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HomeMy WebLinkAboutWQ0002376_Field Transfer Letter_20221221ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 21, 2022 CHUCK SMITH — PUBLIC WORKS DIRECTOR CITY OF REIDSVILLE 1100 VANCE STREET REIDSVILLE, NORTH CAROLINA 27320 Subject: Notice of Field Transfer Permit No. WQ0002376 City of Reidsville Class B Residuals Program Residuals Management System Rockingham County Dear Mr. Smith: The Division of Water Resources has received and approved a request to transfer the fields listed below from the subject permit to Permit No. WQ0016247. Attached is a copy of the Land Owner Agreement authorizing this transfer. Land Owner Field / Site County Acres Douglas E. Merritt NC-RC-018-01 Rockingham 17.7 Douglas E. Merritt NC-RC-018-02 Rockingham 15.08 Please be advised that as of December 20, 2022, the City of Reidsville shall not land apply residuals to the fields listed above. Doing so shall be a violation of G.S. 143-215.11 and may subject you to appropriate enforcement actions pursuant to G.S. 143-215.6A., 613., and 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. WQ0002376, 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. � 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 NORTH GAROLINA i Do"rh"nt of Emlmampndl quay /`� 919.707.9000 Page 2 of 2 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 Chic Division of Water Resources cc: Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) State of North Carolina DWR Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02T .1100 — LAND OWNER AGREEMENT FORM: LOA 06-16 Please use the following instructions as a checklist in order it) ensure all required items are submitted. Adherence to these instructions and checking; the provided boxes will hell) 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 time for the hermit application. !Unless otherwise noted. the Anj)licant shall submit tine original and two conigs of the application and supporting ducLimentation For more information, )visit the Water Qhrnliry Permitting Section's Non -Discharge Permining Unit. General —This document is an agreement between die Applicant and land owner(s) of residuals receiving sites lbr land application of Class B residuals (may include water treatment plant or other type residuals) in accordance with i 5A NC'AC 02T .1 100. 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 Land Application Site Certification (FORM. LASC 06-16) form. Please do not make any unauthorized content changes to this farm. 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 OV NF.,D LAND The undersigned landowner or his representative hereby permits: Applicant's name: hereinafter referred to as the Permittee, to land appiy residuals from the following; facility(ics) onto the following land application sitc(s) (i.e., see attached setback maps) in accordance with the stipulations and restrictions as given in this Agreement: site/Field Ill Lease (. 'stna) Lund Ilse or Cropping lipin Patterns Intended Use of Cribs Residuals Source {optional) Special note (no-tilllover-seed/ pasture) T7c-50-14z Pq The landowner or his representative receives, in consideration, full use of the nutrient value of the applied residuals while the Permittee receives, in consideration, the use of the land application site(s) described above for the disposal of the residuals. This Agreement shall retrain 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 Permittee 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 l of 3 STIPULATIONS: 1. The landowner or his representative shalt not enter into any additional residuals application contracts or agreements with another pennitted entity f6t the shc(s) speciificd by this AgTce.-mcm. ?. Should the landowner or his represenLai ive lease or olherwwise permit the use oft he land application sites) to a third party, the landowner shall be responsible to ensure that tlme third party agrees and cotnplics wwith the teens and con diticnms of this Agreement. 3. 'Me landowner nr his rcpre_s ntative shall adhere to the provision~ of this Agreement until all of the site restrictions (under Section 11) are met. d. Notilicalion of cancellation of this Agreement shall he immediately forwarded to NCDIiNR-DWR. Non -Discharge Permining lin€t, 1617 Mail Service Center, Raleigh. NC 27699-1617. 5. The Permittre must request and obtain a permit modilication from the Division prior to a transfer of the land application sitc(s) to a new }undo►►7tcr. In addition. the current landowner ~hall give a notice to the new Iando%imer that gives full details of the residuals applied at the land application site(s)• 6. The Permittee has provided the Iandowwner or his representative with infomntion and data concerning the residuals land application program., including an analysis of constituents of the residuals. residuals application methods. schedules for typical croppine patterns. a description of the equipment used by the Permittee. 7. The Permittee wwitI provide the landowner or his representative with a copy of the residuals permit prior to commencement of any residuals land application event and a copy of the results of each sail analysis. S. If the soil pli of the land application sites) 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 mixture is suitable for the specified crop. 9. The landowner or liis representative and the Permittee will agree on residuals application rates and schedules based on crop patterns. results of soil samples. and the permitted application lfmits. 