WQ0003924_Rescission Denial_20230131

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
RONALD BUCK — PARTNER
LINGO PARTNERSHIP
5200 OLD HARDING ROAD
FRANKLIN, TENNESSEE 37064
Dear Mr. Buck,
NORTH CAROLINA
Environmental Quality
January 31, 2023
Subject: Penult No. WQ0003924
Permit Rescission Denial
Linco Partnership — Lincolnton
WWTF
Wastewater Irrigation System
Lincoln County
This letter is in response to your permit rescission request received September 21, 2022.
The Mooresville Regional Office has reviewed your permit rescission request and has determined
that the Permittee needs to address the following item:
1. The Permittee shall submit a Closure Plan for the wastewater treatment, storage, and irrigation
facilities. Attached is a Division -issued Memorandum titled "Guidelines for the Closure of
Permitted Wastewater Ponds and Lagoons" for your reference.
Accordingly, the Division has denied your permit rescission request. Pursuant to 15A NCAC 02T
.0105 , "the Permittee shall comply with all permit conditions and requirements until the waste treatment
systems authorized by the permit are properly closed or subsequently permitted by another permit issued
by the appropriate permitting authority for that activity."
Please contact the Mooresville Regional Office at [phone] if you need assistance
completing the above item. Once the Permittee has addressed this item, you may resubmit your permit
rescission request via the Non -Discharge online portal.
If you need additional information concerning this letter, please contact Nathaniel Thornburg at
[phone] or nathaniel.thornburg&ncdenr.gov.
Sincerely,
DDocuSigned by:
T..u.
"WoN83
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA +
D^wr"^^00 ro^m^^v n^a� /'� 919.707.9000

August 18, 2003
TO: Groundwater Regional Supervisors
Permits & Compliance Unit
Operations Branch
FROM: Arthur Mouberry, P.E.de
Chief, Groundwater Section
SUBJECT: Guidelines for the Closure of Treatment Ponds and Lagoons
Purpose: The purpose of these. guidelines is to protect the quality of the groundwater resources
of the state while accomplishing the closure of a treatment pond or lagoon.
Background: Man-made treatment ponds and lagoon type structures are used to contain fluids
and semi -solids for a variety of reasons. As these ponds and lagoons become no longer
necessary, the structure needs to be abandoned in an environmentally friendly manner. The
Groundwater Section's major concern with the elimination of these stnictures is that
groundwater remains protected both during and after abandonment. Each structure must be
considered for its unique circumstances on a case -by -case basis.
Regulations relevant to the abandonment of ponds and lagoons for ground waters of the state
include the Classifications and Water Quality Standards found in Title 1 5A NCAC 2L. Other
pertinent standards and regulations maybe found in the DENR Land Resources regulations
pertaining to Sedimentation and Erosion Control and Dana Safety, the DENR "Waste
Management regulations pertaining to the disposal of wastes and sludge, and the NCDOT
regulations pertaining to transportation of materials on public highways. Lagoons for animal
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waste are regulated under the federal NRCS Standards.
Recommended Procedure:
The major elements of pond and lagoon structures include the contents, the walls, the floor and
the liner, if one exists. Each element must be characterized for its quantity and material
properties in order to prepare a closure plan. Guidelines for the preparation of this plan are
described in the following steps:
1) Collect and assemble field information by characterizing the structural elements and liquid
contents, including bottom sludge in the impoundment. Sampling will be required in most
situations, and the types of sampling and analyses will depend on factors such as what the
lagoon was used for, its construction materials (earthen, concrete, natural or synthetic liner),
and size. The samples must be representative of the medium sampled, and the rationale for
the depths, locations and number of samples should be justified and documented in
preparation of being legally defensible. The sampling must be performed under the direction
Lagoon Closure final,doc Page 1 of 3

of a qualified individual and analyzed by a DWQ Certified Laboratory.
<y`
y 2) Prepare and submit a Closure Plan to the DWQ regional office at least 30 days prior to
commencing deconstruction activities. This should include as a minimum:
a. the quantity and characteristics (TCLP, nutrients, metals) of the materials for disposal
(contents, walls, floor and liner), including the calculations used to determine
volumes,
b. an assessment of alternatives (actions, costs and timing) in sufficient detail to select
an optimum approach consistent with minimal groundwater impact,
c. a proposed method for removal/disposal, including the abandonment and salvage of
any physical equipment, and a timetable for the project,
d. site reclamation plan and section view of the treatment, storage and disposal area(s),
e. vicinity map, and
f. location map to scale showing items such as the location of sampling points, existing
monitoring and supply wells (within 500 feet), depth to groundwater, direction of
groundwater flow, roads, strictures, and rock outcrops.
3) If the structure is to be retained for an ornamental pond, storage or any other function other
than for treatment, then the Closure Plan will need to demonstrate that the residuals of
treatment (e.g. physical connections, bottom sludge, coliforms, nutrients and metals) conform
to all appropriate surface water standards.
4) If the structure is to be abandoned in place (totally or partially), sampling of the underlying
native soil, whether it has a natural or synthetic liner, is required. If the sampling determines
that the soil is contaminated, then the Closure flan will need to demonstrate, by modeling or
numerical calculations, that leaving the contents and or stricture materials in place will not
cause a contravention of the groundwater quality standards in the groundwater beneath the
structure. If the modeling does not demonstrate this, than removal or treatment of the soils
must be included as part of the Closure Plan. If it were an earthen structure, the preferable
approach would be to completely eliminate the walls and incorporate the material in the
existing site.
5) Any land disturbing activity associated with the closure activities that affect more than one
(1) acre of land must have an erosion and sediment control plan approved by the Land
Quality Section of the Division of Land Resources. NC General Statute 113A-57(4) requires
this plan to be submitted at least thirty (30) days prior to beginning the land -disturbing
activity.
Closure Documentation:
Upon completion of the closure, the owner should submit documentation to the DWQ regional
office with the following:
1) A description of all actions taken and elates relative to the abandonment.
Lagoon Closine final.doo Page 2 of 3

2) Copies of all pertinent correspondence with private, Iocal, state and/or federal agencies.
3) Ultimate disposal sites with weigh tickets or processing verifications, as appropriate.
4) Certification by a Professional Engineer (PE) or Professional Geologist (PG) if the pond or
lagoon:
a. is greater than five (5) acres in total area,
b. contains hazardous substances as defined by TCLP tests, or
c. involves a breaching of a darn, which could impose a safety hazard to persons or
property below it.
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