Loading...
HomeMy WebLinkAboutWQ0000672_Permit Application_20130401Barber, Jim From: I Mcdaniel, Chonticha Sent: ': ;; Tuesday, April 23, 2013 1:11 PM To: Barber, Jim Subject: FW: More Information for Lumberton NC Attachments: .:. LASC Attachment.docx `� i i .:;. VJ Chonticha McDahiel,: • .;! Environmental Engineer, North Carolina Uepartm6 t of Environment and Natural Resources- , ..; .. ,,..:,.-. Division of Water Qualyitw*ifer.Protection Section 1636 Mail Service Cente',r::'. Raleigh, NC 27699-1636. i Phone: (919) 807,-6337. Fax: (919) 807-6496 http://Portal.ncdenr'.org/Web/wq , DISCLAIMER: Fm'ail co respondence to and from this address is subject fo the North Carolina Public Records Law and may be disclosed to third' parties.unless the content is exempt by statute or other regulation. From: Stephens; Edward[mailto:estephens@SYNAGRO.com] Sent: Wednesday, April'03,! 2013 8:03 AM To: Mcdaniel,i Chonticha Subject: RE:I More Information for Lumberton NC Updated LAST Attachment Thank you. - Edward From: Mcdaniel,; Chonticha [mailto:chonticha.mcdaniel@ncdenr.gov] Sent: Tuesday, April,02, 2013 9:12 AM To: Stephens; Edward j Subject; RE:More Information for Lumberton NC Stephens, On the LASC form;.field 1�0_, 14 still has R.G Hammonds listed as landowner, please change it to Taylco c/o Keith Taylor. Chonticha McDaniel;' ;! Environmental Engineer`; ! I' North Carolina Department of Environment and Natural Resources Division of Water.Quality/Aquifer Protection Section 1636 Mail Sergi lice Cente Raleigh, lr 1 1 ,. , 1 {l NC 27699-16361 I�; i I. Phone: (919) 807-6337 Fax(919) 807-6496 I : I' 1 .1.1 1•., .I 1! Status Code Site/Field ID Landowners Lesse(s) or Operator(s) Net Acres County Crop(s) Predominant Soil Series Name Mapping Unit M NC-RO-20-7 R.G. Hammonds Same 13.0 Robeson Row Crops Goldsboro GoA M NC-RO-20-8 R.G. Hammonds Same 73.2 Robeson Row Crops Wagram WaB N NC-RO-20-14 Tayloo c/o Keith Taylor R.G. Hammonds 10.6 Robeson Row Crops Goldsboro GoA N NC-RO-37-1 Michael McCarthy Danny Smith 3.1 Robeson Coastal Bermuda Lakeland LaB N NC-RO-37-2 Michael McCarthy Danny Smith 8.4 Robeson Coastal Bermuda Kalmia KaA N NC-RO-37-3 Danny Smith Same 8.9 Robeson Row Crops Norfolk NoB N " NC-RO-37-4 Phillip/Beatrice Culbreth Danny Smith 15.1 Robeson Row Crops Norfolk NoA N NC-RO-37-5 Phillip/Beatrice Culbreth Danny Smith 4.1 Robeson Row Crops Norfolk NoA N NGRO-37-6 Phillip/Beatrice Culbreth Danny Smith 4.4 Robeson Coastal Bermuda Norfolk NoA N NC-RO-16-1 Ozzell Baker Same 16.9 Robeson Coastal Bermuda Rains Ra N NC-RO-16-2 Ozzell Baker Same 3.6 Robeson Fescue Goldsboro GoA N NC-RO-16-3 Ozzell Baker Same 3.4 Robeson Coastal Bermuda Goldsboro GoA N NC-RO-16-4 Ozzell Baker Same 3.6 Robeson Coastal Bermuda Rains Ra N NC-RO-16-5 Ozzell Baker Same 8J Robeson Coastal Bermuda Rains Ra N NC40-16-6 Ozzell Baker Same 14.8 Robeson Fescue Norfolk NoA N NC-RO-16-7 Ozzell Baker Same 17.5 Robeson Row Crops Norfolk NoA Status Code Sit6/Field ID Landowners Lesse(s) or Operator(s) Net Acres County Crop(s) Predominant Soil Series Name Mapping Unit N NC-RO-16-8 Ozzell Baker Same 7.6 Robeson Coastal Bermuda Wagram WaB N NC-RO-38-1 Leroy Harris Chad Harris 11.6 Robeson Coastal Bermuda Norfolk NoA N NC-RO-38-2 Leroy Harris Chad Harris 19.4 Robeson Coastal Bermuda Norfolk NoA N NC-RO-28-1 Robert Baskerville Jr. Carnell Locklear 11.6- Robeson Row Crops Dunbar Dn N NC-RO-28-2 Robert Baskerville Jr. Carnell Locklean 56.9 Robeson Row Crops Rains Ra N NC-RO-28-3 Robert Baskerville Jr. Carnell Locklear 10.4 Robeson Row Crops Goldsboro GoA N NC-RO-17-2 City of Lumberton Pete Allen 25.4 Robeson Row Crops Lumbee Lu N NC-RO-17-3 City of Lumberton Pete Allen 28.0 Robeson Row Crops Lumbee Lu M NC-RO-11-4 City of Lumberton Pete Allen 47.7 Robeson Row Crops Johns Jo N NC-RO-39-7 Lyndon Bullard Lyndon Bullard 3.7 Robeson Coastal Bermuda Goldsboro GoA N NC-RO-39-8 Lyndon Bullard Lyndon Bullard 7.4 Robeson Coastal Bermuda ' J Norfolk NoA N NC-RO--39-9 Patrick Bullard Same 62.5 Robeson