HomeMy WebLinkAboutWQ0001348_Regional Office Historical File Pre 2016 •
State of North Carolina
411IYIFA
Department of Environment 611
and Natural Resources
wit,'
Division of Water Quality
James B. Hunt, Jr., Governor 14CDENR
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REST.tRTS.`-'tVEP
August 31, 1998 N.C. DF,pi. of EFINR
PATRICIA HENRY SEP 2 Li 139$
MILLER BREWING CO-A SLUDGE
863 EAST MEADOW ROAD v?"t t.1) .,-Sale rn;
EDEN NC 27288 Ryg i c,,;a) Off!ca
Subject: Rescission of State Permit
Permit No. WQ0001348
MILLER BREWING CO-A SLUDGE
ROCKINGHAM County
Dear PATRICIA HENRY:
Reference is made to your request for rescission of the subject State Permit. Staff of the
Winston-Salem Regional Office have confirmed that this Permit is no longer required.
Therefore, in accordance with your request, State Permit No. WQ0001348 is rescinded,
effective immediately.
If in the future you wish to again operate a nondischarge wastewater treatment sytem, you
must first apply for and receive a new State Permit. Operating a wastewater facility without a
valid State Permit will subject the responsible party to a civil penalty of up to $10,000 per day.
If it would be helpful to discuss this matter further, I would suggest that you contact Larry
Coble -Water Quality Regional Supervisor, Winston-Salem Regional Office at (336) 771-4608.
Sincerely,
. /4‘9.______
A. Preston Howard, Jr., P.E.
cc: ROCKINGHAM County Health Department
Winston-Salem - Water Quality Regional Supervisor - w/attachments
Non Discharge Branch - Kim Colson
Operator Training and Certification
Non Discharge Compliance/Enforcement Unit- w/attachments
Central Files - w/attachments
Fran McPherson, DWQ Budget Office
P.O.Box 29535, Raleigh,North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
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Permit escission Form ti
r "u' 2 7 199r3
Facility Name (MILLER BREWING CO-A SLUDGE
Permit Number IWQ0001348 '!uac ` f i-.
NPDES Permit Type I I WQ Permit Type 15 R r'r°t.l"')
N.C. D,
Discharge Code(s) I27 I I I I c Oft'(
Regional Office IWSRO
AUG 1 3 1598
County IROCKINGHAM i WLfiste,. - -;;r::ni
Regional ;,ue
Date Requested I Permit Expiration I12/31/98
Original Request Received by:
I® Compliance Group 0 Regional Office 0 P&E Unit
Request Recieved in the Form of:
10 Signed Annual Fee Invoice 0 Letter 0 Other...
Please Check Appropriately
10 Site Visit Performed (LA .)Q lfAvi'e Groundwater Monitoring Wells No
(Should be addressed unless Groundwater
Groundwater Concerns Addressed
10 Monitoring is not required)
Rescission of the above referenced Permit is:
J Approved n Denied
Note: (if Approved) This permit will be deleted from the permit tracking
system and the division billing system and if necessary inactivated on the
compliance monitoring system.
Complete (if Approved)
iy Rescinded Immediately 0 Allow to Expire
0 Never Constructed BOther...'li r¢,t.;t• c_41.'e'-ed /tN,( ApOi....4 '`'" ccp- kako'"''g`vo,ts
0 Abandoned , 5is.& ti• e. l.1 "e} /1- u.+.,tk ce 41'60101-ei.:its 4 '
0 Connected to City Sewer '" I '4' A 'AS. Al '14 ;A./7/,,,,•,,4' 4 coo 77? 74 s1Jf'E
y.ea e owl} At, 'TA Ww P is £IAJ5/c4iP .1_Fegit , 44 v A,-cl
(Complete (if Denied)
Reason for Denial �r
Certifier's Name G� -��✓ �' O L ,.,
Date % g 0 S // C"‘AP 'fi
Return Completed Form to the Compliance/Enforcement Unit :) 9 PR Form(2/97) I
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INVOICE
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" DATE:
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1NNUAL FEE PERIOD - --,/- 1/ ', - f'7--
'AYMENT DUE DATE
1 NNUAL FEE FOR _ : i
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PERMITTEE: • \c\
Remit To:
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Environment;Health and Natural Resources i
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This annual fee is required by the North Carolina Administrative Code for the cost of administering
and compliance monitoring for an environmental permit. This is not a renewal fee or a penalty.
It is required of any person holding a permit for a treatment facility for any time during the -
annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date
• ' will subject the permit to revocation. Operation of a treatment facility without a valid permit is a violation
and subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you
must reapply, with the understanding the permit request may be denied due to changes in environmental,
regulatory, or modelling conditions. If you do not wish to continue to hold the permit referenced on the front
of this notice, please complete and sign the statement below and return. If you have questions, please contact
*be ►rFitual:Adq �lering and Compliance Monitoring Fee Coordinator at 919/733-7015 - Ext. 210.
I have read and understand the above information. It is my desire to not pay this fee and
JUL l 2ne'elrequest that Permit No. W Q0001348 be rescinded.
WATER QUALITY SECTION •
'- ^:Ctlhorye COrTrAtIftiPign4.Pnry -Z/1 7/2 7 -,
Print or type name of permittee or agent Signature of permittee or gent Date
'_ • r art ..��cc((
/2/G//,
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Aimmbuommi iH7;11111911r1 • •mo A
Non-Discharge Branch Permitting
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
RECEIVED
N.C. .i:J
March 20, 1998 MAR 2 6 1998
PATRICIA ATRICIA HENRY
MILLER BREWING CO-A SLUDGE/MI Regional OtfiC0
863 EAST MEADOW ROAD
EDEN, NC 27288
Subject: PERMIT NO. WQ0001348
MILLER BREWING CO-A SLUDGE/MI
ROCKINGHAM COUNTY
Dear Permittee:
Our files indicate that the subject permit issued on 2/26/96 expires on 12/31/98. We have not
received a request for renewal from you as of this date.
A renewal request shall consist of a letter asking for permit renewal, the appropriate permit
application processing fee, and four (4) copies of a completed application. For permitted facilities with
treatment works, a narrative description of the residuals management plan, which is in effect at the
permitted facility, must also be submitted with the renewal application. Applications may be returned to
the applicant if not accompanied by the processing fee or are incomplete.
Please find attached a copy of the processing fee schedule, as found in 15 NCAC 2H .0205(c).
The processing fee for your facility is based on the type of facility and/or the permitted flow. Processing
fees for land application of residuals are based on the total acres of land permitted. The processing fee
does not apply to any farmer who submits an application which pertains to his/her farming operation.
The check or money order should be made payable to the North Carolina Department of Environment
and Natural Resources (DENR).
The Environmental Management Commission adopted rules on October 1, 1990, requiring the
payment of an annual fee for most permitted facilities. You will be billed separately for that fee (if
applicable) after your permit is approved.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone(919)733-7015 FAX(919)733-0719
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
Please be advised that this permit must not be allowed to expire. You must submit the renewal
request at least 180 days prior to the permit's expiration date, as required by the 15 NCAC 2H .0211.
Renewal requests received less than 180 days prior to permit expiration will be required to pay the full
NEW APPLICATIONS/ MODIFICATION/ LATE RENEWALS fee rather than the reduced TIMELY
RENEWALS WITHOUT MODIFICATIONS fee. Failure to request a renewal at least 180 days prior
to the permit expiration date and/or operation of a facility without a valid permit may result in the
assessment of civil penalties. NCGS 143-215.6 allows for the assessment of Civil penalties up to
$10,000 per violation per day.
The letter requesting renewal, along with the completed Non-discharge Permit Application and
the appropriate processing fee, must be sent to:
Permits and Engineering Unit
Division of Water Quality
Non-Discharge Branch Permitting
P. O. Box 29535
Raleigh,North Carolina 27626-0535
If you have any questions concerning this matter, please contact Ms. Nancy Owens at 919/ 733-
5083 extension 574.
Sincerely,
G/)Kim . Colso , P.E., Supervisor
/ Non-Discharge Branch Permitting Unit
cc: Winston-Salem Regional Office
Central Files
State of North Carolina
Department of Environment,
Health and Natural Resources � • •
Division of Environmental Management V
James B. Hunt, Jr., Governor Ammmismom
Jonathan B. Howes, Secretary E 1---i NFl
A. Preston Howard, Jr., P.E., Director RECEIVED
February 26, 1996 N.C. Dept. of EHNR
Ms. I. Patricia Henry,Plant Manager FEB 2 9 1' ?6
Miller Brewing Company
863 East Meadow Road Winston-Salem
Eden, North Carolina 27288-2099 GrualOffice
Subject: Permit No. fl 0:0113416
Miller Brewing Company
Diatomaceous Earth Residuals
Land Application Program
Rockingham County
Dear Ms. Henry:
In accordance with the amendment request received March 1, 1994 from Mr. Harold N. Bynum
with Smith Helms Mulliss & Moore, L.L.P. on your behalf and the subsequent DRAFT permit issued
September 14, 1995, we are forwarding herewith Permit No. WQ0001348 as amended, dated February
26, 1996, to Miller Brewing Company for the continued operation of a Diatomaceous Earth residuals land
application program.
This permit shall be effective from the date of issuance until December 31, 1998, shall void Permit
No. WQ0001348 issued January 31, 1994, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring and reporting requirements contained in
this permit. Failure to establish an adequate system for collecting and maintaining the required operational
information will result in future compliance problems.
A DRAFT permit was sent to your attorney, Mr. Harold N. Bynum with Smith Helms Mulliss &
Moore, L.L.P. with an additional copy to yourself on September 14, 1995. Since no further comments or
objections were received on the DRAT I permit, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. Michael Allen at
(919) 733-5083 extension. 547.
