WQ0032855_Additional Information Request_20220216

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 16, 2022
DOUG BARRICK — TOWN MANAGER
TOWN OF RUTHERFORDTON
129 NORTH MAIN STREET
RUTHERFORDTON, NORTH CAROLINA 28139
Subject: Application No. WQ0032855
Additional Information Request
Town of Rutherfordton Class B
Residuals Program
Land Application of Class B
Residuals
Rutherford County
Dear Mr. Barrick:
Division of Water Resources' Central and Regional staff has reviewed the application package
received December 13, 2021. However, additional information is required before the review may be
completed. Please address the items on the attached pages no later than the close of business on March 18,
2022.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina
rules and regulations. Any oversights that occurred in the review of the subject application package are
still the Applicant's responsibility. In addition, any omissions made in responding to the outstanding items
in Sections A through E, or failure to provide the additional information on or before the above requested
date may result in your application being returned as incomplete.
Please reference the subject application number when providing the requested information. All
revised and/or additional documentation shall be signed, sealed and dated (where needed), with two paper
copies and one electronic copy submitted to my attention at the address below.
If you have any questions regarding this request, please do not hesitate to contact me at (919) 707-
3659 or [e-mail]. Thank you for your cooperation.
Sincerely,
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Erick Saunders, Engineer
Division of Water Resources
cc: Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Zach Key — US Biosolids, Inc. (Electronic Copy)
Permit Application File WQ0032855
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA -
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Mr. Doug Barrick
February 16, 2022
Page 2 of 2
A. Residuals Land Application Program (FORM: RLAP 06-16) Application:
1. No comments.
B. Operation and Maintenance Plan (O&M Plan):
1. No comments.
C. Residuals Source Certification (FORM: RSC 06-16) Application:
Item C on the Instructions for FORM: RSC 06-16 requires laboratory analytical reports and
operation data, as well as documentation that the facility complies and/or the residuals comply with
any applicable pathogen reduction and vector attraction. The most recent laboratory
reports/operational data shall be provided to verify that this source meets a pathogen and vector
attraction reduction alternative listed in sections 1I.7. and 11.8. of the RSC 06-16 form.
D. Land Application Site Certification (FORM: LASC 06-16) Form:
1. Item B on the Instructions for FORM: RLAP 06-16 requires an updated accounting of the land
application site's cumulative pollutant loading rates (CPLRs) for renewed fields. This information
shall be provided for all the renewed fields.
2. There is a habitable residence under separate ownership on parcel 1300483 which appears to be
within the 400-foot setback from application fields 10 and 10A as required for the surface
application of residuals. The application's site map and footnote 9 in Attachment B of the most
recent permit indicate that there previously was a setback waiver for this residence. However, this
setback waiver does not meet the requirements of 15A NCAC 02T .1108(e) and will not renew
with this permit, and no new setback waiver was provided in this application.
This setback shall be shown on the resubmitted site map for this field as required by Item D.1., and
any acreage change shall be included in an updated LASC form. Alternatively, a setback waiver
may be executed in accordance with 15A NCAC 02T .1108(e) to reduce this setback. This waiver
shall be written, notarized, signed by all parties involved, and recorded with the Rutherford County
Register of Deeds.
E. Landowner Agreement (FORM: LOA 06-16) Form:
The LOA was signed by Stuart Beam for all the renewed fields. However according to the
Rutherford County GIS website, fields 10A and 15 on parcel 1654642 and field 17 on parcel
1626145 are still under ownership of the Duncan L. Edwards and Mary T. Edwards Living Trust.
It is mentioned in the cover letter that ownership of permitted land was in litigation since the death
of the previous owner, but there is no verification that Mr. Beam has the authority to sign for the
properties.
Please provide information to prove that Stuart Beam, the signatory of the LOA, has the authority
to sign for these properties (such as through providing the judgement of the aforementioned
litigation, or a verification that Mr. Beam is a beneficiary to the trust). If he doesn't have authority,
new LOAs shall be provided from the authority for these properties, and updated LASCs and maps
shall be provided.