310048_Permit (Issuance)_20170119

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Water, ottrces "
Environmental Quality'
January 19, 2017
R. Greg Brown
Stockinghead Creek Farms, LLC
1042 Stockinghead Rd
Rose Hill, NC 28458
ROY COOPER
Governor
MICHAEL S. REGAN -
Secretary
S. JAY ZIM1MERMAN
Director
Subject: 'Permit No.6M1-0"02
Stockinghead Creek Farms, LLC
Swine Waste Collection, Treatment,'Storage
and Application System
Duplin County
Dear Mr. Brown:
In accordance with your permit application received August.9, 2016 and subsequent additional
information received on October 21, 2016, we are forwarding herewith Permit No. AW1310048, issued to
R. Greg Brown, II, authorizing the construction and operation of an anaerobic digestion animal waste
treatment system to produce renewable energy (Waste -to -Energy System) for Stockinghead Creek Farms,
LLC located in Duplin County.
When fully implemented, the Waste-to=Energy System shall serve' as the treatment system for the entire
animal waste stream for the facility with an animal capacity of no greater than 34,382 Swine Wean to
Finish. All waste application to land shall be as specified in the facility's Certified Animal Waste
Management Plan (CAWMP): Any increase in flow or increase in stocked animals above the listed
values in this Permit will require a modification to this Permit and shall be completed prior to actual.
increase in either flow or number of animals.
Please be advised that any permits for the flares at this facility will be issued separately by the Division of
Air Quality, This Permit is for the Waste -to -Energy System on the Stockinghead Creek Farms, LLC only
and does not cover the Gas Upgrading System and Pipe Line Intersection.
This permit shall be effective from the date of issuance until December 31, 2021, and shall rescind
General Permit and Certificate of Coverage Number AWS310048 dated October 1, 2014. You are
authorized and required to operate the system'in- conformity with the conditions and limitations as
specified in this Permit,'and the facility's CAWMP. Please pay particular attention to the record keening
and monitoring reguirements in this permit. Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems.,
;You are subject to the conditions of this Permit until the closure of all waste treatment and- storage
_structures and the rescission of this Permit: You must submit a letter to -the Division of Water Resources
(Division) to request rescission of the Permit by providing documentation of closure of all treatment and
containment structures.
n -��`Notliing Comaart's'<-,�..
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Permit No. AW1310048
January 19, 2017
If any parts,requirements, or limitations contained in this permit are unacceptable you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina_ General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. This permit shall'be final and binding unless such demands are made.
If your Waste Utilization Plan, (WUP) has been- developed based on site -specific information, careful
evaluation of future samples is necessary. ,Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this Permit does not excuse the Permittee from the obygatiori to comply with all
applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights
in either real or personal property.
Per 15A NCAC 2T. 0111(c), a compliance boundary is provided for the facility and no new water supply
wells shall'be constructed within the compliance boundary. Per' Natural Resources Conservation Service
standards, a 100-ft separation shall be maintained between water supply wells and any lagoon, storage
pond, digester, or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this Permit may result in
revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the
Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an
application for renewal must be filed at least 180 days prior to expiration.
This Permit is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
This facility is located -in a county covered by our Wilmington Regional Office. The Regional Office
Water Quality Regional Operations Section (WQROS) Staff may be reached at [phone]. If you
need additional information concerning this matter, please contact the Animal Feeding Operations Branch
staff at [phone].
Sincerely,
for S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: Wilmington Regional Office, Water Quality Regional Operations Section
Duplin County Health Department
Duplin County Soil and Water Conservation District
Smithfield Hog Production
William G. "Gus" Simmons, Jr., P.E., Cavanaugh Solutions
WQROS Central Files (Permit No. AWS310048)
`a

PermitNo. AW1310048
January 19, 2017
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL SWINE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Stockinghead Creek Farms, LLC
Duplin County.
FOR THE
construction and operation of an anaerobic digestion animal waste treatment system to produce renewable
energy (Waste -to -Energy System) consisting of a 6,530;399 gallon clay lined anaerobic digester with a 60
mil HDPE synthetic cover, a 2,834,092 gallon clay lined anaerobic digester with a 60 mil HDPE synthetic
cover, five existing earthen lined lagoons, two -lift stations, two digester mixing pump stations, two biogas
drying units, and all necessary pipes, ,pumps, and appurtenances, to serve the 34,382 Wean to Finish swine
at Stockinghead- Creek Farms, LLC with no discharge of wastes to the surface waters, in conformity with
the project plan, specifications, and other supporting data subsequently fled and approved by the
Department of Environmental Quality (Department) and considered a part of this Permit.
All existing lagoon structures shall be properly operated and maintained through out the construction and
operation of the additional components of the Waste -to -Energy System. During construction of the Waste -
to -Energy System, the existing animal waste management system may continue to operate subject to the
conditions of this Permit.
Please be advised that any permits for the flares at this facility -will be issued separately by the Division of
Air Quality. This Permit is -for the Waste -to -Energy System on the Stockinghead Creek Farms, LLC only
and does not cover the Gas Upgrading System and Pipe Line Intersection.
This permit shall be effective from the date of issuance until December 31, 2021, and shall be subject to
the following specified conditions and limitations:
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Permit No. AW1310048
January 19, 2017
I, PERFORMANCE STANDARDS
1. Any discharge of waste that reaches surface waters or wetlands is prohibited except as
otherwise provided in this permit and associated statutory and regulatory provisions. Waste
shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct
application, direct discharge or through ditches; terraces, or grassed waterways not,
otherwise classified as state waters.
