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HomeMy WebLinkAboutWQ0002712_Field Transfer Letter_20221220ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 20, 2022 ROBERT W. PEARSON — WATER RESOURCES DIRECTOR CITY OF LINCOLNTON POST OFFICE BOX 617 LINCOLNTON, NORTH CAROLINA 28092 Subject: Notice of Field Transfer Permit No. WQ0002712 City of Lincolnton Class B Residuals Program Residuals Management System Lincoln County Dear Mr. Pearson: 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 are copies of the Land Owner Agreements authorizing this transfer. Land Owner Field / Site County Acres Michael Talbott & Bethanna W. Macomson NC-LT-06-02 Lincoln 29.4 Charles Allen Waters NC-LT-19-01 Lincoln 41.8 Charles Allen Waters NC-LT-19-02 Lincoln 12.7 Charles Allen Waters NC-LT-19-03 Lincoln 13.2 Please be advised that as of December 20, 2022, the City of Lincolnton 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. WQ0002712, 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. D EQ �� 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 dew eM o� Emlmnmpndl nuaf� /`� 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 Ch f Division of Water Resources cc: Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) 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 time for the permit application. Unless otherwise noted, the Applicant shall submit one original and two copies of (lie application and supporting documentation For more information, visit the fVater Quality Permitting Section's Non-Di,vchurgy Pernurring Uric 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 15A NCAC 01T .I 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 Residuals Source Certification (FORM: LASC 06-16) form. Please do not make any unauthorized content changes to this form. If necessary for clarity or due to space restrictions, attachments to the a plication may be made, as long as the attachments are numbered to correspond to the section and item to which they refer. epare a separate agreement for each set of land application sites that are owned or operated by an entity other than the _,,Applicant, 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: I Applicant's name: t. n a r s Leg �� t rYl on + I„'�'e, ke P hereinafter referred to as the Permittee, to land apply residuals from the following facility(ies) onto the following land application site(s) (i.e., see attached setback maps) in accordance with the stipulations and restrictions as given in this Agreement: Site/Field ID Lease (yes/no) Land Use or Cropping Patterns intended Use of Crops Residuals Source (optional) Special note (no-tilllover-seed) pasture) �+ 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 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 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 1 of 3 1. STIPULATIONS: 1. The landowner or his representative shall not enter into any additional residuals application contracts or agreements with another permitted entity for the sites) specified by this Agreement. 2. Should the landowner or his representative lease or oIlierwise permit the use of the land application site(s) to a third party, the landowner slialI be responsible to ensure that the third party agrees and complies with the terns and conditions of this Agreement. 3. The landowner or his representative shall adhere to the provisions of this Agreement until all of the site restrictions (under Section 11) are met. 4. Notification of cancellation of this Agreement shall be immediately forwarded to NCDENR-DWR, Non -Discharge Permitting Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636, 5, The Pennittee must request and obtain a permit modification from the Division prior to a transfer of the land application sitc(s) to a new landowner. In addition, the current landowner shall give a notice to the new landowner that gives full details of the residuals applied at the land application site(s). 6. The Pennittee has provided the landowner or leis representative with information and data concerning the residuals land application program, including an analysis of constituents of the residuals, residuals application methods, schedules for typical cropping patterns, a description of the equipment used by the Pennittee. 7. The Pert aiItee will provide the landowner or his representative with a copy of the residuals Penn it prior to commencement of any residuals land application event and a copy of the results of each sail analysis. 8. if the sail pH of the land application sites) is not maintained at 6.0 or greater, sufficient amounts of lime shall be applied to achieve a final sail pH of at least 6.0, unless all agronomist provides information indicating that the pH of the soil, residuals and Iiine inixture is suitable for the specified crop. % The landowner or Iiis representative and the Perin ittee will agree on residuals application rates and schedules based on crop patterns, results of soil samples, and the permitted application limits. 10. The landowner or his representative will provide the Pennittee 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 Pennittee 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 Pennittee to amend this 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 sites) by the Permittee, the landowner, or his representative ptor to and during a residuals land application event. 