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HomeMy WebLinkAbout820656_CORRESPONDENCE_20171231NORTH CAROLINA Deparbnent of Environmental Quality I. State of North Carolina F~o Department of Environment, Health and Natural Resources Division of Water Quality Non-Discharge Permit Application Form I Survey (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit -Liquid Animal Waste Operations The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections which are appropriate. If a question has not been completed bY. Jbfr!>ivision, please complete as best as possible. Do not leavePte~if'\jf~~wered. ~ ,,.., o -.J =3c ~~~a-q-, i~UG 2 1 \997 § ~~::t: 1./) ::;: rTl Application Date: REQUIRED ITEMS CHECKLIST Ft\fEfTEViLLE = r-o ~~ ~lease indicate that you have included the following required items by signing yolffi~~IOP:fhtG]ice provided next to-tflch ~ ~;; Jtem. :S:: ~ , o I. One completed and signed original and one copy of the application for General Permit-Animal Waste Operations; 2. Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is disposed; 3. Two copies of the Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CA WMP, one must be completed prior to submittal of a general permit application for animal waste operations . Applicants lnt~ls :Z ~ co U1 :.z: .... '-'-----------'~ II. GENERAL INFORMATION: I. Farm'sname:~P~o~rk~Hwa~ve~nL_ _____________________________________________________ ___ 2 . Print Land Owner's name: ~C.c~ol.!lo!.lJn!.L.!lK!>...·~Oau!!i!!Jnn!.L._ ________________________________________ _ 3. Land0wne~sM~I~gaddreu:~2~1~4uE~·Iwm~s~~~-------------------------------------------- City : Warsaw. NC Zip: _ _:::::..d..::.f?.::..3c;...:.....!...i _________________ _ Telephone Number: .... 9~1..l.!0~-2"9::!.3.:..-7l.l.OC!4'..1.7 _____________________________________________________ _ 4. C o unty where farm is located : _,S._.a....,n~lp""s""'o...,_n ______________________________________________ _ 5. Farm Location (Directions from nearest major hig hway. Please include SR numbe rs f or state roads. Please include a copy of a county road map with the location of the farm id e ntified): J"' s4 tf.Ir SR. \, Y i f" 'f)""' H ...a7 "i 0 3 6. Print Farm Manager's name (if different from Land Owner):---------------------------------- 7 . Lessee's I Integrator's name (if applicable ; please circle whic h type is listed): Circle 0 Farms lncCircle 0 82 -656 FORM: A WO-G-E 2/26/97 Page 1 of 3 ' . ..~ .. III. OPERATION INFORMATION: I. Farm No.: ....82.-656 2. Operation Description: Swine operation Feeder to Finish 5760 -Certified Design Capacity Is the above infonnation correct? IXJ yes; 0 no. If no, correct below using the design capacity of the facility Type of Swine 0 Wean to Feeder 0 Feeder to Finish 0 Farrow to Wean(# sow) 0 Farrow to Feeder(# sow) 0 Farrow to Finish (#sow) No. of Anjmals Type of Poultry No. of Animals OLayer ONon-Layer OTurkey Type of Cattle No. of Animals 0 Dairy OBeef Other Type of Livestock on the fann : No. of Animals: --------- 3 . Acreage cleared and available for applicationf7.D; Required Acreage (as listed in the CAWMP): ::43;8= ~ S" ·IS' 4 . Number of Lagoons :~ ; Total Capacity: I I '(O , 3 "'i Cubic Feet (ft3) Number of Storage Ponds: __Q_ ; Total Capacity : ___ 0=--------Cubic Feet (ft3) 5. Is animal waste being applied on any field which has subsurface drains? YES or~ (please circle one) 6 . Are subsurface drains present in the vicinity of or under the lagoon'! YES o@ (please circle one) IV. APPLICANT'S CERTIFICATION: I, ________ Co..::...:.f..:o..:..:IIJ:........::k~ • ..::Q~"'::;.::N.::N:......... ___________ (Land Owner's name listed in question 11.2), attest that this application for Port. H"vc.N ~"'c . (Farm name li sted in question 11.1) 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 arc not completed and that if all required supporting infonnation and attachments arc not included, thi s a pplication package will be returned to me as incomplete. Signature / ~ £ Date -"'-~B.::....--..AtloL--1~Zc__ __ _ V. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) I, (Manager's name li sted in question 11.6), attest that this application for (Farm name lis1cd in question 11.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand th a t if a ll required parts of this application arc not completed and that if all required supporting informalion and attachments are not included , this application package will be returned as incomplete. Signa!urc -------------------------Date -------------- THE COMPLETED APPLICATION PACKAGE, IN CLUDING ALL SUPPORTING INFORMATION AND MATERIALS. SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION PERMITS AND ENGINEERING UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 TELEPHONE NUMBER: (919) 733-5083 FORM: A WO-G-E 2/26/97 Page 2 of 3 \ I -~:.. \; , _: . ANIMAL WASTE UTILIZATION PLAN Producer: Location: Telephone: COLON K. QUINN 214 ELM ST. WARSAW NC 28398 (910)293-3524 Type Operation: Existing Feeder to Finish Swine Number of Animals: (Design Capacity) 5760.00 hogs STORAGE STRUCTURE: Anaerobic Waste Treatment Lagoon APPLICATION METHOD: Irrigation The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface water and/or groundwater . The plant nutrients in the animal wasce should be used co reduce che amounc 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: 1. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste . Do not apply more ·oitrogen than the crop can utilize. 2. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. 3. Normally waste shall be applied to land eroding at less than 5 tons per acre per year. Waste may be applied to land eroding at 5 or more tons per acre annually, but less than 10 tons per acre pe r year providing tha t adequate filter strips are established . 4. Do not apply waste on saturated or when the surface is frozen . may result in runoff to surface under DWQ regulations . soils, when ic is raining, Eicher of these conditions waters which is not allowed Page: 1 ANIMAL WASTE UTILIZATION PLAN 5. Wind conditions should also be considered to avoid drift and downwind odor problems. 6. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied not more than 30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on the waste application method shown above. If you choose to change methods in the future, you need to revise this plan. Nutrient levels for different application methods are not. the same. 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. In some cases you may want to have plant analysis made, which could allow additional waste to be applied. Provisions shall be made for the area receiving waste to be flexible so as to accommodate changing waste analysis content and crop type. Lime must be applied to maintain pH in the optimum range for specific crop production. This waste utilization plan, if carried out, me e ts the r e quirements for complianc e wi t h 15A NCAC 2H .0217 adopted by the Environmental Management Commission. AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 5760 h o gs x 1.9 tons waste/hogs/ye ar = 10944 t ons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 5760 h o gs x 2.3.lbs PAN/hogs/ye ar= 13248 lbs. PAN/year Applying the a b o ve amount of waste is a big job. You should plan time and have a ppropriate e quipment to apply the wast e in a timely manner. The foll o wing acreage will be needed for wa st e applicatio n based o n the crop to be grown, soil type and s urface appli c ation. Page: 2 TRACT 10298 10298 10298 10298 10298 10298 NOTE: ANIMAL WASTE UTILIZATION PLAN TABLE 1: ACRES OWNED BY PRODUCER FIELD SOIL TYPE & CLASS-CROP YIELD LBS DETERMINING PHASE CODE AW N PER AC ----- APPLY METH 2 MaC BH 6.0 300 I 11 150 INoA I GoA I I COMM N PER AC or RESID. N 0 ** * LBS ACRES AW N USED ------- APPLIC TIME 3.6 8 1104 MAR-OCT 1 3 .68 1184 SEP-MAY 1 31.26,9534 .3 MAR-OCT 1 31.26,1563 SEP-MAY 1 10.2113318.25 MAR-OCT 1 10.211510.5 SEP-MAY TOTALj16214.0 Indicates that this field is being overseeded (i .e. interplanted) o r winter annuals follow summer annuals. The applicator is c autioned that P and K may be over applied while meeting the N requirements. In the future, regulations may require farmers in some parts of North Carolina to have a nutrient ma nagement plan that address es all nutrients. This plan only addresses nitrogen. Page: 3 TRACT ANIMAL WASTE UTILIZATION PLAN TABLE 2: ACRES WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specification 2.) FIELD SOIL TYPE & CLASS-CROP YIELD LBS COMM N ** DETERMINING PHASE CODE AW N PER ACRES PER AC AC -----or APPLY RESID. METH N END * LBS ~N USED ------- APPLIC TIME TOTAL 0 Indicates that this field is being overseeded {i.e. interplanted) or winter annuals follow summer annuals. In interplanted fields {i.e . small grain, etc, interseeded in bermudagrass), forage must be removed through grazing, hay and/or silage . Where grazing, plants should be grazed when they reach a height of six to nine inches. Cattle should be removed when plants are grazed to a height of four inches. In fields where small grain, etc, is to be removed for h ay or silage, care should be exercised not to let small grain to reach maturity, especially late in the season (i.e. April or May) . Shading may result if small grain gets too high and this will definitely interfere with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen being utilized. Rather t han cutting small grain for hay or silage just before heading as is the normal situation, you are encouraged to cut the small grain earlier. You may want to consider harvesting hay or silage two to three times during the season, depending on time small grain is planted ln the fall. The ideal time to int e rpl ant small grain, etc , is lat e September or early October. Drilling is rec ommended over broadcasting. Bermudagrass should be grazed or mowed to a h e ight of about two inches before drilling for best results. Page: 4 ** * ANIMAL WASTE UTILIZATION PLAN Acreage figures may exceed total acreage in fields due to overseeding. lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in tables 1 and 2 above: CROP CODE CROP UNITS BH HYBRID BERMUDAGRASS-HAY TONS SG SMALL GRAIN OVERSEEDED AC TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED TABLE 1 45.15 16214.05 TABLE 2 0 0 TOTAL 45.15 16214.05 ** * BALANCE -2966.05 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced . PER UNIT so 50 Page: 5 *** ANIMAL WASTE UTILIZATION PLAN This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. See attached map showing the fields to be used for the utilization of animal waste. SLUDGE APPLICATION: 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 nutrients or other elements. Your production facility will produce approximately 2131.2 pounds of plant available nitrogen per year in the sludge. If you remove the sludge every 5 years, you will have approximately 10656 pounds of PAN to utilize. Assuming you apply this PAN to hybrid bermudagrass hayland at the rate of 300 pounds of nitrogen per acre, you will need 35.52 acres of land. If you apply the sludge to corn at the rate of 125 pounds of nitrogen per acre, you·will need 85 .248 acres of land. Please be aware that these are only estimates of the PAN and land needed. Actual requirements could vary by 25% depending on your sludge waste analysis, soil types, realistic yields, and application methods. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and Page: 6 ANIMAL WASTE UTILIZATION PLAN amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. Tract 10298 10298 10298 10298 10298 10298 * Application Rate Applic. Amount Field Soil Twe Crop (in/hr) (inches) 2 MaC BH 0.50 *1.30 3 No A BH 0.50 *1.30 4 GoA BH 0.50 *1.30 -2 SG * -3 SG * -4 SG * This is the maximum application amount a llowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because of the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Your facility is designed for 180 .00 days of temporary storage and the temporary storage must be removed on the average of once every 6.00 months. In no -instance should the volume of the waste be stored in your structure be within the 25 year 24 hour storm storage or one foot of freeboard except in the event of the 25 year 24 hour storm. It is the responsibility of the producer and waste applicator to ensure that the spreader equipment is operated properly to apply the correct rates to the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid. Call your technical specialist after you receive the waste analysis report for assistance in determining the amount of waste per acre and the proper application rate prior to applying the waste. NARRATIVE OF OPERATION Page: 7 WASTE UTILIZATION PLAN 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, t he 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 pending 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. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop i s not covere d with waste to a depth that would inhibit growth. The potential for salt damage fro m animal waste should also be considered. Page: 8 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 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 a discharge or by over-spraying. Animal waste may be applied to prior converted cropland provided they have been approved as a land application site by a 11 technical specialist 11 • Animal waste shall not be applied on grassed waterways that discharges directly into water courses, and on other grassed waterways, waste shall be applied at agronomic ·rates in a manner that causes 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 . 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 . Page: 9 WASTE UTILIZATION PLAN REQUIRED SPECIFICATIONS 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 preplant with no further applications of 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 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 soils shall be monitored and alternative crop sites shall be used when these metals 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: 10 ANIMAL WASTE UTILIZATION PLAN WASTE UTILIZATION PLAN AGREEMENT Name of Farm: PORK HAVEN 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 n e w certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) 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 NCDWQ upon request. Name of Facility OWner: COLON K. QUINN (Please print} Signature:[1~ k ~~~~ t~Qr. .. Date: Name of Manager(If different from owner)=------------------------------ Signature: Date: Name of Person Preparing Plan: (Please print)Wilson Spencer Affiliation:NRCS Phone No. Address (Agency) : 84 County Complex Rd. Clinton NC 28328 Signature: Date: Page: 11 ANIMAL WASTE UTILIZATION PLAN STATE OF NORTH CAROLINA COUNTY OF I, ------------------------------------------------------' a Notary Public of said County, do hereby certify that , personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of ----------------------------' 19 _____ __ My commission expires Notary Public. (SEAL) Page: 13 ANIMAL WASTE UTILIZATION PLAN Waste Utilization -Third Party Receiver Agreement I, hereby agree to apply waste generated by in a manner that meets the Waste Utilization Standard (633), or use an alternative waste utilization system that has been accepted in writing by the Division of Water Quality. Third Party Receiver: Term of Agreement=------------~~--~--~~~--~~-­ (Minimum Ten Years on Cost-Shared Items) STATE OF NORTH CAROLINA COUNTY OF Date: ____________ __ to I, --------------------------------------------------------' a Notary Public of said County, do hereby certify that , personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and official seal this day of -----------------------------' 19 ______ _ My commission expires Notary Public. (SEAL) Page: 14 ANnuL WASTE: MAN.;\GZHE!l'I' PL.;\.N C!!!:RTIYic.;..TION YOR UISTIUG FEEDLOTS Please retu~ the completed fo~ to the Division of Enviroo=ental Managacent at the address on the reverse side of this for.n . Name of farm (Please print) : _U.!-J:.:.·· . .J.t'::..<4~1--:-eU~'.J.:''...c€;J6~L-:-::--------..-------------­ Hailing Address=--~~lu4~·-t~4;~n~,~-~~~~r~,~-~~~·~f----~c~\_\~0~~~s~·~~~~~4-·L'-+A~,·~(~·~~~~~-~---­ Phone No . : _'_q.t.....L./~o:..-.o..!l.;;.....&'1_YL-..L2-l::0~'7~·-'/r--- County (of f arm ) : --,--....,.----------- Farm location: Lat i tude and Longit.upe: 35' o-t' 30-I 7J• .1..§:.' _n·(r equir~d). ;..lso. please attach a copy of a county road map with location identified. Type of operation (swine .. layer, ci.ai::::y, etc.) :_S=aJ;.:,;in:.:....::c:.._-:::-:--,------------- Design capacity (numher of animals): 57kO Eau/cc -F.n."ti. Average size of operation ( 12 month population avg.) :_-'$:ou:7..~~4f:.!:tJ:..._ __ =-=-------- Average acreage needed for land application of '"'aste (acres) :--''1--=3-'-'8,.__ ______ _ Technical Specialist Certification As a techni.cal specialist des ignated by the North Carolina Soil and ~·1atar Conservation Commission pursuant to lSA NC~.c 6F . 00 0~, I cert~.::y that the existing animal waste management system for the fa~ named above has an animal waste management plan that meets the operation and maintenance standards a nd specifications of the Division of Environmental Management and the US~A-Soil Conservation Service and /o r the North Carolina Soil and Wat~r Conse:::-vation Commission pursuant to 15.;. NC.:;C 2H.0217 and lSA nc:.c 6F .0001-.0005. T!:le following elements and their corresponding minimum criteria have been verified by me or other designated technical specialists anci. are included in the plan as applicable: minimum separations (buffers); adequate quantity and amount of land for·waste utilization (or use of third party); ascess or ownersn~p of proper ~aste application equipment; sc~edule for timing of applications; applicat ion rates; loading rates; and the central of the discharge of pollutants from st.ormwater runoff e'rents less .severe than the 25-year, 24-hour storm. Naz:~ ~f ~achnica1 Spacia!).st ~Please Print): O(lJ;(saN S~eA!Cf>r Aft~l~at~on (Agency·i =---+~~T2u_~C--~S~----------------------~-------~~------------------- )..d:::res s :~-~.-~~~~_.u...:;.~;p.._~----'-,....LUJIL...j..!:JI"--'l~~~ 7ptgne No. Vd-sr ;2-?ft. l Date: //) -) )"f,L ====~====~==;=~====~===~==~==~====~-==~=====~ OWner/Manager Agreemaot I (we) under stand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will implement these procedures . I (we) know that any .expansion to the existing design capacity of the waste treatment and storage s y stem or construction of new facilit ies will require a new certification to b e submitted to the Division of Enviro~~ent:al Hanagement before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this sys~em to surface waters of the state either directly t hrough a man-made conveyance or through runoff from a storm event less severe than the 25-year, 24 -hour st:o~. The approved plan will be filed at the farm and at the office of the local Soil and Water Conserration District. Nama of Land Owla'iJr ( please p~~t )..~ _ ___::C::...:.4..:./...:.".:..:..,:__........!.J(~.--~C~· ~:::..!' •:..:.•,:!..:.-'l:::.!._------------------- Signature:/?/'-t:---1 42'~k2;1 .. -Da te: /f/·<Zc:;-:z.--.. :;.a_ .}· t> .. N'lll:le ot. Manager, if different. from owner (Please print.)=-------------- Signature: ______________________________________________ ___ Date: ____________________ __ ~: A change in land ownersh i~ requires notification or a new certificat.ion (if the approved plan is changed) within 60 days of a title transfer. OEM USZ ONLY: ACE!# ' \ North CaroUna Department of Environment and Natural Resources Division of Air Quality AW'A n a .. ., ____ ... Michael F. Easley, Governor William G. Ross Jr·., Secretary Alan W. Klimek. P.E., Director NCDENR CERTIFIED MAIL 7000 0600 0028 7275 4343 RETUR.N RECEIPT REQUESTED Mr. Colon K. Quinn Pork Haven Fann 214 Elm Street Warsaw, North Carolina 28398 April 17, 2001 Subject: Detenninati~n of Objectionable Odor Pork Haven Farms RECEIVED APR 2 4 2001 OENR FAYETIEVILLE REGtONAL OFACE Clinton, NC, Sampson County 6 I 82-00000 Dear Mr. Quinn: The Pork Haven fann tDWQ ID 82a656) located off King Road (SR-1748), in the Clinton area of Sampson County, has been the subject of numerous complaints received by the Division of Air Quality Fayetteville Regional Office. On January 5, 2001 and February 16, 2001; objectionable odor observations were made by several DAQ staff. Subsequently, upon discussion between myself, as Director of the Division of Air Quality, and Steven Vozzo, the Supervisor ofthe Fayetteville Regional Office, an4 ~er careful consi~eration of all .C}'i!~ria , it has been concluded that your operation is· the subject of an Objectionable Odor Deteimination, per North Carolina Administrative Code (NCAC) Title 15A, Chapter 2, Subchapter 2D .1802 (g). This letter is to inform you that you are now required to prepare and submit a Best Management Plan (BMP) as described in NCAC 20.1803 Best Management Plans for ·Animal Operations. · The permanent rule for the control of odors from animal operations became effective on Julyl, 2000. The rule, 15A NCAC 2D.l800 Control of Odors, defines the type of operation that is applicable to the rule and lists the Required Management Practices (RMP) of these operations. The rule defines objectionable odors as : I 15A NCAC 20.1801 (9)-"Objectionab!e odor" means any odor present in the ambient air that by itself. or in combination with other odors , is or may be harmful or injurious to human health or welfare, or may unreasonably interfere with the comfortable use and enjoyment of life or property .. Odors are harinful or injurious to human health if they tend to lessen human food and water i ntake, interfere with sleep, upset appetite, produce 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 2728 Capital Blvd., Raleigh, NC 27604 Phone: 919-715-6232 FAX: 919-715-7175 Internet; http://dag.state.nc .us/ AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED I 10% POST CONSUMER PAPER '· .· Mr. Colon K. Quinn Pork Haven Aprill7, 2001 Page2 initation of the upper respiratory tract, or cause symptoms of nausea, or if their chemical or physical nature is, or may be, detrimental or dangerous to human health. The criteria for detennining objectionable odors is also listed in the rule: 15A NCAC 2D.l802 (g): Determination of the existence of an objectionable odor. In deciding if an animal operation is causing or contributing to an objectionable odor, the . Director may consider one or more of the following: (l) The nature, intensity, frequency, pervasiveness, and duration of the odors from the animal operation; . . (2) Complaints received about objectionable odors from the animal operation ; (3) Emissicns from the animal operation of known odor causing compoum.!s, such as ammonia, total volatile organics, hydrogen sulfide or odor; (4) Any epidemiological studies associating health problems with odors from the animal operation or documented health problems associated with odors from the animal operation provided by the State Health Director; or (5) Any other evidence, including records maintained by neighbors, that show that the animal operation is cau~ing or contributing to an objectionable odor. Th~ permanent rule can be viewed at: http://dag.state.nc.us/Rules/Rules/D1800.pdf ··: :· -.