Coastal Bermuda Wagram WaB N NC-RO-39-IA Lindbergh Bullard Patrick Bullard 5.3 Robeson Coastal Bermuda Goldsboro GoA N NC-RO-39-1B Lindbergh Bullard Patrick Bullard 2.6 Robeson Coastal Bermuda Goldsboro GoA N NC-RO-39-2 Lindbergh Bullard Patrick Bullard 1.4 Robeson Coastal Bermuda Goldsboro GoA N NC-RO-39-3 Quindale Bullard Patrick Bullard 5.1 Robeson Coastal Bermuda Rains Ra N NC-RO-39-4 Quindale Bullard Patrick Bullard 14.8 Robeson Coastal Bermuda Lynchburg Ly N NC-RO-39-5 Rhonda Kay Chong Patrick Bullard 3.8 Robeson Coastal Bermuda Lynchburg Ly N. NC-RO-39-6 Rhonda Kay Chong Patrick Bullard 2.9 Robeson Coastal Bermuda Wagram Wa Site/Field ID Latitude Longitude Location Datum Location Method Code Location . Accuracy Waterbody Subbasin and Steam Index No. Current and Proposed Class NC-RO-20-7 34043'30" 79002'2F NAD83 MAP Nearest Second LBR51-14-12 QSw NC-RO-20-8 34043'48" 79002'03" NAD83 MAP Nearest Second LBR51-14-12 C;Sw NC-RO-20-14 34043'38" 79002'l0" NAD83 MAP Nearest Second LBR51-14-12 C;Sw NC-RO-37-1 34037'26" 79009'08" NAD83 MAP Nearest Second L13R51-14-8-(2.5) WS-IV;Sw NC-RO-37-2 34037'17" 79009'01" NAD83 MAP Nearest Second LBR51-14-8-(2.5) WS-IV;Sw NC-RO-37-3 34037'56" 79006'49" NAD83 MAP Nearest Second LBR51-14-9-(1.5) WS-IV;Sw NC-RO-37-4 34037'50" 79006'42" NAD83 MAP Nearest Second LBR51-14-9-(1.5) WS-IV;Sw NC-RO-37-5 34037'55" 79006'37" NAD83 MAP Nearest Second LBR51-14-9-(1.5) WS-IV;Sw NC-RO-37-6 34037'45" 79006'37" NAD83 MAP Nearest Second LBR51-14-9-(1.5) WS-IV;Sw NC-RO-16-1 34042'24" 79007'40" NAD83 MAP Nearest Second LBR52-14-10-8-4-(0.5) WS-IV;Sw NC-RO-16-2 34043'14" 79007'37" NAD83 MAP Nearest Second LBR52-14-10-8-4-(0.5) WS-IV;Sw NC-RO-16-3 34042'20" 79007'33" NAD83 MAP Nearest Second LBR52-14-10-8-4-(0.5) WS-IV;Sw NC-RO-16-4 34042'17" 79007'30" NAD83 MAP Nearest Second LBR52-14-10-8-4-(0.5) WS-IV;Sw NC-RO-16-5 34042'25" 79007'23" NAD83 MAP Nearest Second LBR52-14-10-8-4-(0.5) WS-IV;Sw NC-RO-16-6 34042'17" 79007'18" NAD83 MAP Nearest Second LBR52-14-10-8-4-(0.5) WS-IV;Sw NC-RO-16-7 34042'21" 79007'12" NAD83 MAP Nearest Second LBR52-14-10-8-4-(0.5) WS-IV;Sw Site/Field ID Latitude Longitude Location Datum Location Method Code Location Accuracy Waterbody Subbasin and Steam Index No. Current and Proposed Class NC-RO-16-8 34042'23" 79007'03" NAD83 MAP Nearest Second LBR52-14-10-8-4-(0.5) WS-IV;Sw NC-RO-38-1 34045'41" 79008'14" NAD83 MAP Nearest Second LBR52-14-10-8-3-(2) WS-IV;Sw NC-RO-38-2 34045'23" 79008'14" NAD83 MAP Nearest Second LBR52-14-10-8-3-(2) WS-IV;Sw NC-RO-28-1 34043'49" 7900611" NAD83 MAP Nearest Second LBR52-14-10-(1) C;Sw NC-RO-28-2 34043'58" 79006'60" NAD83 MAP Nearest Second LBR52-14-10-(1) QSw NC-RO-28-3 34043'41" 79005'41" NAD83 MAP Nearest Second LBR52-14-10-(1) QSw NC-RO-17-2 34035'57" 79004'29" NAD83 MAP Nearest Second LBR51-14-17 QSw NC-RO-17-3 34036'04" 79004'17" NAD83 MAP Nearest Second LBR51-14-17 QSw NC-RO-17-4. 34036'27" 79003'35" NAD83 MAP Nearest Second LBR51-14-17 C;Sw NC-RO-39-7 34041'12" 79002'01" NAD83 MAP Nearest Second LBR51-14-12-4 C;Sw NC-RO-39-8 _ 34041'13" 79001'55" NAD83 MAP Nearest Second LBR51-14-12 C;Sw NC-RO-39-9 34024'26" 79004'25" NAD83 MAP Nearest Second LBR54-14-30-8 QSw NC-RO-39-1A 34036,11" 79013'09" NAD83 MAP Nearest Second LBR54-14-30-3-1 C;Sw NC-RO-39-1B 34036'07" 79013'07" NAD83 MAP Nearest Second LBR54-14-30-3-1 C;Sw NC-RO-39-2 34036'08" 79013'04" NAD83 MAP Nearest Second LBR54-14-30-3-1 C;Sw NC-RO-39-3 34036'01" 79013'14" NAD83 MAP Nearest Second LBR54-14-30-3-1 QSw NC-RO-39-4 34036'01" 79013'08" NAD83 MAP Nearest Second LBR54-14-30-3-1 QSw NC-RO-39-5 34036'01" 79013'02" NAD83 MAP Nearest Second LBR54-14-30-3-1 C;Sw NC-RO-39-6 34036'03" 79012'58" NAD83 MAP Nearest Second LBR54-14-30-3-1 QSw i State of North Carolina Cl Please use the followin -s- instructions and check information requested.