13. The landowner or his representative hereby authorizes the Pennittee, focal officials, and State officials or their representatives to; enter and inspect any property, premises, or place on or related to the land application sites) at any reasonable time for the purpose of determining compliance with the permit; establish inonitoring facilities on or near the [and application sites) as required by the permit; copy any records [hat must be kept under the terms and conditions of the permit; take necessary leachate, surface water, groundwater, or soil samples during the term of, and 12 months after termination of, this Agreement. II. RESTRICTIONS: 1. Appropriate measures must be taken by the Pennittee and/or the landowner or his representative to control public access to the land application sites) during active use and for the 12-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). 2. Animals 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 that 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 the land surface shall 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 the residuals remain on the land surface for four months or longer prior to incorporation into the soil. 5. Food crops with harvestcd parts below the surface of the land shall not be harvested for a 38-month period following a residuals land application event when the residuals reinain 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. 11I.ALTERNATIVES 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, 15A NC'AC 021 .0105th} 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 groundwater standards can be met at the newly -established compliance boundary, Please mark one of the following; ❑ A re -defined compliance boundary is needed for fields) ID: (Please include the rationale for the requested re -location of the compliance boundary and attach a map showing the newly proposed ampliance boundary to the application package) [ A re -defined compliance boundary is not needed for this site. IV.ACINOWLEDGEMENT OF FIELD TRANSFER: (if n eded) The land application field(s) ID: L4-- O b - �-14r is currently permitted under another residuals land application program; Permit Noinber WQ. 00o 1-7 1 Z IVOL0 b0 c land owner hereby acknowledge that by signing this agreement, he/she is requestin hat the fields) bg re oved f th previ usly pen fitted residuals land application program and transferred into the new program; Wi d a (Name of the new prograrn) FORM: LOA 06-16 Page 2 of 3 Landowner'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 use of the land application site(s) on behalf of other deeded landowners OR that I am otherwise authorized, through a power of attorney or other legal delegation, to make 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 with another municipality, contractor, or other permitted entity. Furthermore, I certify that I have read this 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(s) as specified herein. Landowner name: rr Address: 2 —1 S ' r��'I_ a�d•L�A7��o C City: L i n Cv O cN State: L Zip: Phone: - 2� t- s S E-mail address: Signature: Date: NORTH CAROLINA, �� n C Q COUNTY 2tc),� 0)- /:r I, the undersigned Notary Public do hereby certify that ' r ` I Fie_ i' r 4, z ° m -$ d n - personally appeared before me this day and acknowledged the due execution of the forgoing instrument. WITNESS my hand and official seal this the 13`'` day of he Signature and seal: My commission expires Lessee's/Operator's Certification: V. o,\- 'Lt ZZ I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein. Lessee/operator name: Address: City: Phone: Signature: Perrnittee's Certification: State: E-mail address: Date: Zip: I certify that I have read thhiss Agreem-eut and do hereby agree to abide by the stipulations and restrictions as specified herein. Signing official name: I oke-l-� r�111 - Signature: Date: 3/Z/z Z FnRNfi. r nA m-tf Page of DWR State of North Carolina Departinent of Environment and Natural Resources Division of Water Resources Divlslon 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 time for the permit application. Unless otherwise noted the Applicant shall submit one original and two copies of the application and supporting documentation For more inforination, visit the Water Quality Permitting Section's Non -Discharge Permining Unit 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 15A NCAC 021' . i 100, D❑ 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 06-16) form. Please do not make any unauthorized content changes to this form, 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, repare a separate agreement for each set of land application sites that are owned or operated by an entity other than the Applicant. ZA copy of the completed and appropriately executed agreement must be provided to the landowner and the lesseeloperator. AGREEMENT FOR THE LAND APPLICATION OF RESIDUALS TO PRIVATELY OWNED LAND The undersigned landowner or his representative hereby permits: Applicant's name: ,-�e. Ne hereinafter referred to as the Permittee, to land apply residuals from the following facillty(ies) onto the following land application site(s) (i.e., see attached setback maps) in accordance with the stipulations and restrictions as given in this Agreement: Site/Field [D Lease (yes/no) Land Use or Cropping Patterns Intended Use of Crops Residuals Source (optional) Special note (no-till/over-seed! pasture) L l - —to A)o 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 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 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 i of 3 I. STIPULATIONS: 1. The landowner or his representative shall net enter into any additional residuals application contracts or agreements with 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 sites) to a third party, the landowner shall be responsible to ensure that the third party agrees and complies with the terms and conditions of this Agreement. 3. The Iand owner or hiss representative shall adhere to the provisions of this Agreement until all of the site restrictions (under Section 11) are met. 4. Notification of cancellation of this Agreement shall be immediately forwarded to NCDI;N11-DW17, Non -Discharge Permitting Unit, 1636 Mail Servicc Center, Raleigh, NC 27699-1636. 5. The Permittee must request and obtain a permit modification from the Division prior to a transfer of the land application site(s) to a new landowner. fn addition, the current landowner shall give a notice to the new landowner that gives full 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 the residuals land application program, including an analysis of constituents of the residuals, residuals application methods, schedules for typical cropping patterns, a description of the equipment used by the Permittee. 7. The Permittee will 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 soil analysis. R. If the soil pH of the land application site(s) is not maintained at GA or greater, sufficient amounts of lime sliall 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 his representative and the Permittee will agree an residuals application rates and schedules based on crop patterns, results of soil samples, and the permitted application limits. 10. The landowner 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 patterns for the land application site(s) 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 land application area boundaries shall be clearly marked on the land application site(s) by the Pernittee, 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 the land application site(s) as required by the permit; copy any records that must be kept under the terms and conditions of the permit; take necessary leachate, surface water, groundwater, or soil samples during the term of, and 12 months after termination of, this Agreement. II. RESTRICTIONS: 1. Appropriate measures must be taken by the Permittee and/or the landowner or his representative to control public access to the land application site(s) during active use and for the 12-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). 2. Animals shall not be grazed on the land application site(s) for a 30-day period fallowing a residuals land application event. Land application sites that are to be used for grazing shall have fencing that 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 residuaWsoil mixture and are totally above the land surface shall 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 the residuals remain on the land surface for four months or longer prior to incorporation into the soil. 6. Food crops with harvested parts below the 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. III, ALTERNATIVES 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, 15A NCAC 02T_.0105[h) 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 groundwater Standards can be met at the newly -established compliance boundary. Please mark one of the following; ❑ A re, -defined compliance boundary is needed for fields) ID: (Please include the rationale for the requested re -location of the compliance boundary mid attach a map showing the newly proposed c mpliance boundary to the application package) re -defined compliance boundary is not needed for this site. IV. ACKNOWLEDGEMENT OF FIELD TRANSFER: (if needed) [a The land application field(s) ID: _ L k— 15 - r. Ze I _ � is currently permitted under another residuals land application program; Permit Number Q:'u O 2.7 ►7 _ The land owner hereby acknowledge that by signing this agreement, ]re/she is requesting that the field(s) be emoved from the previo sly permitted csid als land application program and transferred into the new program; � / j�'I (Name of the new program) FORM: LOA 06-16 Page 2 of 3 Landowner's Certification: I certify that I am a deeded landowner of the above -referenced land application sites) and am authorized to make decisions regarding the use of the land application site(s) on behalf of other deeded landowners OR that I am otherwise authorized, through a power of attorney or other legal delegation, to make decisions regarding the use of the land application sites) on behalf of the deeded landowners. I certify that the above -referenced land application sites) are not included in any waste disposal contract or agreement with another municipality, contractor, or other Penn itted entity. Furthermore, I certify that I have read this 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 Pennittee to land apply residuals to the land application site(s) as specified herein. IN r , Landowner name: ( fL& V4 k1_3 _ Address: 3 S.? 1 h";tff' . . City: _ LtlC, tR �. State: A/C. Zip: Phone: 737 7 Cr 9 E-mail address: Signature: Date NORTH CAROLINA, A f COUNTY I, the undersigned Notary Public do hereby certify that personally appeared before me this day and acknowledged the due execution of the forgoing instrum .5L WITNESS my hand and official seal this the day of Very Signature and seal: My commission expires Lessee's/Operator's Certification: I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein- Lessee/operator name: Address: City: Phone: Signature: Permittee's Certification: State: E-mail address: Bate: Zip: I certify that I have read this Agreementanddo hereby agree to abide by the stipulations and restrictions as specified herein. Signing official none: "P&&& f `y A Signature: Date: Y1ZIZ-Z FORM: LOA 06-I 6 Page 3 of 3