HomeMy WebLinkAboutWQ0004609_FP Att B_20110718YXAA
IJ
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
— Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 18, 2011
Mr. Tommy Myers, Vice President of Operations
Wayne Farms, LLC
4110 Continental Drive
Oakwood, GA 30556
Dear Mr. Myers -
Dee Freeman
Secretary
Subject: Attachment B Certification
Permit No. WQ0004609
Wayne Farms, LLC
Land Application of Other Wastewater Residuals
Surry County, NC
In accordance with your Attachment B modification application package received on July 14, 2011, we
are forwarding herewith a modified Attachment B, certified on July 18, 2011, to Wayne Farms, LLC for the
subject residuals land application program. This modified Attachment B approves a total of 276.0 acres for land
application of residuals under this program.
Please replace the existing Attachment B of Permit No. WQ0004609 that was previously certified on
July 1, 2008, with this modified Attachment B. Note that fields NC-SU-11-1 and NC-SU-11-2 have changed
ownership. The following updated site information for these subject fields are attached to this modified
Attachment B: Site Summary, Landowner Agreement Attachment, Landowner Consent for Biosolids
Application, Vicinity Map, Topographic Map, Aerial Reference Map, and Application Area Map. It is the
Permittee's responsibility to ensure that a complete permit is'created by inserting this modified. Attachment B
into Permit No. WQ0004609, issued February 28, 2006, and making sure to retain any 'vicinity and buffer maps
for any existing and unmodified land application site.
This modified Attachment B shall be effective from the date of certification; shall void the previously
certified Attachment B, certified on July 1, 2008; and shall be subject to the conditions and limitations as
specified therein as well as those specified in the above referenced permit. Please take the time to review this
modified Attachment B thoroughly. Note that this modified Attachment B is hereby incorporated by reference
into Permit No. WQ0004609, issued February 28, 2006.
If any parts, requirements, and/or limitations contained in this certification of Attachment B are
unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this certification. This request shall be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings at
Winston-Salem Regional Office
585 Wauhtown Street, Winston-Salem, North Carolina 27107 We
Phone: 336.771.50001 FAX: 336-771.46311 Customer Servlca: 1-877-623-6748 i.V 01'thCarol.hia
Internet: hlip:liportal.nr.denr.orglwehrvrq a �}������`/iJl,(_ J
An Equal Opportunity l Affrmative Aelion Employer '
i
Mr. Tommy Myers, Wayne Farms, LLC Permit No, WQ000 4609
Attachment B Certification July 18, 2011
6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this
certification shall be final and binding.
If you have any questions or concerns, please contact Mr. Patrick Mitchell at (336) 771-5285.
Sincerely,
JG'Y- "-
Sherri V. Knight, P.E.
Regional Supervisor, Aquifer Protection Section
Enclosures
ccs Bruckie Ashburn, Wayne Farms, LLC P. Q. Box 383, Dobson, NC 27017
Scott Berg, Synagro 284 Boger Rd., 1VMocksvalle, NC 27028
Surry County Health Department
Ed Hardee, APS Central Office
APS WSRO Files
ATTACHMENT B - Approved Land Application Sites July 18, 2011
Permit Number: WQ0004609 Version: 2.10
Wayne Farms LLC
Wayne Farms LLC-A Sludge/Lao
Field/Zone Id
Owner
Lessee
Coun
Latitude
Longitude
Net Acreage