Sincerely,
•
A. Preston Howard, Jr., P.E.
cc: Rockingham County Health Department
Smith Helms Mulliss & Moore, L.L.P.
Winston-Salem Regional Office,Water Quality Section
Winston-Salem Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Training and Certification Unit (no revised rating)
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
RESIDUALS LAND APPLICATION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO THE
Miller Brewing Company
Rockingham County
FOR THE
continued operation of a diatomaceous earth residuals land application program consisting of the
application of spent diatomaceous earth residuals from the beer filtering facilities of the Miller Brewing
Company's Eden, NC Brewery to approximately 150 acres of land of the Circle S. Ranch, (owned by Mr.
Sam W. Smith) in Rockingham County with no discharge of wastes to the surface waters, pursuant to the
amendment request received March 1, 1994 from Mr. Harold N. Bynum with Smith Helms Mulliss &
Moore, L.L.P. on your behalf and the subsequent DRAFT permit issued September 14, 1995 and
accepted by the Miller Brewing Company, and in conformity with the project plan, specifications, and
other supporting data subsequently filed and approved by the Department of Environment, Health and
Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 1998, shall void Permit
No. WQ0001348 issued January 31, 1994, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1. This permit shall become voidable if the soils fail to adequately assimilate the wastes and
may be rescinded unless the sites are maintained and operated in a manner which will
protect the assigned water quality standards of the surface waters and ground waters.
2. The land application program shall be effectively maintained and operated as a non-
discharge system to prevent the discharge of any wastes resulting from the operation of this
program.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this program.
4. In the event that the land application program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease applying residuals to the sites and
take any immediate corrective actions as may be required by the Division.
5. Some of the buffers specified below may not have been included in previous permits for
this land application operation. However, any sites or fields that are included in this
permit, but were approved with different applicable buffers shall be reflagged to comply
with the below buffers. The following buffer zones shall be maintained:
a) 400 feet from residences or places of public assembly under separate ownership for
surface application method; however, the buffer zone requirement may be reduced to a
minimum of 100 feet upon written consent of the owner and approval from the
appropriate DEM regional office,
b) 200 feet from residences or places of public assembly under separate ownership for
subsurface residual injection method; however, the buffer zone requirement may be
reduced to a minimum of 100 feet upon written consent of the owner and the
appropriate DEM regional office,
c) 100 feet from any public or private water supply source, waters classified as SA or SB,
and any Class I or Class II impounded reservoir used as a source of drinking water for
both methods,
d) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or
coastal waters and any other lake or impoundment for surface application,
e) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or
coastal waters and any other lake or impoundment for subsurface application,
f) 100 feet from property lines for both surface and subsurface application methods;
g) 50 feet from public right of ways for both application methods,
h) 10 feet from upslope interceptor drains and surface water diversions for both
application methods,
i) 25 feet from downslope interceptor drains, surface water diversions, groundwater
drainage systems and surface drainage ditches for both application methods.
6. A copy of this permit shall be maintained at the land application site when residuals are
being applied during the life of this permit. A spill prevention and control plan shall be
maintained in all residuals transport and application vehicles. This plan shall be written
such that a vehicle driver may reference how to prevent or clean up any residual spills.
8. Specific residual application area boundaries shall be clearly marked on each site prior to
and during application.
9. No residuals at any time shall be stored at any application site, unless approval has been
requested and obtained from the Division of Environmental Management.
10. Maximum slope for residual application shall be 10% for surface application and 18% for
subsurface applications.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities and application sites shall be properly maintained and operated at all times.
2. A suitable vegetative cover, as listed in condition II 4, shall be maintained in accordance
with the crop management plan outlined by the local Extension Office of the Department of
Agriculture, or the Soil Conservation Service, or other agronomist, and approved by this
Division.
•
3. An acceptable pH must be maintained in the soil, residual and lime mixture, greater than
6.0, on all land application sites to insure optimum yield for the crop(s) specified below.
The agronomist shall provide information on the pH best suited for the specified crop and
the soil type.
2
4. The application rates shall not exceed the following for the specified crops:
Crop PAN (lb./acre/yr.)
Alfalfa 200
Bermuda Grass (Hay, Pasture) 220
Blue Grass 120
Corn (Grain) 160
Corn (Silage) 200
Cotton 70
Fescue 250
Forest (Hardwood& Softwood) 75
Milo 100
Small Grain (Wheat, barley,oats) 100
Sorghum, Sudex (Pasture) 180
Sorghum, Sudex (Silage) 220
Soybeans 200
Timothy,Orchard,& Rye Grass 200
5. No residuals other than the following are hereby approved for land application in
accordance with this permit:
Permit Volume
Source County Number (dry tons/year)
Miller Brewing Company Rockingham N/A 20 Cubic Yards/Week
Eden, NC Brewery
6. The lifetime heavy metal loadings shall not exceed the following for the corresponding
Cation Exchange Capacities (CEC):
Lifetime Loadings (lbs/acre)
Parameter CEC < 5 CEC 5 - 15 CEC> 15
Lead 500 1000 2000
Zinc 250 500 1000
Copper 125 250 500
Nickel 125 250 500
Cadmium 4.5 9 18
7. Upon classification of the facility by the Certification Commission, the Permittee shall have
a certified land application/residuals operator to be in responsible charge (ORC) of the land
' application program. The operator must hold a certificate of the type classification assigned
to the land application program by the Certification Commission. The Permittee must also
have a certified back-up operator of the appropriate type to comply with the conditions of
Title 15A NCAC 8A, .Q202.
8. Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored residuals into any surface waters.
9. Surface applied residuals will be plowed or disced within twenty-four (24) hours after
application on lands with no cover crop established.
10. For areas that are prone to flooding or within the 100-year flood elevation, residuals may
be applied only during periods of dry weather. The residuals must be incorporated into the
soil within twenty-four(24) hours after application.
3
11. Appropriate measures must be taken to control public access to the land application sites
during active site use and for the 12-month period following the last residual application
event. Such controls may include the posting of signs indicating the activities being
conducted at each site.
12. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying pollutants from the residuals application area onto the adjacent property or into
any surface waters.
13. Residuals shall not be applied in inclement weather or until 24 hours following a rainfall
event of 1/2-inch or greater in 24 hours. Any emergency residuals disposal measures must
first be approved by the Division of Environmental Management.
14. Residuals shall not be applied to any land application site that is flooded, frozen or snow-
covered.
15. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by
the Division.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division of Environmental Management to insure
protection of the environment will be established and an acceptable sampling and reporting
schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all application activities.
These records shall include, but are not necessarily limited to the following information:
a. source of residuals
b. date of residual application
c. location of residual application (site,field, or zone#)
d. method of application
e. weather conditions (sunny, cloudy,raining, etc.)
f. soil conditions
g. type of crop or crops to be grown on field
h. volume of residuals applied in gallons/acre,dry tons/acre or kilograms/hectare
i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative
pounds/acre of each heavy metal (which shall include, but not be limited to cadmium,
copper, lead, nickel, and zinc), annual pounds/acre of plant available nitrogen (PAN),
and annual pounds/acre of phosphorus applied to each field.
3. A representative soils analysis (Standard Soil Fertility Analysis) shall be conducted of each
site receiving residuals annually and the results maintained on file by the Permittee for a
minimum of five years. If land application occurs at a frequency less than annually,a soils
analysis shall be required for each instance of land application. The Standard Soil Fertility
Analysis shall include, but is not necessarily limited to, the following parameters:
Acidity Manganese Potassium
Calcium Percent Humic Matter Sodium
Copper pH Zinc
Magnesium Phosphorus
Base Saturation (by calculation) Cation Exchange Capacity
The following metals shall be conducted once prior to permit renewal on soils from each
site which has received sludge during the permit cycle.
Cadmium Lead Nickel
4
4. A residuals analysis will be conducted annually from the date of permit issuance by the
Permittee and the results maintained on file by the Permittee for a minimum of five years.
If land application occurs at a frequency less than annually, a residuals analysis will be
required for each instance of land application.
•
Cadmium Nickel
Copper Zinc
Lead
5. Three copies of all required monitoring and reporting requirements as specified in
conditions III 1, III 2, III 3, and III 4 shall be submitted annually on or before March 1 of
the following year to the following address:
NC Division of Environmental Management
Water Quality Section
Permits and Engineering Unit
PO Box 29535
Raleigh, NC 27626-0535
6. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone
number (910) 771-4600 as soon as possible, but in no case more than 24 hours or on the
next working day following the occurrence or first knowledge of the occurrence of any of
the following:
a. Any occurrence with the land application program which results in the land application
of significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the land application program resulting in a release of material to receiving
waters.
c. Any time that self-monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on
which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
application site.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence. This report must outline
the actions taken or proposed to be taken to ensure that the problem does not recur.
IV. GROUNDWATER REQUIREMENTS
1. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
2. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L,Groundwater Classifications and Standards. The Compliance Boundary is
for the disposal system constructed after December 31, 1983 is established at either(1)250
feet from the waste disposal area, or(2) 50 feet within the property boundary, whichever is
closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or
beyond the Compliance Boundary is subject to immediate remediation action in addition to
the penalty provisions applicable under General Statute 143-215.6A(a)(1).
5
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the
disposal systems midway between the Compliance Boundary and the perimeter of the
waste disposal area. Any exceedance of standards at the Review Boundary shall require
remediation action on the part of the permittee.
