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HomeMy WebLinkAboutSLAS2722_PERMIT_RENEWAL_20211203 December 14, 2021 Mr. J. Bryan Smith Atlantic OBX, Inc. PO Box 2560 Kitty Hawk, NC 27949 RE: SLAS-27-22 Permit Renewal and Modification Atlantic OBX, Inc. SR 1118 in Currituck County Dear Mr. Smith: The NC Division of Waste Management has reviewed your application to modify and renew Septage Land Application Site Permit, SLAS-27-22, in Currituck County. Your application has been approved in accordance with NC Septage Management Rules and your permit, SLAS-27-22, is enclosed. Please read all permit conditions carefully. The permit was modified to increase the maximum annual application rate from 50,000 gallons/acre/year to 100,000 gallons/acre/year. The nutrient management and soil erosion and runoff control plans you submitted have been incorporated into your permit. Do not exceed the maximum annual application rate listed within Permit Condition 7 or the monthly application rates listed in your nutrient management plan. This permit shall expire on June 30, 2031. An application for permit renewal must be submitted ninety (90) days prior to permit expiration. Violations to NC Septage Management Rules or this permit could subject you to administrative penalties of up to $15,000 per violation per day. If you have any questions concerning your permit or septage in general, please do not hesitate to contact me at (919) 707-8283. When communicating to the Division about this permit, please refer to it as "SLAS-27-22." Sincerely, Chester R. Cobb, Environmental Program Consultant Division of Waste Management, NCDEQ Enclosures cc: Central Files Jeffrey Bullard, Environmental Specialist II, RCO Currituck County Health Department Digitally signed by Chester R. Cobb DN: cn=Chester R. Cobb, o=Solid Waste Section, ou=DWM, email=chester.cobb@ncdenr.gov, c=US Date: 2021.12.14 15:28:52 -05'00' Facility Permit No.: SLAS-27-22Atlantic OBX, Inc. Permit to Operate December 3, 2021 Page 1 of 5 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION PERMIT TO OPERATE A SEPTAGE LAND APPLICATION SITE Atlantic OBX, Inc. J. Bryan Smith PO Box 2560 Kitty Hawk, NC 27949 is hereby permitted to operate Septage Land Application Site with permit # SLAS-27-22 located on SR 1118 in Currituck County at approximate position 36.15698° N latitude and -75.84109° E longitude. This site is permitted only for operations that are conducted in accordance with the representations made in the approved application, with all conditions attached to this permit, and with all of the provisions of 15A NCAC 13B.0800 -- Septage Management. Failure to operate as permitted may result in the Department suspending or revoking this permit, initiating action to enjoin the unpermitted operation, imposing administrative penalties, or invoking any other remedy as provided in Chapter 130A, Article 1, Part 2 of the North Carolina General Statutes. This permit shall be reviewed annually to determine if soil test results and management activities are in compliance with the Septage Management Rules and the conditions of this permit. Modifications, where necessary, shall be made in accordance with rules in effect at the time of review. ____________________________ Adam Ulishney Environmental Compliance Branch Solid Waste Section Division of Waste Management, NCDEQ Adam Ulishney Digitally signed by Adam Ulishney Date: 2021.12.03 13:54:34 -05'00' Facility Permit No.: SLAS-27-22 Atlantic OBX, Inc. Permit to Operate December 3, 2021 Page 2 of 5 CONDITIONS OF OPERATING PERMIT 1. This permit shall become void if the soils fail to adequately assimilate the septage and shall be rescinded unless the site is maintained and operated in a manner which will protect the assigned water quality standards of both surface and ground waters. 2. This site shall be operated and maintained in accordance with the nutrient management plan submitted by Atlantic OBX, Inc. and approved by the Division of Waste Management. The 12.1-acre site consists of one field that has been established in common bermudagrass. Between September and October of each year, the field shall be overseeded in ryegrass. The planting and harvesting of the crops shall follow the approved nutrient management plan. Areas where the bermudagrass stand falls below 80% in coverage shall be replanted as covered in the nutrient management plan. The mandatory 30-day waiting period between the last application of septage and the harvest of the crop shall be met by alternating septage applications between other permitted septage land application sites. All discharges shall be at locations on the site consistent with the crop rotation in the approved plan. 3. This site shall be operated and maintained in accordance with the erosion and runoff control plan submitted by Atlantic OBX, Inc. in such a manner as to prevent the migration of wastes off the designated waste receiving site. Any site improvements noted in the plan must be installed within 30 days of plan approval. The installation of groundwater monitoring wells shall be required as deemed necessary by the Division. 