Dominant Soil Series
NC-SU-11-1
13odenhamer, B2hby
Surry
3601210611
80024155"
11.30
Fairview sandy clay loam, 2 to 8% slopes
NC-SU-11-2
Bodenhamer, Bobby
Surry
36"23'18"
80°42125"
7.60
Fairview sand cik laam, 2 to 8% slopes
NC-SU-11-3
ELdA Hal
surry
36023'09"
80"40'47"
11.20
Braddock fine sandy lown, 2 to 8% slopes
NC-SU-11-4
jqdA Hal
SuYryy
36023'07"
80040'38"
4.80
Braddock fine sandy loam, 2 to 8% slopes
NC-SU-12-1
Spicer, Marvin
surnry
36022'54"
80"41'44"
9.70
Fairview §arid c loam,2 to 8% slopes
NC-SU-32-01
Tem Teton, Peter
S
36"23'14"
80"40'58"
9-20
Fairview sandy clay barn, 2 to 8% slo es
NC-SU-32-02
Tem Teton, Peter
Tem leton, Peter
SEE
36-23'20"
80°4P12"
14,20
Pacolet
NC-SU-32-03
Templeton, Peter
Templeton, Peter
Sy=
36023'37"
80041'15"
5.90
Bethlehem
NC-SU-32-04
Tem Teton, Peter
Tem Teton, Peter
Surry
36"2343"
80041'10"
5.40
Bethlehem
NC-SU-32-05
Tem Teton, Peter
Templeton, Peter
S2a
36"23'42"
804115"
6.40
Bethlehem
NC-SU-32-06
Templeton, Peter
Templeton, Peter
Surry
36°23'55"
80°4121"
2.60
Bethlehem
NC-SU-32-08
Tem Teton, Peter
Tem letoi:4 Peter
SIM
36023'57"
80°41'06"
15-30
Bethlehem
NC-SU-32-09
Templeton, Peter
Templeton, Peter
Surry
36023`49"
80040'47"
16-80
Bethlehem
NC-SU-32-7A
Templeton, Peter
Templeton, Peter
36-24-05"
80°41'34"
13.80
Pacolet
NC-SU-32-7B
T2TpjetM Peter
Tem Teton, Peter
Surry
36034'03"
80041'24"
3.40
Pacolet
NC-SU-35-02
Nichols, Harry
Nichols, Harry
Surry
36"27'05"
80°39'51"
9.10
Pacolet
NC-SU-35-04
Nichols, Harry
Nichols, Hany
Surry
36-27-17"
80°39'50"
7.30
Pacolet
NC-SU-8-1
Edmonds, Tommy
Surry
36020'18"
80041'52"
15,00
Fairview sandy clay loam, 2 to 8% slopes
NC-SU 8-2
Drau Ferzi
Suny
36-21-11"
80°40'25"
I1-20
Fairview sandI clay loam 2 to 8% slo s
NC-SU-8-3
Edmonds, Sh#Ig
Suny
36°20'57"
80140'21"
21.70
Fairview sandy clay loam, 2 to 8% sLoEs
NC-SU 8-4A
Edmonds, Tommy
Surry
36022'19"
80041'22"
13.00
Fairview sandy ela loam 2 to 8% sI s
NC-SU 8-4B
Edmonds, Tommy
Surry
36°22'25"
80°41'14"
6.40
Fairview sandy clay loam,2 to 8% slopes
NC-SU 9-1
Simmons, Eugene
S
36°26'33"
80°40'12"
8.50
Fairview clay loam, 2 to 8% slopes
NC-SU 9-2
Simmons, Eu ene
Surry
36026'36"
80040'23"
10.80
Fairview pudy clay juani, 2 to 8% slopes
NC-SU-9-3
Simmons, Eugene
9urry
36126'33"
80140'29"
13.10
Fairview sandy clay 10ant, 2 to 8% slopes
NC-SU-9-4
Simmons, Eugene
Surry 136026'34"
1
80049'41"
13.00
Fairview sandy clay loam, 8 to 15% slope
NC-SU-9-5
Simmons, Eugene
Swry 13602614011180040'51"
9.30
Fairview sandy clay loam, 2 to 8% slopes
Total 276.00
SITE SUMMARY
i
Wayne Farms, L.L.C.
Surry, NC
Site Ii7: NC-SU-11
Name: Bobby Bodenharner
Address; 135 Brady Johnson Lane
Mount Airy, NC 27030
Phone: (336) 786-5777
Operator: same
Phone: (336) 785-5777
E Estimated latitude &
Total Applicable Maximum Predominani" Longitude
Fields Acres Acres Crop(s) Slope Soil Series D.M,S,
1
24.3
11.3
Fescue
2-8%
Fairview
36.23.18 N
80.42.26 W
2
11.7
7.6
Fescue
2-8%
Fairview
36,23.25 N
80.42.17 W
TOTALS 3610 1&9
Dotes: Bodenharner purchased these two fields from Hal Kidd in 2010
Date- 4/1812011
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
LANDOWNER AGREEMENT ATTACHMENT
(THIS FORM MAY RE PHOTOCOPIED FOR USE AS AA1 ORIGINAL)
The Division of 'Water Quality (Division) will not consider this attachment form to be complete
unless fill the instructions are followed. Failure to follow the instructions or to submit all of the
required items will lead to additional processing and review time for the applicstion.