· .. -.. ~ .. .. ~ -: . . . . . .: . Ac copy of the permanent rule has been included with this letter. The OWner(s)/operator(s) of Pork Haven farm have a maximum of 90 days from receipt of th is letter to prepare a Best Management Plan (BMP) as described in Section .1803 ·Best Management Plans for Animal Operations. The Director has a maximum of 90 c,iays from receipt of the BMP to approve the plan. The owner(s)/operator(s) then have a maximum of 30 days from approval of the plan to be in compliance with the terms of the plan. Failure of the owner(s)/operator(s) to meet the required timeline shall be considered a violation of the regulation and also constitutes "Plan Failure". Plan Failure will require odor controls per NCAC 2D.l802(k) and an Air Permit. Any violation of an air quality regulation is subject to the assessment of civil penalties as per North Carolina General Statute 143-215.114A. This General Statute provides that civil penalties of not more than ten thousand ($10,000) may be assessed against any person who violates any classification, standard, limitation established pursuant to General Statute 143·215.107, "Air Quality Standards and Classifications". In addition, each day of continuing violation after .· Mr. Colon K. Quinn Pork Haven Aprill7 , 2001 Page3 written notifi.cation from the Division of Air Quality shall be considered a separate offense. Please be advised that neither this letter, nor any subsequent action, absolves you from responsibility for any violation or damage to public or private property or from any enforcement action available to this agency. We appteciate your immediate attention to this environmental concern. If you have any questions wilh respect to this matter, please contact Keith Overcash, P.E., DAQ Deputy Director (919-715-6290), orSteve.n Vozzo, Fayetteville Regional Office Supervisor (910-486-154i). AK/sfv Attachments-Odor Regulations cc:. Keith Overcash . Gary Saunders DAQ'{;entrai Files ··· Fayeft~ville Regional Office ... ~ ... ·~ RegiQ_~'al _S.upervisors · •. · •. I'" • •• ~ • ~·-···"~ .. -·· ~ ..... .. . ~~~· ..!.~::·• ~1~~~;~. • -r "'f:" \,.,·~ .·~: : ~-:~.- Sincerely, ~~L Alan W. Klimek, P.E. •• NAME OF FARM: Pork Haven OWNER I MANAGER AGREEMENT I {we) understand and will follow and implement the specifications and the operation and maintenance precedures estalished in the approved animal waste utilization plan for the fann named above. I (we) know that any expansion to the existing design capacity of the waste treatment and/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to OEM before the new animals are stocked. I {we) understand that I must own or have acces to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan . This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACI(l!r' JWNER: Co~on _K. Quinn Po~ \r.. ~""" ~~ • SIGNATURE: '-/1~":-,~---/( 1 tdat--7-TV·r.----· DATE: ;g -Zt-r/Z- NAME OF MANAGER (If different from owner): _____________ _ '} y ) SIGNATURE: kiiJ.oJ J, . ~ I('U/U please print DATE: ,f-Z. 1---t) 7- NAME OF TECHNICAL SPECIALIST: George H. Pettus AFFILIATION: ADDRESS (AGENCY): PO Box 10009 Goldsboro, NC 27532 (919) 778-3130 SIGNATURE: __ ~-PJ9~tffiu...~.Y.J~tj=----- Page9 RECEIVED DEQ/DWR OCT 9~9 2018 !PLAN OF ACTION(Poa) FOR HIGH FREEBOARD AT ANIMAl FA .C.;;..;I:..:::;l~IT...:...:IE=-=S=-------+-----1 j • I I ' -----l'l-..~~~4--J:..I~os 'Facili Number: i Coun SAMPSON l,IONAlOFACE: I l (in the lagoon to the bottom of the spi ray or la;JEOnS with sp1llwa~s. j I I I La~oon 4 I laQoon 5 i ' ~agoon 1 Lagoon 2 Lagoon 3 !Lagoon Name/10: K1 K2 I !Spillway(Y or N): N I N f I ! ! Level( inches): I 6 I 12 I I I I 28714 I I I I ' I l ~ ~. '><. ! l : . I I I ~~·2~·~c~h~~~a~r~ae~~~';=~~b~'e~it~e~ms~--r-----~------~----~------~l------~l.----~~ 1A I Liquid level is within the designed structural freeboard elevations of one or more structures. ~ 1. Five and 30 ~ay Plans of Action are attached. Hydmulic and agronomic balances are ~ -"' i"'"th'" •ccer~"s~· 1 I = . I ! b ~ X I Li uid level is within th e 25 year 24 hour storm elevations for one or r:nore structures. A 1\1 30 da Plan of Action is attached. Agronomic balance is within acceptable range. ' :------t-----'-· I I i . I .__.~.1 __ __._ __ ---1 n; Waste is to be pumped and hauled to off site locations. Bolume and pAN content of waste i-----+l.;.to;.;::be=e;..;.u;:;..m.;.;;;~~d and hauled is reflected in section Ill tables. Included within this tan is a list I of the proe2sed sites with related faciUty numbers. number of acres and receiving crop I' information. Contact and secure a roval from llle DWQ 1rior to tra~sfer of waste to a site ~-. __ __,..:..:n~ot:..:co:;..:;..:.ve;;;:r..;ed.;rin the fa cili 's CAWMP. ' I ,.-·~, --+----i Operation will be partially or fully dee<Y?ulated . , . j 1 !•Attach a complete schedule with corre~onding animal units and da~es fro depopulation ] •if animals ar b ed th 'tted faci · ·r I freeboard lev e to e mov toano er pemu lity, provide fac1 i~ number. lagoon els and herd e£eulation for the receiving facil!!;t 1 ! I l i ·---j . i ~in land application of waste: k4" ADITION PERMIT ' -T' J I l I l 11 heruby certify that I ha ~ewed the Information listed above and included within the .. !attached Plan of Action, and to the best of m:t, knowledge and abd~ the infonnation as !accurate and correct I J I i i ~ I -f-~," PhoM~.= I ?JIU~~~~~A":' r.:~/ #-~ 1 .. ! Faahty Owner/Manag er {pnnt) ;/fr 1 00 69 tt:C016 :X:V.:i J\Ht:H S10<::6 0 :Ill' .. .... . ~ 2 i:OOOfi! 0069ti:f:Ol6 Y'\'.:i 1\Vi:t :TT SlOZ:6(l ·;:T r----------:P~LA=N;;...O=.;F;..ACTION PoA FOR HIGH FREEBOARD AT ANIMAL FACILmES 30 DAY DRAW DOWN PERIOD I i I I I ! I. TOTAL PAN TO BE LAND APPLIED PER WASTE STrtUCTURE ! i ! I I I I 1.! Structure Namelldentifier (10}: I 11 ·~ I I J I -I I -.----L------+---r-------1 i:----2--r-. 1 1 -c-urre_n_t -lig-u-id_v_.__o_lu_m_e._i_n -2-5 -yr-./2--'4"---hr-. -st_o_rm.._st-ora_i._g4e_&_s_tnJ_ctu_ra_l_freeboard i 1 i I i I ! l a. current liquid level accotdi: to marker 12.0 inches ~i ------~,------~~-I L -·~'------~------+------~------~ i l b. designed 25 yr./24 hr. storm & structural freeboar_;_d,....-----~--..;.19;;.;.·.;;..0!-in....;ch..;.;.;;..es;;;..__--; ~L-----+:------~,--· I I ~~------~------~1------~~---~ l---+~---_..;.£~-l-lin....:.e_:b _ line a (inches in red zone) :; 1 . : ·~' -----~~-----~;___ I I l _ ,j._..... __ -+-1 ------=d'-1-. :t....:.o-"-p--=-of dike surface area according to design ---+------t-------T------t ' 1 ! (area at below structural freeboard elevation) 69750 ft2 .~' ------~1 --------~i ~ I l ~~---------~-----·--+-------4-------~ ! I e. /li ne c/12 x lined x 7.48 gaJIOnstft3 I i 304343 gallons I .::=====~-======:~: := l l I I 3.] Projected volume of waste liquid produced during draw down period I I ! I l -...,:.-...-- ' f . temp~ra_!Y_ storaqe period accordin<1 to structural design I I I l ! --~------~--------~ : g. ivolurr:e of waste Qroduced according to structural~,.:..;n ___ __... 1 __ ..;.94 .... 948;;...;..;;~l ft:1.:.:__ ____ -f j h. !current herd# 2800 I certified herd #I i i 7.0 inches I . 180 days 2880 I I I l ~-------~~-----~--------4 f I actual waste produced ~ ~ herd # x fine g ~ r r . I l :rrtified herd# _ .... T.___~---i-~ -----........ t-----~ I i.l volume of wash water according to structural design 0 ft3 i ! l . I i I }- i I I 92311 ft3 l j.l exce ss rainfall over evaporation according to deslgn 40688 ftJ ! ' I ...,..,---l I k. !(lines h + i + j) x 7.48 x 30 days/line t= ! -r---16_5_8_05-+-jg-,a-llo_n_s--~ . ! I I 4.1 Total PAN to be land aepHed during draw dow_n-T~~n;.;.::·od;,.:.... ___ _,! _____ -+------'1-----~ ! ! ~ I I I I I l.lcurre~t waste analysis dated --ra'="'.~21-.-,8---;l-----r----1-.-03-;-lbsl_1_00_0 __ g<a-1-1. i i l I i I l : ' . m. I ((lines e + k)/1 000) x line I= I j 484.3 lbs. PAN ; : I I I :1=~~~--~:------fl------~l ! REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE. I 1 ' j(CIIck on the next Structure tab shown below) J I -+-----·:-:+1----i------~ PoA (30 Day) 212,/00 ;;if? coo o 1'8 0069t<:C0 16 H '.:f 1\V<:t : 11 S'10Z;6( r---------------------------------· ·-------------j---------'P-=LA;;....;.;...;..N OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACtUTIES 30 DAY DRAW DOWN PERIOD I I j l I I I !I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE l j I l I 1 1 .j Structure Name/Identifier (10): I K1 I I I l I I I 2. I Current liquid volume in 25 y_r./24 hr. storm storage & structural freeboard ; .-- ' ! I I I l I ' ! a .,current l iquid level accordinQ to marker 6.0 I I I i 1 I I j -! ' 1-l-----+----.....:b:..:.·~ldesJgned ~r./24 hr. storm & structural freeboard 19.01 ,_i ----!-----+-' .--I . .Li _.L'----f----t-------11 . r-J; ----+-----clli'-.+-line b-fine a (inches in red zone)= 13 .0 1 l =t I I l ! 1 i---------+----'d:..:.. ftop of dike surface area according to design I -~ ~----+-------.p.:.(area at below structural freeboard elevation) -......!..---·----+-1_....:::6=.97:..:5::::..JO 1-------4-~+· I I I ~ 1 I :------(·--------e_. ;-hne c/12 x lme d x 7 .48 gallons/ttl I I 565208 l i I I i l I I 3.j Projected volume of waste liquid produce_d:rd~u~n!.!!·nftL..!!.dra=w..,::d:.=aw:!!!!n~~:...._-----+--------il I I 180 L-----~------4----------~----~--~-------~------4-------~~ i 1 9 j VO ume of waste produced accordrnq to stru~ . .=;ra:.=.:...;1 d:::;.:e:.:St::ilgL:..:n ___ --+---=94..;.;;.948~1 i i I I I 1 I i ---~--------+-----~ I h. !current herd# 22001 I certified herd#[ 2880 I I I :1 ======:=========:=_ actual waste produced = current herd# x-1in_e...!...g-=---+------! '1----~----+-i ! 1 certified herd=-#:.:...__11------+------l ' ______ .1+'-------~----------~---~f~-~~----~··--~'~-----~~-----~ 72530 I I :-1 ---~--r~------..;;.i. .;...:.1 volu me of wash water according to structural design :--! ---+------1-.1 l ! I l 0 I ! 1-i ----l'----...~.:i ·..~,.;;~xcess rainfall over evaporation according to desig!;...:n--.--1---.....;;.::.::;.:;;:;., l j ' 40688 I I I 141145i ~-----+'---__:..:k::.+. (!!_nes h + i + i) x 7.48 x 30 days/line f= ._.....:... __ I i ~---~-----+------1 4 . Total PAN to b e land applied during draw down period . I i r-- 1 J ! I I I 1.1 rnent waste a~alysis dati 8.l1 .18 PoA (30 Day) 2/21/00 y/~ ' I 1.23 I ' 868.81 I ' I 00 69 t~C016 IYd KY ~t :Tl S lD~/60 :01 II. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD ANOiOR 25 YRJ24 I l HR. STORM STORAGE EL~VAllONS IN AU. WAS~ STRUCTURES fOR FACIL~. ! 1. FWcture ID: : K1 :1 I . ijne m = ====:J ;: 2. j'"'eiD K2 I i line m =~ f 3. 1 StructureiD: 1 ; I linem ===:j 1 4 . ;structure 10: . I line m = · i ;-------......;..--------: ~---------+~-----+-1 -!' s. Structure ID: 1 t line m =; J i I I ~-----~6~-TS~tru~ct=ur~e~ID~:~-------------J+----~--~I~in~e~m~=-~: -------~ :--' -t--1 ~---] j ,_ ___ --1'-____ n~. 1-'ines 1 + 2 ... 3 ... 4 ... s ... 6r I . 1353.1 1 ~Ill. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAY DRAW DOYn !PERIOD DO NOT UST FIELDS TO WHICH PAN CANNOT BE APPUED DURING THIS 30 DAY P I - 0 . tract# p. field# q. crop r. acres s. remam ing t. TOTAL PAN IRR·2PAN 8AlANCEFOR bollance (lblacte) AELO(Ibs..) cotumnrxs 11738 1A COASTAL 12.52 305.00 3818 .6 ;- ~state current cro p e nd ing application date or next crop applicati on beginning date for available f ece iv ing crops duri ng 3 0 day_ d raw d own period . [ I · 1 l i = 1 ~~-- !v. Total PAN available for all fields (sum of column tt = i 38 18.6 IJ. FACILITY'S PoA OVERALL PAN BALANCE I . : l I ! IM~->t:l'"/ s:ooo ® 0069 t~C 0 1 6 IV1 KV £t =l t 81 0~:t w. i Total PAN to be land applied (line n from section II) = 1353.11 x. i Crop's remaining PAN balance (line v from section Ill)= 3818 .61 ___ __,y.j Overall PAN balance (w-x) = 1 , -----+---...;:-2;;.;.466.;;.;_""+, --------~---------r---------------4,--------~ Line y must show as a deficit. If line y does not show as a deficit list course of action here including pump and haul. 1 depopulation, herd reduction, etc. For pump & haul and herd reduction options. reca lculate new PAN based on new ! information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance ! table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility. prov ide I information regarding the herd population and lagoon freeboard levels at the receiving facility. I Irrigation onto existing spray fields will continue as weather and field conditions permit Additional land is available for pumping if needed. PoA (30 Day) 2121/00 0/fo £11) (I (I [rJ !1;'A NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality - Coleen H. Sullins r;: ,..-~\fED----bee Freeman M and A Phillips, LLC King 1-8 903 Wards Bridge Rd Warsaw, NC 28398 Dear MandA Phillips, LLC:- Director October 1, 2009 DENR-F~ • . •Vi r LE REGiONAL OffiCE Subject: ---___ , ___ __. Certificate of Coverage No. A WS820656 King 1 - 8 Swine Waste Collection, Treatment, Storage and Application System Sampson County Secretary In accordance with your requests for renewal and change of ownership, we are hereby forwarding to you this Certificate of Coverage (COC) issued to M and A Phillips, LLC, authorizing the operation of the subject animal waste management system in accordance with General Permit AWGlOOOOO. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Anima l Waste Management Plan (CAWMP) for the King 1 -8, located in Sampson County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Wean to Feeder: Farrow to Finish: Feeder to Finish: 5760 Farrow to Wean: Farrow to Feeder: Boar/Stud: Gilts: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnec·essary, 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 Septe mber 30 , 2014, and shall hereby void Certificate of Coverage Number A WS820656 that was previously issued to this facility. 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 CA WMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. An y increase in waste produc tion 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 CA WMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Please pav careful attention to the record keeping and monitoring co nditi o ns in thi s permit. Record keepin!! form s are unchanged with this General Permit. Please continue to use the same record keepin !! forms. 1636 Mail Service Ceme r, Ralei:Jh, North Carolina 276 99-1636 Loca tion: 27 28 Capita l Blvd .. Raleig h. North Carolina 27604 Pho ne: 919-733-322 1 \FAX: 919-715..()588 I Cu stomer Se rvi ce : 1--877 -62 3-67 48 lntemer: www .ncwaterq uality.org One hC 1' Nort aroma )Vaturnl/!f 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 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 . Per 15A NCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 1 00-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the tenns 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 ci vil penalties, criminal penalties, and injunctive relief. If you wish to continue the activit y permitted under the General Permit after the expiration date of the General Permit, then 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. 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 Animal Feeding Operations Unit for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition Il.22 of the General Permit, waste application 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 for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Raleigh, NCNational Weather Service office at (919) 515-8209 , or by visiting their website at www .erh .noaa .gov/er/rah/ Thi s facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Aquifer Protection Staff may be reached at (910) 433-3300. If you need additional information concerning this COC or the General Permit , please contact the Animal Feeding Operations Unit staff at (919) 733-3221. Enclosure (General Permit A WG 1 00000) cc : (Certificate of Coverage only for all ccs) Fayetteville Regional Office , Aquifer Protection Section Sampson County Health Department Sampson County Soil and Water Conservation District Maxwell Foods Inc APS Central Files (Permit No . A WS820656) AFO Notebooks Sincerely, for Coleen H. Sullins • WASTE UTILIZATION PLAN Goldsboro Hog Farms, Inc. Saturday, August 03, 2002 Producer : M and A Phillips, LLC Farm Name: King 1-B 903 Wards Bridge Road Warsaw,NC 28398 Telephone# : (910) 290-0111 Type of Operation : Feeder to Finish Swine Number of Animals: 5760 hogs design capacity Application Method: Irrigation 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 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 contents 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 avaialable water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre-ca utions, waste may be applied to land eroding at up to 1 0 tons per acre 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 downwi nd odor problems. To maximize the value of the nutrients for crop production and t o reduce t he 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. This plan is based on waste application through ir rigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan . Nutrient levels for i njecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typ ica l nutrient content for this type of facility . Acr ea ge requirements should be based on the was te a nalysis re port from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by th e Environmental Management Commission . Page 1 AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 5760 hogs X 1.9 tons waste/hogs/year = 10944 tons AMOUNT OF PlANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 5760 hogs X 2.3 lbs PAN/hogs/year= 13248 PAN/year 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, soil type and suface application. TABLE 1 : ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE &CLASS-CROP YIELD LBS AW COMM ACRES LBS AW APPLIC. DETERMINING PHASE CODE N/ACRE N/ACRE USED TIME 10298 -1 NORFOLK 0-2% SG 1 100 0 2.79 279 SEP-MAR ----·---- 10298 1 NORFOLK 0·2"A. BH 6.5 325 0 2.79 906.75 MAR-AUG 10298 -2 NORFOLK 0-2% SG 1 100 0 6.61 661 SEP-MAR -----f---- 10298 2 NORFOLK 0-2% BH 6.5 325 0 6.61 2148.25 MAR-AUG 10298 -3 NORFOLK 0-2% SG 1 100 0 6.61 661 SEP-MAR 10298 3 NORFOLK 0-2% BH 6.5 325 0 6.61 2148.25 MAR-AUG --- 10298 -4 NORFOLK 0-2% SG 1 100 0 6.06 606 SEP-MAR 10298 4 NORFOLK 0-2% BH 6.5 325 0 6.06 1969.5 MAR-AUG 10298 -5 NORFOLK 0-2% SG 1 i 100 0 1.24 124 SEP-MAA 10298 5 NORFOLK 0-2"..b BH L_~ 325 0 1 24 403 MAR-AUG -t-=-::: ·-· 10298 -6 GOLDSBORO 0-2% SG ~ 0 5.58 558 SEP-MAR --MAR-AUG 10298 6 GOLDSBORO 0-2% BH ~ 5 0 5.58 1813.5 10298 -7 GOLDSBORO 0-2% SG 1 100 0 3.15 315 SEP-MAA 10298 7 GOLDSBORO 0-2% BH ~-325 ol 3.15 1023.75 MAR-AUG ·--TOTALS: 13617 -Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC 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 landowners must be attached.) (Required only if operator does not own adequate land . See requ ired specifications 2.) There are no Acres Leased -Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation * Acreage figures may exceed total acreage in field due to overseeding . **Lbs AWN (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied . The following legend explains the crop codes used in TABLES 1 and 2 above: CROP CODE CROP HYBRID BERMUDAGRASS-HAY UNITS TONS LBS N/UNIT 50 SMALL GRAIN OVERSEE DED AC 50 Page 3 TOTALS FROM TABLES 1 AND 2 ACRES LBSAW N USED AMOUNT OF N PRODUCED: 13,248 ,_ BALANCE -369 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres show in each of the preceeding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 2131.2 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis . This figure is PAN when broadcasting the sludge . Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. See the attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 5 .92 months. In no instance should the volume of waste being stored in your structure be within 1 feet of the top of the dike. If surface irrigation is the method of land application for this plan , it is the responsiblity of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in T abies 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amou nts . APPLICATION APPLICATION TRACT FIELD SOIL TYPE CROP RATE (in(hr) AMT (inches) ~~~ -~=:~';;'i'F~~~-b=:~~~--l !~ r-~: :: J 10 298 ..,, -7 GOLDSBORO 0·2"k SG 0.50 *1 1 10298 -=-~~-7--GOLDSBORO 0 ·2"/o --= -Bi"J-::_~~SO-•t_=j *This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because the nitrogen limitation. The maximum application amount shown can be applied under optimum so il conditions . Page 4 NARRATIVE OF OPERATION This WUP has been written by irrigation pulls utilizing a current FSA map to scale (1 "=660'). It utilizes the 100 lb overseed with the following conditions: (1) the bermuda cannot be land applied to after August 31, (2) the small grain must be land applied to in split applications between Sept -Oct 31 and Feb-Mar 31 with no iand application to small grain in Nov-Jan, and (3) the small grain must be removed by April?. This guidance provided by the 1217 lAG. This plan information was amended on February 6, 2009 to reflect a change in ownership only. In the event that the producer utilizes an aeroway for land application, per survey information provided by the producer, acreage for field 3 will be an additional 5.29 acres or a total of 28.6 acres. The acreage for field 4 will be an additional 3.37 acres or a total of 12.1 acres. Page 5 PLANS & 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. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. 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, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 1 0 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by OEM. (See FOTG Stantard 393-Filter Strips and Standard 390 Interim Riparian Forest Buffers). 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. Whe n animal waste is to be applied o n 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" in th e NRCS Tech nical Reference- Environment file for guidance.) *7. Liquid waste s hall 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 ca use drift from the site during application. No ponding should occur in order to control conditions con ducive to odor or flies and to provide uniformity of application. 8 . Animal waste shall not be applied to saturated soils, during rainfall events, or when the s urface is frozen. 9 . Animal was t e shall be applied on actively growing crops in such a manner that th e crop is not cove red with waste to a depth that would inhibit growth. 