V. JNSPECTIONS
1. The Permittee or his designee shall inspect the residuals storage,transport, and application
facilities to prevent malfunctions and deterioration, operator errors and discharges which
may cause or lead to the release of wastes to the environment, a threat to human health,or a
nuisance. The Permittee shall maintain an inspection log or summary including at least the
date and time of inspection, observations made, and any maintenance,repairs,or corrective
actions taken by the Permittee. This log of inspections shall be maintained by the Permittee
for a period of five years from the date of the inspection and shall be made available to the
Division of Environmental Management or other permitting authority, upon request.
2. Any duly authorized officer, employee, or representative of the Division of Environmental
Management may, upon presentation of credentials, enter and inspect any property,
premises or place on or related to the application site or facility at any reasonable time for
the purpose of determining compliance with this permit; may inspect or copy any records
that must be kept under the terms and conditions of this permit; and may obtain samples of
groundwater, surface water,or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the land application activities are carried out in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by this Division.
2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. This permit is not automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Permittee, a formal permit request
must be submitted to the Division of Environmental Management accompanied by an
application fee,documentation from the parties involved, and other supporting materials as
may be appropriate. The approval of this request will be considered on its merits and may
or may not be approved.
4. The following are approved sites for residuals application (see attached map[s]):
Application Area[acres]
Site No. Owner/Lessee (excluding buffers)
1 Mr. Sam W. Smith 150.0
(Circle S. Ranch)
TOTAL AVAILABLE ACRES -150.0
5. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c).
6. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4).
6
7. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state,and federal) which have jurisdiction.
8. The Permittee,at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
9. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Environmental Management deems
necessary in order to adequately protect the environment and public health.
10. This permit shall become voidable unless the agreements between the Permittee and the
landowners/lessees are in full force and effect. The land owner agreements are considered
expired concurrent with the expiration date of the permit and must be renewed at the same
time the permit is renewed.
Permit issued this the twenty-sixth of February, 1996
NORTH CAROLINA ENVIRONMENTAL MANAGEME T COMMISSION
A. Preston Howard, Jr., P.Ei, Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0001348
7
State of North Carolina
Department of Environment, f IF;
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F=3.
A. Preston Howard, Jr., P.E., Director
RECEIVED
January 31, 1994 N.C. Dept. of EHNR
Mr. James M. Daly, Jr., Plant Manager F E B - 4 1994
Miller Brewing Company
863 East Meadow Road Winston-Salem
Eden, North Carolina 27288
Regional Office
Subject: Permit No. WQ0001348
Miller Brewing Company
Diatomaceous Earth
Land Application of Wastewater Residuals
Rockingham County
Dear Mr.Daly:
In accordance with your application received on October 18, 1993, we are forwarding herewith
Permit No. WQ0001348 dated January 31, 1994, to Miller Brewing Company for the operation of a
wastewater residuals land application program.
This permit shall be effective from the date of issuance until December 31, 1998, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring and reporting requirements contained in this permit. Failure to establish an adequate system
for collecting and maintaining the required operational information will result in future compliance
problems. Issuance of this permit hereby voids Permit No. WQ0001348 issued June 28, 1989.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. John Seymour at
(919) 733-5083.
Sincerely, n rn
L.(1Vc,l.(ao-uu�
A. Presidn Howard, Jr., P.E.
cc: Rockingham County Health Department
Winston-Salem Regional Office,Water Quality Section
Winston-Salem Regional Office,Groundwater Section
Jack Floyd, Groundwater Section Central Office
Training and Certification Unit
Facilities Assessment Unit
P.O.Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
RESIDUALS LAND APPLICATION PERMIT
In accordance with the provisions of Article 21 of Chapter 143,General Statutes of North Carolina as
amended,and other applicable Laws,Rules,and Regulations
PERMISSION IS HEREBY GRANTED TO
Miller Brewing Company
Rockingham County
FOR THE
operation of a wastewater residuals land application program consisting of the application of diatomaceous
earth residuals from the Miller Brewing Company wastewater treatment facility to approximately 150 acres
of land of the Circle S. Ranch, owned by Mr. Sam W. Smith, in Rockingham County with no discharge
of wastes to the surface waters, pursuant to the application received on October 18, 1993, and in
conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Environment,Health and Natural Resources and considered a part of this
permit.
This permit shall be effective from the date of issuance until December 31, 1998, and shall be
subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. This permit shall become voidable if the soils fail to adequately assimilate the wastes and
may be rescinded unless the sites are maintained and operated in a manner which will
protect the assigned water quality standards of the surface waters and ground waters.
2. The land application program shall be effectively maintained and operated as a non-
discharge system to prevent the discharge of any wastes resulting from the operation of this
program.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this program.
4. In the event that the land application program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease applying residuals to the sites and
take any immediate corrective actions as may be required by the Division.
1
5. Some of the buffers specified below may not have been included in previous permits for
this land application operation. However, any sites or fields that are included in this
permit, but were approved with different applicable buffers shall be reflagged to comply
with the below buffers. The following buffer zones shall be maintained:
a) 400 feet from residences or places of public assembly under separate ownership for
surface application method; however,the buffer zone requirement may be reduced to a
minimum of 100 feet upon written consent of the owner and approval from the
appropriate DEM regional office,
b) 200 feet from residences or places of public assembly under separate ownership for
subsurface residual injection method; however, the buffer zone requirement may be
reduced to a minimum of 100 feet upon written consent of the owner and the
appropriate DEM regional office,
c) 100 feet from any public or private water supply source,waters classified as SA or SB,
and any Class I or Class II impounded reservoir used as a source of drinking water for
both methods,
d) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or
coastal waters and any other lake or impoundment for surface application,
e) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or
coastal waters and any other lake or impoundment for subsurface application,
f) 100 feet from property lines for both surface and subsurface application methods for
sites permitted prior to January 31, 1994; however,this requirement may be reduced to
50 feet upon the applicants formal request for a permit amendment and submittal of
revised maps for each site reflecting the revised buffer and acreage,
g) 50 feet from public right of ways for both application methods,
h) 10 feet from upslope interceptor drains and surface water diversions for both
application methods,
i) 25 feet from downslope interceptor drains, surface water diversions, groundwater
drainage systems and surface drainage ditches for both application methods.
6. A copy of this permit shall be maintained at the land application site when residuals are
being applied during the life of this permit. A spill prevention and control plan shall be
maintained in all residuals transport and application vehicles.
7. Specific residual application area boundaries shall be clearly marked on each site prior to
and during application.
8. No residuals at any time shall be stored at any application site, unless approval has been
requested and obtained from the Division of Environmental Management.
9. Maximum slope for residual application shall be 10% for surface application and 18% for
subsurface applications.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities and application sites shall be properly maintained and operated at all times.
2. A suitable vegetative cover, as listed in condition II 4, shall be maintained in accordance
with the crop management plan outlined by the local Extension Office of the Department of
Agriculture, or the Soil Conservation Service, or other agronomist, and approved by this
Division.
2
3. An acceptable pH must be maintained in the soil,residual (and lime mixiure), greater than
6.0, may be applied on all land application sites to insure optimum yield for the crop(s)
specified below. The agronomist shall provide information on the pH best suited for the
specified crop and the soil type.
4. The application rates shall not exceed the following for the specified crops:
Crop PAN (lb./acre/yr.)
Alfalfa 200
Bermuda Grass (Hay,Pasture) 220
Blue Grass 120
Corn (Grain) 160
Corn (Silage) 200
Cotton 70
Fescue 250
Forest (Hardwood & Softwood) 75
Milo 100
Small Grain (Wheat, barley, oats) 100
Sorghum, Sudex (Pasture) 180
Sorghum, Sudex (Silage) 220
Soybeans 200
Timothy, Orchard,& Rye Grass 200
5. No residuals other than the following are hereby approved for land application in
accordance with this permit:
Permit Estimated
Source County Number Volume
Miller Brewing Company Rockingham N/A approx. 20 cu. yd./wk.
Eden Brewery (diatomaceous earth)
6. The lifetime heavy metal loadings shall not exceed the following for the corresponding
Cation Exchange Capacities (CEC):
Lifetime Loadings abs/acre)
Parameter CEC<5 CEC 5- 15 CEC> 15
Lead 500 1000 2000
Zinc 250 500 1000
Copper 125 250 500
Nickel 125 250 500
Cadmium 4.5 9 18
7. Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified land application/residuals operator to be in responsible charge(ORC)of
the land application program. The operator must hold a certificate of the type classification
assigned to the land application program by the Certification Commission. The Permittee
must also employ a certified back-up operator of the appropriate type to comply with the
conditions of Title 15A NCAC 8A, .0202.
8. Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored residuals into any surface waters.
9. Surface applied residuals will be plowed or disced within twenty-four (24) hours after
;,application on lands with no cover crop established.
3
10. For areas that are prone to flooding or within the 100-year flood elevation, residuals may
be applied only during periods of dry weather. The residuals must be incorporated into the
soil within twenty-four(24) hours after application.
11. Appropriate measures must be taken to control public access to the land application sites
during active site use and for the 12-month period following the last residual application
event. Such controls may include the posting of signs indicating the activities being
conducted at each site.
12. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying pollutants from the residuals application area onto the adjacent property or into
any surface waters.
13. Residuals shall not be applied in inclement weather or until 24 hours following a rainfall
event of 1/2-inch or greater in 24 hours. Any emergency residuals disposal measures must
first be approved by the Division of Environmental Management.
14. Residuals shall not be applied to any land application site that is flooded, frozen or snow-
covered.
15. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by
the Division.
16. Animals shall not be grazed on an application site for 30 days after residuals application.
Application sites that are to be used for grazing shall have fencing that will be used to
prevent access after each application.
