WQ0004172_Final Permit_19901226

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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
December 26, 1990
Ms. Linda F. Allred, Operations Manager
Hatcher Realty
1318-F Central Avenue
Charlotte, North Carolina 28205
Dear Ms. Allred:
George T. Everett, Ph.D.
Director
Subject: Pemlit No. WQ0004172
Hatcher Realty - PEC 301
Land Disposal of Petroleum
Contaminated Soils
Union County
In accordance with your application received September 25, 1990, we are forwarding
herewith Permit No. WQ0004172, dated December 26, 1990, to Hatcher Realty for the
construction and operation of the subject petroleum contaminated soil disposal program.
This permit shall be effective from the date of issuance until November 30, 1995, and
shall be subject to the conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request an adjudicatory hearing upon written request within 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. Box 11666, Raleigh, NC 27604. Unless such demands are made this permit shall
be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need
additional information concerning this matter, contact Mr. Mark Hawesat 9191733-5083.
in erely,
rge T. v ett
cc: Union County Health Department
Mooresville Regional Office
Groundwater Section
Petroleum Environmental Consultants, Inc.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
CONTAMINATED SOILS DISPOSAL 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
HATCHER REALTY
Union County
FOR THE
construction and operation of a petroleum contaminated soils disposal system consisting of
disposing of approximately 492 cubic yards of petroleum contaminated soil from Hatcher Realty's
foi7ner Sunoco Station in Mecklenburg County to a 53,136 square foot disposal area located along
Highway 74 outside of Indian Trail in Union County with no discharge of wastes to the surface
waters, pursuant to the application received September 25, 1990 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 November 30, 1995, and shall be
subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The Mooresville Regional Office, phone no. [phone], shall be notified at
least twenty-four (24) hours after land application of the contaminated soil so that
an inspection can be made. Such notification to the regional supervisor shall be
made during the normal office hours from 8.00 a.m. until 5:00 p.m. on Monday
through Friday, excluding State Holidays.
2. This permit shall become voidable if the soils fail to adequately assimilate the
wastes and may be rescinded unless the facilities are installed, maintained, and
operated in a manner which will protect the assigned water quality standards of the
surface waters and ground waters.
In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.
4. 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 facility.
The following buffers shall be maintained:
a) 100 feet between disposal area and any public or private water supply including
wells

b) 100 feet between disposal area and "SA and SB" classified surface waters
c) 50 feet between disposal area and any stream, lake, river or natural drainageway
d) 50 feet between disposal area and property lines
e) 10 feet between disposal area and surface water interceptor drains or diversions
(upslope)
f) 25 feet between disposal area and surface water interceptor drains or diversions
(downslope) and groundwater drainage systems.
6. No contaminated soil other than that from the Hatcher Reality former Sunoco
Station in Mecklenburg County shall be placed on the land disposal site.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times.
2. The Permittee shall employ a certified wastewater treatment plant operator to be in
responsible charge of the wastewater treatment facilities. The operator must hold a
certificate of the grade at least equivalent to the• classification assigned to the
wastewater treatment facilities by the Certification Commission.
3. Adequate measures shall be taken to prevent surface runoff from carrying any
disposed material into any surface waters.
4. The 492 cubic yards of contaminated soil shall be spread to a thickness not to
exceed 3 inches on at least 1.2 acres of land at the disposal site.
5. The facilities shall be effectively maintained and operated as a non -discharge system
to prevent the discharge of any wastewater resulting from the operation of this
facility.
6. The site shall be adequately limed to a soil pH of at least 6.5 prior to disposal of the
contaminated soil. The contaminated soil and lime shall be thoroughly incorporated
into the top six to eight inches of the native soils by tilling or disking.
7. To ensure that sufficient oxygen is provided for waste biodegradation, the site shall
be retilled at periods of one month, two months, and every six months thereafter
following disposal.
8. No food -chain crops shall be grown on the landfarming sites for at least two years
following the completion of contaminated soil application and remediation,
9. Nutrients, in the form of nitrogen and phosphorus fertilizers, must be applied over
the disposal area and fully incorporated into the mixed contaminated and native soil
layer. To provide maximum benefits, fertilization should occur no sooner than 5
days nor later than 30 days subsequent to disposal.
Rate of fertilizer application should be the lesser of the following:
a) For nitrogen, the tolerance level of the vegetative crop, as determined by a
knowledgeable party, or 75-100 pounds per acre plant available nitrogen
(PAN).
b) For phosphorus, the tolerance level of the vegetative crop, as determined by a
knowledgeable party, or 50-75 pounds per acre P2O5 (or equivalent).
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III. MONITORING AND REPORTING REQUIREMENTS
Any monitoring deemed necessary by the Division of Environmental Management
to insure surface and ground water protection will be established and an acceptable
sampling reporting schedule shall be followed.
2. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office
telephone no. [phone], 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 discharge of wastes to
receiving waters.
c. Any time that self-monitoring information indicates that the facility is not in
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 sludge treatment.
e. Any spillage or discharge from a vehicle or piping system transporting
contaminated soil 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
Soil samples will be collected, from a minimum of two (2) areas at the disposal site,
at intervals of six months and twelve months following disposal.
Each sample will be composed of the vertical column of soil, extending from land
surfaces to the maximum depth of waste incorporation, and collected by using a soil
auger, Shelby tube or split -spoon sampler.
Samples at each location will be thoroughly mixed and a representative portion
analyzed (by methods specified in Guidelines For Remediation of Soil
Contaminated By Petroleum available from the Division of Environmental
Management) to determine the concentration of (1) Petroleum Fuel Hydrocarbons
(Method 3550) and (2) any Volatile Organic Aromatic (VOA) compounds present.
A copy of the laboratory results of the soil analysis will be submitted to the
Mooresville Regional Office, to the attention of the Regional Hydrogeological
Supervisor, within 30 days of sample collection.
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2. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
V. INSPECTIONS
I . Adequate inspection, maintenance, and cleaning shall be provided by the Permittee
to insure proper operation of the subject facilities.
2. The Permittee or designee shall inspect the contaminated soil area to prevent any
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 keep 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 three years from the
date of the inspection and shall be made available upon request to the Division of
Environmental Management or other permitting authority.
3. 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 disposal 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.
- VI. GENERAL CONDITIONS
This permit shall become voidable unless the contaminated soil is disposed of in
accordance with the conditions of this permit and the approved documents.
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 transferable. In the event there is a desire for the facilities to
change ownership, or there is 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. In any future transfer of this land, a notice shall. be given to the new owner that
gives full details of the materials applied or incorporated at this site.
5. A set of approved documents for the subject project must be retained by the
applicant for the life of the project.
6. 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.
7. 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).

r
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.
9. The Permittee, at least six 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.
Permit issued this the 26th day of December, 1990
NO CAROLINA
- George T. Everett;
Division of Envirbn
By Authority of the
Permit No. WQ0004172
5
AL MANAGEMENT COMMISSION
Management Commission