The URL can be used to link to this page

Home My WebLink AboutWQ0005135_Correspondence_20210429ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director RETURN RECEIPT REQUESTED 7USTIN DAWKINS — PLANT MANAGER VON DREHLE CORPORATION 126 FIRST STREET CORDOvA, NORTH CAROLINA 28330 Dear Mr. Dawkins: NORTH CAROLINA Environmental Quality April 29, 2021 Subject: Notice of Field Transfer Permit No. WQ0005135 von Drehle Corporation RLAP Residuals Management System Richmond County The Division of Water Resources has received and approved a request to transfer the fields listed below from the subject permit to Permit No. WQ0038570. Attached is a copy of the Land Owner Agreement authorizing this transfer. Land Owner Field / Site County Acres von Drehle Farm, LLC 3-1 Richmond 23.0 von Drehle Farm, LLC 3-1 Richmond 9.1 von Drehle Farm, LLC 3-3A Richmond 18.9 von Drehle Farm, LLC 3-313 Richmond 37.2 von Drehle Farm, LLC 34 Richmond 13.2 von Drehle Farm, LLC 3-5 Richmond 11.1 von Drehle Farm, LLC 3-6A Richmond 24.6 von Drehle Farm, LLC 3-613 Richmond 37.5 von Drehle Farm, LLC 4-1 Richmond 19.1 von Drehle Farm, LLC 4-2 Richmond 37.1 von Drehle Farm, LLC 4-3 Richmond 22.4 von Drehle Farm, LLC 4-4 Richmond 50.8 von Drehle Farm, LLC 4-5 Richmond 11.1 von Drehle Farm, LLC 4-6A Richmond 18.9 von Drehle Farm, LLC 4-613 Richmond 19.3 D �� 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 NCRTHCAROL3NA oaweo�ori.oma,n.i a�.uq 919.707.9000 Mr. Justin Dawkins April 29, 2021 Page 2 of 2 von Drehle Farm, LLC 4-7 Richmond 19.2 von Drehle Farm, LLC 4-8 Richmond 28.9 von Drehle Farm, LLC 4-9 Richmond 28.6 Please be advised that as of , the von Drehle Corporation shall not land apply residuals to the fields listed above. Doing so shall be a violation of G.S. 143-215.1, and may subject the von Drehle Corporation to appropriate enforcement actions pursuant to G.S. 143-215.6A-6C. Civil penalties of up to $25,000 per day per violation may be assessed. Since the subject fields are no longer part of Permit No. WQ0005135, you may submit a permit modification request to modify the Attachment B, or you may elect to modify the Attachment B during the permit renewal process. If you need additional information regarding this notice, please contact Erick Saunders at (919) 707-3659 or erickson.saunders@ncdenr.gov. Sincerely, Nathaniel D. Thornburg, Branch Chi Division of Water Resources cc: Fayetteville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) ff '� State of North Carolina Department of Environment And Natural Resources Division of Water Resources Division of Water Resources 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 fame for the permit application. Unless otherwise noted-jile-Applicant shall submit one original and two copies of the Rpolicatiall and sunporting documentation F,ormoreinformation, visit the Matel' QurrlilyPermiltingSectio►r's_.1'cu__U<;s:_la;vgjy . r`'t'1;�77if�:tia l f_;1 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 1_3A.__t,'y,+:. °?`�: dIitt;. 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 Residuals Source Certification (FORM: LASC 06-1.6) form. Please do not make any unauthorized content changes to this fonn. 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; Bio-Nomic Services Inc. hereinafter referred to as the Permlttee, to land apply residuals from the following facility(ies) onto the following land application sites) (i.e., see attached setback maps) in accordance with the stipulations and restrictions as given in this Agreement: Lease Land Use or Special note SitelField ID Intended Use of Crops Residuals Sourcc (yes/no) Cropping Patterns p (optional) (no-tilllever-seed/ pasture) (Ha3-1 through 3-til3 nilet Farm Yes Row Crop Livestock Feed 4-1 th1oug(108For ) Yes Row Crop Livestock Feed The landowner or his representative receives, in consideration, full use of the nutrient value of the applied residuals while the Permlttee 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 Permlttee 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 I, STIPULATIONS: 1. The landowner or his representative shall not enter into any additional residuals application contracts or agreements willm another permitted entity for the site(s) specified by this Agreement. 2. Should the landowner or his representative lease or otherwise permit the use of the land application site(s) to a Third party, the landowner shall be responsible to ensure that the third party agrees and complies with tine terns and conditions of this Agreement. 3. The landowner or his represenlative shall adliere to the provisions of this Agreement until all of the site restrictions (under Section II) are met. 4. Notification Of cancellation of this Agreement shall be immediately forwarded to NCDENR-DWR, Non -Discharge Penuitling Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. 5. Tile Permittee nmust request and obtain a permit modification from the Division prior to a transfer of the land application site(s) to a nemv landowner. In addition, the current landowner shall give a notice to the new landowner that gives fill details of the residuals applied at the land application site(s). 6. The Permittee has provided the landowner or his representative with information and data concerning lime residuals land application prograin, including all analysis of constituents of the residuals, residuals application melhods, schedules for typical cropping pattems, a description of the equipment used by the Permittee, 7. Tho Permittee will provide the landowner or his representative with a copy of the residuals permit prior to connnmencement of any residuals land application event and a copy o€tile results of each soil analysis. B. If time soil pH of the land application site(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 information indicating that the pH of the soil, residuals and lime mix -hire is suitable for time specified crop. 9. The landowner or his representative and the Permittee will agree on residuals application rates and schedules based on crop pallems, results of soil samples, and the permitted application limits. 