For nFore if formation 01-for all electronic version of flik,form, visll our tveb site at:
A[!L,•h2o.enr.slafe,Pic, us/Inrr/cruplicaliaiislttr
INSTRUCTIONS TO THE APPLICANT:
A. AttachtnentFornu
✓ Do not submit this attachment form for review without its corresponding residuals program
application form (FORM: NDRLAP, and FORM: LASCA).
✓ Any changes to this attachment form will result in the application package teeing returned-
B. Prepare it separate attachment form for each set of lance applientlon sites that are owned by a laiidoimer
and operated by a lessee/operator (i.e., if applicabie) other than the applicant.
✓ A copy of the completed and appropriately executed altaclunent form must be provided to the landowner and
the lessee/operator.
AGREEMENT FOR THE LAND APPLICATION OF RESIDUALS
TO PRIVATELY OWNED LAND APPLICATION SITES
The undersigned landowner or his representative hereby permits:
Applicant's name; _ Waynearcns LLC
Complete inailing address of applicant: P.O, Box 383
City: Dobson State: NC Zip: 27017
Telephone number, ( 336 } 386-8151 Facsimile number: ( 336 } 386-8822
E-mail address: _ bruckic.aslibunt u,way_uedctli.cain_
hereinafter referred to as the Permittee, to lance apply residuals from the following residuals source -
generating facllity(ies) onto the following land application sitc(s) (i.e., see attacked buffer maps) in
accordance with Cite stipulations and restrictions as given in this Agreement:
Site/Field ID
Land Use or
Cropping Patterns
Intended Use or
D15position of Crops
Residuals Source -Generating
Facilities
fescue
Livestock feed
Waylle Farms WWTP (Dobson, NC)
Tile landowner or his renrescrltative receives, In consideration, full use of the nutrient value of tice applied
residuals while the Pennittee 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 tite length of the Division's permit for the residuals land applicatlorz
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,
modules or cancels this Agreement.
FORM: LOAA 090401 Rage I of 3 Attachment Order 3-c
1, STIPULATIONS:
1. The landowner or his representntive shall not enter into any additional waste disposal contracts or agmetttents with
another municipality, contractor, or other permitted entity for the land application siw(s) specified by this Agreement.
The hand application of any additional residuals or waste, other that: tint generated by the residuals source-generathig
facilities specified by tie Division's residuals land application program pcmiit, is prohibited,
2. The existing lessee or operator, if any, of tine land application site(s) agrees, by execution of this Agreement, to comply
With all provisions of this Agreement,
3. Should tie landowner or his representative lease or otherwise permit tho use of the land application site(s) by a tinird
party, the landowner shall be responsible to cnsura that the third party ugrces and complies with the terms and
conditions of this Agreement.
4. This Agreement shall be binding on die grantees, tie successors, and assigns of the parties Hereto with reference to the
subject matter of this Agreement.
5. The laitdnwiter or his representative or successors sluill adhero to the provisions of this Agreement for a period of 18
momtiis from the date of the most recent residuais sand application event,
6. Notification of cdncelleflOn of this Agreement shill be immediately forwarded to NCDENR-DNQ, bind Application
Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636.
7, The Permittee must request and obtain a permil modification from the Division prior to a transfer of the land
application site(s) to a new landowner, The request shall contain the appropriate f6mis Find agreearetats, In addifion,
the current landowner shall give a notice to the new landowner that gives full details of the residuals applied or
incorporated at the laud application sitc(s).
S. The Permittee has provided the landowner or his repmsentntive with infomtation and data concerning tile residuals land
application program, including ati analysts OfCamtStit=itS of the residuals, residuals application methods, schedules for
typical cropping patterns, and a description of the equipment used bythe Penniltee,
9. The Permittee: will provide the landowner ar h€s represetrtntivo with a copy of the residuals land application program
permit that has been most -recently Issued by the Division prior to commencement of tiny residuals land application
event. This permit will specify ninxitnum application rates, limitations, and other restrictions prescribed by the laws
and regulations.
10, The land application site(s) shall be adequately lined to a soil pH of at least 6.0 prior to residuals land application.