The waste collection, treatment, storage and application system operated under this Permit
shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of pollutants to surface waters or wetlands. Application of waste to terraces and
grassed waterways is acceptable as long as it is applied in accordance with Natural
Resources Conservation Service (NRCS) Standards and does not result in a discharge of
waste to surface waters or wetlands.
Facilities must be.desigded, constructed, operated, and maintained to contain all waste plus
runoff from a 25 year, 24-hour rainfall event for the location of the facility. If the Permittee
is in compliance with this Permit and the facility's Certified Animal Waste Management
Plan (CAWN p), and unintentionally, discharges, as a result of -a storm event greater than
the 25-year, 24-hour storm, the Facility willnot be considered'to be in violation of this
Permit.
Any discharge or application of waste to a ditch that drains to surface waters or wetlands
is prohibited except as follows: - (a) discharges from the ditches are controlled by best
management practices (BMPs) designed in accordance with' NRCS standards; (b) the
BMPs have been submitted to and approved by the Division of Water Resources
(Division); (c) the BMPs were implemented as designed to prevent a discharge to surface
waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery;
and (e) the event was documented and reported in accordance with this Permit. Nothing
in this exception shall excuse a discharge to surface waters or wetlands except as may result
because of rainfall from a storm event more severe than the 25-year, 24-hour storm.
2. This Permit does not allow the Permittee to cause a violation of any of the water quality
standards established pursuant to Title 15A, Subchapter 2B of the North Carolina
Administrative Code and Title -15A, Subchapter 2L'of the North Carolina Administrative
Code.
3. The facility's CAWMP, BMPs, and Operation and Maintenance Plan are hereby
incorporated by reference into this Permit. The above referenced plans must be consistent
with all applicable laws, roles, Ordinances, and standards (federal, state and local) in effect
at the time of siting, design and certification of the facility.
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Permit No. AW1310048
January 19, 2017
The Permittee must assess and record, on an ongoing basis, the effectiveness of the
implementation of the CAWMP. The Permittee must make "major changes," "revisions,"
or "amendments" to the CAWMP, as -defined in Section VIU, "Definitions," of this Permit,
in order to address any changes needed to maintain. compliance this Permit. "Major
changes," "revisions," and "amendments" to the CAWMP must be documented, dated, and
included as part of the CAWMP. "Major changes" to the CAWMP must be submitted to
and approved by the Division prior to implementation. "Revisions" toithe CAWMP shall
be submitted to the appropriate Division Regional Office within thirty (30) calendar days
of the "revision". "Amendments" are not required to be submitted to the Division Regional
Office unless specifically requested by the Division. If field, riser or pull numbers are
Office
an explanation shall also be submitted and include a description of how the new
numbers relate to the old numbers.
Any violation of the CAWMP, the Best Management Plan, or. the Operation and
Maintenance Plan, shall be considered a violation of this Permit and subject to enforcement
actions. A violation of this Permit may result in the Permittee having to take immediate or
long-term corrective action(s) as required by the Division. These actions may include but
are, -not limited to: modifying the CAWMP; ceasing land application of waste; removing
animals from the facility; or the Permit being reopened and modified, revoked and reissued,
and/or terminated.
4. Any proposed. increase or modification to the annual average design capacity from that
authorized by the Permit will require a modification to the CAWMP and the Permit prior
to modification of the facility. All new and expanding operations must demonstrate that
waste management system will satisfy the requirements of G.S. §143-215.10.I. No
^' collection, treatment or storage facilities may be constructed in a 100-year flood plain.
Facilities located in watersheds sensitive to nutrient enrichment may be notified by the
Division to conduct an evaluation of the facility and its CAWMP to determine the facility's
ability to comply with the NRCS nutrient management standard as it • relates to
phosphorous. This evaluation will not -be required until such time as the permittee is
notified by the Division. The evaluation must be documented on forms supplied by or
approved by the Division and must be submitted to the Division. This evaluation -must be
completed by existing facilities within twelve (12) months of receiving notification from
the Division.
For facilities located in watersheds sensitive to nutrient enrichment, all fields with a
"HIGH" phosphorous -loss assessment rating shall have land application rates that do not
exceed the established crop removal rate for phosphorous. There shall be no waste
application on fields with a "VERY HIGH" phosphorous loss assessment rating.
6. A copy of this Permit, the CAWMP, approved design documents, as -built specifications,
operation and maintenance plan, and all certification forms shall be readily available at the
Facility (stored at places such as the farm residence, office, outbuildings, etc.) where
animal waste management activities are being conducted for the life of this Permit. These
documents shall be kept in good condition and records shall be maintained in an orderly
fashion.
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Permit No. AW1310048
January 19, 2017
Upon completion of construction and prior to operation of the new Waste -to -Energy
System, as -built plans and specifications and the certification, signed and sealed .by a
Professional Engineer, must be submitted certifying that the permitted Facility has been
installed in accordance with this Permit, and best engineering practices. Mail the attached
Engineer's Certification form to the Animal Feeding Operations Unit, 1636 Mail Service
Center, Raleigh, NC 27699-1636.
8. The Wilmington Regional Offiee, telephone [phone], shall be notified at least forty-
eight (48) hours in advance of operation of the installed Waste -to -Energy System so that
an in -place inspection can'be made. Such notification to the Regional Supervisor shall be
made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through
Friday, excluding State, Holidays.
9. The Waste -to -Energy System including the spray irrigation system shall be effectively
maintained and operated at all times so that there is no discharge to surface waters or any
contamination of ground waters, which will render them unsatisfactory for normal use. In
the event that the Waste -to -Energy System fails to perform satisfactorily, including the
creation of nuisance conditions or failure of the irrigation area to adequately assimilate the
wastewater, the Permittee'shall take immediate corrective actions including those actions
that may be required by the Division.
