Wilmington Regional Office
Pender County Soil and Water Conservation District .
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-3083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycie&10% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary -
Kerr T: Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John W. & Virginia H. Moore
Kickup Nursery #1 and #2
4884 Slocum Trail
Atkinson NC 28421
Dear John W. & Virginia H. Moore:
- 3 03 2000
""41
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 24, 2000
Subject: Conditional Approval
Animal Waste Management System
Facility Number 71-98
Pender County
Our records indicate that your facility was conditionally certified in order to fulfill the requirements
of completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you
of your unresolved conditional approval status. Any facility receiving a conditional approval must notify
Division of Water Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the
conditional certification has been completed. Any failure to notify DWQ as required, subjects the owner to
an enforcement action. As of December 6, 1999, we have no record of any information from you, advising
us of the status of your conditional approval. Therefore, please fill out the attached form and have your
technical specialist and landowner sign the form in the appropriate areas.
The completed form must be submitted to this office on or before 45 days of receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability
for failure to provide DWQ with proper notification of your conditional certification status or possible failure
to comply with the requirement to develop and implement a certified animal waste management plan by
December 31, 1997.
If you have any questions regarding this letter, please do not hesitate to contact me at (919) 733-5083
extension 571.
Sincerely,
Sonya L. Avant
Environmental Engineer
cc: Wilmington Regional Office
Pender County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 26, 1998
John W. & Virginia H. Moore
Kickup Nursery # 1 and #2
4884 Slocum Trail
Atkinson NC 28421
I T 1 0WA •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL-REsouRCEs
Subject: Reissuance of Certificate of Coverage
No.AWS710098
Kickup Nursery #1 and #2
Swine Waste Collection, Treatment, Storage and
Application System
Pender County
Dear John W. & Virginia H. Moore:
The Division of Water Quality modified the Swine Waste Operation General Permit originally issued to
this facility on April 11, 1997. In accordance with the issuance of the revised General Permit, we are
forwarding this Certificate of Coverage (COC) to John W. & Virginia H. Moore, authorizing the
operation of the subject animal waste collection, treatment, storage and land application system in
accordance with General Permit AWG100000. This approval shall consist of the operation of this
system including, but not limited to, the management of animal waste from the Kickup Nursery #1 and
#2, located in Pender County, with an animal capacity of no greater than 5200 Wean to Feeder and the
application to land as specified in the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 2003, and shall hereby void
COC No AWS710098 dated April 11, 1997. The COC shall hereby incorporate by reference any
specific conditions of the previous COC issued to this facility. The purpose of this COC is to allow
coverage under the revised General Permit. Please review the revised General Permit (enclosed) and pay
particular attention to Condition II.10 regarding tree removal from lagoon embankments, Condition III.1
regarding inspection frequency of the waste treatment, storage and collection system and Condition I1I.6
regarding notification requirements for system failures, spills and emergencies. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations
as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the
General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance
with NCGS 143-215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive
relief.
P.O. Box 29535, Raleigh, North Carolina 27626-0536 Telephone 919-733-7015 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Certificate of Coverage AWS710098
Kickup Nursery # 1 and #2
Page 2 .
Upon notification by the' Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Wilmington Regional Office. The Regional Office Water
Quality Staff may be reached at (910) 395-3900. If you need additional information concerning this
COC or the General Permit, please contact Sue Homewood at (919) 733-5083 ext. 502.
Sincerely,
for A. Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Pender County Health Department
Wilmington Regional Office, Water Quality Section
Pender County Soil and Water Conservation District
Permit File
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 17, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John W. & Virginia H. Moore
PO Box 472
Atkinson NC 2842I
Subject: Kickup Nursery#I and #2
COC No. AWS710098
Pender County
Dear John W. & Virginia H. Moore:
The subject facility was issued a Certificate of Coverage (COC) on 4/11/97 authorizing the
operation of the animal waste collection, treatment, storage, and land application system 'in accordance
with General Permit No. AWG 100000. On Aug. 27, 1997 Governor Hunt signed into law the Clean
Water Responsibility Act. The Clean Water Responsibility Act included several changes to- the -Swine;
Farm Siting Act (Siting Act) including the requirement that all set back distances be met for. -any swine
lagoon or swine house for which construction commences on or after the effective date .of the Clean. Water
Responsibility Act (Aug. 27, 1997). Before the Siting Act was amended; it required the set back distances::.:
be met at the time the swine house or lagoon was sited. The change in siting requirements may -apply -to
your farm since construction may not have commenced by the effective date of the Clean Water -
Responsibility Act.