4. 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 local, state, and federal government agencies which have jurisdiction. It is the responsibility of the Permittee to be in compliance with the Federal Regulations listed in the Code of Federal Regulations, 40 CFR Part 503. 5. This permit may be modified or reissued at any time to incorporate any conditions, limitations and/or monitoring requirements the Division deems necessary to adequately protect the environment and public health. Facility Permit No.: SLAS-27-22 Atlantic OBX, Inc. Permit to Operate December 3, 2021 Page 3 of 5 6. This site is only permitted for the land application of domestic septage (including portable toilet waste), grease septage, and commercial/industrial septage. Commercial/industrial septage shall only be land applied after the waste from each source is tested and the results approved by the Solid Waste Section. The pH of domestic septage shall be raised to 12 or higher by alkali addition and, without the addition of additional alkali, shall remain at 12 or higher for 30 minutes prior to land application as per 15A NCAC 13B .0842(c)(1). The pH of grease septage or grease septage mixed with domestic septage shall be raised to 12 or higher by alkali addition and, without the addition of additional alkali, shall remain at 12 or higher for 2 hours prior to land application as per 15A NCAC 13B .0842(c)(2). Grease septage shall be diluted as required by 15A NCAC 13B .0842(a)(14) when applied over perennial vegetation. 7. This site contains approximately 12.1 acres that are available for land application of septage. The maximum annual application rate shall be 100,000 gal/ac/yr. At this application rate, a maximum annual volume of 1,210,000 gallons may be applied evenly across the permitted area. Of the 100,000 gal/ac/yr, the annual ryegrass or small grain may receive up to 30,000 gal/ac/yr and the bermudagrass may receive up to 70,000 gal/ac/yr. Application amounts to the disposal field shall not exceed the maximum annual application rate or the monthly application rates listed in the approved nutrient management plan. The maximum annual application rate assumes equal septage distribution, on an annual basis, over the entire permitted area. 8. An approved septage detention facility with a minimum design capacity of 24,200 gallons shall be available prior to operation of this site as per 15A NCAC 13B .0838(a) unless an approved wastewater treatment plant is available for use during periods of adverse weather. The storage capacity may be adjusted if it is demonstrated during the operation of the site that this volume of storage is inadequate. 9. Only the area designated on the attached site map shall be utilized for septage disposal. Uniform coverage of septage across the permitted fields shall be obtained through using a pump truck equipped with a splash plate or a hose reel and irrigation gun. All applications whether from the pump truck or hose reel and irrigation gun shall be conducted in such a manner that there is no standing water or runoff when the application is complete. Also, the site operator shall monitor wind velocity and direction while applying septage on order to prevent drift and uneven land application. Facility Permit No.: SLAS-27-22 Atlantic OBX, Inc. Permit to Operate December 3, 2021 Page 4 of 5 10. Septage shall not be applied during any precipitation event, or if there is standing water on the soil surface, if the soil surface is frozen, or if the soil surface is snow covered. The Permittee shall consider pending weather conditions when making the decision to land apply in order to prevent any discharge of septage outside of the permitted boundary. 11. Septage shall not be applied during periods of high soil moisture. Septage applications that will result in ruts greater than three inches in the soil surface are prohibited. 12. Any discharge of septage outside of the permitted boundaries via runoff, aerial drift, etc. is prohibited. 13. This permit shall become void unless the land application activities are carried out in accordance with the conditions of this permit and in the manner approved by this Division. No one other than the Permittee or an employee of the firm named in this permit shall discharge septage at this site without prior appropriate notification and written approval from the Division. 