Residuals inay be applied to the sites with a phi of less than 6 provided that sufficient amounts of lime is also applied to
achieve a final pH of the soil mixture of at least 6.0, or if an agronomist provides information indicating that the pH of
the soil, residuals, and lime mixture is suited far the specified crop type.
11. The Penmittee will furnish the haudowner or his representative. with it copy of the results of each soil analysis.
12. Within rite limits of the Divisien's residuals land application program permit, the Imidowner or his representative and
the Perinittee will determine residuals application rates and sehedules bused on crop patterns and the results of sell
samples.
13. The landowner or his representative will furnish the Permittee with infonnatien 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
Ai te(s).
14, Tire landowner or his representative will inform the Permittee of any revisions or modifications to the intended use and
cropping nattenis for the land application sitc(s) prior to each planting season to enable die Permittee to amend ;his
Agrecineat and schedule residuals land application events at appropriate periods.
15. Specific residuals land application urea boundaries shall by clearly marked on the land application sitc(s) by the
Permittee nndlor the landowner or his representative prior to and during a residuals land appl'tcatian event.
16. Appropriate measures must be taken by the Perniittee and/or the. landowner or his representative to control public
access to the hind application sites) during active use and for the 12-month period following a residuals land
application event. Such eontrois may include the posting of signs that €ndicatc the activities being conducted at the
sand application sitc(s).
17. Animals shall not be grazed on the hand upplicatiort sitc(s) for a 30-day period following a residuals land application
event. Land application sites that are to be used for grazing shall hive fencing that will be used to prevent access
during these periods after such residuals land application events.
18, Crops for direct hruuan consuniplion shall be harvested in nccordanee with the conditions of the Division's residuals
land application prognsni permit.
19. The landowner or his representative. hereby authorizes the Permittee, local officials, and State officials or their
representatives to Inspect the land application site{s) prior to, during, and nNr any residuals land application evert and
to established monitoring facilities on or near the land application site(s) as required by the residuals laud application
program pennit.
20. Any duty authorized officer, eniployee, or representalivo of tile Division inuy, upon presentation of credentials, titter
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 tho Division's residuals land application prognun permit; inay inspect or copy
any records that must be kept under the terms and conditions of this perinit; or may obtain samples of groundwater,
surface water, or Ieachatc.
V. The landowner or his representative authorizes die Pcrn€tree, local officials, and State officials or their representatives
to take necessary soil, sur%cc water, and groundwater samples during the teen of, and for 12 months after termination
of, this Agreement.
FORM; LOAA 090401 Page 2 of 3 Atlaclwtent Order 3-c
H. ALTERNATIVES FOR WATER SUPPLY WELLS INSIDE TITE COMPLIANCE BOUNDARY,
1SA NCAC 02L .0107(d) prohibits water supply wells within file 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
newl"stablished compliance boundary. Please mark one of the following;
® A re -defined compliance boundary is needed for f eld(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 this agreement prior to obtaining any signatures on
this agreement)
❑ Are -defined compliance boundary is not needed for this site.
III. RESTRICTIONS;
Landowner's Certification;
I cortify that I ant it deeded landowner of the above -referenced land epplicalion slte(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 Etta
stipulations, alternatives for water supply wells inside the compliance boundary, and restrictions, and do hereby
grant permission to the Pcnnittee to land apply residuals to the land application site(s) as specified herein,
Landowner name,—;UXr'__'/��°�— — --- --
Landowner address., 135 READV \TdlWr�M Z/b e _ City: %%91,G&`r'/,/�"III �j- State; //6 Zip: - Gl� / 30 �T
...,�.,;. 5lguatrrre;� < �jz (1�o��. Date:
NORTH CAROLINA, � t� r COUNTY
I, the undersigned Notary Public do hereby'certify that !"5 f, � (Jt.ti e _ r\A_4^Ar?
personally appeared before me this day and acknowledged the due execution the forgoing instrument.
WITNESS my hand and official seal this the
day of c ) `t 5^ r:
Signature and seal:�ti+tiz� t t lam, r
My commission expires: rF, �) L rry our ,
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:
Lessee/operator address:
City: State: Zip:
Phone:
Signature: Date:
Perrnittee's Certification;
® I certify that I have react this Agreement and do hereby agree to abide by the stipulations and restrictions as
specified herein.