Your farm was permitted prior to the effective date of the Clean. Water Responsibility Act;.
therefore, you meet one of the exceptions to the moratorium. However, the farm must be re-evaluated
and, if necessary, re -designed to meet the new requirements of the Siting Act to remain covered under the
General Permit. Within 15 days of the date of this letter, you are requested to submit, notification to the
Division of Water Quality whether the farm was under construction on or before Aug. 27, 1997.
If the farm was not under construction on or before Aug. 27, 1997, then a revised Certified Animal
Waste Management Plan must be submitted to reflect the new siting requirements- Construction not in
compliance with the Siting Act is a violation of State Statutes and the General Permit.
If you have any questions or comments concerning this matter, please c'ontact me at .(919) 733-
5083 extension 540.
Sincere y .
Kim H. Colson, P.E., Supervisor
Non -discharge Perrriitting Unit
cc: Wilmington Regional Office, Water Quality Section.
Permit File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5063 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
6
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
John W. Moore
Kickup Nursery # I and #2
PO Box 472
Atkinson NC 28421
Dear John W. Moore:
RECEIVED
APR 16 1997 �
BY: � �
C)EHNF1
April 11, 1997
Subject: Certificate of Coverage No. AWS710098
Kickup Nursery #1 and #2
Swine Waste Collection, Treatment, Storage
and Application System
Pender County
In accordance with your application received on March 31, 1997, we are forwarding this
Certificate of Coverage (COC) to Farm No. 71-98, authorizing the operation of an animal waste
collection, treatment, storage and land application system in accordance with the State's General Permit
(attached). This approval shall consist of the operation of this system including, but not limited to, the
management of animal waste from the Kickup Nursery #1 and #2 Farm with an animal capacity of no
greater than 5200 Wean to Feeder and the application to 8.9 acres of land in Pender County with no
discharge of wastes to the surface waters.
The COC shall be effective from the date of issuance until December 31, 2001 _ Pursuant to this
COC, you are authorized and required to operate the system in conformity with the conditions and
limitations as specified in the General Permit, the facility's Certified Animal Waste Management Plan
(CAWMPJ, and this COC. An adequate system for collecting and maintaining the required monitoring
data and operational information must be established for this farm. Any increase in waste production
greater than the certified design capacity or increase in number of stocked animals above the number
authorized by this COC will require a modification to the CAWMP and this COC and shall be completed
prior to actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the General
Permit or the CAMW may result in the revocation of this COC.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
This COC is not automatically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
P.O. Box 29535, Raleigh, Forth Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
The subject farm is located in the Wilmington Regional Office. The Regional Office Water Quality
Staff may be reached at (910) 395-3900. If you need additional information concerning this COC or the
General Permit, please contact Mike Lewandowski at (919) 733-5083 ext. 362.
Sincerely,
�A- Preston Howard, Jr., P.E.
cc: (Certificate of Coverage only for all cc's)
Pender County Health Department
Wilmington Regional Office, Water Quality Section
Pender County Soil and Water Conservation District
Facilities Assessment Unit
Central Files
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John W.-& Virginia H. Moore
4884 Slocum Trail
Atkinson NC 28421
Dear John W. & Virginia H. Moore:
r4
C)EHNR.
December 8, 1997
5 1997
Subject: Notice of Violation and Revocation for Nonpayment
Kickup Nursery #1 and #2
Permit Number: AWS710098
Pender County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an
animal waste management system permit will be charged in each year of the term an annual permit fee. Annual
permit tees are billed following the issuance of the permit and then annually thereafter on the anniversary of that
date. Your animal waste management system permit was issued on 4/11/97.
Your annual permit fee for the period of 4111197 - 4/10198 is $100.00. Your payment was due
11/13/97. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to
revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required
Annual Animal Waste Management System Permit fee for your animal operation is received within that time.