10. Animal waste shall not be applied within 100 feet of -any well with the exception of
monitoring wells. The allowable distance to monitoring wells shall be established on a
case -by -case basis by the Division.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1
1. The collection, treatment, and storage facilities, and land application equipment and fields
shall.be maintained at all tines and properly operated.
2. A vegetative cover shall be maintained as specified in the facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be applied
upon areas not included in the CAWMP or upon areas where the crop is insufficient for
nutrient utilization. However, if the CAWMP allows, then waste may be applied up to
thirty (30) days prior to planting or breaking dormancy.
3. Soil pH on all land application fields must�be maintained in the optimum range for crop
production.
4. Land application rates shall -be in accordance with the CAWMP. In no case shall land
application rates exceed the agronomic rate of the nutrient of concern for the receiving
crop.
5. In no case shall land application rates result in excessive ponding or any runoff during any
given application event.
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Permit No. AW1310048
January,19, 2017
6. Animal waste shall not be directly applied onto crops for direct human consumption that
do not undergo further processing (e.g., strawberries, melons, lettuce, cabbage, apples, etc.)
at any time -during the growing season, -or in the case of fruit bearing trees, following
breaking dormancy. Application of animal wastes shall not occur within thirty (30) days
of the harvesting of fiber and food crops for direct human consumption that undergoes
further processing.
7. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land, or prior to the
next rainfall event, whichever occurs first.* This requirement does not apply to no -till fields,
pastures, or fields where crops are actively, growing.
8. No material other than animal wastes of the type generated on this facility. shall be disposed
of in the animal waste collection, treatment, storage, or application systems. This includes
but is not limited to pesticides, toxic chemicals and petroleum products.
The biogas condensate -generated by the biogas dryers may be returned to the digester as it
is serves to recycle moisture from the existing waste stream. No products or additives may
be introduced to the condensate material that is returned to the digester. The condensate
collection system must be designed to prevent the introduction of precipitation, runoff, or
any chemicals or wastes.
9. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste collection, treatment; and storage and application system.
Washdown of stock trailers owned by and used to transport animals to and from this
�• Facility only will be permissible as long as the system can accommodate the additional
volume. Only those cleaning agents and soaps that are EPA approved according to their
label, will not harm the cover crop, and will not contravene the groundwater standards
listed in 15A NCAC 2L may be utilized in facilities covered by this Permit. Instruction
labels are to be followed when using cleaning.agents and soaps.
10. Disposal of dead animals resulting from normal mortality rates associated with the facility
shall be done in accordance with the facility's CAWMP and the North Carolina Department
of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's Statutes and
regulations.
Disposal of dead animals whose numbers exceed normal mortality rates associated with
the facility shall also be done in accordance with, the facility's CAWMP and NCDA&CS
Veterinary Division's Statutes, and regulations provided that:-1) burial of such animals shall
be done in consultation with the State- Veterinarian of the NCDA&CS Veterinary
Division's Statutes and in compliance with NCDA&CS regulations; 2) all such burial sites
must be mapped, and the dates and numbers of the animals buried by species'and type must
be recorded; and 3) the map is submitted to the appropriate Regional Office Aquifer
Protection Section within fifteen (15) calendar days of burial.
In the event of a state of emergency declared by the Governor, disposal of dead animals
shall be done in accordance with requirements and guidelines dictated by the State
Veterinarian according G.S. §106-402.1. The Division may require groundwater
monitoring when there is massive burial of animals. All burial sites of such animals must
be mapped, and the dates and numbers of the animals buried by species and type must be
recorded.
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Permit No. AW1310048
January 19, 2017
11. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the animal waste system,
including but not limited to lagoons, storage ponds, sludge .treatment or containment areas,
and/or open storage structures to prevent any unnecessary addition to the liquid volume in
the structures.
12. A protective vegetative cover shall be established and maintained on all earthen basin
embankments (outside toe of embankment. to maximum pumping elevation), berms, pipe
runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody
vegetation shall not be allowed to grow on the earthen basin dikes or embankments.
Earthen basin embankment areas shall be kept mowed or, otherwise controlled -and
accessible.
13. At the time of sludge removal from either the digesters or the lagoons, the sludge must be
managed in accordance with the CAWMP. When removal of sludge from the .treatment units
is necessary, provisions must be taken to prevent damage to any dikes and liners.
i
14. All treatment units shall be kept free of foreign- debris including, but not limited to, tires,
bottles, light bulbs, gloves, syringes or any other solid waste.
15. The facility must have 'at least one of the following items at all times: (a) adequate animal
waste application and handling equipment, (b), a lease, or other written agreement, for the
use of the necessary equipment, or (c) a contract with a third party applicator capable of
providing adequate waste application.
16. The Permittee shall designate a certified animal waste management system operator with
a valid certification to be in charge of the animal waste management system. The waste
management system shall be operated by the Operator in Charge (OIC) or a person under
the OIC's supervision.
17. In accordance with 15A NCAC 8F .0203(b)(2), the OIC or a designated back-up OIC of a
Type A Animal Waste Management System shall inspect, or a person under the supervision
of an OIC or designated back-up OIC shall inspect, the land application site as often as
necessary to insure that the animal waste is land applied in accordance with the CAWMP.