` permit application. Uu sunnortine documentation De artmen nment and Natural Resources RECEIVEDInE�S6 Division of Water Quality MAR I. 3 Z013 LAND OWNER AGREEMENT FORM: LOA 08-11 rder to ensure all required items are submitted. Adherence to these produce a quicker review time and reduce the amount of additional iired items will lead to additional processing and review time for the: For more information or for an electronic version of this form, visit the Land Application Unit (LA U) web site at: http:/Mortal. ncdenr. org, `webiwgiapsilau 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 02T .1100. Do not submit this agreement for review without a corresponding application form (FORM: RLAP 08-11). 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 08-11): ❑ Submit the completed and appropriately executed Residuals Source Certification (FORM: LASC 08-11) 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. ❑ 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 orhisrepresentative hereby permits: Applicant's name: ' i asc L►�-t✓ hereinafter referred to as the Permittee, to land apply residuals from the following facility(ies) onto the following land application site(s) (Le., 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 o tional (optional) ) Special note (no-till/over-seed/ pasture) JUL F,0 —2Z Al i n� I,J w1� t�fit' ��-tZo -zu - g-► - G_M _ c- r PIT 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. iThis 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. L STIPULATIONS: 1. The landowner or his representative shall not 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 site(s) 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 F 3. The landowner or his representative shall adhere to the provisions of this Agreement until all of the site restrictions (under Section R) are met 4. Notification of cancellation of this Agreement shall be immediately forwarded to NCDENR-DWQ, Land Application Unit, 1636 Mail Service 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. 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 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. 8. If the 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 mixture is suitable for the specified crop. 9. The landowner or his representative and the Permittee 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 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 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 withthe 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 �IL RESTRICTIONS: 1. Appropriate measures must be taken by the Permittee andlor.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 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 residualstsoil 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. IMALTERNATIVES 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 field(s) ID: NC - Rn®' 7 (Please include the rationale for the requested re -location of the compliante 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) ❑ The land application field(s) ID: is currently permitted under another residuals land application program; Permit Number WQ: The land owner hereby acknowledge that by signing this agreement, he/she is requesting that the field(s) be removed from the previously permitted residuals land application program and transferred into the new program; (Name'of the new program) 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 sites) 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, acimowledgement of field transfer, and do heremiby grant pert ion to, the. Permittee to land apply residuals to the land application site(s) as specified , herein. � /.' Landowner name: tf2ik U V 4w t State: J V zip: �-b � �b Phone: 't Q _'°� 1 E-mail address: . Signature: Date: NORTH CAROL.INA,, :0-1 Q✓c> COUNTY I, the undersigned Notary Public do hereby certify that (initials-A4=1 personally — appeared before me this -day, and, being duly sworn, stated that in his/her presence_ Nia rJ! signed the attached document and aclaiowledged the due execution of the foregoing instrument. — WITNESS my hand and official eal this the day of ►/�4rMe 20 It Signature and seal: . MC -� 'My commission expires: 0 t KUM ZMECOUNM - MMOF NORTH CARMJNA 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- Lesseeloperator name: Address: City: State: Zip: Phone: E-mail address: Signature: Date: . r Permittee's Certification: I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as)specified herein. Signing official naive: �r�^_� Al !t '1�tf5 Signature: „�.