14. Prior to any 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. The Division shall be notified prior to site closure. This permit is non-transferable. 15. This permit shall expire on June 30, 2031. An application for permit renewal shall be submitted at least ninety (90) days prior to the permit renewal date. When necessary, an application for permit modification shall be submitted for any proposed change listed in 15A NCAC 13B .0840(g). Along with the application for permit renewal or modification, septage application records for the time this permit was valid shall be submitted. 16. Records shall be kept in accordance with 15A NCAC 13B .0842(e)(1) and the Code of Federal Regulations, 40 CFR Part 503.17(b) to document all septage applications to the site. These records shall be made available to a representative of the Division upon request. 17. 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 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 conditions of this permit; or may obtain samples of groundwater, surface water, or leachate. Facility Permit No.: SLAS-27-22 Atlantic OBX, Inc. Permit to Operate December 3, 2021 Page 5 of 5 18. Field separations in the nutrient management plan and all pertinent setbacks shall be clearly located on the site. Boundaries of the permitted septage land application fields shall be clearly marked on the ground. 19. The areas that can be used for land application of septage shall be maintained to meet the minimum setback distances as described in 15A NCAC 13B .0841(d) such as 500 feet from any existing wells, residences, places of business, or places of public assembly. Also, septage shall not be disposed of within 50 feet of any property line, within 100 feet of any ditch, or within 200 feet of any surface water unless specified otherwise. SLAS-27-22 • Atlantic OBX, Inc. • Off of SR 1118 • Position: 36.15698° N latitude -75.84109° E longitude * Field 112.1 acres 50 ft 50 ft 50 ft Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community - SLAS-27-22 Aerial Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community. Map created by NC DEQ Division of Waste Management for permitting purposes only. crc, 201704201 in = 200 ft APPLICATION FOR A PERMIT TO OPERATE A SEPTAGE LAND APPLICATION SITE North Carolina Department of Environmental Quality Division of Waste Management – Solid Waste Section 1646 Mail Service Center, Raleigh, NC 27699-1646 I. Site and Operator Information 1. Applicant Address Phone 2. Contact person for site operation (if different from applicant): Title or position Phone Address 3. Landowner Address 4. Site Location: County State Road Number Directions to site: 5. Indicate whether request is: new renewal modification For a permit renewal or modification, provide the following information: Existing site permit number: permit expiration date: 6. Number of acres meeting the requirements of the N.C. Septage Management Rules: acres. 7. Substances other than septage or grease trap pumpings previously disposed of on the site: (a) None , or (b) Attach a list indicating other substances, the amounts discharged, and the dates of discharge. 8. Attach written, notarized landowner authorization to operate a septage disposal site signed by the landowner (if the permit applicant does not own the property). If a corporation owns the land use a corporate landowner authorization form. If Limited Liability Company owns the land, use a limited liability company landowner authorization form. 9. Attach site evaluation report, including aerial photograph and soil analysis with metals results, unless the Division prepared the report. 10. Attach a vicinity map (county road map showing site location). (over) ATLANTIC OBX, INC. NUTRIENT MANAGEMENT PLAN FOR SLAS 27-22 SEPTAGE APPLICATIONS TO COASTAL BERMUDAGRASS AND RYE A. General Information: 1. The septage disposal site is located off of SR1118 (Bay View Road) in Powells Point, NC 2. Field 1 contains approximately 12.1 acres. The attached copy of the aerial photograph for the site shows field boundaries and identifications. 3. The dominant soil series on the site is Conetoe loamy sand (CnA). 4. Septage will not be applied where the site is untrafficable (untrafficable is defined as soil that will allow a loaded truck to leave a depression in sod greater than 3 inches in depth). 5. All nitrogen recommendations for forages will be 75% of the realistic yield expectation nitrogen rate should the forage be grazed. 