In no case shall the time between inspections be more than 120 minutes during 'the
application of waste. A record of each inspection shall be recorded on forms supplied by,
or approved by, the Division and shall include the date, time, sprayfield number and name
of the operator for each inspection. Inspection shall include but not be limited, to visual
observation of application equipment, spray fields, subsurface drain outlets, ditches, and
drainage ways for any discharge of waste.
18. The Director may require any permittee to install and operate flow meters with flow
totalizers based on the facility's violations and/or incomplete' or incorrect record keeping
events. i
19. No waste shall be applied in wind conditions that might reasonably be expected -to cause
the mist to\reach surface "waters or wetlands or cross property lines or field boundaries.
20. The Permittee shall maintain buffer strips or other equivalent'practices as specified in the
facility's CAWMP near feedlots, manure storage areas and land application areas.
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Permit No. AW1310048
January 19, 2017
21. Waste shall not be applied on land that is flooded, saturated with water, frozen or snow
covered at the time of land application.
22. Land application of waste is prohibited during precipitation events., The Permittee shall
consider pending weather conditions in making the decision to land apply waste and shall
document the weather conditions at the time "of land application, on forms supplied by or
approved by the Division.
Land application of waste shall cease within four (4) hours of the time that the National
Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch
associated with a tropical system including a hurricane, tropical storm, or tropical
depression for the county in which the permitted facility is located. Watches and warnings
for Duplin County are posted on the National Weather Service's website located at:
www.erh.iioaa.gov/er/ mhx/. Watch arid -warning information can also be obtained by
calling the Newport/Morehead City, NC National Weather Service Office that serves
Duplin County at [phone].
The Director may require any permittee to install, operate and maintain devices on all
irrigation pumps/equipment designed to automatically stop irrigation activities during
precipitation. This decision will be based on the facility's compliance history for irrigation
events.
23. If liquid effluent samples show that additional land will be necessary for application of
nitrogen at agronomic rates, the Permittee will take immediate action. This action may
include, but may not be limited to, one of the following: a) preparing additional land at
the site fbt land application wastewater or solids; b) acquiring leased land agreements for
land application of wastewater or solids, or c) decrease the animal population to that
which creates a balance between nutrients produced and utilization on the existing land
application and crops, or d) any other method approved by the Division.
24. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil
Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater than
3,000 (213 pounds per acre).
25. All waste application equipment must be tested and calibrated at least once every two years.
The results must be documented on forms provided by, or approved by, the Division.
26. Any major structural repairs to tanks or lagoons/storage ponds must have written
documentation from an engineer or technical specialist certifying proper design and
installation. However, if a piece of equipment is being replaced with a piece of equipment
of the identical specifications, no technical specialist approval is necessary [i.e. piping,
reels, valves, pumps (if the gallons per minute (gpm) capacity is not being increased or
decreased), etc.]- unless the replacement involves disturbing the lagoon/storage pond
embankment or liner.
27. Crops for which animal waste is land applied 'must be removed from the land application
site and properly managed and utilized unless other management practices are approved in
the CAWMP.
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Permit No. AW1310048
January 19, 2017
28. The WUP shall be modified as needed based on performance of the innovative facility. If
performance is not as predicted, immediate measures such as those listed in Condition II.23
above will be taken.
29. In the case of interruption or failure of Waste -to -Energy System, the Permittee shall follow
the Emergency Action Plan (EAP) as submitted.
III. MONITORING AND REPORTING REQUIREMENTS
An inspection of the Waste -to -Energy System including the waste collection, treatment,
and storage structures, and runoff control measures shall be conducted and documented at
a frequency to in proper operation but at least monthly and after all storm events of
greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other
structures, should be inspected for evidence of erosion, leakage, damage by animals or
discharge. Inspection shall also include visual observation of subsurface drain outlets,
ditches, and drainage ways for any discharge of waste.
The Permittee shall keep an inspection log or summary including at least the date -and time
of inspection, observations made, and any maintenance, repairs, or corrective actions taken
by the Permittee. This log of inspections shall be maintained by the Permittee for a period
of five years from the date of the inspection and shall be made available upon request to
the Division or other permitting authority.
2. The Permittee or their designee shall keep a log of all operational changes made to the
Waste -to -Energy System including at least the process parameter that was changed, the
date and time of the change, the reason for the change; and all observations made both at
the time of the change and subsequently as a result of the change.
3. A representative Standard Soil Fertility Analysis shall be conducted at least once every
three years on each application site receiving animal waste. The results of these tests shall
be maintained on file by the Permittee for a minimum of three (3) years and shall be made
available to the Division upon request.
4. All records, including operation, -maintenance, repair, and irrigation records, shall be
maintained on site and in chronological and legible form for a minimum of three years by
the Permittee. These records shall be maintained on forms provided by the Division and
shall be readily available for inspection.
5. Monitoring and Recording Freeboard Levels:
a. Highly visible waste -level gauges shall be maintained to mark the level of waste
in each storage pond that does not gravity feed through a free flowing transfer pipe
into a subsequent structure. The gauge shall have readily visible permanent
markings.
The waste level in each structure with a waste level gauge shall be monitored and
recorded weekly on forms supplied by or approved by the Division.
10

i
Permit No. AW1310048
January 19, 2017
The Director may require more frequent monitoring and recording of waste levels
based on the facility's compliance history for freeboard violations.
b. Freeboard.violations in -any two consecutive- years following the issuance of this
Permit, or as determined necessary by the Director, shall monitor and record waste
levels as follows:
In addition to the facility's existing lagoon waste -level gauges, automated
lagoon/storage pond waste -level monitors and recorders (monitored and recorded
at least hourly) must be installed on all treatment and storage structures covered
by this Permit to measure and record freeboard. This equipment must be properly
maintained and calibrated in a manner consistent with manufacturer's operation
and maintenance recommendations. This automated equipment must be in place
no later than. ninety (90) days following notification from the Director. The
Director may determine that installation of automated waste level monitors is not
required if the Permittee can.demonstrate that preventative measures were taken to
avoid the violations and that the violations resulted from conditions beyond the
Permittee's control.