17. Food crops, feed crops and fiber crops that do not come in contact with the residuals shall
not be harvested for 30 days after residuals application.
18. Food crops with harvested parts that touch the residual/soil mixture and are totally above
the land surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for
14 months after residuals application.
19. Food crops with harvested parts below the surface of the land (root crops such as potatoes,
carrots, radishes, etc.) shall not be harvested for 20 months after application of residuals
when the residuals remain on the land surface for four (4) months or longer prior to
incorporation into the soil.
20. Food crops with harvested parts below the surface of the land shall not be harvested for 38
months after application of residuals when the residuals remain on the land surface for less
than four(4)months prior to incorporation into the soil.
21. Turf shall not be harvested for 1 year after residuals application if the turf is to be placed on
land with a high potential for public exposure.
22. Application of residuals shall not exceed 0.2 inch/acre/week.
23. Spreading of the waste sludge will be scheduled in order to facilitate a full weekly loading
of 0.2 inches per acre to allow seven (7)days rest prior to additional applications.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division of Environmental Management to insure
protection of the environment will be established and an acceptable sampling and reporting
schedule shall be followed.
4
•
2. Proper records shall be maintained by the Permittee tracking all application activities.
These records shall include,but are not necessarily limited to the following information:
a) source of residuals
b) date of residual application
c) location of residual application(site,field,or zone#)
d) method of application
e) weather conditions (sunny,cloudy,raining, etc.)
f) soil conditions
g) type of crop or crops to be grown on field
h) volume of residuals applied in gallons/acre,dry tons/acre or kilograms/hectare
i) annual and cumulative totals of dry tons/acre of residuals, annual and cumulative
pounds/acre of each heavy metal (which shall include, but not be limited to cadmium,
copper, lead, nickel, and zinc), annual pounds/acre of plant available nitrogen (PAN),
and annual pounds/acre of phosphorus applied to each field.
3. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted
of each site receiving residuals in the respective calendar year and the results maintained on
file by the Permittee for a minimum of five years.
The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the
following parameters:
Acidity Manganese Potassium
Calcium Percent Humic Matter Sodium
Copper pH Zinc
Magnesium Phosphorus
Base Saturation (by calculation)
Cation Exchange Capacity
The Standard Soil Fertility Analysis (see above) and an analysis for the following metals
shall be conducted once prior to permit renewal on soils from each site which has received
sludge during the permit cycle.
Cadmium Lead Nickel
4. A residuals analysis will be conducted annually from the date of permit issuance by the
Permittee and the results maintained on file by the Permittee for a minimum of five years.
If land application occurs at a frequency less than annually, a residuals analysis will be
required for each instance of land application.
The residuals analysis shall include but is not necessarily limited to the following
parameters:
Cadmium Nitrate-Nitrite Nitrogen
Copper % Total Solids
Lead pH
Nickel Phosphorus
Zinc Plant Available Nitrogen(by calculation)
Aluminum Potassium
Ammonia-Nitrogen Sodium
Calcium TKN
Magnesium
5
5. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the
Permittee annually. The TCLP analysis shall include the following parameters (please note
the regulatory level in mg/L in parentheses):
Arsenic (5.0) Barium(100.0)
Benzene (0.5) Cadmium (1.0)
Carbon tetrachloride(0.5) Chlordane (0.03)
Chlorobenzene (100.0) Chloroform (6.0)
Chromium (5.0) o-Cresol (200.0)
m-Cresol (200.0) p-Cresol (200.0)
Cresol (200.0) 2,4-D (10.0)
1,4-Dichlorobenzene (7.5) 1,2-Dichloroethane (0.5)
1,1-Dichloroethylene (0.7) 2,4-Dinitrotoluene(0.13)
Endrin (0.02) Heptachlor(and its hydroxide) (0.008)
Hexachlorobenzene (0.13) Hexachloro-1,3-butadiene (0.5)
Hexachloroethane (3.0) Lead(5.0)
Lindane(0.4) Mercury(0.2)
Methoxychlor(10.0) Methyl ethyl ketone(200.0)
Nitrobenzene (2.0) Pentachlorophenol (100.0)
Pyridine (5.0) Selenium(1.0)
Silver(5.0) Tetrachloroethylene(0.7)
Toxaphene (0.5) Trichloroethylene (0.5)
2,4,5-Trichlorophenol (400.0) 2,4,6-Trichlorophenol (2.0)
2,4,5-TP (Silvex) (1.0) Vinyl chloride(0.2)
6. Three copies of all required monitoring and reporting requirements as specified in
conditions III 1, III 2, III 3, III 4 and III 5 shall be submitted annually on or before March
1 of the following year to the following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
7. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone
number 910/ 896-7007 as soon as possible, but in no case more than 24 hours or on the
next working day following the occurrence or first knowledge of the occurrence of any of
the following:
a. Any occurrence with the land application program which results in the land application
of significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the land application program resulting in a release of material to receiving
waters.
c. Any time that self-monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on
which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
application site.
6
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence. This report must outline
the actions taken or proposed to be taken to ensure that the problem does not recur.
I V. GROUNDWATER REQUIREMENTS
1. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L,Groundwater Classifications and Standards. The Compliance Boundary is
for the disposal system constructed after December 31, 1983 is established at either(1) 250
feet from the waste disposal area,or(2)50 feet within the property boundary, whichever is
closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or
beyond the Compliance Boundary is subject to immediate remediation action in addition to
the penalty provisions applicable under General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the
disposal systems midway between the Compliance Boundary and the perimeter of the
waste disposal area. Any exceedance of standards at the Review Boundary shall require
remediation action on the part of the permittee.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
1. The Permittee or his designee shall inspect the residuals storage,transport, and application
facilities to prevent malfunctions and deterioration, operator errors and discharges which
may cause or lead to the release of wastes to the environment,a threat to human health,or a
nuisance. The Permittee shall maintain an inspection log or summary including at least the
date and time of inspection,observations made, and any maintenance,repairs, or corrective
actions taken by the Permittee. This log of inspections shall be maintained by the Permittee
for a period of five years from the date of the inspection and shall be made available to the
Division of Environmental Management or other permitting authority,upon request.
2. Any duly authorized officer,employee,or representative of the Division of Environmental
Management may, upon presentation of credentials, enter and inspect any property,
premises or place on or related to the application site or facility at any reasonable time for
the purpose of determining compliance with this permit; may inspect or copy any records
that must be kept under the terms and conditions of this permit; and may obtain samples of
groundwater, surface water, or leachate.
V I. GENERAL CONDITIONS
1. This permit shall become voidable unless the land application activities are carried out in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by this Division.
2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. This permit is not automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Permittee, a formal permit request
must be submitted to the Division of Environmental Management accompanied by an
application fee,documentation from the parties involved, and other supporting materials as
may be appropriate. The approval of this request will be considered on its merits and may
or may not be approved.
7
4. The following are approved sites for residuals application (see attached map(s)):
Site No. Owner/Lessee Application Area facresl
1 Mr. Sam W. Smith 150
TOTAL AVAILABLE ACRES 150
5. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c).
6. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4).
7. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state,and federal)which have jurisdiction.
8. The Permittee,at least six (6)months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
9. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Environmental Management deems
necessary in order to adequately protect the environment and public health.
10. This permit shall become voidable unless the agreements between the Permittee and the
landowners/lessees are in full force and effect. The land owner agreements are considered
expired concurrent with the expiration date of the permit and must be renewed at the same
time the permit is renewed.
11. Issuance of this permit hereby voids Permit No. WQ0001348 issued June 28, 1989.
Permit issued this the 31st day of January, 1994
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
O. LO .cYq ale.:ssL
A. Preston oward, Jr., P.L., Director
Division of invironmental Management
By Authority of the Environmental Management Commission
Permit No. WQ0001348
8
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1
ate of North Carolina
Department of Environment,
Health and Natural Resources AriA
Winston-Salem Regional Office
James B. Hunt,Jr., Governor E E H N F
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
December 28 , 1993
MEMORANDUM
TO: Brain Wagner
Groundwater Permits & Compliance Section
FROM: Sherri Knight IL
SUBJECT: Miller Brewing Company
Land Application of Diatomaceous Earth
Permit WQ0001348
Rockingham County
This application is for the renewal of an existing permit for
the land application of diatomaceous earth. No land application
has been performed at this site since 1978 , however Miller Brewing
wishes to keep the permit active in the event it is needed.
Currently the material is being placed in the Rockingham County
landfill .
Based upon existing information and favorable site conditions
noted at a site inspection conducted by Deanna Taylor of the WSRO
Groundwater Section and David Russell of the WSRO Water Quality
Section, it is therefor recommended that the permit be reissued.
If you have any questions , please call.
cc : WSRO
8025 North Point Boulevard,Suite 100,Winston-Salem,North Carolina 27106-3203
Telephone 910-896-7007 FAX 910-896-7005
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper
DIVISIa OF Tr REC,EIV! D
cRax ,TER SEC.TICN N.C. De :. = R
OCT 2 0 1071
P!!!!!!:
TO: 5.A e.-fr; Regional Office
tam: l0 - Z6 - 3
FROM: Jack.Floyd �/
SUBJECT: Application for /< RENEWALAMENCMENT of Permit No.
NEW PEIr
nA
• Facility Name: / r I/ev- Frew; ("''flNa
County: fi G t te7 y 11 GI 07
Type of Project: /U"I e ( e k'
Central Office Contact: [3 r/_A y1 f,✓”her
Applicable Permit Numbers: W52 0400 1 3 /0 GW
DER AC
EPA
The Groundwater Section has received a copy of the above referenced
permit application. A caw of the application package is attached.