6. Septage storage shall be provided to account for the average volume of septage pumped per week, or an alternative plan, such as disposal at a waste treatment plant, should be in place. B. Crops Being Grown and Approximate Planting Times: 1. Field 1 has been established in Coastal Bermudagrass. As a winter crop, the field will be overseeded annually with annual ryegrass or a small grain such as cereal rye or wheat. The annual ryegrass will be seeded at a rate of 40 pounds per acre if broadcasted or 30 pounds per acre if drilled. The small grain will be seeded 120 pounds per acre if broadcasted or 100 pound per acre if drilled. The overseeding will take place during the months of September or October depending on weather conditions of the given year. 2. If there is not an agronomically acceptable stand of bermudagrass (i.e. ground covered with bermudagrass stolons) on at least 85% of the surface area of the site, then bermudagrass will be sown in those areas in the following spring unless the determination of poor stands is made prior to or at the time of planting for bermudagrass of the current year. The bare areas should be lightly till and reseeded at the rate of 6-8 pounds per acre of Cheyenne or Wrangler bermudagrass seed (i.e. 0.2 pounds of seed per 1,000 square feet). C. Nitrogen (N) Needs for Crops Grown: Crop (Harvested for Hay) R.Y.E.1 Nitrogen Application Rate2 Lbs. N/Acre/Year Hybrid Bermudagrass overseeded with Rescuegrass 5.4 Tons/Acre 49 lbs./Dry Ton 264 1. R.Y.E. = Realistic Yield Expectation. (Note: Although Annual Ryegrass is being used at this site with Hybrid Bermudagrass, rather than Rescuegrass, this is the most similar R.Y.E. for the site) 2. Nitrogen Application Rate = Suggested nitrogen rate based on R.Y.E. The amount of nitrogen to be supplied is estimated at 2.6 lbs./1,000 Gallons. D. Annual Application Rate MONTH RATE (GALLONS/ACRE) TOTAL GALLONS January 5,000 60,500 February 5,000 60,500 March 10,000 121,000 April 10,000 121,000 May 10,000 121,000 June 10,000 121,000 July 10,000 121,000 August 10,000 121,000 September 10,000 121,000 October 10,000 121,000 November 5,000 60,500 December 5,000 60,500 100,000 1,210,000 NOTE: Cumulative application rate is not to exceed 100,000 Gallons/Acre/Year E. Application Method The preceding information is based on septage being evenly applied over the entire site by a pumper truck with a splash pan or a hose reel equipped with a spray irrigation gun. F. Additional Fertility Requirements For optimum nitrogen uptake, the concentrations of other nutrients such as phosphorus, potassium, magnesium, and manganese must be sufficient as to not limit crop growth. Septage does not contain an adequate supply of all necessary nutrients for crop growth. Therefore, supplemental addition of nutrients such as phosphorus, potassium, magnesium, and manganese may be required. These additions should be based on soil test analyses. The soil samples should be taken in late Fall or early Winter, so that the supplements can be added prior to the bermudagrass breaking dormancy, or the small grain being planted. Do not follow the nitrogen recommendation from the soil test report. Use the nitrogen amounts given in this nutrient management plan. A separate soil sample should be collected for the buffer areas. Commercial fertilizer applications to the buffers are to be based on the soil sample results. G. Harvest of the Crops and Their Use 1. The bermudagrass will be cut for hay and baled whenever it reaches approximately 12 inches in height. The bermudagrass should be cut and baled approximately 3 times throughout the growing season. The annual ryegrass or small grain will be cut for hay and baled in April. 2. The winter overseed and bermudagrass will be harvested as hay and removed from site. If used for animal feed or bedding, no septage applications can be made within 30 days of harvest. A 30-day waiting period must be observed between the last application of septage and harvest for all material that is to be used as livestock feed or bedding. ATLANTIC OBX, INC. NUTRIENT MANAGEMENT PLAN FOR SLAS 27-22 SEPTAGE APPLICATIONS TO COASTAL BERMUDAGRASS AND RYE A. General Information: 1. The septage disposal site is located off of SR1118 (Bay View Road) in Powells Point, NC 2. Field 1 contains approximately 12.1 acres. The attached copy of the aerial photograph for the site shows field boundaries and identifications. 3. The dominant soil series on the site is Conetoe loamy sand (CnA). 4. Septage will not be applied where the site is untrafficable (untrafficable is defined as soil that will allow a loaded truck to leave a depression in sod greater than 3 inches in depth). 