02 NCAC 59E .0104. APPROVED BEST MANAGEMENT PRACTICES (BMPS)

(a)  The Commission will approve a list of BMPs that are acceptable as part of an approved animal waste management system.  The list of BMPs will be approved annually (by August 1) and revised as needed during the year by the Commission.

(b)  As required by DEM in 15A NCAC 02H .0217, a BMP or system of BMPs designed and installed for an animal waste management plan must either:

(1)           meet the minimum standards and specifications of the US Department of Agriculture Soil Conservation Service Technical Guide, Section IV or minimum standards and specifications as otherwise determined by the Commission; or

(2)           the owner must receive an approved individual nondischarge permit as required for the animal waste management system.

(c)  BMPs approved for use in the Agriculture Cost Share Program for Nonpoint Source Pollution Control are hereby approved for these purposes.

(d)  Land application BMPs following the nutrient management standard contained in the Section IV of the SCS Technical Guide or as recommended by the North Carolina Department of Agriculture (Soil Test Report and Waste Analysis, Form AD 10) and the Cooperative Extension Service (AG‑439‑4) (AG‑439‑5) (AG‑439‑28) are acceptable.  In cases where agronomic rates are not specified in the nutrient management standard for a specific crop or vegetative type, application rates may be determined using the best judgement of the certifying Technical Specialist after consultation with NCDA or CES.

(e)  Exemptions from the minimum buffer requirements for animal waste storage and treatment facilities and animal concentration areas are acceptable if no practical alternative exists and the BMP installed as an equivalent control meets the requirements for Nondischarge except as a result of a storm event more severe than the 25‑year, 24‑hour storm.

 

History Note:        Authority G.S. 106-840; 106-850; 139‑4;

Temporary Adoption Eff. December 9, 1993 for a Period of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;

Eff. March 1, 1994;

Transferred from 15A NCAC 06F .0104 Eff. May 1, 2012.