�� ' Date: I� ■f t 666 iiJ ;�,• MAR 2 8 2013 March 11, 2013 N.C. Department of Environment and Natural Resources Division of Water Quality Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 ATTENTION: Ms. Chonticha McDaniel REGEIVEDIDENRIDWO MAR 18 2013 Aquifer Protection Section REFERENCE: REQUEST FOR ADDITIONAL INFORMATION REGARDING APPLICATION FOR MODIFICATION OF PERMIT # WQ0000672: CITY OF LUMBERTON Dear Ms. McDaniel: This letter is in response to the request for additional information letter dated February 26, 2013 regarding the current permit modification application for the City of Lumberton, permit #WQ0000672.- . 11 1. A field designated NC-RO-21-6; owned and operated by Lacy Cummings has been withdrawn from the permit modification application and information regarding it has been removed. Fields. 1-5 listed on the site summary remain unchanged. A new site summary listing fields'l-5 is included, please discard the version listing field 6 and any maps related to it. 2. A field designated NC-RO-20-7, operated by Ronald Hammonds. At the time the permit modification application was submitted to NC DENR DWQ the Robeson County GIS system showed that the field in question was owned entirely by Ronald Hammonds. A subsequent review of the Robeson County GIS system by Mr. Jim Barber of the Fayetteville. Regional Office revealed that a portion of field 7 was owned by Taylco Inc. The owner of Taylco, Mr. G. Kenneth Taylor has agreed to participate as a land owner and has signed the Land Owner Agreement Form (LOA 8-11). Updated maps showing the property boundaries and required setbacks are included with this letter as well as the LOA signed by Mr. Taylor. Please discard the map of field 7 included with the permit modification application and insert the attached version. An updated site summary for NC-RO-20 is also included. 3. Fields NC-RO-20-11, 12 and 13 are owned and operated by Ronald Hammonds. Mr. Hammonds has decided that he does not want to include fields 11, 12 and 13 in the Lumberton permit at this time. This decision was made after the permit modification application was prepared and submitted. Updated maps are included that show fields currently under consideration, but not 11, 12 and 13. Please insert them in the permit modification application binder where appropriate. This letter is believed to supply all additional information requested. In the event more information or a clarification of information already submitted is required, please contact me via e-mail using ettephens@synagro.com or by phone at 336-403-4324. Sincerely, Edward Stephens Technical Services Manager Cc: T. Wayne Horne, City Manager; City of Lumberton I SITE SUMMARY City of Lumberton WQ0000672 Site, ID: NC-RO-21 . Owners: Fannie Oxendine Lacy Cummings . Address: 7632 NC Highway 711 75 Genes Road Pembroke, NC 28372 Pembroke, NC 28372 Phone: 91'0-521-4757 Operator: . Lacy Cummings - Address: 75 Genes Road Pembroke, NC 28372 Phone: 910-521-4950 (home) 910-827-1211 (cell) Estimated Robeson Co. Predominant ' Latitude & Total -Applicable, RYE Soil Series Longitude Fipick Ar_rPs Acres Cron(sl. PAN/ac:/vr_ (man unit) (D.M.S) corn 131 Norfolk 34.42.26 N 1 47.6 39.7 soybeans(fs/dc) 164/137 (NoA) 79.05.34 W wheat 125 corn 131 Norfolk 34.42.23 N 2-A 51.8 ' 45.9 soybeans(fs/dc)- 164/137 (NoA) 79.05.20 Wwheat 125 . 2-13 5.1 5.1 coastal 264 Wagram 34.42.13.N bermuda rass WaB) 79.05.20 W 3 4.8 4.0 coastal" 264 Wagram 34A2.18.N bermuda rass ' Wa6 79.05.40 W 4 20.2 13.0 coastal 264 Wagram 34.42.10 N bermuda rass .