10. The landowner or his representative will provide the Permitice with information regard in, the amount and analysis of other sources of nutrients (e.g.. fertilizer, unregulated animal waste. etc.) that have been applied to the land application sitc(s)• 11. The landowner or his representative will inform the Permittee of any revisions or modifications to the intended use and cropping patterns for the land application site(s) prior to each planting season to enable the Permittee to aniendthis Agreement and schedule residuals land application events at appropriate periods. 12. Specific residuals land 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 facUities on or near the land application sfte(s) as required ky the permit: copy any records that must be kepi under the terms and conditions of the permit; take necessary Icachatc, surface water.. gmundwater. or soil samples during the term of. and 12 months aster termination of, buts Agreement. H. RESTRICTIONS: 1. Appropriate measures must be taken b►• the Permi nee and/or the Iandowvner or his representative to control public: access to the land application site(N) during active use and for the I; --month period following. a residuals land application event. Such controls may include the posting -of signs that indicate The activities being conducted at the land application site(s). 3. Animals shall not be grazed on the land application shc(s) far a 30-6ay period foilowv'ing a residuals land application evens. i ,end application sites that are to he used for grazing shall have fencing that ►will be wwd to prevent acee.�s during theac perinds otter such residuals sued appliuttiun events. 3• Uood crops, lzcd crops, and fiber crimps ~hall not he harvested for a 30-day period 1161lowinga residuals land application event. 4. Food crops ►with harvested parts that touch the residmmibslsoiI mixture and are totally above the land surlace shall not be harvested for a 14-mmonth period following a residuals land application event. 5. Food crops wwith harvested parts below the surface of the land shall not be harvested for a 20-month period following a residuals land application event when the: residuals remain on the land surface ror lour months or longer prior to incorporation into the snit. 6. Food crops with harvested parts be low the surface of the land shall not be harvested for a 38-month period follouling 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. IMAI,TERNATIVES FOR WATER SUPPLY WELLS INSIDE THE COMPLIANCE BOUNDARY: (please check one) 15A NCAC 02L .4107(d) prohibits water supply wells within the compliance boundary, However. i 5A NCA +y_' l .ti 1050) l allows the 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 erooundwwater standards can he nlet at the newly -established compliance boundary. Please mark one of the following; C3 A re -defined compliance boundary is needed for field(s) ID: (Please include the rationale for the requested re -location of the compliance boundary and attach a map showing the newly proposed compliance boundary to the application package) Q A re -defined compliance boundary is not needed for this site. 1V. rCOWIEDGEMIENT OF FIELD TRANSI:ER: (if needed) land application field(:) II]: i`c_, r' ¢2 is currently permitted under another residuals land application program: Permit Number WQ: O 9'% _ The land owner hereby acknowledge that by signing this agreement, he/she is requestin� =. that the field(s) be removed from the previously ernmitted residuals land application program and transferred into the new program: ?*14 6w C tN t: �l pt (Name of the new program) FOltM_ LOA 06-16 Page 2 of 3 Landowner's Certification, I certify that I am a deeded landowner of die above -referenced land application sites) and ani authorized to Snake decisions regarding the use of the land application site(s) on behairotrtither deeded landowners tLk that I atn otherwise anthorixed, through a power ofattorney or other legal delegation. to make decisions regarding die use cif the fund application sito(s) nn bell, -Of tier deeded landowners. I certify t€oat the above -referenced land application xite(s) are not included in any waste disposal contract or agrceutestt with another mttnio ipaiity, contractor, or ether pemtitted entity. furthermore, 1 certify that I have read this Agreement, understand the stipulations. restrictions. alternatives for water supply wells inside the compliance boundary. acknowledgement of field trdnsfer, and do hereby grant permission to the Permittee to land apply residuals to the land application site(s) as specified herein. Landowner name: Address: 0 City: � f ir�}11�5 State: DNTgN Zip:� Phone: E mail address: Signature: Date: NORTH CAIt(}LINA. �' � 2 4-0 COUNTY 1. the nndersiened Notary Public do hereby certify that', personally appeared before me Otis day and acknowledged the due execution Of the rorgoing WITNESS my hand and official seal this the 8 day of Signature and seal: My commission expires: Lessee's/Operator's Certification: i Certify that I have read this A l.esseeloperalor name: -7119 �ti�' quo nrrrrrr.i Mqo' V e LAND iJ r` �rn►L neat and del hereby agree it) abide by dic stipulations and restrictlojls as specified herein. 02,xw kti,6, r Address: _70clf 40PN6r" city: r �!tG State: 'j(_1 7ipr E-mail address: z731 Phone: _ �� Signature: Date:' Z Permittee's Certification: I certify that I have read this Signing official name: Signature: ,r+- and do hereby agree to abide by Ole stipulations and restrictions as specified herein. A/ R, 4-h Date: q z1 z Z z Page 3 of 3 FORM: LOA 06-16