10 . W as te nutrients shall not be applied in fall or winter for spring planted crops on so ils with a high potential for leac hing. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover c rop planted to take up released nutrients. Waste shalt not be applied more than 30 days prior to planting of a crop on bare soil. 11. Any new swine facility sited on or after October 1, 1995 sha ll comply with the following: the outer perimeter of the land area onto whi c h waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from a ny residential property boundary Page6 and from any perennial stream or river (other that 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 landownwer. 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 croplands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, except when applied at agronomic rates and the application causes 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. *17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs , etc.). If needed, special vegetation shall be provided for these areas and 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. Lagoon 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 di re ct human consumption. However , if animal waste is used on crops for direct human consumption, it should only be applied as a preemergence with no other applications of 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 la goons . Pumping shall be manag ed to maintain the liquid level between the markers. A marker will be re quired to mark the maximum storage volume fpr 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 leve ls in the s oils s hall be monitored and alternative crop sites s hall b e used when these metals approach excessive levels. pH shall be adjusted for optimum crop production amd maintained . Soil and waste ana lysis records shall be kept for five (5) years. Poultry dry waste application records shall be maintained for thre e (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23 . D ead animals will be disposed of in a manner that meets North Carolina Department of Page7 Agriculture regulations. * liquid Systems Page 8 NAME OF FARM: King 1-8 OWNER I MANAGER AGREEMENT I (we) understand and will follow and implement the specifications and the operation and maintenance precedures estali shed 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/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to DEM before the new animals are stocked . I (we) understand that I must own or have acces to equipment, primarily irrigation equipment, to land apply the animal waste de scribed in this was te utilization plan . This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACI 0~ M and A Phillips, LLC c , ~r--oT DATE: ________ _ NAME OF MANAGER (if different from owner): ______________ _ please print SIGNATURE: DATE: ________ _ NAME OF TECHNICAL SPECIALIST: George H. Pettus AFFILIATION: Maxwell Foods, Inc. ADDRESS (AGENCY): PO Box 10009 Goldsboro, NC 27532 (919) 778-3130 SIGNATURE : __ __,/!1f----7L'"<-~~..::...:..__ ___ _ DATE: 06 t-1kf ()'{ Page 9 WASTE UTILIZATION PLAN • Goldsboro Hog Farms, Inc. Saturday, August 03,2002 Producer: M and A Phillips , LLC Farm Name : King 1-8 903 Wards Bridge Road Warsaw,NC 28398 Telephone#: (910) 290-0111 Type of Operation : Feeder to Finish Swine Number of Animals : 5760 hogs design capacity Application Method: Irrigation RECEIVED I.PR 0 9 2111 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 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 contents 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 avaialable water holding capacities . Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre-cautions, waste may be applied to land eroding at up to 10 tons per acre 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 wh ich is not allowed under OEM regulations . Wind conditions should also be considered to avoid drift and downwi nd odor problems. To maximize the value of the 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 cqnserve nutrients and reduce odor problems . This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in th e future, you need to revise this plan . Nutrient levels for injecting waste and irrigating waste are not the same. The es timated 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 sampl ing techniques, preparation, and transfer of waste samples to the lab for ananlysis . 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 AMOUNT OF WASTE PRODUCED PER YEAR (gallons , ft3 , tons, etc.) 5760 hogs X 1.9 tons waste/hogs/year = 10944 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 5760 hogs X 2 .31bs PAN/hogs/year= 13248 PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the wa s te in a timely manner. The following acreage will be needed for waste application based on the crop to be grown , soil type and suface application. TABLE 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE &CLASS· CROP YIELD LBS AW COMM ACRES LBS AW APPUC. DETERMINING PHASE CODE N/ACRE N/ACRE USED TIME 10298 -1 NORFOLK 0 -2% SG 1 100 0 2 .79 279 SEP -MAR 10298 1 NORFOLK 0 -2% BH 6.5 325 0 2 .79 906.75 MAR-AUG 10298 -2 NORFOLK 0 -2% SG 1 100 0 6 .61 661 SEP -MAR 10298 2 NORFOLK 0 -2% BH 6 .5 325 0 6 .61 2148.25 MAR-AUG 10298 -3 NORFOLK 0 -2% SG 1 100 0 6 .61 661 SEP-MAR 10298 3 NORFOLK 0-2% BH 6.5 325 0 6.61 2 148.25 MAR-AUG 10298 -4 NORFOLK 0-2% SG 1 100 0 6 .06 606 SEP-MAR 10298 4 NORFOLK 0 -2% I BH 6 .5 325 0 6 .06 1969.5 MAR-AUG 10298 -5 NORFOLK 0-2% SG · 1 100 0 1 .24 124 SEP·MAR 10298 5 NORFOLK 0 ·2% BH 6.5 325 0 1 .24 403 MAR-AUG 10298 -6 GOLDSBORO 0-2% SG 1 100 0 5.56 558 SEP-MAR 10298 6 GOLDSBORO 0 -2% BH 6.5 3251 0 5 .58 1813.5 MAR-AUG 10298 -7 GO LD SBORO 0 -2% SG 11 100 0 3 .15 315 ·sEP-MAR 10298 7 GOLDSBORO 0·2°k BH 6 .5 32 5 0 3 .15 1023.75 MAR-AUG TOTALS: 13617 -Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation NOTE: The applicator is ca uti o ned that P and K may be over appli ed while meeting the N requirments . Be ginning in 1996 the Coastal Zone Management Act will require farmers in some e astern counties of NC to have a nutrient management plan th at addresses all nutrients . Thi s plan only addresses Nitrogen. · Page 2 TABLE 2 : ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2 .) There are no Acres Leased -Indicates that this field is being overseeded (i.e . interplanted) or winter annuals follow summer annuals. * Indicates a ·crop Rotation * Acreage figures may exceed total acreage in field due to overseeding . **Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in TABLES 1 and 2 above: CROP CODE CROP UNITS LBS N/UNIT HYBRID BERMUDAGRASS ·HAY TONS 50 SMALL GRAIN OVERSEEDED AC 50 Page 3 TOTALS FROM TABLES 1 AND 2 ACRES !TABLE 1 TOTALS: AMOUNT OF N PRODUCED: ...,.BALANCE LBSAW N USED 13,617 l 13,617 13,248 -369 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres show in each of the preceeding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary measures to prevent over application of nutrients or other elements . Your production facility will produce approximately 2131 .2 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. See the attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size , and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. , Your facility is designed for 180 days of temporary s torage and the temporary storage must be removed on the average of once every 5.92 months. In no instance should the volume of waste being stored in your structure be within 1 feet of the top of the dike. If surface irrigation is the method of land appli cation for this plan, it is the re sponsiblity of the producer and irrigation desig ner to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended ra tes and amounts of Nitrogen shown in the tabl es may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. APPLICATION APPLICATION TRACT FIELD SOIL TYPE CROP RATE {in/hr) AMT (inches) 10298 -1. -2. -3. -4, -5 NOR F OLK 0 -2% SG 0 .50 ., 10298 1. 2, 3,4 . 5 NORFOLK 0·2"A> BH 0.50 ., 10298 -6,-7 GOLD SBORO 0 ·2% SG 0.50 *1 10298 (,. i GOLDS BORO 0 -2% BH 0.50 *1 ~·-~···--·~-* This is th e maximum application am ou nt a ll owed fo r the soil assuming t he amount of nit rog e n allowe d for the crop is not over appli ed. In many situations, the applica t io n amount shown ca nnot b e applied be cause the nitrog e n limitation . Th e maximum application amount s hown ca n be applied under optimum soil conditions . Page4 NARRATIVE OF OPERATION This WUP has been written by irrigation pulls utilizing a current FSA map to scale (1 "=660'). It util izes the 1 00 lb overseed with the following conditions: ( 1) the bermuda cannot be land applied to after August 31, (2) the small grain must be land applied to in split applications between Sept-Oct 31 and Feb-Mar 31 with no land application to small grain in Nov-Jan , and (3) the small grain must be removed by April 7 . This guidance provided by the 1217 lAG . This plan information was amended on February 6, 2009 to reflect a change in ownership only. Page 5 PLANS & 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 rea c hes surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every day the discharge continues. 2 . The Field Office must have documentation in the design folder that the producer either owns or has long te rm access to adequate land to properly dispose of waste . If the producer does not own adequate land to properly dispose of waste, he shall provide NAGS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. 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 th e 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, climate conditions , and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternatiye Conservation System (ACS). !(an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field . These filter strips will be in addition to "Buffers" required by DEM . (See FOTG Stantard 393-Filter Strips and Standard 390 Interim Riparian Forest Buffers). 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 wa st e 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 s eason prone to flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance.) *7 . Liquid waste shall be applied at rates not to e x~eed the soil infiltratio n rate su ch that runoff does not occur offsite or to surface waters and in a method which doe s not cause drift from the site during appl ication . No ponding should occur in order to control c onditions conducive to odor or flies and to provide uniformity of application . 8. Animal waste shall not be applied to saturated soils, during ra i nfall e vents, or when the surface is frozen . 9 . Animal was te shall be appli ed on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. 10. Waste nutrients shall n ot be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on the se soils should be held to a minimum and a suitable winter cover crop planted to take up relea sed nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare so il. 11 . Any new swine facility sited on or after October 1, 1995 shall comply with the following : the outer pe rim eter of th e land area onto which waste is applied from a lagoon that is a compon ent of a swine farm shall be at least 50 feet from any resid e ntial property bounda r y Page 6 · .. and from any perennial stream or river (other that 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 1 00 feet to wells . 