The Groundwater Section has received a copy of the above referenced
permit application, which has been sent to the regional office water
quality supervisor. If a copy has not been sent to the regional
office please let me know.
The Groundwater Section has received the subject Division of
Environmental Health project for review. A copy of the application
has been forwarded to , Regional Soil
Specialist. Please coordinate your review with the regional soil
specialist.
Please review the application materials for completeness and submit
any request for ad itional information to the central office contact on
or before 1 / - 5 - 9 3 . A copy of the formal request for
additional information will be forwarded to you.
If you do not require any additional information to complete your review,
please provide your final comments by
If you have any questions, please let me krx7w as soon as possible.
V
North Carolina74 f
ent of Environment, i .
l.
nd Natural Resources `f Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary .......—Illor
p E H N F=
A. Preston Howard, Jr., P.E., Director
RECEIVED
N.C. Dept. of EHNR
October 25, 1993 OCT 2 7 1993
MR JAMES M. DALYUM Winston-Salem
MILLER BREWING COMPANY Regional Office
863 EAST MEADOW ROAD
EDEN, NORTH CAROLINA 27288
Subject: Application No.WQ0001348
A Sludge/Miller Brewing
Sludge-Land Application
• Rockingham County
Dear MR DALYUM:
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials on October 18, 1993. This application has been assigned the number shown
above. Please refer to this number when making inquiries on this project.
Your project has been assigned to John Seymour for a detailed engineering review. A technical
acknowledgement will be forthcoming.
Be aware that the Division's regional office, copied below, must provide recommendations from the
Regional Supervisor or a Procedure Four Evaluation for this project,prior to final action by the
Division.
If you have any questions,please contact John Seymour at(919)733-5083.
cerely,
&/,,,a,gia-t,
,/ Carolyn McrasIdll
Supervisor, State Engineering Review Group
-
cc: Winston Salem Regional Office ��`-y=°� ' f= -�O '" ���- ��'
DUE. AT
E.
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
-,1ri :`.ice�.
r .
eip ,
MILLER BREWING COMPANY .
D
(":7
October 15, 1993 --) rn
• r-r-
-r
Ms. Carolyn McCaskill _
Permits and Engineering Unit -
c6
Division of Environmental Management
P. O. Box 29535
Raleigh, North Carolina 27626-0535
Dear Ms. McCaskill:
Enclosed please find the completed renewal application and renewal fee for Permit No.
WQ0001348, for land application of waste diatomaceous earth sludge (slurry) to
approximately 150 acres of the Circle S Ranch owned by Mr. Sam W. Smith.
No land application of diatomaceous earth has been made to Mr. Smith's farm
since 1978. Miller Brewing Company would like to maintain standby arrangement
with Mr. Smith, should the operational need arise at the brewery.
Diatomaceous earth is used as a filter media in the final stage of filtering our beer
product. Analytical data of this waste diatomaceous earth was submitted with
the application for renewal of this permit in 1989. There have been no significant
changes to this process since that time.
If there should be any questions, you may contact me at (919) 627-2353. w
Sincerely,
qL-LC.0_41) /4lur-Fatd
Rebecca H. Sheppard
Environmental Coordinator
863 EAST MEADOW ROAD,EDEN.NORTH CAROLINA 27288-2099-(919)627-2100
State of North Carolina
Department of Environment,
Health and Natural Resources ATIC‘HiA
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p H N F .
A. Preston Howard, Jr., P.E., Director
RECEIVED
N.C. Dept. of EHNR
October 25, 1993 OCT 2 7 1993
MR JAMES M. DALYUM Winston-Salem
MILLER BREWING COMPANY
863 EAST MEADOW ROAD Regional Office
EDEN, NORTH CAROLINA 27288
Subject: Application No. WQ0001348
A Sludge/Miller Brewing
Sludge-Land Application
Rockingham County
Dear MR DALYUM:
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and
supporting materials on October 18, 1993. This application has been assigned the number shown
above. Please refer to this number when making inquiries on this project.
Your project has been assigned to John Seymour for a detailed engineering review. A technical
acknowledgement will be forthcoming.
Be aware that the Division's regional office, copied below, must provide recommendations from the
Regional Supervisor or a Procedure Four Evaluation for this project, prior to final action by the
Division.
If you have any questions, please contact John Seymour at (919) 733-5083.
i cerely,
Carolyn M askill
Supervisor, State Engineering Review Group
cc: Winston Salem Regional Office : _`') t': �''•f: 0 ,,9 .
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
• •
• t_ .( > fd
• y��may•
• FiC
MILLER BREWING COMPANY
C
October 15, 1993
Ms. Carolyn McCaskill ; "
Permits and Engineering Unit
Division of Environmental Management ='
0 L-
P. O. Box 29535
Raleigh, North Carolina 27626-0535
Dear Ms. McCaskill:
Enclosed please find the completed renewal application and renewal fee for Permit No.
WQ0001348, for land application of waste diatomaceous earth sludge (slurry) to
approximately 150 acres of the Circle S Ranch owned by Mr. Sam W. Smith.
No land application of diatomaceous earth has been made to Mr. Smith's farm
since 1978. Miller Brewing Company would like to maintain standby arrangement
with Mr. Smith, should the operational need arise at the brewery.
Diatomaceous earth is used as a filter media in the final stage of filtering our beer
product. Analytical data of this waste diatomaceous earth was submitted with
the application for renewal of this permit in 1989. There have been no significant
changes to this process since that time.
If there should be any questions, you may contact me at (919) 627-2353.
Sincerely,
Rebecca H. Sheppard
Environmental Coordinator
•
863 EAST MEADOW ROAD,EDEN,NORTH CAROLINA 27288-2099—(919)627-2100
•
•
•
•
•
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
Non-Discharge Permit Application
(THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL)
LAND APPLICATION OF RESIDUAL SOLIDS •
•
I. GENERAL INFORMATION:
1. Applicant (corporation, individual, or other): Miller Brewing Company
; x
2. Print Owners. or Signing Official's Name and Title (the person who is legally
responsible for the facility and its compliance): .
James M. Daly, Jr . Plant Manager
3. Mailing Address: 863 East Meadow Road
City: Eden State:North Carolina Zip: 27288
Telephone No.: ( 919 ) 627-2100
• 4. Application Date: 10/15/93 5. Fee Submitted: $ 250.00
6. Name, address, & county of facility where sludge originated. Should
• be referenced on any plans/specs., analytical results,Land Owner Agreements, etc.:
•
Miller Brewing Company
863 East Meadow Road
Eden, North Carolina County Rockingham r
7. County (s) where sludge will be land applied:Rockingham
*See attached rpap
8. Latitude: ; Longitude of land application sites.
For multiple sites attach a listing of the sites and a latitude and longitude for each.
9. Owner and address of lands where sludge will be land applied. For multiple sites attach
a listing:
Land owner - Sam W. Smith
Land application site : See attached map '- 150 acres
of the Circle S Ranch
FORM: LARS 4/91 • Page 1 of 25 •
LAND APPLIC:A'1IUN OF RESIDUAL SOLIDS •
• PAGE 2 (4/91)
II..PERMIT INFORMATION:
1 . Permit No. (will be completed by DEM): WCR Ca)\3
2. Specify whether project is: new; x renewal*; modification.
*If renewal, complete only sections I, II, land owner agreement, & applicant
signature (on pg 24). Submit only pgs. 1, 2, 19, 20, 21, 22, and 24 (original and 3
copies of each). Engineer signature not required for renewal.
3. If this application is being submitted as a result of a renewal or modification to an
existing permit, list the existing permit numberwQ0001348 and issue date)une 28 , 1989
4. Specify whether the applicant is public or x private.
III. PERMIT FEE INFORMATION:
1. Number of Total Acres on which residual solids are proposed to be land applied under
• • the authority of this permit (include both land currently permitted and proposed lands):
• acres
2. The permit processing fee should be as specified in 15A NCAC 2H .0205(c)(5).
IV. SITE INFORMATION:
1. A vicinity map must be attached. This map must show the location of each site in
relation to at least two geographical references (numbered roads, named streams/rivers,
etc.). •
2. For all new or modified sites, a detailed site location map must be attached. This map
• must be drawn to scale with topographical contour intervals not exceeding ten feet or
25% of total site relief (whichever is more descriptive) and showing the property dines;
all existing wells, all surface waters and drainage ways and all dwellings within 500 feet
of the land application areas; and all buffers.
Note: At least the following buffers must be maintained. If residuals are sprayed on the
sites, larger buffers may be required:
a) 400 feet from any habitable residence for surface sludge application,
200 feet from any habitable residence for subsurface sludge injection
b) 100 feet between the disposal area and any public or private water supply
including wells.
2 of 25
YHUi; IV (4/y1) •
OZ Carolina D tt isiotY
etttirottmeutaI1anaff ttent
AGREEMENT FOR THE LAND APPLICATION OF WASTE SLUDGE
TO PRIVATE LANDS
Permittee: Miller Brewing Company
Contact Person: Rebecca Sheppard
Address of Permittee: 863 East Meadow Road
• Eden., North Carolina 27288
List of Sludges or residuals to be applied to these lands: Diatomaceous Earth
Site ID Number:*See attached map
• Field Number:
Location of Land to be used for sludge or residual application (include map for each site):
Rockingham County - See attached map
Owner of Property used for sludge or residual application: Sam W. Smith
Lessee of Property (if appropriate):
Land use or cropping patterns: Pasture land - To be used for cattle grazing
Intended use or disposition of crops:
•
II11111111111I11111111111I111l I1I11111111111111IIII1111111111111I1111l1111llllll111111111lll1111I111111111111111111I
The undersigned land owner or his representative hereby permits •
Miller Brewing Company •
hereinafter referred to as the Permittee, to apply the above listed sludges or residuals upon the land
at the location shown as described herein in accordance with the restrictions and stipulations as
given below. The landowner or his representative receives, in consideration, full use of the
nutrient value of the applied sludge or residuals while the Pemuttee receives, in consideration, the
use of the land described above for the disposal of digested sludge or residuals. This agreement
shall remain in effect for the length of the Division of Environmental Management land application
permit and shall be renewed each time the land application permit is renewed. The undersigned
land owner or his representative and the Permittee agree to abide with the following restrictions
and stipulations until such time as written notification, given thirty (30) days in advance, modifies
or cancels this Land owner's Agreement .