5. All nitrogen recommendations for forages will be 75% of the realistic yield expectation nitrogen rate should the forage be grazed. 6. Septage storage shall be provided to account for the average volume of septage pumped per week, or an alternative plan, such as disposal at a waste treatment plant, should be in place. B. Crops Being Grown and Approximate Planting Times: 1. Field 1 has been established in Coastal Bermudagrass. As a winter crop, the field will be overseeded annually with Annual Ryegrass. The Annual Ryegrass will be seeded at a rate of 120 pounds per acre if broadcasted or 100 pound per acre if drilled. The overseeding will take place during the months of September or October depending on weather conditions of the given year. 2. If there is not an agronomically acceptable stand of bermudagrass (i.e. ground covered with bermudagrass stolons) on at least 85% of the surface area of the site, then bermudagrass will be sown in those areas in the following spring unless the determination of poor stands is made prior to or at the time of planting for bermudagrass of the current year. The bare areas should be lightly till and reseeded at the rate of 6-8 pounds per acre of Cheyenne or Wrangler bermudagrass seed (i.e. 0.2 pounds of seed per 1,000 square feet). C. Nitrogen (N) Needs for Crops Grown: Crop (Harvested for Hay) R.Y.E.1 Nitrogen Application Rate2 Lbs. N/Acre/Year Hybrid Bermudagrass overseeded with Rescuegrass 5.4 Tons/Acre 49 lbs./Dry Ton 264 1. R.Y.E. = Realistic Yield Expectation. (Note: Although Annual Ryegrass is being used at this site with Hybrid Bermudagrass, rather than Rescuegrass, this is the most similar R.Y.E. for the site) 2. Nitrogen Application Rate = Suggested nitrogen rate based on R.Y.E. The amount of nitrogen to be supplied is estimated at 2.6 lbs./1,000 Gallons. D. Annual Application Rate MONTH RATE (GALLONS/ACRE) TOTAL GALLONS January 5,000 60,500 February 5,000 60,500 March 10,000 121,000 April 10,000 121,000 May 10,000 121,000 June 10,000 121,000 July 10,000 121,000 August 10,000 121,000 September 10,000 121,000 October 10,000 121,000 November 5,000 60,500 December 5,000 60,500 100,000 1,210,000 NOTE: Cumulative application rate is not to exceed 100,000 Gallons/Acre/Year E. Application Method The preceding information is based on septage being evenly applied over the entire site by a pumper truck with a splash pan or a hose reel equipped with a spray irrigation gun. F. Additional Fertility Requirements For the bermudagrass, do not apply lime because of the lime supplied by the stabilized septage (see note below). Apply 100 pounds of 20-20-20 per acre prior to planting to help the crop to establish itself unless the report from the soil sample indicates that nutrient levels are sufficient. The remainder of the nutrients will be supplied by the septage, which will be surface applied to the crop during the growing season. If higher levels of production by the crop are desired, then supplemental nutrients may be needed. Incorporation of the fertilizer prior to planting the bermudagrass with a disk and/or chisel-plow will suffice for preparing the seed bed. Seeds will be planted with a drill. In September or October, clip the bermudagrass to a height of 1 inch or less. Prior to seeding the wheat apply 200 pounds of 10-10-10 per acre unless otherwise indicated by the soil test report. This fertilizer is needed as a starter and only 20 pounds of nitrogen per acre is negligible when considering the cumulative net requirement of the two crops. Overseeding may be accomplished by using a sod-seeder or a grain drill. A light disking may be required prior to seeding (especially since septage application equipment may compact the soil) with a grain drill or a broadcast seeder. NOTE: Soil samples should be taken annually to monitor the pH of the soils as well as other nutrients in the soil. Since most waste materials do not contain optimum nutrient balance required for each crop and field, it is important to check the soil recommendations and, if necessary, supplement with commercial fertilizer. The pH of the soil at the site will be higher than that required for most crops because of the addition of lime stabilized septage. There should be no need for additional lime to meet the needs of the crop. G. Harvest of the Crops and Their Use 1. The bermudagrass will be cut for hay and baled whenever it reaches approximately 12 inches in height. The bermudagrass should be cut and baled 3 times throughout the growing season. 2. The Annual Ryegrass will be cut for hay and baled once in April 3. All harvested material will be removed from the site