13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those owned by the landownwer. 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 croplands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, except when applied at agronomic rates and the application causes 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. *17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc .). If needed, special vegetation shall be provided for these areas and 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. Lagoon berms and structures should be inspected regularly for evidence of erosi on, leakage or discharge. *18. If animal productio n at the facility is to be suspended or terminated , the own e r is responsible for obtaining and implementing a "closure plan" which will eliminate th e 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 appli ed as a preemergence with no other applicati ons of animal waste during the c rop season. *21. Highly visible markers shall be installed to mark the top and bottom elevations of the te mporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers . A mark er will be requir ed to mark the maximum storage volume fpr waste storage ponds . 22. Waste shall be tested within 60 days of utilization and soil shall be tes ted at least annually at crop s ites where waste products are appli ed . Nitrogen shall be the rate -determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when th ese metals approach excessive levels. pH shall be adjusted for optimum crop production amd maintained . Soil and waste analysis records shall be kept for five (5) years. Poultry dry wa ste application records shall be maintained for th re e (3) years. Was te application records 1or all other wast e shall be maintained for five (5) years. 23. Dead animals will be disposed of in a m an ner that meets Nort h Carolina De partment of Page 7 Agriculture regulations. * Liquid Systems Page 8 NAME OF FARM: King 1-8 OWNER I MANAGER AGREEMENT I (we} understand and will follow and implement the specifications and the operation and maintenance precedures estalished 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/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to OEM before the new animals are stocked. I (we} understand that I must own or have acces to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs . NAME OF FA9l/JTY ~ M and A Phillips, LLC _ - 0 SIGNATURE! f{ht_ DATE:~ '2.-0 '1 NAME OF MANAGER (if different from owner): ______________ _ please print SIGNATURE: DATE: ________ _ NAME OF TECHNICAL SPECIALIST: George H. Pettus AFFILIATION: Maxwell Foods, Inc. ADDRESS (AGENCY): PO Box 10009 Goldsboro, NC 27532 ~3130 SIGNATURE : __ __,~~~l...lo<....:c.::.._ ____ _ DATE: '71/ ~ "2i;olf Page 9 • August 10, 2007 Maxwell Foods, Inc List of Maxwell Foods, Inc facilities granted sludge survey extension . Permit Facility #of lagoons Number Number Facility Name at the facility AWS310223 31-223 Albertson Fann 2 AWS400042 40-42 Blizzard Nursery '& Finishing 2 AWS310043 31-43 Case Fann I AWS960213 96-213 Dairy Swine Fann #l & #2 2 AWS960035 96-35 Exum Mills Sow 2 AWS310848 31-848 Friendship 5 AWS400047 40-47 Della M Ginn Farm I AWS400151 40-151 H G M a xwell , 111 I AWS070014 07-14 Hodges Sow Fann 3 AWS080034 08-34 Indian Woods 2 AWS820656 82-656 King 1-8 2 AWS820003 82-03 King 9-16 2 AWS540140 54-140 LC Fann 2 AWS960098 96-98 Nahunta Sow# 1, #2, & is olation 3 AWS660084 66-84 Plantation Sow Fann 3 AWS310103 31-103 Quinn Sow 3 AWS080002 08-02 Rep ublican Sow Fann 3 AWS960034 96-34 Sasser Sow Fann 3 AWS400022 40-22 Seymour Fanns I AWS960215 96-215 Smith Person Farm 1 AWS960033 96-33 Squirrel RidgeSow 3 AWS310060 31-60 Sunshine Nurseri es 2 AWS740014 74-14 Worthington Farms Inc-finishing farm I #of lagoons Exempted Exempted Lagoons 2 Lagoon #I & #2 2 La go on #I & #2 I L ag_oon #I 2 Lagoo n #I & #2 ,. Lagoon #2 5 Lagoon #1, 2, 3, 4, & 5 1 Lagoon #I I Lagoon #I 3 Lagoon #I, #2, & #3 0 - 2 Lagoon #I & #2 2 Lag oon #I & #2 2 Lagoon # 1 & #2 3 Lagoon #I. #2 , & #3 2 Lagoon #2 , & #3 2 Lagoon #I, & #2 3 Lagoon #I , #2, & #3 3 Lagoon #I , #2 , & #3 I Lagoon #I 1 Lagoo n #I 3 Lag_oon #I , #2, & #3 2 Lagoon # 1 & #2 1 Lagoo n #I ·nue to the amount of tre atment volume available, and the rate of sludge accumulation, DWQ feels that an extension is not appropriate for Lagoon #I at facility #96-35, the two lagoons at facility# 08-34, Lagoon #1 at facility# 66 -84 , and Isolation lagoon (Lagoon #3) at facility 31-103 . . ..,.. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality August I 0, 2007 r RECE\\Jt.U ~UG-\S 1ll1 ..., ' Goerge H Pettus Maxwell Foods, Inc 943 Millers Chapel Rd POBox 10009 Goldsboro, NC 27532 c~·~Llt REG\OtW..Oifl~ \ oem-r,.1t' "·" - RE: Sludge Sutvey Testing Dates Dear George H Pettus: The Division of Water Quality (Division) received your sludge sutvey information for many of your farms on July 31,2007. With the sutvey results, you requested an extension ofthe sludge survey requirement for the lagoons at those facilities not to be required until2009. Due to the amounts of treatment volume available, the Division agrees that a sludge survey is not needed until 2009 for the lagoons that are listed on the attached table. For these lagoons, the results of the 2009 sludge sutvey are to be submitted by March 1, 2010. However, due to the amount oftreatment volume available, and the rate of sludge accumulation, the Division feels that an extension is not appropriate for Lagoon #1 at facility #96-35, the two lagoons at facility# 08-34, Lagoon #1 at facility# 66-84, and Isolation lagoon (Lagoon #3) at facility 31-103. The next sludge survey for these lagoons should be performed before December 31, 2007 .. Thank you for your attention to this matter. If you have any questions, please call me at (919) 715-6937 .. Attachment Extension List cc: Regional Offices, Aquifer Protection Section Central Files Aquifer Protection Section Internet: www.ncwatcrguality.org 1636 Mail Service Center Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Sincerely, Miressa D. Garoma Animal Feeding Operations Unit Raleigh, NC 27699-1636 Raleigh, NC 27604 Telephone: Fax 1: Fax 2: Customer Service: One • N..PfthCarohna ;Vnlurnllu (919) 733-3221 (919) 715-05!1!1 (919) 715-6048 (877) 623-6748 Maxwell Foods Inc King 1-8 PO Box 10009 Goldsboro, NC 27532 Dear Maxwell Foods Inc: July 1, 2007 Michael f. Easley, Governor William G . Ross Jr .. Secretary North Carolina Department of Environment and Natural Resources Colc:cn H. Sullins, Director Division of Water Quality JUN l7 2007 I '.; :, . •: 1 • ~ 1.Hf: R£2iGNAL OffiCE ' -.. --~--- Subject: Certificate of Coverage No. A WS820656 King I -8 Animal Waste Management System Sampson County In accordance with your application received on 17-Jan-07, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Maxwell Foods Inc, authorizing the operation of the subject animal waste management system in accordance with General Permit A WG 100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the King 1 -8, located in Sampson County, with an animal capacity of no greater than the following swine annual averages: Wean to Finish: 0 Feeder to Finish: 5760 Boar/Stud: 0 Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0 Farrow to Finish: 0 Farrow to Feeder: 0 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 September 30 , 2009 and replaces the NPDES COC issued to this facility with an expiration date of July 1, 2007. You are required to continue conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension in Condition ill.I9 does not apply. 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 CA WMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational infonnation 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 CA WMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. Aquifer Protection Section Internet: www.ncwatergualit y.org 1636 Mail Service Center Location : 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer-50% Recyded/1 0% Post Consumer Paper Raleigh. NC 27699-1636 Raleigh, NC 27604 Telephone: Fax 1: Fax2: Customer Service: ~Carolina ;vatruallu (919) 733-3221 (9 19) 7 15-058 8 (9 19) 7 15-6048 (877) 623-6748 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. UP9n 'abandonment or depopulation for a period of four years or more, the Permittee must submit d~um~tation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 02T .Olll(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 1 00-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field . Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS standards and the permit is rescinded by the Division. Please be advised that any violation of the tenns and conditions specified in this COC, the General Permit or the CA WMP 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 1 80 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. If any parts, requirements, or limitations contained in this COC are unacceptable, you ha~e 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 Fayetteville Regional Office. The Regional Office Aquifer Protection staff may be reached at 910-433-3300. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 73.3- 3221. Sincerely, for Coleen H . Sullins Enclosures (General Permit AWG 100000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Sampson County Health Department Sampson County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File A WS820656 December 1, 2006 CERTIFIED MAIL Michael F . Easley, Governor William G. Ross Jr., SecretaJy North Carolina Depanment of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RETURN RECEIPT REQUESTED RECEIVED DEC 06 m; Maxwell Foods Inc King 1-8 PO Box 10009 Goldsboro, NC 27532 0ENR -FAmmtlfREGfONALOffiCE Subject: Application for Renewal of Coverage for Expiring NPDES General Permit Dear Permittee: Your facility is currently approved for operation under one of the Animal Waste Operation NPDES General Permits, which expire on July I, 2007. Due to changes in federal rules, facilities that do not discharge nor propose to discharge may choose whether or not to retain coverage-under an NPDES General Permit. Copies of the draft animal waste operation NPDES general permits and the State Non-Discharge General Permits are available at http://h2o.enr.state.nc.us/aps/afou/downloads.htm or by writing or calling: NCDENR-DWQ Animal Feeding Operatio ns Unit 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 733-3221 In order to assure your continued coverage under one of these two types of 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 NPDES General Permit.' The application form must be completed and returned by January 2, 2007. Please note. you must include two (2) copies of your 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 v iolation 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 draft 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, v~:~ Enclosures cc (w/o enclosures): Ted L. Bush, Jr., Chief Aquifer Protection Section Sampson County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files-820656 Circle Q Farms Inc Aquifer Protection Section Internet: www.ncwatmualitv.mg 1636 Mail Service Center Location: 2728 Capital Boulevard Raleigh. NC 2 7699-1 636 Raleigh. NC 27604 An Equal Opportunity/Affirmative Action Employer-50% Recyded/1 0% Post Consumer Paper Telephone: fax 1: Fax 2 : Customer Service: N,?.