If an automated level monitor(s) becomes inoperable, the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional
Office as soon as .possible, but in no case more than 24 hours following
first knowledge of the problem; and,
r ii. make any needed repairs to the equipment as quickly as possible, and take
and record dailywaste levels at the same time every day until such time as
the automated equipment is placed back into operation.
c. The Director may require new or modified waste -level gauges if it is determined
that the existing gauges are not adequate to accurately indicate actual waste levels,
or the various waste lcvcls required to be maintained by this Permit or the
CAWMP.
6. Monitoring and Recording Precipitation Event
a. 'Precipitation events at the facility to -operate under this Permit shall be monitored
and recorded as follows:
A rain gauge must be installed at a site that is representative- of the weather
conditions at the farin's land application site(s) to measure all precipitation events.
The precipitation type and amount must be recorded daily for all precipitation
events and maintained on site for review by the Department. Daily records do not
need to be maintained for those days without precipitation events.
b. The Director may require that an automated rain gauge and recorder must be
installed on site to measure and record all precipitation events. This equipment
must be properly maintained and calibrated in a manner consistent with
manufacturer's operation and maintenance recommendations. This automated
equipment must be in place no later than ninety (90) days following receipt of
notice from ,the Director.
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Permit No. AW 1310048
January 19, 2017
-If an automated rain gauge(s) becomes inoperable, the Permittee shall:
i. report the problem by telephone to the appropriate Division Regional
Office as soon as possible, but in no case more than twenty-four (24) hours
following first knowledge of the problem; and,
ii. make any needed repairs to the equipment as quickly as possible, and take
and record all rainfall events until such time as the automated equipment
is placed back into operation.
7. An analysis of the animal waste to be land applied shall be conducted in accordance with
recommended laboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days (before or after) of the date of application.
Every reasonable effort shall be made to have the waste analyzed prior to the date of
application and as close to the time of waste application as possible. This analysis shall
include the following parameters:
Nitrogen Zinc
Phosphorus Copper
8. The Permittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates and cropping information. The Permittee shall also
record removal of solids and document nutrient loading rates if disposed of on -site, or
record the off -site location(s). These records must be on forms supplied by, or approved
by, the Division.
9. A record shall be created and maintained of all transfers of waste between waste structures
on the same site not typically operated in series. Such record shall include at least the
identity of the structure from which the waste was transferred, the identity of the structure
receiving the waste, the date and time of transfer and the total volume of waste transferred.
10. The Permittee must maintain monthly stocking records for the facility and make the records
available to the Department.
11. If, for any reason, there is a discharge from the waste collection, treatment, storage and
application systems (including the land application sites), to surface waters or wetlands,
the Permittee is required to make notification in accordance with Condition III. 15. The
discharge notification shall include the following information:
a. Description of the discharge: A description of the discharge including an estimate of
the volume discharged, a description of the flow path to the receiving surface waters
or wetlands and a site sketch showing the path of the waste.
b. Time of the discharge: The length of time of the discharge, including the exact dates
and times that it started and stopped, and if not stopped,'the anticipated time the
discharge is expected to continue.
C. Cause of the discharge: A detailed statement of the cause of the discharge. If caused
by a precipitation event, detailed information from the on -site rain gauge concerning
the inches and duration of the precipitation event.
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Permit No: AW1310048
January 19, 2017
d. . All steps being taken to educe, stop and cleanup the discharge. All steps -to -be taken
to prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition IR. 7 above.
f. A waste sample, obtained within seventy-two (72) hours following first knowledge
of the discharge to surface waters or wetlands,. from the source lagoon/storage pond,
shall be analyzed for the following minimum parameters:
Fecal coliform bacteria Five-day biochemical okygen demand
(BOD5)
Total suspended solids Total phosphorous
Ammonia nitrogen (NH3 N) Nitrate nitrogen (NO3 N)
Total Kjeldahl nitrogen (TKN) or Total Nitrogen
Monitoring results must be submitted to the Division within thirty (30).4ays of the
discharge event. c
12. In accordance with 15A NCAC 02T .0108(c), -the Division may require any monitoring
and reporting (including but not limited to groundwater, surface water or wetland, waste,
sludge; soil, lagoon/storage pond levels.and plant tissue) necessary,to determine the source,
quantity, quality, and effect of animal waste upon the surface waters, groundwaters or
wetlands. - Such monitoring, including its scope, frequency, duration and any sampling,
testing, and reporting systems, shall meet all applicable Division requirements.
13. A copy of -this Permit, certification forms, -lessee and landowner agreements, the CAWMP,
Best Management Plan, the Operations and Maintenance Manual, and copies of all records
required by this Permit and the facility's CAWMP shall be maintained by the Permittee in
chronological and legible form for a minimum of three (3) years. Records include but -are
not limited to: soil and waste analyses, rai gauge readings, freeboard levels, irrigation and
land application event(s), past inspection reports and operational reviews, animal stocking
records, records -of additional nutrient sources applied (including but not limited to sludges,
unused feedstuff leachate, septage and commercial fertilizer), cropping information, waste
application equipment testing and, calibration; and records of removal of solids to off -site
location(s). -These records shall be maintained'on forms provided or approved by the
Division and shall be readily available at the facility (stored at places such as,the farm
residence, office, outbuildings, etc.) where animal- waste.management activities are being
conducted for the life of this Permit, unless otherwise specified in this Permit.
