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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 s r, U i+ 71 A f� r1 '; is 0: O Ifl q r.1 ail r' 'n"I 0to ram+ rj',% 0 ro 0 D G O to r:i r �i' F) v, ;.1 ll .- O t. 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O li n ro rI a ► Fi U, to x �j .x ca [' p � �_ tA r1 �.nNaly['v ra x�4 0 r "go a ' h H go x it V g a C 0 0 0 1J '%j C..) rye {` v. .� r[ p [� ft 'U F� [►r lii. f1 U 1). ,��,, re x 1J O O a IIa..-.. ti t, (I rj GIU, f,� s a Ei' CE a t n x �, Ll y go P. n 11 to 0' 7 x to `^ cc is ri p y, , 1� r 'll �•7 V�y�rM 5 I k n go In IM r) ;] 17' ,t 'rJ , ' Ij I1 v' 'U 'i7 f, x rl� I rl 6 1 x H ft o txfig r. a ; V. o �' �1 .x ' , �• n O [r�^J7j ,Nea�'�io x I' `rF., i '. ii to U it k . !'i..':� it [, re .11 to +► 1[' pT; „ v,: rt U• { 'fY x. tJ' It ,9 tf� f] lV 1• 1l'i ; fLn 1� ';J4 V, It 11 r O ,' [pl '�, ,L r. ,' it is (� [u It ` 1 O x ;D I 13, +r, ,r f� D ro v N i 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