(Wa'B) 79.05.32 W corn 148 Goldsboro 34.42.38 N 5 '59.9 52.1 - soybeans(fs/dc) 176/149 (GoA) 79.05.27 W wheat 136 TOTALS 189.4 159.8 Notes: Fannie Oxendine owns fields 1-5, which are currently permitted. Date: 3/11 /13 State of North Carolina RECEIVDIDE�p Department of Environment and Natural Resources' r --~ Q Division of Water Quality > MAR 2013 LAND OWNER AGREEMENT Aquifer PCOf@ctjp sggAFORM: LOA 08-11 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 information or for an electronic version of this form, visit the Land Application Unit (LAU) web site at: http portal.ncdenr.org/web/wg1aps/lau 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 02T .1100. Do not submit this agreement for review without a corresponding application form (FORM: RLAP 08-11). 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 08-11): ❑ Submit the completed and appropriately executed Residuals Source Certification (FORM: LASC 08-11) 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. ❑ 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: o Applicant's name: i. Ij ' Un- 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 Patterns Cropping Patte Intended Use of Crops Residuals Source (optional) Special note (no-till/over=seed/ pasture) cor, 6a"."s 1 eeJ . w7e_ iJWt� 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 08-11 Pagel of 3 L STIPULATIONS: 1. The landowner .4 his representative shall not enter into any additional residuals application contracts or agreements with another permitted entity for the �ite(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 the terms 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-DWQ, Land Application Unit,1636 Mail Service 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. 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 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. 8. If the 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 mixture is suitable for the specified crop. 9. The landowner or his representative and the Permittee 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 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 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 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- 11. 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 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. 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. IMALTERNATIVES 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(r) 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 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) ❑ A re -defined compliance boundary is not needed for this site. IV. ACKNOWLEDGEMENT OF FIELD TRANSFER: (if needed) ❑ The land application field(s) ID: is currently permitted under another residuals land application program; Permit Number WQ: The land owner hereby acknowledge that by signing this agreement, he/she is requesting that the field(s) be removed from the previously permitted residuals land application program and transferred into the new program; (Name of the new program) 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 Address: aa City: Lt rh 66&rvAV State: / V G Zip: 02 g 5 (� D , Phone: f O q 3 �b -mail address: lQNSTQ % R R Z • n't . � 20 Signature: 01 Date - NORTH CAROLINA, %o 655c COUNTY I, the undersigned Notary Public do hereby certify that -Y PI E , 4 l 199 personally appeared before me this day and acknowledged the due execution of the forgoing instrument. WITNESS my hand and official seal this the fi day of ! 1 ql c 20 IS Signature and seal: My commission expires: Lessee's/Operator's Certification: /0 /,�7 I certify that I have read thi eement and Lessee/operator name: Address:./21 City: Phone: �ia3�1 �,�q ! hereby agree to abide by the stipulations and restrictions as specified herein. A State: _✓� E-mail Zip: 9U 6v Signature: LV�Mvirr' t� — Date: • 3I i3 Permittee's Certification: I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein. Signing official name: 0 �7 Signature: a Date: RECEIVEDIDENRI M MAR 18 2013 Aquifer Protection Section