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HomeMy WebLinkAboutWQ0004166_More Information (Received)_20200828ALDERMEN 302 East Main Street Cathy Ballou PO Box 67 Charles Caudill Jefferson, NC 28640 Mark Johnston Wes Williams Phone (336)846-9368 Max Yates Fax (336)846-2288 Tax ID * 56-0896625 August 28, 2020 Poonarn Giri, Hydrogeologist NC Department of Environmental Quality Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 SUBJECT: Application No. WQ0004166 / Jefferson, Ashe County Additional Information Request Town of Jefferson Land Application of Class B Residuals Dear Ms. Giri: MAYOR Bluferd Eldreth TOWN MANAGER Cathy L. Howell FINANCE OFFICER Anna M. Brooks Please find enclosed the additional information requested for the Town of Jefferson renewal of Class B residuals permit # WQ0004166. A. Property Ownership Documentation 1. Please find the revised LOA 06-16 signed by James Nathan Walters as the owner of the property referenced as Field 5. 2. Due to the recent requirement by NC Division of Water Resources obligating property owners to record setback waivers with the county Register of Deeds, the Town of Jefferson will remove Site 3 from the permit. B. Site Map 1. As noted in the email of August 17, 2020, with the removal of Field 3 a revised site map will be unnecessary. As requested, the Town is providing two paper copies and one electronic copy to you today. If you have questions or require additional information please contact Mr. Tim Church at (336) 246-2165 or Thank you for your assistance toward this permit re news 1. Respectfully, -1v� AAX� �or Howd( Tim Church, Water Resources irector State of North Carolina DWR Department of Environmental Quality Division of Water Resources Division of Water Resources ISA NCAC 02T .1100 — LAND OWNER AGREEMENT FORM: LOA 06-16 Please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of additional information requested. Failure to submit all of the required items will lead to additional processing and review time for the permit application. Unless otherwise noted,, the Applicant shalt submit one original and two conies of the application and supporting documentation For more information, visit the Water duality Permitting Section's ion-Disclutrge Permitting Unit General — This document is an agreement between the Applicant and land owner(s) of residuals receiving sites for land application of Class B residuals (may include water treatment plant or other type residuals) in accordance with 15 A NCAC 02T .1100. Do not submit this agreement for review without a corresponding application form (FORM: RLAP 06-16). Unless otherwise noted, the Applicant shall submit one original and two copies of the application and supporting documentation listed below. A. Land Owner Agreement (FORM: LOA 06-16): ❑ Submit the completed and appropriately executed Land Application Site Certification (FORM: LASC 06-16) form. Please do not matte any unauthorized content changes to this form if necessary for clarity or due to space restrictions, attachments to the application may be made, as long as the attachments are numbered to correspond to the section and item to which they refer. ❑ Prepare a separate agreement for each set of land application sites that are owned or operated by an entity other than the Applicant. ❑ A copy of the completed and appropriately executed agreement must be provided to the landowner and the lessee/operator. AGREEMENT FOR THE LAND APPLICATION OF RESIDUALS TO PRIVATELY OWNED LAND The undersigned landowner or his representative hereby permits: Applicant's name: Town of Jefferson hereinafter referred to as the Permittee, to land apply residuals from the following facility(ies) onto the following land application site(s) (i.e., see attached setback maps) in accordance with the stipulations and restrictions as given in this Agreement: Site/Field ID Lease es/no (Y ) Land Use or Cropping Patterns ppg Intended Use of Crops Residuals Source (optional) Special note (no-tiWover-seed/ pasture) Field 5 n0 Hay/fescue Hay/pasture NCO021709 El The landowner or his representative receives, in consideration, full use of the nutrient value of the applied residuals while the Permittee receives, in consideration, the use of the land application site(s) described above for the disposal of the residuals. This Agreement shall remain in effect for the length of the Division's permit for the residuals land application program and shall be renewed each time this permit is renewed. The undersigned landowner or his representative and the Permittee agree to abide with the following restrictions and stipulations until such time as written notification, given 30 calendar days in advance, modifies or cancels this Agreement. FORM: LOA 06-16 Page 1 of 3 1. STIPUILATIONS: I . The landowner or his representative shall not enter into any additional residuals application contracts or agreements with another permitted entity for the site(s) specified by this Agreement. 2. Should the landowner or his rcpresentattic [ease or otherwise permit the use of the land application sites) to a third pariv, the landowner shall be responsible to ensure that the third party agrees and complies with the terms and conditions ofthis Agreement 3, The landowner or his representative shall adhere to the provisions of this Agreement until all of the site restrictions (under Section 11) arc ma 4. Notification ofcanccliation of this Agreement shall be immediately forwarded to NCDENK-DWR. Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh. NC 27699-1617. 5. The Pennines must request and obtain a permit modification from the Division prior to a transfer of the land application sitets) to a new lando,wrier. In addition, the current landowner shall gi% c a notice to the neck landowner that gives full details of the residuals applied at die land application site(s). 6. The Permatee has provided the landowner or his representative with information and data concerning the residuals land application program, includinp, at) analysis of constituents of the residuals- residuals application methods- schedules for typical cropping patterns, a description of the equipment used by the Permlittec. 7. The Perininec will provide [lie landowner or his representative with a copy of the residuals permit prior to commencement of any residuals land application event and a copy of die results of each soil analysis. 