(thCarolina (9 19) v!Y..atrl!f!IIU (9 19) 715-0588 (919) 715-6048 (877) 623-6748 ANIMAL FACILITY ANNUAL CERTIFICATION FORM Certificate of Coverage or Permit Number ...;..N;....;;C...;..A2_8_26..;...5;....;6'----County Sampson Year 2005 __ :....:_:_ __ _ Facility Name (as shown on Certificate of Coverage or Permit) King 1-8 Farm Operator in Charge for this Facility Brandon Whitfield Certification # 19988 Land application of animal waste as allowed by the above permit occurred during the past calendar year X YES NO. If NO, skip Part I and Part II and proceed to t~c~fi<;~~on.~,;\animal waste was generated but not land applied, please attach an explanation on how the animal wast~h:ti'~a\·1ateH.r NU Part I : Facility Information: 1. Total number of application Fields or pulls Certified Animal Waste Management Plan (CAWMP): Total Useable Acres approved in the CAWMP: 32.04 MAR 0 6 2006 ow a X !(please check the appropriate box) in the 7 2 . Total number of a pplication Fields or pulls X !{please check the appropriate box) on which land application occurred during the year: __ 6 __ Total Acres on which waste was applied _3_0_.8 __ _ 3 . Total pounds of Plant Available N itrogen (PAN) applied during the year for all application sites: 2,816.59 4 . Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: 13,617 --~--------------------- 5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken off site during the year N/A tons I I or gallons I I (please check the appropriate box} 6 . Annual average number of animals by type at this facility during the previous year: 4 ,921 7 . Larg es t and smallest number of animals by typ e at this facility at any one time during th e previous year: Largest 6,960 --~----------------Smallest 805 --~~-------------- (The se numbers are for informational purposes only since the only permit limit on the number of animals at the facility is the annual average numbers ) 8. Facility's Integrator if applicable: N/A ------------ Part II : Facility Status: IF TH E ANSWER TO ANY STATEMENT BELO W IS "NO", P LEASE PROVIDE A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE , AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED T O BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE 1 . Only animal waste generated at th is facility was app lied to the permitted sites during the past calendar year. X Yes No ANIMAL FACILITY ANNUAL CERTIFICATION FORM 2. The facility was operated in such a way that there was no direct runoff of waste from the facility (including the houses, lagoons/storage ponds and the application sites) during the past calendar year. 3. There was no discharge of waste to surface water from this facility during the past calendar year. 4. There was no freeboard violation in any lagoons or storage ponds at this facility during the past calendar year. 5. There was no PAN application to any fields or crops at this facility greater than the levels specified in this facility's CAWMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon was designed or reduce the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed. B. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. 9. Annual soils analysis were performed on each field receiving animal waste during the past calendar year. 10. Soil pH was maintained as specified in the permit during the past calendar Year? 11 . All required monitoring and reporting was performed in accordance with the facility's permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality . 13. Crops as specified in the CAWMP were maintained during the past calendar year on all sites receiving animal waste and the crops grown were removed in accordance with the facility's permit. 14. All buffer requirements as specified on the permit and the CAWMP for this facility were maintained during each application of animal waste during the past calendar year. X X X X X X X X X X X X X Yes Yes L--_...J Yes Yes Yes Yes L----' Yes Yes Yes ,____ _ __. Yes ._ _ _, Yes L----' Yes .____ _ __. Yes "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is. to the best of my knowledge and belief, true, accurate, and complete . I am aware that there are significant penalties for submitting fals e information, including the possibility of fines and imprisonment for knowing violations." ~ ~eN ' .• , Signature of Operator in Charge ( if different from permittee) ~Dale No No No No No No No No No No No No No ANIMAL FACILITY ANNUAL CERTIFICATION FORM Certificate of Coverage or Permit Number ..:..N:....:C:..:.A2..::::..:8~2-=-00:...3;;___ __ County Sampson Year 2005 ....;_;....;;....;; ___ _ Facility Name (as shown on Certificate of Coverage or Permit) King 9-16 Operator in Charge for this Facility Brandon Whitfield Certification # 19988 Land application of animal waste as allowed by the above permit occurred during the past calendar year X YES NO. If NO , skip Part I and Part II and proceed to the certification . Also, if animal waste was generated but not land applied, please attach an explanation on how the animal waste was handled . Part I : Facility Information: 1. Total number of application Fields or pulls Certified An imal Waste Management Plan (CAWMP}: Total Useable Acres approved in the CAWMP: 36.06 X !(please check the appropriate box) in the 10 2 . Total number of application Fields or pulls X !(please check the appropriate box) on which land appl ication occurred during the year: 9 Total Acres on which waste was applied 34.82 __ ....;_;;____ ------- 3 . Total pounds of Plant Available Nitrogen {PAN) applied during the year for all application sites: 4,063.92 4 . Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: 13,357 --~--------------------- 5. Estimated amount of total manure, litter and process wastewater sold or given to ther Jersons and taken off site during the year N/A tons I I or gallons (please check the appropriate box ) 6 . Annua l average number of animals by type at thi s facility during the previous year: 4 ,136 7 . Largest and smallest number of animals by type at this facility at any one time during the previous year: Largest __ ....:5..!...,3:....:5:....:6;;___ __________ _ Small est 0 ----~------------- (These numbers are for informational purposes only since the only permit limit on the number of animals at the fa cility is the annual average numbers} 8. Fa ci lity's Integrator if applicable: N/A ------------ Part II: Facility Status: IF THE ANSWER TO ANY STATEMENT BELOW IS "NO", PLEASE PROVIDE A WRITIEN DESCRIPTION AS TO WHY THE FACILITY WA S NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE , AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO BE TAKEN TO BRING TH I S FACILITY BACK INTO COMPLIANCE 1. Only animal waste generated at this fac il ity was applied to the permitted sites during the past calendar year. X Yes L---' No ANIMAL FACILITY ANNUAL CERTIFICATION FORM 2. The facility was operated in such a way that there was no direct runoff of waste from the facility (including the houses, lagoons/storage ponds and the application sites) during the past calendar year. 3. There was no discharge of waste to surface water from this facility during the past calendar year. 4. There was no freeboard violation in any lagoons or storage ponds at this facility during the past calendar year. 5. There was no PAN application to any fields or crops at this facility greater than the levels specified in this facility's CAWMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon was designed or reduce the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed. 8. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. 9. Annual soils analysis were performed on each field receiving animal waste during the past calendar year. 10. Soil pH was maintained as specified in the permit during the past calendar Year? 11. All required monitoring and reporting was performed in accordance with the facility's permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality. 13. Crops as specified in the CAWMP were maintained during the past calendar year on all sites receiving animal waste and the crops grown were removed in accordance with the facility's permit. 14. All buffer requirements as specified on the permit and the CAWMP fo r this facility were maintained during each application of animal waste during the past calendar year. X X X X X X X X X X X X X Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified pe rsonnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the sys tem, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that the re are significant penalties for submitting false information, including the possibility of fines and im prisonment for knowing violations." Q.[j,~~~v ie-~ · .~itle ypeorprint) -v) -v/Dt:, Signature of Operator in Charge (if different from permittee) Date No No No No No No No No No No No No No • ANIMAL FACILITY ANNUAL CERTIFICATION FORM Year 2004 Certificate of Coverage or Permit Number ..:..N:...:C:..:..A2=8=-26=...;5:....:6~--County Sampson ----- Facility Name (as shown on Certificate of Coverage or Permit) King 1-8 Farm Operator in Charge for this Facility Brandon Whitfield Certification # 19988 Land application of animal waste as allowed by the above permit occurred during the past calendar year X YES NO. If NO, skip Part I and Part II and proceed to the certification. Also, if animal waste was generated but not land applied, please attach an explanation on how the animal waste was handled. Part I : Facility Information: 1. Total number of application Fields ·1 or pulls Certified Animal Waste Management Plan (CAWMP): Total Useable Acres approved in the CAWMP: 32.04 X l(please check the appropriate box) in the 7 2. Total number of application Fields or pulls X I (please check the appropriate box) on which land application occurred during the year: 7 Total Acres on which waste was applied _3:...:2;;.;...0;;.;..4 __ _ 3. Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites: 5,574.81 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: 13,617 --~--------------------- 5. Estimated amount of total manure, litter and process wastewater sold or given to other persons and taken off site during the year N/A tons I I or gallons I I (please check the appropriate box) 6. Annual average number of animals by type at this facility during the previous year: 5,136 7. Largest and smallest number of animals by type at this facility at any one time during the previous year: Largest 7,541 --~--------Smallest _...:;1.!..,4:...:8:....:1 ______ _ (These numbers are for informational purposes only since the only permit limit on the number of animals at the facility is the annual average numbers) RECEIVED 8. Facility's Integrator if applicable: N/A FEB 2 8 2005 Part II: Facility Status: DENR-FAYETTEVILLE REGIONAL OFACE IF THE ANSWER TO ANY STATEMENT BELOW IS "NO", PLEASE PROVIDE A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE 1. Only animal waste generated at this facility was applied to the permitted sites during the past calendar year. X Yes ....__ ..... No ANIMAL FACILITY ANNUAL CERTIFICATION FORM 2. The facility was operated in such a way that there was no direct runoff of waste from the facility (including the houses,,lagooos/~~rage ponds and the application sites) during the past calendar year. · 3. There was no discharge of waste to surface water from this facility during the past calendar year. 4. There was no freeboard violation in any lagoons or storage ponds at this facility during the past calendar year. 5. There was no PAN application to any fields or crops at this facility greater than the levels specified in this facility's CAWMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon was designed or reduce the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed. B. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. 9. Annual soils analysis were performed on each field receiving animal waste during the past calendar year. 10. Soil pH was maintained as specified in the permit during the past calendar Year? 11. All required monitoring and reporting was performed in accordance with the facility's permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality. 13. Crops as specified in the CAWMP were maintained during the past calendar year on all sites receiving animal waste and the crops grown were removed in accordance with the facility's permit. 14. All buffer requirements as specified on the permit and the CAWMP for this facility were maintained during each application of animal waste during the past calendar year. X Yes .___ _ _, X Yes .___ _ _, X Yes X Yes .___ _ _, X Yes .___ ..... X Yes .__ _ _, X Yes L.........-....1 X Yes X Yes X Yes X Yes L----' X Yes L.........-....1 X Yes "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or No No No No No No No No No No No No No those persons directly responsible for gathering the information, the information submitted is , t.~:;:~~t~o~f~:';':'"'~--­ my knowledge and belief, true, accurate, and complete. I am aware that there are significant ~naltie~Cf/\ submitting false information, including the possibility of fines and imprisonment for knowing vi lations." 1 · · fED t \ (;) \ I i FEB 2 8 2005 \A_b \tw-.ru lej}jy= (;CAJ-~~ DENR r:~ ~i (typOoij'jnt) , J J -FAlUJt\!llERfGiONN.Offlc; · ~ rV/VI/Os- Signature of permittee ~Date &~ wb!IJJ 1-/~t/o~ Signature of Operator in Charge r ~ate ( if different from permittee) ANIMAL FACILITY ANNUAL CERTIFICATION FORM Certificate of Coverage or Permit Number _N_C_A2-'--8_2_00_3~--County Sampson Year 2004 Facility Name (as shown on Certificate of Coverage or Permit) King 9-16 Operator in Charge for this Facility Brandon Whitfield Certification# 19988 Land application of animal waste as allowed by the above permit occurred during the past calendar year X YES NO. If NO, skip Part I and Part II and proceed to the certification. Also , if animal waste was generated but not land applied, please attach an explanation on how the animal waste was handled. Part I : Facility Information: 1. Total number of application Fields I or pulls Certified Animal Waste Management Plan (CAWMP): Total Useable Acres approved in the CAWMP: 36.06 X !(please check the appropriate box) in the 10 2. Total number of application Fields or pulls X !(please check the appropriate box) on which land application occurred during the year: 10 Total Acres on which waste was applied _3_6_.0_6 __ _ 3. Total pounds of Plant Available Nitrogen (PAN) applied during the year for all application sites: 5,470.84 4. Total pounds of Plant Available Nitrogen (PAN) allowed to be land applied annually by the CAWMP and the permit: _..;..13;;..:'..;..35.;;...7;__ ________ _ 5. Estimated amount of total manure, litter and process wastewater sold or given to ther Jersons and taken off site during the year N/A tons I I or gallons (please check the appropriate box) 6. Annual average number of animals by type at this facility during the previous year: 4,680 7. Largest and smallest number of animals by type at this facility at any one time during the previous year: Largest _....;;6..:..,1;..;;3....;;9 ______ _ Smallest 0 __ ;..._ _____ ___ (These numbers are for informational purposes only since the only permit limit on the number of animals at the facility is the annual average numbers) 8. Facility's Integrator if applicable: _N...;../A....;.._ ____ _ Part II: Facility Status: IF THE ANSWER TO ANY STATEMENT BELOW IS uNO", PLEASE PROVIDE A WRITTEN DESCRIPTION AS TO WHY THE FACILITY WAS NOT COMPLIANT, THE DATES OF ANY NON COMPLIANCE, AND EXPLAIN CORRECTIVE ACTION TAKEN OR PROPOSED TO BE TAKEN TO BRING THIS FACILITY BACK INTO COMPLIANCE 1 . Only animal waste generated at this facility was applied to the perm itted sites during the past calendar year. X Yes !..__ _ _, No ANIMAL FACILITY ANNUAL CERTIFICATION FORM 2. The facility was operated in such a way that there was no direct runoff of waste from the facility (including the houses, lagoons/storage ponds and the application sites) during the past calendar year. 3. There was no discharge of waste to surface water from this facility during the past calendar year. 4. There was no freeboard violation in any lagoons or storage ponds at this facility during the past calendar year. 5. There was no PAN application to any fields or crops at this facility greater than the levels specified in this facility's CAWMP during the past calendar year. 6. All land application equipment was calibrated at least once during the past calendar year. 7. Sludge accumulation in all lagoons did not exceed the volume for which the lagoon was designed or reduce the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed. 8. A copy of the Annual Sludge Survey Form for this facility is attached to this Certification. 9. Annual soils analysis were performed on each field receiving animal waste during the past calendar year. 10. Soil pH was maintained as specified in the permit during the past calendar Year? 11 . All required monitoring and reporting was performed in accordance with the facility's permit during the past calendar year. 12. All operations and maintenance requirements in the permit were complied with during the past calendar year or, in the case of a deviation, prior authorization was received from the Division of Water Quality. 13 . Crops as specified in the CAWMP were maintained during the past calendar year on all sites receiving animal waste and the crops grown were removed in accordance with the facility's permit. 14. All buffer requirements as specified on the permit and the CAWMP for this facility were maintained during each application of animal waste during the pas t calendar year. X X X X X X X X X X X X X Yes Yes .._ _ _, Yes .__ _ _, Yes L----....1 Yes .._ _ _, Yes L...--..J Yes Yes Yes Yes Yes Yes Yes "I certify und er pen alty of law that this document and all attachments were prepared u nder my direction or supervis ion in accordance with a system designed to assure that qualified personnel properly gather and evalu ate the information submitted. Based on my inquiry of the person or persons who manage the system, or those person s directly responsible for gathering the information, the informatio n submitted is, to the best of my knowledge and belief, true, accurate , and complete . 1 am aware that there ar e s ignificant penalties for submitting fal se· rmation, including the possibility of fines and imprisonment for knowing violati ons." Signature of permittee f2J~ wh, fft-kl Signature of Operator in Charge ( if different from permittee) • Date FEB 2 8 2005 No No No No No No No No No No No No No DENR-FA YEITE\1Llf REGimJAL OFRCE DENA-FRO APR - 5 200/t DWQ M ichael F. Ea sley, Governor William G. Ros s Jr .• Secretary North Carolina Department of Environment and Natural Resources Al an W . Klimek, P. E ., Director Colaen H. Sullins, Deputy Director Division of Water Quality March 31, 2004 Attn: Mr. George Pettus Maxwell Foods Inc. King 1-8 Farm PO Box 10009 Goldsboro, NC 27532 Dear Mr. Pettus: Subject: Certificate of Coverage No. NCA28 2656 King 1-8 Farm Swine Waste Collection, Treatment, Storage and Applica tion System Sampson County In accordance with your Notification of Change of Ownership received on February 8, 2004 we are hereby forwarding to you this Certificate of Coverage (COC) issued to Maxwell Foods, Inc., authorizing the operation of the subject animal waste collection, treatment, storage and land application system in . accordance with NPDES Gene ral Pennit NCA200000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the King 1-8 Farm, located in Sampson Co unty, with an animal capacity of no greater than a n annual average of 5760 Feeder to Finish s wine and the application to land as specified in the facility's Cert ified Animal Waste Management Plan (CA WMP). 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 equiva lent number of sows. Any of the sows may be replaced by g ilts at a rate of 4 gilts for every 3 sows The COC shall be effective from the date of issuance until July 1, 2007 and shall hereby void Certi fi cate of Coverage Number NCA282656 dated April 9, 2003 . 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 CA WMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operationa l information mus t be established for thi s facility. Any increase in waste production greater than the c ertifie d design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to theCA WMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals . Please carefully read this COC and the enclosed General Permit. Since this is a new joint State and Federal general permit it contains many new require ments in addition to most of the conditions contained in the curre nt State general permit. Enclosed for your convenience is a package containing th e n e w and revised fonns used for record keeping and reporting. Please pay careful attention to the record keeping and monitoring conditions in this permit. The Animal Facility Annual Certification Form must be completed and returned to the Division of Water Quality by no later than March 1st of each year. If your Waste Utilization Plan has been developed based on site s pecific information, careful evaluation of future samples is necessary. Should your records show that the curre nt Waste Utilization Plan is inaccurate you will need to have a ne w Waste Utilization Plan developed. Non-Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Customer Service Center An Equal Opportunity Action Employer Internet http://h2o.enr.state.nc.us/ndpu Telephone (9 19) 733·5083 Fax (919)715-6048 Telephone 1-877 -623·67 48 50% recycled/1 0 % post-consumer paper 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. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility . Per 15A NCAC 2H .0225(c) a compliance bounda ry is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation shall be maintained between wa ter 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 CA WMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215 .6C, the Clean Water Act and 40 CFR 122.41 i ncluding 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 day s 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. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual NPDES Permit by contacting the staff member listed below for infonnation 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 Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (910) 486-154 1. If you need additional information concerning this COC or the General Permit, please contact Duane Leith at (919) 733-5083 ext. 370. Sincerely, for Alan W . Klimek, P .E. Enclosures (General Permit NCA200000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Colon K. Quinn, Pork Haven Farm Sa mpson County Health Department Fayetteville Regional Office, Water Quality Section Sampson County Soil and Water Conservation District Permit File NCA282656 NDPU F iles