19 of 25
1'Hh� LU (4/y 1)
• Notification of cancellation oft tgreement shall be immediately for ed to: •
Division of Environmental Management
•
Permits and Engineering Unit
• P.O. Box 27687 •
Raleigh, NC 27611-7687
llllll11111Illllllllllllll111llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll11l1lIIIIII
STIPULATIONS:
1. The landowner or his representative hereby authorizes the Permittee, County and
State Officials or their representatives to inspect each parcel of property prior to,
during, and after sludge or residual application and to established monitoring
facilities on or near the application site as required by the sludge or residual land
application permit_
•
2. The landowner or his representative authorizes the Permittee, County and State.
Officials or their representatives to take necessary soil, surface and ground water
samples during the term of, and twelve (12) months after termination of, this
Agreement_
3. The Permitter will provide each landowner or his representative with a copy of the
land application permit as issued by the N.C. Department of Environment,Health
and Natural Resources (NCDEITNR) Division of Environmental Management
(DEM) for the land described above prior to commencement of sludge or residual
application. The NCDEHNR-DEM permit will delineate maximum application rates,
limitations and other restrictions prescribed by the laws and regulations.
•
4. The Permittee has provided the landowner or his representative with information and
data concerning the program for land application of sludge or residuals to privately
owned lands which includes an analysis of constituents of the sludge, sludge
application methods and schedules for typical cropping patterns and a description of
the equipment used by the Permittee for sludge or residual application.
5. The Permittee will furnish each landowner or his representative with a copy of the
results of each soil analysis.
•
6. The site shall be adequately limed to a soil pH of at least 6.5 prior to sludge or:
residual application. Sludge may be applied to sites with a pH of less than 6.5
provided a sufficient amount of lime is also applied to achieve a final pH of the lime,
sludge/residual and soil mixture of at least 6.5.
7. The landowner of his representative will inform the Permittee of any revisions or
modifications to the intended use and cropping patterns shown above prior to each
planting season to enable the Permit-tee to amend this Agreement and schedule
applications at appropriate periods. Within the limits of the NCDEHNR-DEM
permit, the owner or his representative and the Permittee will determine
sludge/residual application rates and schedules based on crop patterns and the
results of soil samples.
•
8. No crops for direct human consumption shall be raised on these sites for a period of
eighteen (18) months following sludge application.
• 20 of 25
•
, • 9. The landowner or hi! )resentatives or successors shall _ -;re to the provisions of
this Agreement for a ___od of eighteen (18) months from date of the most recent
• sludge application.
• 10.Appropriate measures must be taken by the Pernlittee to control public access to the
land application sites during active •site use and for the eighteen (18) month period
following sludge/residual application. Such controls may include the posting of -
signs indicating the activities being conducted at each site.
11.Specific sludge/residual application area boundaries shall be clearly marked on each
•site by the Permittee prior to and during sludge application.
12. Should the landowner or his representative lease or otherwise permit the use of the
land by a third party, the landowner shall be responsible to insure the third party
agrees and complies with the terms and conditions of this Agreement.
13.The existing lessee, if any, of the site agrees, by execution of this Agreement, to
comply with all provisions of this.Agreement.
14.This Agreement shall be binding on the grantees, the successors and assigns of the
parties hereto with reference to the subject matter of this Agreement.
•
15.Animals should not be grazed on sludge/residual applied lands within a thirty (30)
day period following the sludge application. Application sites that are to be used for
grazing shall have fencing that will be used to prevent access during these periods
after each application.
16.Prior to a transfer of this land to a new owner, a notice shall be given by the current
landowner to the new landowner that gives full details of the materials applied or •
incorporated at each site.
•
17.Any duly authorized officer, employee, or representative of the Division of
• Environmental Management may, upon presentation of credentials, enter and
inspect any property, premises or place on or related to the application site and
facility at any reasonable time for the purpose of determining compliance with this
permit; may inspect or copy any records that must be kept under the terms and
conditions of this permit; or may obtain samples of groundwater, surface water,
• • or leachate.
11I111I11111I11I11111111111il11I1111I I11111iil1III1I11111I1II11I1I11111111111111IIIII111111IIIIlI11111111111II11I11I
•
RESTRICTIONS:
21 of 25
PAGE 22 (4/91)
• 11111111111111111111111111111111111111I1I1I11111111111111111111111111I I I I1111111111111111111111111111111111111111111
•
I, Sam W. Smith have read this land owner's agreement and do hereby grant permission to the
Permittee to apply sludge/residual to my lands as specified herein.. ' ,, / /
Land Owner
•
jy9
Date
NORTH CAROLINA, 1/41Q ‘/ COUNTY,
I, the undersigned Notary Public, do hereby certify that y- •
personally appeared before me this day and acknowledged the due execution of the forgoing
instrument.
WITNESS my hand and official seal this / day of S , 1913
NOTARY PUBLIC
•
My commission Expires ; /9 9 7
1
• SEAL
I, have read this land owner's agreement and do hereby agree to abide by the
stipulations and restrictions as specified herein.
Lessee
Date
I. Jame G M na 1 y• ,T r have read this land owner's agree t •nd do hereby agree v. •• y the
stipulations and restrictions as specified herein. I
Permittee
b
Date
. s
22 of 25
PAGE 24 (4/91) •
Name and Complete Address of Engineering Firm:. .
City: • State: Zip: '
Telephone No:
Professional Engineer's Certification:
I, • , attest that this application for
has been reviewed by me and is accurate
and complete to the best of my knowledge. I further attest that to the best of my knowledge the
proposed design has been prepared in accordance with the applicable regulations. Although certain
portions of this submittal package may have been developed by other professionals, inclusion of
these materials under my signature and seal signifies that I have reviewed this material and have
judged it to be consistent with the proposed design.
North Carolina Professional Engineer's Registration No.
•
Print Name of Engineer •
• Seal and Signature (specify date): .
•
•
Applicant's Certification:
•
I, .Tamps M_ Daly, J r . , attest that this application for
rp pwal of permit #W 0001348
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed and that if all required supporting
information a d attachments are not in luded, this application package will be returned as
incomplete.
•
Signature 4 Date ( 0/1l I eta •
•
• THE OMPLETED APPLICATI PACKAGE,INCLUDING ALL SUPPORTING •
INFORMATION AND MATERIALS,SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
PERMITS AND ENGINEERING UNIT
POST OFFICE BOX 29535
512 NORTH SALISBURY STREET
RALEIGH, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: 919/733-5083
• 24of25
cc: Permits and Engineering
Technical Support Branch
County Health Dept.
Central Files
WSRO
SOC PRIORITY PROJECT: Yes No
If Yes, SOC No.
To: Permits and Engineering Unit
Water Quality Section
Attention: (John Seymour)
October 29, 1993 :
NON DISCHARGE STAFF REPORT AND RECOMMENDATION
County Rockingham
Permit No. WQ0001348
PART I - GENERAL INFORMATION
1. Facility and Address: Miller Brewing Company
863 East Meadow Road
Eden, N.C. 27288
2 . Date of Investigation: October 20, 1993
3 . Report Prepared by: David Russell, WSRO
4 . Persons Contacted and Telephone Number: Becky SHeppard,
Environmental Coordinator (919) 627-2353
5. Directions to Site: The Miller Brewing facility is located
on the northeast corner of N.C. Hwy 770 (Meadow Road) and
NCSR 1733 . This is 1/4 mile east on the N.C. Hwy 14
Junction with NC Hwy 770 in Eden.
Attach a U. S.G. S. map extract and indicate facility site.
U. S.G. S. Quad No. A20SW U. S.G. S. Quad Name Northeast Eden
PART IV - EVALUATION AND RECOMMENDATIONS
The Miller Brewing Company holds NPDES Permit NO. NC0029980
for the discharge of 5. 2 MGD of industrial wastewater into the
Dan River, Class "C" waters.
• Non-discharge Permit No. WQ0001348 is for the land
application of diatomaceous earth slurry from the Eden Brewery.
The spent diatomaceous earth is normally dewatered and then
disposed of in the Rockingham County landfill. Since there is no
backup system for dewatering, Miller Brewing Company keeps this
permit current should land application become necessary due to
equipment or operational problems. There has been no occasion to
land apply the slurry since 1978. The Company has approval to
land apply the diatomaceous earth sludge on approximately 150
acres of the Circle S. Ranch owned by Mr. Sam W. Smith, Jr.
The diatomaceous earth is used to filter yeast and grain
hulls out of the beer after the fermentation process. The
diatomaceous earth is contained in pressure centrifuge filters
that filter the beer. After a certain number of cycles the
diatomaceous earth is dewatered in a low pressure plate press.