14. Within fifteen (15) working days, of receiving the request from the Division, the Permittee
shall provide to the Division one (1) copy of all requested information and reports related
to the operation of the animal waste management system. Once received by the Division,
all such information and reports become public information, unless they_ constitute
confidential information under NC G.S. 132-1.2, and shall be made available to the public
by the Division as specified in Chapter 132 of the General Statutes.
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r ' Permit No. AW1310048
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15. Regional Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone
number [phone], as soon as possible, but in no case more than 24 hours following
first knowledge of the occurrence of any of the following events:
a. Failure of any component of the Waste -to -Energy System or the animal waste
collection, treatment, storage„ and land application system resulting in a discharge to
ditches, surface waters, or wetlands.
b. Any failure of the waste treatment and disposal system that renders the facility
incapable of adequately receiving, treating, or storing the waste and/or sludge.
C. A spill or discharge from a vehicle transporting waste or sludge to the land
application field which results in a discharge to ditches, surface waters, or wetlands
or an event that poses a serious threat to surface waters, wetlands, or human health -
and safety.
d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment or human safety or health.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal
to that required in Condition VI.2 of this Permit.
f. Failure to maintain waste level in a lagoon/storage pond below that of the designed
structural freeboard (twelve (12) inches from top of dam or as specified in
lagoon/storage pond design). Note that this notification is in addition to the report
required by Condition HL 15.e above.
g. Any discharge that bypasses a treatment unit.
h. An application of waste either in excess of the limits set out in the CAMW or where
runoff enters ditches, surface waters; or wetlands.
i. Any discharge to ditches, surface waters, or wetlands or any discharge that poses a
serious threat to the environment 'or human health or safety.
For any emergency, which requires immediate reporting after normal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within five (5) calendar days following first knowledge of the occurrence. This report
shall outline the actions taken or proposed to be taken. to correct the problem and to
ensure that the problem does not recur. In the event of storage capacity violations as
described in Condition III.15.e, the written report shall outline the actions proposed to
be taken to restore compliance within thirty (30) oalendar days. The requirement to file
a written report may not be waived by the Division Regional Office.
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Permit No. AW1310048
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In the event the waste level in a lagoon/storage pond is found to be within the designed
structural freeboard, the Permittee shall file a written report to the appropriate Division
Regional Office within two (2) calendar days following first knowledge of the
occurrence. This report shall outline actions- taken or proposed to be taken to reduce
waste levels below the designed structural freeboard within five (5) calendar days of first
knowledge of the occurrence.
16. The Director may require any permittee to file an annual certification report,or other
reports/certifications based on the compliance history of the facility. If required; the report
must be filed on forms provided by the Division.
17. In the event of a discharge of 1,000 gallons or more of animal waste to surface waters or
wetlands, the Permittee- must issue a press release to all print and electronic news media
that provide general coverage in the county in which the discharge occurred setting out the
details of the discharge. The press release must -be issued within forty-eight (48) hours
after it is determined that the discharge has reached the surface waters or wetlands. A copy
of the press release and a list of the news media to which it was distributed must be kept
for at least one (1) year after the discharge and must be distributed to any person upon
request.
18. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or
wetlands, a public notice is required in addition to the press release described in Condition
11117. The public notice must be placed in a newspaper having general circulation in the
county in which the discharge occurred and the county immediately downstream within
ten (10) days of the discharge. The notice shall be captioned "NOTICE OF DISCHARGE
OF ANIMAL WASTE". The minimum content of the notice is the name of the facility,
location of the discharge, estimated volume of waste entering state waters, time and date
discharge occurred, duration of the discharge, identification water body that was
discharged into including creek and river basin if applicable, actions taken to prevent
further discharge, and a facility contact person and phone number. The owner or operator
shall file a copy of the notice and proof of publication with the Department within thirty
(30) days after the notice is published.
19. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters or
wetland's, the appropriate Division Regional Office must be contacted to determine in what
additional counties, if any, a public notice must be published. A copy of all public notices
and -proof of publication must be sent to the Division within thirty (30) days of the
discharge.
20. Facility shall conduct a survey`of the sludge accumulation in all lagoons every year. The',
survey report should be written on forms provided or approved -by the Division and shall
include a sketch showing the depth of sludge in the various locations within each lagoon.
This survey frequency may be reduced if it can be demonstrated to the satisfaction of the,
Division that the rate of sludge accumulation does not warrant an annual survey.
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Permit No. AW1310048
January 19, 2017
If the sludge accumulation_ is such that the structure does not satisfy the criteria set by
NRCS NC Conservation Practice Standard No. 359 "Waste Treatment Lagoon", February
2009 or any subsequent amendment, a sludge removal or management plan must be
submitted to the appropriate Division Regional Office within ninety (90) days of the
determination. The plan shall describe removal and waste utilization procedures to be used.
Compliance regarding sludge levels must be achieved within two (2) years of the
determination.
IV. GROUNDWATER REOMREMENTS
1. The Groundwater Compliance Boundary is established by 15A NCAC 2L .0102 and 15A
NCAC 2T .0103. An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in
addition to the penalty provisions applicable under the North Carolina General Statutes.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTION AND ENTRY
1. The Permittee shall allow any authorized representative of the Department, upon the
presentation of credentials and other documents as may be required by law and in
accordance with reasonable and appropriate biosecurity measures, to:
a. Enter the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this Permit;
C. Inspect, at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this Permit;
and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance, any substances or parameters at any location.