8. If the soil pH of the land application sitc(s) is not maintained at 6.0 or greater. sufficient amounts of Lime shall be applied to achieve a final soil pH of at least 6 0- unless an agronomist provides inforniation indicating that the PH of the soil, residuals and time mixture is suitable for the specified crop. 9. The landovvncr or his representative and the Permittoc will agree on residuals application rates and schedules based on crop patterns, results of soil samples, and the permitted application limits. 10, The landowner or his representative will provide the Permittee with information regarding the amount and analysis of other sources of nutrients (e.g., fertilizer, unregulated animal waste, ctc.) that have been applied to the land application site(s) I I . The landowner or his representative will inform the Pcrtnittec of auvr revisions or modifications to die intended use and cropping patterns for the land application sites) prior to each planting season to enable the Permitter to amend this Agreement and schedule residuals land application events at appropriate periods. 12. Specific residuals land application area boundaries shall be clearly marked on the land application sites) by the Pennittec, the landokvuer, or his representative prior to and during a residuals land application event. 13. Tice landowner or his representative herelly, authorizes the Permittec_ local offends, and State officials or their representatives to. enter and inspect any property, premises, or place on or related to the land application site(s) at any reasonable time for the purpose of deterillilling compliance with the permit: establish monitoring facilities on or near the land application site(s) as required by the permit-. copy any records that must be kept under the terms and conditions of the permit, take necessary leachate, surface water, groundwater. or soil samples during the terns of. and 12 months after termination of, this Agreement, IL RESTRICTIONS: 1. Appropriate measures must be taken by the Permittec and/or the landowner or his representative to control public access to the land application site(s) during active use and for the 12-month period following a residuals land application event. Such controls may. include the posting of signs that indicate the activities being conducted at the land application sitc(s)- 2. Animals shall not be grazed on the land application sitc(s) for a 30-day period following a residuals land application event. Land application sites that are to be used for grating shall have fencing that will be used to prevent access during these periods after such residuals land application events. 3. Food crops. feed crops, and fiber crops shall not be harvested for a 30-day period following a residuals land application event. 4. Food crops with harvested parts that touch the rosidualsisoil mixturcand are totally above the land surface shall not be harvested for a 14-nionth period following a residuals land application went. 5 Food crops with harvested parts below the surface of the land shall not be harvested for a 20-month period following a residuals land application event k%,hcn the residuals remain on the land surface for lour months or longer prior to incorporation into the soil. 6. Food crops with harvested parts below the surface of the land shall not be harvested for a 38-month period following a residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation Into the sod, 7. Turf grown on land where residuals are applied shall not be harvested for a 12-month period following a residuals land application event III.AILTERNATIVES FOR WATER SUPPLY WELLS INSIDE THE COMPLIANCE BOUNDARY: (please check one) I SA NCAC 02L.0 107(d) prohibits water SLIPPI\ \Ncll- vvithin the compliance boundary. However, 1 1 ldi)ih i allows the compliance boutidar\ to be placed closer to the waste disposal area, such that the \\alcr supply well is situated Outside of the compliance boundar\ provided the groundwater standards can be met at the newly -established compliance boundary. Please mark one of the following; El A re-definc-d compliance boundam is needed for field(s) ID: (Please include the rationale for the requested re -location of the compliance boundary and attach a map showing the newly proposed compliance boundary to the application package) A re -defined compliance boundan, is not needed for this -,lie, IV. ACKNOWLEDG EM ENT OF FIELD TRANSFER: (if needc: (1) N/A E3 The land application field(s) ID: is currently permitted under another residuals land application program: Permit Number WQ: The land owner licreby acknowledge that by signing this agreement, he/she is requesting that the fields) be removed from the previously permitted residuals land application program and transferred into the new program: (Name of the nc\N program) FORM,� LOA 06-16 Page 2 of 3 Landowner's Certification: I certify that I am a deeded landowner of the above -referenced land application site(s) and am authorized to make decisions regarding the use of the land application site(s) on behalf of other deeded landowners OR that I am otherwise authorized, through a power of attorney or other legal delegation, to make decisions regarding the use of the land application site(s) on behalf of the deeded landowners. I certify that the above -referenced land application site(s) are not included in any waste disposal contract or agreement with another municipality, contractor, or other permitted entity. Furthermore. I certify that I have read this Agreement, understand the stipulations, restrictions, alternatives for water supply wells inside the compliance boundary, acknowledgement of field transfer, and do hereby grant permission to the Vermittee to land apply residuals to the land application sites) as specified herein Landowner name: James Nathan Walters Address: ✓ Ati—,6e,1L City: State d Zip, 2 211 Phone: J3 E-mail address: ;4 CA A _C_ Z> Signature: A0. At;= z=�, Date: NORTH CAROLINA, Ashe — COUNTY L the undersigned Notary Public do hereby certify that James Nathan Walters personally appeared before me this day and acknowledged the due execution of the forgoing instrument. WITNESS my hand and official sea] this the T A day of )br 1 4 20 MY Comm. Exp. Signature and seal. L My commission expires: C, k, . _. 'C' V tj V_ c()U`tA Lessee's/Operator's Certification: I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein. Lessee"Operator name-, Tim Church, Town of Jefferson Address: P.O. Box 67 City: Jefferson State: NC W-Iffloms Phone. (336) 246-2165 E-mail address:jef f wns,A.cerituryl ink. net Signature: Date: 912412Q20 Permittee's Certification: I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein. Signing official Signature: Date 2/24/2020 FORM: LOA 06-16 Page 3 of 3