It is estimated that approximately 20 yards of the material is
taken to the landfill each week. It should be noted that the
diatomaceous earth is a by product of the brewery process and is
not generated at the WWTP. Miller Brewery holds Non-discharge
Permit No. WQ0001347 for disposal of their WWTP sludge.
WSRO recommends reissuance of Non-discharge Permit No.
WQ000134.8 to Miller Brewing Company for land application of the
diatomaceous earth slurry.
C,44.644Air s3 i6 2-7
ignature of report preparer
6/1.>
Water Quality Regional pervisor
Date
NPDES Permit Staff Report
Version 10/92
Page 2
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RECEIVED
N.C. Dept. of EHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT J A P' 1 P 1994
GROUNDWATER SECTION
January 4, 1993 x;r;a
MEMORANDUM
TO: Carolyn McCaskill
THROUGH: Bob Cheek FY,
FROM: Brian Wagner —
SUBJECT: Miller Brewing Company
Land Application of Residual Solids
Rockingham County
WQ0001348/GW93268
( Angela Griffin: DEM SERG Review Engineer)
The Groundwater Section has reviewed the subject permit renewal application and
recommends reissuance of the permit with the following conditions:
1. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
2. The COMPLIANCE BOUNDARY for the disposal system is specified by
regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The
Compliance Boundary is for the disposal system constructed after December 31,
1983 is established at either (1) 250 feet from the waste disposal area, or(2) 50 feet
within the property boundary, whichever is closest to the waste disposal area. An
exceedance of Groundwater Quality Standards at or beyond the Compliance
Boundary is subject to immediate remediation action in addition to the penalty
provisions applicable under General Statute 143-215.6A(a)(1).
3. In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around
the disposal systems midway between the Compliance Boundary and the perimeter
of the waste disposal area. Any exceedance of standards at the Review Boundary
shall require remediation action on the part of the permittee.
cc: Sherri Knight
Central Files
Permit Files
baw/93268.doc
cc: Permits and Engineering
Central Files
WSRO
Date April 14 , 1989
NON-DISCHARGE STAFF REPORT AND RECOMMENDATIONS
County Rockingham
Non-Discharge Permit No. WQ0001348
(Renewal of Permit No. 4653R)
PART I - GENERAL INFORMATION
1 . Facility and Address :
Miller Brewing Company
863 East Meadow Road
Eden, N. C. 27288
2 . Date of Investigation: April 13 , 1989
3 . Report Prepared by: Mike Mickey, Environmental
Technician IV
4 . Persons Contacted and Telephone Number:
Mr. Marc Stokes, Acting Environmental Coordinator
Phone ( 919 ) 627-2353
Mr . Cecil Link, ORC
5 . Directions to Site :
The Miller Brewing facility is located on the northeast
corner of N. C. Hwy 770 (Meadow Road) and NCSR 1733 .
This is 1 1/4 mile east of the N.C. Hwy 14 Junction
with NC Hwy 770 in Eden.
USGS Quad No. A20SW or USGS Quad Name Northeast Eden
(See attached map locating the facility)
PART II - EVALUATION AND RECOMMENDATIONS
The Miller Brewing Company holds NPDES Permit No.
NC0029980 for the discharge of 5 . 2 MGD of industrial
wastewater into the Dan River, Class "C" waters .
Non discharge permit No. WQ0001348 is for the land
application of diatomaceous earth slurry from the Eden
Brewery. The spent diatomaceous earth is normally dewatered
and then disposed of in the Rockingham County landfill.
Since there is no backup system for dewatering, Miller
Brewing Company keeps this permit current should land
application become necessary due to equipment or operational
problems. There has been no occasion to land apply the
slurry since 1978 . The Company has approval to land apply
the diatomaceous earth sludge on approximately 150 acres of
the Circle S Ranch owned by Mr. Sam W. Smith, Jr.
The diatomaceous earth is used to filter yeast and
grain hulls out of the beer after the fermentation process.
The diatomaceous earth is contained in pressure centrifuge
filters that filter the beer. After a certain number of
cycles the diatomaceous earth is dewatered in a low pressure
plate press. It is estimated that approximately 20 yards of
the material is taken to the landfill each week. It should
be noted that the diatomaceous earth is a by product of the
brewery process and is not generated at the WWTP. Miller
Brewery holds non-discharge permit No. WQ0001347 for
disposal of their WWTP sludge.
Miller Brewery should be required to submit a map
locating the 150 acre site disposal on the Sam W. Smith
farm. WSRO does not have a map in our files and Miller
Brewery representatives were unsure of the exact location
since no sludge has been applied in over ten years.
WSRO recommends reissuance of non-discharge permit No.
WQ0001348 to Miller Brewing Company for land application of
the diatomaceous earth slurry.
Signature of report prepgkter
/41 )47,A-
Water Quality Superv' sor
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g•N Mapped, edited, and published by the Geological Survey
Y/ � �
RECEIVED
,97 " N.C. Dept. N;CD
MAR 21 4199
Winston-Salem
State of North Carolina Regional Office
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary Date: { j ,19 / • Director
( • : \ SUBJECT: Application No. WQ
k 2 I k %ll_tmck `'eta 1 i , -- —k-( ;4)�� f i
_ -7(1 ;)() i_C‘A\do C I(
1
`
Dear _ •
R ` +('�,:>�
The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting
materials on ; 1 i j , 19 i .This application has been assigned the number shown above. Please
refer to this number when making inquiries on this project.
Your project has been assigned to I _ • ' for a detailed engineering
review A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty(30)
days, please contact the engineer listed above.
Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Super-
visor or a Procedure Four Evaluation for this project, prior to final action by the Division.
If you have any questions, please call the review engineer listed above at (919) 733-5083.
Sincerely
OCktO 4.4 s'O"be'''
fleiArthur Mouberry, P.E.
Supervisor, Permits and Engineering
cc: Regional Supervisor
ASS!GN!D
roUL LATE y -/ s
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
• DIVISION OF
• '/' ° .s-,„, ENVIRONMENTAL
... North Carolina Department of Natural MANAGEMENT
" rt j Resources &Community Development Robert F.Helms
p Director
`�� James B.Hunt,Jr.,Governor
`a a.,..:;07 James A.Summers,Secretary Telephone 919 733-7015
September 21, 1984 .•...._
RECEIVED
N.C. Dept, NRCD
Mr. Harold N. Bynum
Smith Moore Smith Schell & Hunter MAR 21 '989
Post Office Box 21927
Greensboro, North Carolina 27420 WinStC^ '' ----r
SUBJECT: Permit No. 4653R Regional v„.,,u
Miller Brewing Company
Eden, North Carolina
Land Application of Waste
Diatomaceous Earth Sludge
Rockingham County
Dear Mr. Bynum:
In accordance with your application received March 1, 1984, we are
forwarding herewith Permit No. 4653R, dated September 21, 1984, to Miller
Brewing Company for the disposal of waste diatomaceous earth sludge (slurry)
from Miller's Eden Brewery by land application on designated, existing, fenced
pasture areas of approximately 150 acres of the Circle S. Ranch, owned by
Mr. Sam W. Smith and located in Rockingham County.
This permit shall be effective from the date of its issuance until
September 30, 1989, shall be subject to the conditions and limitations as
specified therein and shall void Permit No. 4653., issued on January 27, 1978.
If any parts, requirements, or limitations contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing before a
hearing officer upon written demand to the Director within thirty (30) days
following receipt of this permit, identifying ghe specific issues to be con-
tended. Unless such demand is made, this permit shall be final and binding.
If you have any questions or need additional information concerning this
matter, please contact Mr. William C. Mills, telephone number 919/733-5083.
Sincerely yours,
P"IlleititC7 41,01&W
Robert F. Helms
cc: Rockingham County Health Department
Mr. Forrest R. Westall
Winston-Salem Regional Supervisor
WCM/d j b
P.O.Box 27687 Raleigh,N.C.27611-7687
An Equal Opportunity Affirmative Action Employer
.// RECEIVED
N.C. Dept. NRCD
NORTH CAROLINA
MAR 21 1989
ENVIRONMENTAL MANAGEMENT COMMISSION
Winston-Salem
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT Regional Office
RALEIGH
PERMIT
For the Discharge of Sewage, Industrial Wastes, or Other Wastes
In accordance with the provisions of Article 21 of Chapter 143, General
Statutes of North Carolina as amended, and other applicable Laws, Rules, and
Regulations
PERMISSION IS HEREBY GRANTED TO
Miller Brewing Company - Eden, North Carolina
Rockingham County
FOR THE
disposal of waste diatomaceous earth sludge (slurry) from Miller's Eden Brewery by
land application on designated, existing, fenced pasture areas of approximately
150 acres of the Circle S. Ranch, owned by Mr. Sam W. Smith and located in
Rockingham County,
pursuant to the application received March 1, 1984, and in conformity with the
project plans, specifications and other supporting data, subsequently filed and
approved by the Department of Natural Resources and Community Development and con-
sidered a part of this permit.
This permit shall be effective from the date of issuance until September 30,
1989, shall void Permit No. 4653, issued January 27, 1978, and shall be subject
to the following specified conditions and limitations:
1. This permit shall become voidable unless the land application system is
operated in accordance with the approved plan documents and supporting data.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data.
3. The land application system shall be properly maintained and operated at all
times.
4. This permit shall become voidable unless the agreement between Mr. Sam W. Smith,
Owner of the Circle S. Ranch and Miller Brewing Company for the land application
of the diatomaceous earth sludge is in full force and effect.
5. This permit is not transferable.
Permit No. 4653R
Page Two
6. Sludge slurry will not be applied when the ground is frozen, saturated, during
rainy weather, or any period when rain is eminent. Satisfactory sludge
holding - storage facilities shall be provided during said periods.
7. Application of the sludge slurry will not exceed 0.2 inch/acre/week.
8. Spreading of the waste slurries will be scheduled in order to facilitate a
full weekly loading of 0.2 inches/acre to allow seven (7) days rest prior to
additional applications.
9. No sludge slurry will be applied within 100 feet of any surface waters, public
or private, and provisions will be made to insure that no runoff will occur
which would contaminate or otherwise render unusable the surface waters of
the State.
10. Nothing in this permit shall be deemed to preclude the institution of any
legal action nor relieve the holder from any responsibilities, liabilities, or
penalties to which the holder is or may be subject to under the provisions of
North Carolina General Statues 143-215, or under any Federal, State or local
law or regulation.
11. The Permittee, at least six (6) months prior to the expiration of this permit,
shall request its extension. Upon receipt of the request, the Commission will
review the adequacy of the facilities described therein, and if indicated,
will extend the permit for such period of time and under such conditions and
limitations as it may deem appropriate.
12. The issuance of this permit does not convey any property rights in either real
or personal property, or any exclusive privileges, nor does it authorize any
injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
13. This permit shall become voidable in the event of failure of the soil to
adequately absorb the wastes, and may be rescinded unless the facilities are
maintained and operated in a manner which will protect the assigned water
quality standards of the surface waters and groundwaters.
14. Any monitoring deemed necessary by the Division of Environmental Management
to insure surface and groundwater protection will be established and an
acceptable sampling reporting schedule shall be followed.
Permit issued this the 21st day of September, 1984.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
3,44,./. de if4P4ePt.42416
XIRobert F. Helms, Director
Divison of Environmental Management
By Authority of the Environmental Management Commission
Permit No. 4653R
SMITH HELMS MULLISS & MOORE
ATTORNEYS AT LAW
CHARLOTTE OFFICE GREENSBORO, NORTH CAROLINA
MAILING ADDRESS RALEIGH OFFICE
POST OFFICE BOX 31247
CHARLOTTE, N.C. 28231 MAILING ADDRESS MAILING ADDRESS
POST OFFICE BOX 27525
STREET ADDRESS
POST OFFICE BOX 21927
SOO NCNB BUILDING RALEIGH,N.C.27611
STREET ADDRESS GREENSBORO, N.C. 27420 101 WEST FRIENDLY AVENUE
227 NORTH TRYON STREET
GREENSBORO, N.C. 27401 STREET ADDRESS
CHARLOTTE, N.C. 28202
3,6 WEST EDENTON STREET
TELEPHONE 919/378-5200 RALEIGH,N.C.27603
TELEPHONE 704,343-2000 TELECOPIER 919/379-9558
TELECOPIER 704/334-8467
TELEX 572460
TELEPHONE 919/828-8207
March 1, 1989 TELE FFIER 919/828-7938
TAMPA OFFICE
MAILING ADDRESS � CARY OFFICE
POST OFFICE BOX 1842 1 EDINBURGH CENTER
r- SUITE 104
TAM PA, FLORIDA 33601 RECEIVED 117 EDINBURGH SOUTH
CART, N.C. 27511
STREET ADDRESS N.C. Dept. NRCD TELEPHONE 919/467-7703
2600 NCNB PLAZA
400 NORTH ASHLEY DRIVE
TAMPA,FLORIDA 33602
TELECOPIER 919/469-3124
MAR 21 1989 WRITER'S DIRECT DIAL NUMBER
TELEPHONE 813/229-1993
TELECOPIER 813/229-B535
Winston-Salem 378-5285
Regional Office
•
Mr. Arthur Mouberry 1
Division of Environmental Management
North Carolina Department of Natural N ,
Resources and Community Development
Post Office Box 27687 (;:C1•, I;:
Raleigh, North Carolina 27611-7687
Re: Miller Brewing Company f
Eden, North Carolina
Non-Discharge Permit #4653
Dear Mr. Mouberry:
This is in reference to Permit #4653 issued to Miller
Brewing Company and our letter of January 31, 1989 making appli-
cation for renewal of this permit. We are enclosing our check in
the amount of $125 . 00 in payment of your permit renewal fee and a
copy of the letter dated January 10, 1989 from Sam W. Smith, Jr.
authorizing the application of diatomaceous earth to his land in
Rockingham County.
If you have further questions concerning the renewal appli-
cation, please give me a call.
Very truly yours,
SMITH HELMS MULLISS & MOORE
/ /,,J•ia-/-, 4,1----e---(---7-1\_ _.--/
Harold N. Bynum
HNB/dp
Enclosure
•
01111111
SAM IN. SMITH, INC.
P. O. Box 428 - Eden, North Carolina 27288 - Telephone 919-623-9151
CONTRACTORS
r"•
January 10, 1989 MAC
Winstr --
Re is
Miller Brewing Company
863 E . Meadow Road
Eden, N. C. 27288
•
Dear Sirs :
This letter is written to inform you of my consent and
understanding of the use of approximately 150 acres of
Circle S Ranch to be used for land application of waste
diatomaceous earth slude (slurry) for the year of 1989 .
Each year this agreement will be discussed and hopefully
agreed on . The Circle S Ranch is located in Rockingham
County.
very truly yours
Q
SAM W. SMITH, JR.
P .O. Box 428
Eden, N. C . 27288
SWS,JR/bbc
Ifr
i71,4\r4p
LIALLLNLIIMEME
G..'"` O ,s.-- i -.�
vr- ///o/F Liz ,
SMITH HELMS MULLISS & MOORE RECEWED
ATTORNEYS AT LAW }
CHARLOTTE OFFICE GREENSBORO, NORTH CAROLINA FER <i IuO:
MAILING ADDRESS H M ��
POST OFFICE BOX 31247 A E OFFICE
CHARLOTTE. N.C. 28231 MAILING ADDRESS
MAILING ADDRESS STREET ADDRESS T,.�,,,....p.ppppT�
POST OFFICE BOX 21927 500 NCNB BUILDING
PERMITELOIy�1, 725
STREET ADDRESS GREf NSBORO, N.C. 27420
227 NORTH TRYON STREET 101 WEST FRIENDLY AVENUE q
CHARLOTTE. N.C. 28202 GREENSBORO, N.C. 27401 ! STREET ADDRESS
316 WEST EDENTON STREET
TELEPHONE 919/376-5200 RALEIGH,N.C. 27603
TELEPHONE 704/343-2000 TELECOPIER 919/379-9558
TELECOPIER 704/334-8467
TELEX 572460 TELEPHONE 919/828-8207
TAMPA OFFICE
January 31 , 1989 TELECOPIER 919/828-7938
MAILING ADDRESS CA RY OFFICE
POST OFFICEr EDINBURGH CENTER
BOX 1842 -— `^lamI \, SUITE 104
TAMPA, FLORIDA 33601 `v'
1 117 EDINBURGH SOUTH
STREET ADDRESS - •
: CA Rr, N.C. 27511
2600 NCNB PLAZA - - `
400 NORTH ASHLEY DRIVE 1 TELEPHONE 919/467-7703
TAMPA,FLORIDA 33602 t} TELECOPIER 919/469-3124
TELEPHONE B13/229-1g93 f 3 ) I`.' FEB 2 1989 WRITER'S DIRECT DIAL NUMBER
TELECOPIER 813/229-B535
ADMINISTRATIVE SERVICES
378-5285
Mr. R. Paul Wilms, Director RESOURCE MANAGEMENT
•
Division of Environmental Management
Department of Natural Resources and '" •Community Development 4 �' ; :
Post Office Box 27687 RECEIVED = =,
Raleigh, North Carolina 27611 N.C. Dept. NRCD . ,
FEB 23 1989
Re : Miller Brewing Company MAR 2 1 1989
Eden, North Carolina WATER QUALITY
Non-Discharge Permit #4653 Winston-Salem 1 SECTION
Dear Mr. Wilms : Regional Office..
. This is in reference to Permit #4653 issued to Miller
Brewing Company ( "Miller" ) for the application of diatomaceous
earth slurry from the Eden Brewery to certain land in
Rockingham County. A copy of the most recent renewal of the
permit is enclosed for your convenient reference.
The normal procedures in place at the Eden Brewery for
handling spent diatomaceous earth is to dewater the
diatomaceous earth and transport the material to the Rockingham
County Landfill. Since there are no backup systems for
dewatering, it is necessary to make arrangements for the
disposal of diatomaceous earth in the event of equipment
outages and for other such operational problems . This permit
has served as the back-up or standby alternative for disposal
of the diatomaceous slurry in the event of such contingencies.
To my knowledge, there has been no occasion to land apply the
slurry since 1978 .
However, the operational needs for standby arrangements
continue at the brewery. Therefore, on behalf of Miller, we
hereby -retest- �t4e, renewal of Permit #4653 for the back-up or
St ibraisposal of diatomaceous earth upon the land of Sam W.
r
•
Mr. R. Paul Wilms, Director
January 31, 1989
Page Two
Smith, Jr. in Rockingham County. Allred please find a copy
of a letter dated January. 10, 1 S K om Sam W. Smith, Jr.
authorizing the application of diatomaceous earth slurry to his
land `' iri Rockingham County. The current operations and
conditions at the brewery concerning diatomaceous earth are the
same as they were when the original Permit #4653 was issued.
If you have any questions or need any further information
concerning the renewal of this permit, please give me a call.
Very truly yours,
SMITH HELMS MULLISS & MOORE
41d-(44.///4-re43-77
Harold N. Bynum
HNB/dp
Enclosures
cc: Mark Stokes
Rex L. Holder, Jr.
Garrett Reich