10. The landomsn►er 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, etc.) That have been applied to the land application site(s). 11. The landowner or his representative will inform the Permittee of any revisions or modifications to the intended use and cropping patters for the land application sites) prior to each planting season to enable the Permittee to amend this Agreement and schedule residuals land application events at appropriate periods. 12, Specific residuals laud application area boundaries shall be clearly marked on the land application site(s) by the Permittee, the landowner, or his representative prior to and during a residuals land application event. 13. The landowner or his representative hereby authorizes the Permittee, local officials, 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 determining compliance with the permit; establish monitoring facilities on or near time land application sites) as required by Ole permit; copy any records that must be kept under the terns and conditions of the permit; take necessary leaclmte, surface water, groundwater, or soil samples during file term of, and 12 months alter terminal ion of, this Agreement. II. RESTRICTIONS: I. Appropriate measures must be taken by the Permittee andlor the landowner or his representative to control public access to time land application site(s) during active use and for the 12-month period following a residuals land application event. Such controls may include file posting of signs that indicate the activities being conducted at time land application site(s). 2. Animnls shall not be grazed on the land application site(s) for a 30-day period following a residuals land application event. Land application sites that are to be used for grazing shall have fencing chat 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 residuals/soil mixture and are totally above time land surface slmall not be harvested for a 14- month period following a residuals land application event. 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 when lie residuals remain on the land surface for four mouths or longer prior to incorporation into the soil. 6. Food crops with harvested parts below time 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 soil. 7. Turf grown on land where residuals are applied shall not be harvested for a 12-month period following a residuals land application event. IILALTERNATIVES FOR WATER SUPPLY WELLS INSIDE THE COMPLIANCE BOUNDARY: (please check one) 15A NCAC 02L .0107(d) prohibits water supply wells within the compliance boundary. However, f ;A ? i 05(lfj allows time compliance boundary to be placed closer to the waste disposal area, such that the water supply well is situated outside of the compliance boundary provided the groundwater standards can be met at the newly -established compliance boundary. Please mark one of the following; ❑ A rc-defined compliance boundary is needed for Geld(s) ID: (Please include the rationale for the requested re -location of [lie compliance boundary and attach a map showing the newly proposed compliance boundary to the application package) ® A re -defined compliance boundary is not needed for this site. IV, ACKNOWLEDGEMENT OF FIELD TRANSFER: (if needed) ID The land application field(s) ID: 3-1 through r 3-6B Hfunlet Faun) and 4-1 through 4-9 (!is l Farm) is currently permitted under another residuals land application program; Permit Number 1V :0005135 Q The land owner hereby acknowledge that by signing this agreement, helshe is requesting that lire field(s) be removed from the previously permitted residuals land application program and transferred into time new program; Bio-Nomio Services Inc W00038570 (Name of the new program) FORM: LOA 46-16 Page 2 of 3 Landoivner'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 rise of the land application site(s) on behalf of other deeded landowners aR that I am otltenvise authorized, through a power of attorney or other legal delegation, to snake 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 wi li another municipal!% contractor, or other permitted entity. Furthermore, I certify That I have read lids 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 Permittee to land apply residuals to the land application site($) as specified herein. Landowner name: Van Drehle Farm LLC Address: C12 3'4 Ave ue Northeast, Suite 2001) City: Hickow State: North Carolina Zip: 28601 Phone: A -I E-mail address: Signature: Date: 'L NORTH CAROLINA, COUNTY I, the undersigned Notary Public do hereby certify that W personally appeared before me this day and acknowledged the dae execution of the forgoing instr anent. WITNESS my hand and official seal this the 011114ll! day of �: N4 Signature and seal: Z 3` My commission expires: - i O C1 s PUBLIC . Lessee's/Operator's Certification; lf�ri it��y I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein. Lesseeloperator name: Bio- o is Services Inc. Address: 53Q Wogd1gynStreet_ City: Belm it State: North lira Zip: 21012 Phone: ./ 5�29-0000 E-mail address:vs so n io-' .c om f/ Signature: V24�,Date: Z Permittee's Cerdneation: I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein. Signing off Signature: FORM: LOA 06-16 Page 3 of 3