Signing official name:
Signature; Date:
a * END OF FORM: LOAA `**
FORM: LOAA 090401 Page 3 of 3 Attaciunent Order 3-c
� INAGRO
. ti Rarrdsralr�liruragrs�s Cmrtpusry
LANDOWNER CONSENT FOR BIOSOLIDS APPLICATION
The undersigned hereby agrees to the applicatlon of blosolids by Synagro at application rates In accordance with
applicable laws and regulations, ,}
OWNER NAME:
ADDRESS: % l � V
%��QGLiG 414k, r �iT I.C. �f��l�Lt a'VaL19 _
PHONE: (Y$ ) 32'e-4�a9 S� &4v4 L) % 4Jdkk
OPERATOR NAME: 04"/0c' /
FARM L,OCATI0N(3): 4, Ljd L4eP,
G1�5 �Si -D/ 6
or
TOTAL. ACRES: COUNTY: �Gl�
4. 1 understand taut Synagro will coordinate biosolids defiverieswifh myfarm operator hereinafter (feasee) unless
otherwise advised by me.
2. 1 agree to allow Synagro and federal, state and local regulatorystaff access to my land for the purposes of permitting
the site, inspecting the site, applying biosolids, obtaining samples from the site and testing. I reserve the right to ask
( the above parties for proper Identificatlon at anytime.
3. I understand that the following conditions apply to my land following blosolids applications and that my lessee has
signed an agreement form with Synagro stating that my lessee will be responsible for following these conditions
where applicable:
a. Animals shall not be grazed on the land for 30 days after the application of blosolids. In additfon, anlrnats
Intended for dairy production shall not be allowed to graze on the land for days after the application of
blosolids.
b. Food crops (crops consumed by humans Including but not limited to fruits, vegetables and tobacco) with
harvested parts that touch the bfosolldslsoll mixture and are totally above the land surface shall not be harvested
for months after the application of blosolids.
c. Food craps with harvested parts below the surface of the land shall not be harvested for O months after the
application of blosolids when the blosolids remain on the land surface > 4 months prior to incorporation Into the
soil, or 38 months when the biosalfds remain an the land surface < 4 months prior to incorporation.
d. Food crops, feed crops and fiber crops shall not be harvested for 30 days after application of blosolids.
e. Public access to land with a low potential for public exposure (land the public uses infrequently including but not
limited to agricultural land and forests) shall be restricted for days. Public access to land with a high
potential for public exposure (land the public uses frequently including but not limited to a public contact site such
as parks, playgrounds and gaff courses) shall be restricted for 1 year.
f, Turf grown on land where blosolids are applied shall not be harvested for one year after application of blosolids
when the harvested turf is placed on either land with a high potential for public exposure or a fawn, unless
otherwise specified by the permitting authority.
4. 1 have also read the "information About Blosollds" whtch Is on the reverse side and incorporated by reference in this
Consent.
5. The terra of this Consent shall continue until written notification Is given by either party to terminate this agreement.
6. 1 certify that I am holder of legal title to the above described property or am authorized bythe holder to give consent
for the land application of blosolids and that there are no restrictions to the granting of consent under this form.
—41
OWNER SIGNATURE (If signing as a representative, include title) DATE
Synagro • 6220-A Hackers Bend Court • Winston-Salem, NC 27103. 336-766.0328
SYNLOCNC -2/01 WHITE: Regional Office CANARY: Landowner PINK: Farm Operator
VICINITY MAP
So, SYNAGP
A Roi&mff hia mppesf Comer q
COUNTY OWNER ,n a oP- �_
APPIIICA.TION AREA MAP
R
1
D
SMGR
A Ruidadf Aianage men? Company
Owner ,�d�l� �d�r°��1A,AiucP�
�U�l l� Scale: V = w1wField #
Total Acres �e ,5u"uytq
Net Acres j ,,r ,5'tLj (,,pp
STREAM APPLICATION AREA —
— — — — — PRIVATE ROAD
DRAIN
` HOUSE
FORESTED AREA
CK)
SURFACE «'ATER
❑ ' OUTBUILDING
UNSUITABLE
FENCE
0 WELL
�!
l
(D
STORAGE AREA
Q SOIL DESCRIPTION
SUITABLE FOR
_
INCORPORATION,
PROPERTYLINE
8-I2°/a SLOPE