Operation of an animal waste management system without a valid permit is a violation of North Carolina General
Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment
should be sent to:
N.C. Department of Environment Health and Natural Resources
Division of Water Quality
Budget Office
P.O. Box 29535
Raleigh, North Carolina 27626-0535
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
Sincerely,
A. Preston Howard, �Jr., P.E�,
cc: Supervisor, Non -Discharge Permitting Unit
Wilmington Regional Office
Pender County Health Department
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 500% recycled / 109% post -consumer paper
State of North Carolina::
Department of EnvironrnLSi t�°-_A==;i vit
and Natural Resources 1 pEC .31 1997
Division of Water. Quality
.lames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Steve.W. Tedder, Chairman
John W. & Virginia H. Moore
Kickup Nursery # l and #2
4884 Slocum Trail
Atkinson NC 28421
Dear Mr.and Ms. Moore:
[D E N R
Subject: Classification of Animal Waste Management Systems
Facility: Kickup Nursery#1 and #2
Facility ID #: 71-98
County: Pender -
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge (OIC) by January 1, 1997, for each
animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more
horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management
system. Our records indicate that your facility is registered with the Division of Water Quality and meets
the requirements for designating an OIC.
A training and certification program is available for animal waste management system operators. For
information on the training programs please contact your local Cooperative Extension Agent. Operator
certifications are issued by the Water Pollution Control Systems Operators Certification Commission
(WPCSOCC). For information on the certification process, please contact the Technical Assistance and
Certification Unit at (919) 733-0026. The type of training andcertification-required for.the operator -of each -
system is based on the nature of the .wastes. to be treated and the treatment process(es) primarily used to treat
the animal waste. There are two types of animal waste management systems,. type A and type B. Type A
animal waste management systems are generally used to treat waste generated by monogastric animals
which produce a low -fiber waste. Type B animal waste management systems are generally used to treat
waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and
certification an operator receives should correspond with the type of system(s) they intend to operate. For
more information on the classification of your system please contact the Technical Assistance and
Certification Unit
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not
intend to operate your animal waste management system yourself, you must designate an employee or
engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge,
whether yourself or another person, must possess a currently valid certificate of the appropriate type.
Sinceerely,
)"t
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cd/AW OIC Designation
Enclosure
cc: Wilmington Regional Office
Water Quality Files --_
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-0026 Fax 919-733-1338
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolina
Department of Environs
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Steve W. Tedder, Chairman
John W_ & Virginia H. Moore
Kickup Nursery #1 and #2
4884 Slocum Trail
Atkinson NC 28421
Dear Mr.and Ms. Moore:
IT
DEC 31 �97 /�
11
I D E N R
Subject: Classification of Animal Waste Management Systems
Facility: Kickup Nursery #1 and #2
Facility ID #: 71-98
County: Pender
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge (OIC) by January 1, 1997, for each
animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more
horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management
system. Our records indicate that your facility is registered with the Division of Water Quality and meets
the requirements for designating an OIC.
A training and certification program is available for animal waste management system operators. For
information on the training programs please contact your local Cooperative Extension Agent. Operator
certifications are issued by the Water Pollution Control Systems Operators Certification Commission
(WPCSOCC). For information on the certification process, please contact the Technical Assistance and
Certification Unit at (919) 733-0026. The type of training and certification required for the operator of each _
system is based on the nature of the wastes.to be treated and the treatment process(es) primarily used to treat
the animal waste. There are two types of animal waste management systems, type A and type B. Type A
animal waste management systems are generally used to treat waste generated by mouogastric animals
which produce a low -fiber waste. Type B animal waste management systems are generally used to treat
waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and
certification an operator receives should correspond with the type of system(s) they intend to operate. For
more information on the classification of your system please contact the Technical Assistance and
Certification Unit.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not
intend to operate your animal waste management system yourself, you must designate an employee or
engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge,
whether yourself or another person, must possess a currently valid certificate of the appropriate type.
Sincerely,
-#.
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cd/AW OIC Designation
Enclosure
cc: Wilmington Regional Office
Water Quality Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-0026 Fax 919-733-1338
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper