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HomeMy WebLinkAboutWQ0000455_Final Permit_20030207WArFR Michael F. Easley, Governor William G. Ross Jr., Secretary q North Carolina Department of Environment and Natural Resources -{ Alan W. Klimek, P. E., Director C Division of Water Quality February 7, 2003 MR. T. RussELL LEwIs, PRESIDENT LEwIs FARMS OF BURGAW, INC. 6455 PINEY WOODS ROAD WATHA, NC 2847I Subject: Permit No. WQ0000455 Lewis Farms of Burgaw, Inc, Lewis Farms Residuals Land Application Program Land Application of Residual Solids (503) Pender County Dear Mr. Lewis: In accordance with your permit modification application package received on February 6, 2002 as well as the additional information received on December 30, 2002 and January 6, 2003; we are forwarding herewith a modified Permit No. WQ0000455, dated February 7, 2003, to the Lewis Farms of Burgaw, Inc. for the subject residuals land application program. This permit shall be effective from the date of issuance until December 31, 2003; shall void Permit No. WQ0000455, issued on June 1, 2001; and shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to the Division of Water Quality (Division) no later than six months prior to that date (i.e., see Condition VI. 7.), as the Division does not send reminders to apply for permit renewal. This permit is being issued to approve the land application of 16.68 dry tons of residuals from the NC Department of Transportation's Swift Creek WWTP for one time application only to facilitate the construction of Martin Luther King freeway. Please also note that a number of residual -source generating facilities that were approved in the previous issuance of this permit have been deleted in this issuance (see Attachment A). The areas for many of the permitted sites have been revised based on the latest Arcview measurements made by the Division's Groundwater Section (see Attachment B). Also, at your request, the Town of Beaufort (NC0021831) and Beacham Apartments #1 (NC0028215) are not being approved as residual source -generating facilities at this time. A separate modification request will be required to include these two or any additional as residual source -generating facilities in the future. As always, remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted since the last issuance. Pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center An Equal Opportunity Action Employer NCD hR Internet http://h2o.enr.state.nc-us/ndpu Telephone (919) 733-5083 Fax (919)715-604B Telephone 1 800 623-7748 50% recycled/10/ post -consumer paper If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the from of a written petition, conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need any additional inforrywion concerning this matter, please contact Mr. J. R. Joshi by telephone at (919) 733-5083, extension 363, or via a -mail at jays joshi @ncmail.net. Sincerely, or Alan W. Klimek, P.E. cc: Mr. Cecil G. Link, S&ME, Inc. Mr. Greg Smith, NC Department of Transportation Brunswick County Health Department Carteret County Health Department Carven County Health Department Duplin County Health Department New Hanover County Health Department Onslow County Health Department Pender County Health Department Washington Regional Office -Water Quality Section Washington Regional Office -Water Quality Section Wilmington Regional Office -Groundwater Section Wilmington Regional Office -Groundwater Section Central Office -Groundwater Section Technical Assistance and Certification Unit Water Quality Central Files NDPU Files NDPU Residuals Program Coordinator 2 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH -- LAND APPLICATION OF RESIDUAL SOLIDS (503) 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 Lewis Farms of Burgaw, Inc. Pender County FOR THE continued operation of a residuals land application program for the Lewis Farms of Burgaw, Inc. and consisting of the land application of residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A to the land application sites listed in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant to the permit modification application package received on February 6, 2002 as well as the additional information received on December 30, 2002 and January 6, 2003; and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until December 31, 2003; shall void Permit No. WQ0000455, issued on June 1, 2001; and shall be subject to the following specified conditions and limitations: I, PERFORMANCE STANDARDS The residuals 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. 2. This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals adequately and may be rescinded unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program. 4. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease land applying residuals to the site, contact the Water Quality Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division. 5. No residuals other than those`generated by the residuals source -generating facilities Iisted in the most recently -certified Attachment A of this permit shall be approved for land application in accordance with this permit. 6. The pollutant concentrations in any residuals that are land applied to any land application site shall not exceed the following Ceiling Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 7. When residuals are land applied under the conditions of this permit, the Class A pathogen requirements and site restrictions in 40 CFR Part 503.32(a) or the Class B pathogen requirements and site restrictions in 40 CFR Part 503.32(b), and one of vector attraction reduction requirements in 40 CFR Part 503.33 shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. 8. Only the land application sites listed in the most recently -certified Attachment B of this permit are approved for residuals Iand application. 9. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently - certified Attachment B of this perrrut not owned by the Permittee are in full force and effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. 10. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 2 11. The Water Quality Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Water Quality Supervisor shall be made during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at http://h2o.enr.state.nc.us/ndpu/. II. OPERATION AND MAINTENANCE REQUIREMENTS The facilities and land application sites shall be properly maintained and operated at all times. 2. Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible charge (ORC) of the program, The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G _0202. 3. No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained from the Division_ 4. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being land applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 5. When land applying residuals to any land application site, the following buffer zones shall be maintained at all times: a. 400 feet from residences or places of public assembly under separate ownership for surface application methods; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Water Quality Section of the appropriate Division's regional office in Attachment B of this permit; b. 200 feet from residences or places of public assembly under separate ownership for subsurface application methods; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Water Quality Section of the appropriate Division's regional office in Attachment B of this permit; 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. 50 feet from property lines for both surface and subsurface application methods; g. 50 feet from public right of ways for both surface and subsurface application methods; 3 h. 10 feet from upslope interceptor drains and surface water diversions for both surface and subsurface application methods; and i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems, and surface drainage ditches for both surface and subsurface application methods. Some of the buffers specified above may not have been included in previous permits for this residuals land application program. However, any_Iand application sites that are listed in the most recently -certified Attachment B of this permit, but were approved with different buffers shall be reflagged to comply with these buffers. 6. Maximum slope for land application of residuals shall be 10 percent for surface application methods and 18 percent for subsurface application methods. 7. Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. The metal loading rates on any land application site shall not exceed the following Cumulative Pollutant Loading Rates (CPLRs): Parameter CPLR (kilo rams per hectare) CPLR (pounds per acre) Arsenic 41 36 Cadmium 39 34 Copper 1,500 1,338 Lead 300 267 Mercury 17 1 15 Molybdenum n/a n/a Nickel 420 374 Selenium 100 89 Zinc 2,800 2,498 9. An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than 6.0, on all land application sites onto which residuals are land applied to ensure optimum yield for the crops specified in Condition IL 13. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 10. Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.e., high sodium adsorption ratio (SAR) of five or higher), the exchangeable sodium percentage (ESP) or other method as approved by the Division, using the results from the annual soils analysis as required by this permit, shall be monitored on all of the land application sites. The local Cooperative Extension Office, the' Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other agronomist shall review the results and make recommendations regarding soil amendments (e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site in terms of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall implement such recommendations accordingly and shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. Eli 11. Prior to land applying residuals to any land application site that has previously received or is intended to receive animal waste (e.g., poultry litter, etc.) or other source of nutrients (e -g-, fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to the volume and analysis of the applied waste/nutrients from the landowner and/or lessee/operator of the site. The Permittee shall be responsible for verifying the volume of residuals that may be land applied to the site such that the plant available nitrogen (PAN) loading rate for the specified crop (i.e., see Condition H. 13.) shall not be exceeded by all of the sources of PAN applied. Should the maximum PAN loading rate be met or exceeded, then no additional residuals shall be Iand applied to the site. 12. A suitable vegetative cover, as Iisted in Condition 1I. 13., shall be maintained on land application sites onto which residuals are land applied in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist and as approved by the Division. 13. Residuals and other sources of PAN shall be land applied to all land application sites at agronomyc rates in accordance with the crop management plan outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. Under no circumstances shall the following PAN loading rates land applied to any site exceed the following for the specified crops: The Permittee shall apply for and receive a modification of this permit before land applying residuals on any land application site that is to be established in a crop other than those listed above. A maximum PAN loading rate for the desired crop shall be approved with the permit modification. If the land application sites are to be overseeded (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than SO pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. E PAN PAN Crop (pounds per Crop (pounds per acre per year) acre per year) j Alfalfa 200 Forest 75 (Hardwood or Softwood) Bermuda Grass 220 Milo 100 (Hay or Pasture) Blue Grass 120 Small Grain 100 (Wheat, Barley, or Oats) Corn 160 Sorghum or Sudex 180 (Grain) (Pasture) Corn 200 Sorghum or Sudex 220 (Silage) (Silage) Cotton 70 Soybeans 200 Fescue 250 Timothy, Orchard, or 200 Rye Grasses The Permittee shall apply for and receive a modification of this permit before land applying residuals on any land application site that is to be established in a crop other than those listed above. A maximum PAN loading rate for the desired crop shall be approved with the permit modification. If the land application sites are to be overseeded (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than SO pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. E Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by the Division. 14. Animals shall not be grazed on any land application site for 30 days after any residuals land application event. Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event. 15. Food crops, feed crops, and firer crops that do ncit come in contact with the residuals shall not be harvested for 30 days after any residuals land application event. 16. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after any residuals land application event. 17. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil. 18. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil. 19. Turf shall not be harvested for one year after any residuals land application event. 20. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. 21- Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 22. Surface -applied residuals shall be plowed or disced within 24 hours after land application on land application sites with no cover crop established. 23. For land application sites that are prone to flooding or within the 100 -year flood elevation, residuals shall be land applied only during periods of dry weather. The residuals shall be incorporated into the soil within 24 hours after land application. 24. Residuals shall not be land applied during inclement weather or until 24 hours following a rainfall event of 0.5 -inch or greater in 24 hours. Any emergency residuals land application measures shall first be approved in writing by the Division. 25. Residuals shall not be land applied to any land application site that is flooded, frozen, or snow-covered. 26. Appropriate measures shall be taken to control public access to the land application sites during active site use and for the 12 -month period following the last residuals land application event. Such controls may include the posting of signs indicating the activities being conducted at each site. R III. MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. Residuals generated by each residuals source -generating facility listed in the most -recently - certified Attachment A of thVi pernut shall be analyzed to demonstrate that they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each residuals source - generating facility listed in the most recently -certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are land applied at a frequency less than that which is specified in the most recently - certified Attachment A of this permit, the analyses shall be required for each residuals land application event. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) 1,4 -Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1, 1 -Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (0S) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5 -Trichlorophenol (400.0) m -Cresol (200.0) Lead (5.0) 2,4,6 -Trichlorophenol (2.0) o -Cresol (200.0) Lindane (0.4) 2,4,5 -TP (Silvex) (1.0) p -Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200.0) After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. An analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are land applied at a frequency less than that which is specified in the most recent]y-certified Attachment A of this permit, an analysis shall be required for each residuals land application event. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Magnesium Mercury Molybdenum Nickel Nitrate -Nitrite Nitrogen Percent Total Solids pH Phosphorus Potassium Selenium Sodium Total Kjeldahl Nitrogen Zinc Plant Available Nitrogen (by calculation) After the residuals generated by a particular residuals source -generating facility have been monitored for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. In no case, however, shall the frequency of this monitoring be less than once per year when a residuals land application event of residuals generated by the residuals source -generating facility occurs during that year. 4. Residuals generated by each residuals source -generating facility listed in the most recently - certified Attachment A of this permit shall be monitored for compliance with Condition I. 7. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class A pathogen reduction requirements in 40 CFR Part 503.32(a) or the Class B pathogen reduction requirements and site restrictions in 40 CFR Part 503.32(b) as well as one of vector attraction reduction requirements in 40 CFR Part 503.33. In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen reduction requirements, vector attraction reduction requirements, and management practices shall be completed quarterly by the proper authority or authorities, if more than one is involved (i.e., either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition I. 7. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. 5. Laboratory analyses as required by Condition M. 2., Condition III. 3., and Condition 111. 4. shall be performed/gathered on the residuals as they are to be land applied. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 2H.0800 or 15A NCAC 2H.1 100, R Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application: <i.e., site, field, orzone number); d. Method of land application; e. Weather conditions (i.e., sunny, cloudy, raining, etc.); f. Soil conditions (i.e., dry, wet, frozen, etc.); g. Type of crop or crops to be grown on field; Volume of residuals land applied in gallons per acre, dry tons per acre, or kilograms per hectare; i. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); j. Volume of soil amendments (i.e., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); and k. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and other sources of nutrients (i.e., if applicable), annual and cumulative pounds per acre of each heavy metal (i.e., shall include, but shall not be limited to, arsenic, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred or is to occur, and the results shall be 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 Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH Zinc Three copies of all required monitoring and reporting requirements as specified in Condition III. 1., Condition 111.2., Condition III. 3., Condition III.4., Condition III, 5., Condition III, 6., and Condition III. 7. shall be submitted annually on or before March 1st of the year following the residuals land application event to the following address: NCDENR-DWQ Water Quality Section Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 0 9. Noncompliance Notification: The Permittee shall report by telephone to the Water Quality Section of the Division's Wilmington Regional Office at telephone number (910) 395-3900, 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 residuals land application program that results in the land application of significant amounts of residuals that are abnormal in quantity or characteristic. b. Any failure of the residuals land application program resulting in a release of material to receiving waters. c. Any time that self-monitoring information indicates that the residuals land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the program system was designed. d. Any process unit failure, due to known or unknown reasons, that render the residuals land application program incapable of adequate residuals 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 five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUI_REMENTS Land Annlication Site Requirements: a. Each land application site identified with a GW -A in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table greater than three feet below the land surface. Residuals land application events may occur on these sites throughout the year. b. Each land application site identified with a GW -13 in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table between one and three feet below the land surface. Residual land application events on these sites shall be prohibited from December through March, inclusive. No residuals shall be land applied to these sites when the vertical separation between the depth of residuals land application and the water table is less than three feet. The actual water table depth for seasonally -restricted soils shall be verified by soil borings within 24 hours prior to any residuals land application event that occurs from April through November, inclusive. The number of borings advanced shall be sufficient to characterize water table conditions across the land application site adequately. Any open borings shall be properly filled with native soil, prior to the residuals land application event, to decrease the chance of any residuals contaminating the groundwater. 10 2. Applicable Boundary Requirements: a. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. An exceedance of Groundwater Quality Standards at or beyond .t_he Compliance Boundary is subject to immediate remediation action according to 15A NCAC 2L.0106 (d)(2). b. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(2)_ Additional Requirements: a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS Prior to each residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors, and discharges that 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 Iog 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 or other permitting authority, upon request. 2. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities 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 This permit shall become voidable unless the residuals land application events are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes § 143-215.6A through § 143-215.6C. 11 4. The annual administering and compliance fee shall be paid by the Permittee within 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). 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B _0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG0I0000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC .0500. 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. The Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the facilities and residuals land application program described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 8. This permit shall not be automatically transferable. In the event that there is a desire for the residuals Iand application program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the seventh day of February, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klimek, P.E., Director ! Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0000455 12 ATTACH MENTA - Approved Residual Source -Generating Facilities Permit No. WQt O#0455 Lewis ! arms ofBurgaw, lite. Lewis Farms Residuals Landhpplicnrion Program Owner Facility Name County Permit Number Issued By Is 503? Maximum Dry Tons Per Year Monitoring Frequency for Condition III, 2. Monitoring Frequency for Condition 1I1. 3. and Condition 111.4. Approved Mineralization Rate ABC Utilities, Inc. Ileac Rivage Plantation New Hanover NCO065480 DWQ 503 6.20 Nut Required See Footnote` 0.30 American Skin Co American Skin Co -Am Skin CotN New Hanover W 0004689 DWQ Non -503 3.56 AnnunllX Annuallp 0.40 Bald Head Island Utilities Bald Head Isld Ud-Sbr W WTFIS Brunswick W 0000193 DWQ 503 2.70 Not Required See Footnote' 0.30 Bay River MSD Bay River MSD WWTP Pamlico NCO066109 DWQ 503 5.10 Not Required See Footnote' 0.30 C & P Ente rises , Inc. C & P WWTP (Ocean Bay Villa) Carteret W 0003067 DWQ 503 0.24 Not Required See Footnote' 0.30 Carolina Water Service, Inc. of NC Belvedere Plantation Pender W 0001664 DWQ 503 3.40 Not Required Seo Footnote' 0.30 Corning Incorporated Corning incorporated WWTP New Hanover N-321 Pretreatment Non -503 0.55 Annually AnnuaIV 0.40 Fairways Utilities, Inc Dolphin Bay WWTP New Hanover NCO055107 DWQ 503 4.00 Not Required See Footnote' 0.30 Fairways Utilities, Inc The Capr Golf & Racquet Club WWTP New Hanover NCOU57703 DWQ 503 17.50 Not Re aired See Footnote' 0.30 Hermitage House Rest Home Hermitage House Rest Home Ncw Hanover NC0051969 DWQ 503 1.23 Not Re uired See Footnote* 0.30 NC Dept of Transportation' Smith Creek WWTP New Hanover NCO000817 DWQ Nan -503 16.68 Once per permit Once Ur permit 0.40 New Hanover County Walnut Hills WWTP New Hanover NCO039527 DWQ 503 3.80 Not Required See Foctnote' 0.30 Pender Coinity Schools Pender High School WWTP Pender NCO042251 DWQ 503 12.70 Not Required See 4cwoie' 0.30 Pe mice All Bch Owner's Assoc, Inc. Pe ertree Resort - Atlantic Beach Carteret W 0011313 DWQ 503 0.69 Not Required See Footnote' 0.30 teens Grant Queen& Grant WWTP New Hanover 487039 DEHll.ocnl 503 0.41 Nol-Required See Footnote, 0.30 Screnity Point Condo Assoc Serenity Point WWTP Pender W 0005639 D WQ 503 0.53 Not Required See Footnote' 0.53 Sentry Utilities, Inc. Springdale Acres WWTP Onslow NCO057053 DWQ 503 2.70 Not Rrquired See Footnote' 0.30 Sherwood Mobile Home Park Association Sherwood Mobile Home Park Onslow NC0022462 DW9 503 1.56 Not Re uired See Footnote' 0.30 Snug Harbor at Sea Level, Inc. Snug Harbor WWTP Carteret NCO028827 DW 503 2.36 Not Re uired See Focmole' 0.30 Swift Eckrich Bonerball Swift Eckrich Butterball Duplin. NCO003344 DW2 Non -503 30.90 AnnualIX Annuall h 0.40 Taylor Hospital & Extended Care Ta for Extended Care Facility Carteret NCO047759 DWQ 503 0.60 Not Required See Footnote' 0.30 Topsail Greens Topsail Greens WWTP Pender NIA DEHILocal 503 1.41 Not Re uired See Footnote' 0.30 Town of Beulaville Beulaville W WTP Duplin NCO026018 DWQ 503 35.00 Once per prumit See Footnote' 0.30 Town of Bridgeton Bridgeton WWTP Pender NCO074837 t)WQ 503 2.36 Once per permit See Footnote' 0.30 Town of Bur aw Aur aw WWTP Pender NCOU21113 DWQ 503 45.00 AnnualIX See Footnote' 0.30 Town of Kenansville Kenansville WWTP Duplin NCO036668 503 34,60 Once per permit See Footnote' 0.30 Town of Maysville Town of Maysville WWTP Craven NCO021492 __DWQ DW9 503 5.10 Once per permit See Footnote' 030 Town of Richlands Richlands Town- WWTP Onslow NCO023230 DWQ 503 9.20 Once per permit See Footnote' 0.30 Town of River Bend River Bend WWTP Craven NCO030406 DW 503 2.36 Once eer 2ermit See Footnote' 0.30 Town ofSwansboro Swansboto WWTP Onslow NCO036153 DWQ 503 8.97 Once er ermit See Footnote' 0.30 Town of Trenton Trenton WWTP Janes NCW21347 DWQ 503 0.73 Once er rmit See Footnote' 0.30 Town of Warsaw Warsaw WWTP Duplin NCOOZ1903 DWQ 503 85.00 Once per Ermit See Footnote' 0.30 Webb Creek Water &Sewer, Inc. Webb Creek WWTP Onslow NCO062642 DWQ 503 1 16.50 Not Required See Footnote' 0.30 Total 365.64 'Residuals from this residual source -generating facility shall be monitored annually to comply with the requirements of Condition 111.3 and shall be monitored every haul event to comply with the requirements of Condition 1I1.4. n Provided that the residuals from this residuals source -generating facility are not mixed with any other residuals authorized by this permit, this facility shalt be exempt from complying with the performance standards stipulated in Condition 1. 7. as well as the monitoring and reporting requirements stipulated in Condition Ill. 4. ` Approval for this source is provided for one time application only to facilitate the construction of Martin Luther King freeway. The residuals from this source shall be incorporated onto the suit through disking following land application. The results of €Ile laboratory analyses completed on representative sampling of the residuals from this source for the purposes of this permit modification shall be submitted to the Division with the annual report. Permit No, WQ0000455 Page 1 of 1 Certification Dare: February 7, 2003 ATTACHMENT B - Approved Land Application Sites Pernd(No. WQ0000455 Lewis Danns of Burgaw, Inc. Lewis Farrns Residuals Land Application Prograrn Site/Field ID Landowner Lessee/Operator County Latitude Longitude Net Acreage Applicable Restriction in Condition IV. 1. 02a'h Smith, J. J, Ponder 20.00 GW -13 LO1' Lewis Farms of Bur aw, Inc. Pender 5.00 GW -A L02' Lewis Farms of Bur aw, Inc. Pender 15.00 GW -A L03a Lewis Farms of Bur aw, Inc. Pender 20.00 GW -A L04' Lewis Farms of Bur aw, Inc. Fender 25.00 GW -A L05a Lewis Farms of Bur aw, Inc. Pender 25.00 GW -A L06a Lewis Farms of Bur.Saw, Inc, Pender 6.00 GW -A L07 Lewis Farms of Bur aw, Inc, Pender 5.00 i, GW -A L08a Lewis Farms of Bur aw, Inc. Pender 30.00 4} GW -B L09a Lewis Farms of Bur aw, Inc. Pender 16.00 GW -B L10a Lewis Farms of Bur aw, Inc. Pender 15.00 GW -A WOIa Lewis Farms of Bur aw, Inc. Pender 20.00 GW -A W02' Lewis Farms of Bur aw, Inc. Pender 38.00 GW -B W033 Lewis Farms of Bur aw, Inc. Pender 43.00 GW -B W06Aa Lewis Farms of Bur aw, Inc. Pender 19.00 GW -A W0613a Lewis Farms of Bur aw, Inc. Pender 9.00 GW -A Total For County Pender 314.00 Total 314.00 'An updated buffer map(s) of this land application site, prepared in accordance with current Division guidance, shall be prepared and submitted to the Division for review during the next modification and/or renewal request for this permit. hBecause this land application site is used for grazing cattle, it shall receive residuals at 50% of the agronomic rate listed in Condition H. 13 of the permit. Also, additional fencing may be needed on the site to allow the rotation of residuals usage and cattle grazing. Permit No, WQ0000455 Page i of I Certification Date: February 7, 2003 Lewis Farms Field Layout WQU000455/GW03011 of"` .i—T — 1000 0 1000 2000 Feet f -5 L9 p Ij RT 1_16. C, y � ` � * Ill • , 1't �1j y, .��. f J � , . � 7 �.� � ' Y ��t _. _ r r • � .. •:� � � �- ;� ,. � y � �`� r � � ` �� t.�� ,, i'�� � � �;.. ., �+ x �1 r ,� � .�,r ..�` ' � . �' ' . s .• '� . '+ :/ C .�,. � . = ,s.�. . E' � � � ..