VI. GENERAL CONDITIONS
The issuance of this Permit shall not relieve the Permittee of the responsibility for
compliance with all applicable surface water, wetlands, groundwater and air- quality
standards or for damages to surface waters, wetlands, or groundwaters resulting from the
animal operation.
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Permit No. AW1310048
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2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must
not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm
event plus an additional one (1) foot of structural freeboard except that there shall be no
violation of this condition if. (a) there is a storm event more severe than a 25-year, 24-hour
event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at least one (1)
foot of structural freeboard.
In addition to the above requirements, for new and expanding farms with lagoon and
storage pond designs completed after September 1, 1996, storage must also be provided
for the heavy rainfall factor for the lagoons/storage pond. In case of lagoons/storage ponds
in series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall
factor storage requirement for the system may be designed into the lowest lagoon/storage
pond in the system. However, adequate freeboard must be designed into the upper
lagoons/storage ponds to allow sufficient storage to prevent the waste level from rising into
the structural freeboard while the storm water is draining into the lowest structure in the
system.
All containment basin, such as a lagoon or digester, used for waste management shall
continue to be subject to the conditions and requirements of this Permit until properly
closed. When the containment basin is properly closed in accordance with the NRCS NC
Conservation Practice Standard No. 360"Closure of Waste Impoundments," April 2012 or
any subsequent amendment, the containment basin shall not be subject to the requirements
of this Permit. The Permittee must submit a letter to the Division to request rescission of
the Permit by providing documentation of closure of all containment basins.
Closure shall also include a minimum of 24 hours pre -notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the form within -fifteen (15) days of completion of closure.
4. The annual permit fee shall be paid by the Permittee within thirty (30) days after being
billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation
of this Permit.
5. Upon classification of the Facility by the Water Pollution Control System Operators
Certification Commission (WPCSOCC), the Permittee shall designate a Certified Water
Pollution Control System Operator (Operator) to operate the Facility. The designated
Operator must hold a certificate of the same type(s) and grade(s) as the classification(s)
assigned to 'the Facility by. the WPCSOCC. The Permittee may also be required to
designate a certified back-up Operator of the appropriate type and -grade to comply with
the conditions of 15A NCAC 8G. 0202. The Petmittee shall submit to the WPCSOCC a
completed designation form designating the appropriately certified Operator(s) thirty (30)
days prior -to the introduction of waste into the system or within thirty (30) days of
classification, in the case of the Existing System. The designated Operator of the Facility
must visit the Facility as often as necessary to insure proper operation of the system, but in
no case less frequently than as specified in 15A NCAC 8G .0204(2),15A NCAC 8F. 0203,
or both.
6. After the Waste-toaEnergy System has been in use for one (1) year the Permittee or a
designee must submit a comprehensive operator -training program to be approved by the
Division.
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Permit No. AW1310048
January 19, 2017
7. After the Waste -to -Energy System has been in use for one (1) year, the Permittee or their
designee shall submit a progress report to the Division. This report shall include any
updates or changes to the Operation and Maintenance Plan and any recommendations for
improvements if the, system is to remain operational.
8. Failure to abide by the conditions and limitations contained in this Permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statute 143-215.6A-6C and may include the requirement to obtain additional
treatment or storage units and/or addition of land application sites, and/or the modification
of the animal waste management system.
9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements, which are required in the CAWMP, shall constitute grounds for revocation of
this Permit.
10. The issuance of this Permit does not excuse the Permittee from the obligation to comply
with all applicable statutes, rules, regulations, or ordinances (local, state, and federal).
11. If animal production ceases, the Permittee is responsible for developing, implementing and
completing a 'closure plan" which will eliminate the possibility of an illegal discharge,
pollution, erosion, and the potential for injury. Closure shall include notifying the Division.
Should the Permittee desire to abandon the Waste -to -Energy System a "closure plan" must
be submitted to the Division. The closure plan must include recommendations by a
Professional Engineer for the removal of all equipment associated with the Waste -to -
Energy System so as not to create any discharge. No equipment shall be removed without
prior approval from the Division.
12. This Permit shall become voided unless the facilities are constructed in accordance with
the conditions of this Permit, the approved plans and specifications, and other supporting
data.
13. This Permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data for Stockinghead Creek Farms, LLC. The
Permittee shall notify the Division immediately of any applicable information not provided
in the permit application.
Any proposed modification to an animal waste management system component shall
require approval from the Division prior to construction.
14. This Permit is not automatically transferable. In the event there is a desire for the facility
to change ownership, or there is a name change of the Permittee, a Notification of Change
of Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting materials as may be appropriate. This request shall
be submitted within sixty (60) days of change of ownership. The request will be considered
on its merits and may or may not be approved.
15. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of the project.
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Permit No. AW 1310048
January 19, 2017
16. - The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may, deem appropriate.
17. The issuance of this Permit does not prohibit the Division from reopening and -modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
appropriate laws, rules, and regulations.
18. Upon abandonment or depopulation for a period of five years or more, the Permittee must
submit documentation to the Division demonstrating compliance with NC Session Law
2015-263.
VIL PENALTIES
J
1. Failure to abide by the conditions and limitations contained in this Permit; the facility's
CAWMP; and/or applicable state law; may subject the Permittee to an enforcement action
by the Division including but not limited to the modification of the animal waste
management system, civil penalties, criminal penalties and injunctive relief.
2. The Permittee must comply with all conditions of this Permit. Any permit noncompliance
constitutes a violation of state law and is grounds for enforcement action; for permit
coverage termination, revocation and reissuance, or modification; or denial of a permit
coverage renewal application.
3. It shall not be a defense for Permittee in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity in order to maintain compliance
with the conditions of this Permit.
VM. DEFINITIONS
25-year, 24-hour rainfall or storm event means the maximum,24-hour precipitation event with a
probable recurrence interval of once in 25 years, as defined by the National Weather Service in
Technical Paper Number 40, "Rainfall Frequency Atlas of the United States," May 1961, and
subsequent amendments, or equivalent regional or state rainfall probability information developed
therefrom.
Agronomic rates mean the amount of animal waste and/or other nutrient sources to be applied to
meet the nutrient needs of the crop, but does not overload the soil with nutrients or other
constituents that cause or contribute to a contravention of surface water or groundwater standards,
limit crop growth, or adversely affect soil quality. Nutrient needs of the crop shall be based on
realistic yield expectations (RYE) established for a soil series through published Cooperative
Extension Service bulletins, NRCS publications, county soil surveys, or site -specific agronomist
reports.
Amendment to the CAWMP means a change and/or addition to a part(s) of the plan, and requires
that the change and/or addition adhere to current applicable standards: The following are examples
of amendments to the CAWMP:
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I -4.
Permit No. AW1310048
January 19, '2017
• In an existing CAWMP, a change in crops and/or cropping pattern that utilizes 25% or less of
the N generated is considered a plan amendment. Additional acreage needed to facilitate the
change in crops and/or cropping pattern is permissible and considered part of the amendment.
• The addition of winter crops and/or interseeded perennial crops are considered amendments to
an existing CAWMP when the operation does not require additional acreage and/or crops for
N utilization, and does not exceed the 25% criteria stated above.
• When a CAWMP cannot meet N utilization requirements due to land lost to irrigation
inefficiency (useable versus total acres), then the CAWMP may be, amended to increase
available acreage and/or change the crop for N utilization. This is the only exception to the
25% N criteria for plan revision.
• Inclusions of emergency action -plans, and insect, odor and mortality checklists are considered
CAWMP amendments.
• Including additional acreage for land application beyond what is required in the existing
CAWMP is considered a plan amendment.
Animal feeding operation means a lot or facility (tither than an aquatic animal- production
facility) where the following conditions are met: (i) animals (other than aquatic animals) have
been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or
more in any twelve (12) month period, and (ii) crops, vegetation, forage growth, or post -harvest
residues are not sustained in the normal growing season over any portion of the lot or facility.
Two or more animal feeding operations under common ownership are considered to be a single
animal feeding operation if they adjoin each other, or if they use a common area or system for the
disposal of wastes.
Certification means technical specialist certification of the CAWMP in accordance with the
requirements of 15A NCAC 02T .1304. It is unrelated to terms "Annual Certification" as used in
Condition 111.16 of this, Permit.
Director means the Director of the North Carolina Division of Water Resources.
Ditch means any man made channel for the purpose of moving water off a site to the surface
waters.
Excessive Ponding means any area of the application field where visible liquid waste is ponded
on the surface of the land application site more than four (4) hours following the application of
waste. Excessive ponding also means any areas where the ponding of waste has resulted in crop
failure.
Groundwater means any subsurface waters, as defined in 15A NCAC 2L .0102.
Land application means the application of wastewater and/or waste solids onto or incorporation
into the soil.
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Permit No. AW1310048
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Major changes to the CAWMP means changes in the number of animals; -type of operation (feeder
to finish to wean to feeder), retrofit of a lagoon, installation of a new irrigation system, and similar
type changes. Recertification is only required for major changes to the CAWMP. Major changes
to a facility must first be approved by the Division. The new CAWMP and the certification shall
be submitted with a request that the Permit be amended to reflect the changes. The facility may not
make the changes until a new or amended Permit has been issued.
Revision to the CAWMP means a change to an entire CAWMP to meet current applicable
standards. A CAWMP must be revised if the operation cannot utilize all N -nitrogen generated by
the animal production in accordance with the existing CAWMP, except for the,specific conditions
noted in the CAWMP amendment criteria,as previously defined. For an existing CAWMP, a change
in crops and/or cropping pattern that utilizes more than 25% of the N generated by the operation is
considered a plan revision. Any change to an existing CAWMP, whether an amendment or revision,
must be signed and dated by both the producer and a technical specialist for the new CAWMP to
be valid. A revision of the CAWMP'does not require recertification.
State Waters means all surface waters, wetlands, groundwaters and waters of the United States
located in the State.
Surface Waters means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek,
reservoir, waterway, or other surface body or surface accumulation of water, whether public or
private, or natural or artificial, that is contained in, flows through, or borders upon any portion of
the State of North Carolina, including any portion of the Atlantic Ocean over which the State has
jurisdiction as well as any additional Waters of the United States which are located in the' State.
Waste means manure, animal waste, process wastewater and/or sludge generated at an animal
feeding operation.
Wetlands means areas that are inundated or saturated by an accumulation of surface or
groundwater at a frequency and duration sufficient to support, and under normal circumstances do
support a prevalence of vegetation typically adapted for life in saturated soil conditions, as
defined in 15A NCAC 2B .0202.
Permit issued this the nineteenth day of January, 2017.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
IN 00, �E-1
for S. Jay Zimmerman, P.G., Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AWI310048
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Permit No. AW1310048
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Permit No. AW1310048
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Permit No. AWI310048
January 19, 2017
ENGINEER'S CERTIFICATION
I� as a duly registered Professional Engineer in the State of North '
Carolina, having been authorized to observe (periodically, weekly, full time) the
construction of the project
Project Name
Location
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of this Permit, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
k
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