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HomeMy WebLinkAboutWQ0000455_Final Permit_20100316A � rAk NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Governor T. RUSSELL LEWIS, PRESIDENT LEWIS FARMS OF BURGAW, INC. 6455 PINEY WOODS ROAD WATHA, NORTH CAROLINA 28478-8987 Dear Mr. Lewis: Coleen H. Sullins Director March 16, 2010 Natural Resources Dee Freeman Se.-retary Subject: Permit No. WQ0000455 Lewis Farms of Burgaw, Inc. Lewis Farms Residuals Land Application Program Land Application of Residual Solids Pender County In accordance with your permit modification request received December 16, 2009, we are forwarding herewith Permit No. WQ0000455, dated March 16, 2010, to Lewis Farms of Burgaw, lnc. for the continued operation of the subject land application of residuals solids program. The modification of your permit includes increasing the amount of dry tons per year from the currently permitted 150 to 250 at the approved residual source owned by the House of Raeford Farms Inc. Please note this change is shown on Attachment A of this permit. On August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State," was enacted by the General Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the expiration date of certain government approvals and permits. This permit shall be effective from the date of issuance until May 31, 2017, shall void Permit No. WQ0000455 issued June 9, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Please note that based on estimates of PAN loading rates for the permitted fields (as specified in Condition II.9.a), there may not be sufficient permitted fields in the program to account for unforeseen temporary loss of fields due to high water table, inclement weather, loss of crop, or any other event. It is recommended that Lewis Farms re-evaluate the permitted fields and their appropriate PAN loading rates to assure that sufficient operational flexibility exists to properly apply all of the residual sources permitted. AOL'=ER PROTECTION SECT`)A 1635 Mai' Semce Center, Raleign, North Carolina 2769 -1630 Locatbn: 27-: Capital Soubvard Raiexga. North Carolina 27604 n - Phone: 9199-733.3221 1 FAX 1: 919-f 15-0598: FAX 2: 919-715-"00481 Customer Gen. -1_: 1-8+, -023-6748 North Carol im- Intemot: www.ncwatercuality.org krj,' �)pponun�: �fi'�a ; na'ivt�gcponEmplr>�- %trail Mr. Lewis March 16.2010 Page 2 of 2 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must `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, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. Please note that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T — Waste not Discharged to Surface Water was adopted. This permit incorporates the requirement of these rules. Remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted from those in previously issued permits. If you need additional information concerning this matter, please contact Alice M. Wessner at (919) 715-5208 or ahce.wessner@ncdenr.gov. Sincere]),, l Coleen H. Sullins cc: Martin Mabe, S& ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Brunswick County Health Department Carteret County Health Department Craven County Health Department Duplin County Health Department Jones County Health Department New Hanover County Health Department Onslow County Health Department Pamlico County Health Department Pender County Health Department Washington Regional Office, Aquifer Protection Section Wilmington Regional Office, Aquifer Protection Section Permit File #WQ0000455 Notebook File #WQ0000455 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Lewis Farms of Burgaw, Inc. Pender County FOR THE continued operation of a residuals land application program for Lewis Farms of Burgaw, Inc. and consisting of the land application of residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A to the land application sites listed in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant to the permit modification application package received on December 16, 2009 and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 2017, shall void Permit No. WQ0000455 issued June 5. 2009, and shall be subject to the following specified conditions and limitations: I. SCHEDULES [please review the entire permit for reporting, monitoring, and other on-going ctivities] No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC 02T .0105{d} requires an updated site map to be submitted with the permit renewal application. U. PERFORMANCE STANDARDS The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program WQ0000445Version 4.1 Shell Version 090204 Page 1 of 16 2. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for land application in accordance with this permit. 3. Only the land application sites listed in the most recently certified Attachment B of this permit are approved for residuals land application. A permit modification application is required for any new land application sites to be added to Attachment B. 4. The pollutant concentrations in any residuals that are land applied to any land application site shall not exceed the following Ceiling Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 5. The pollutant loading rates on any land application site shall not exceed the following Cumulative Pollutant Loading Rates (CPLRs): Parameter CPLR (pounds per acre)' Arsenic 36 Cadmium 34 Copper 1,338 Lead 267 Mercury 15 Molybdenum n/a Nickel 374 Selenium 89 Zinc 2,498 The Permittee shall determine compliance with the cumulative pollutant loading rates using one of the following methods: a. Use site specific analytical data from all historical land application events not otherwise exempted. b. For land on which land application events of residuals has not occurred or for which the data is incomplete, use background concentrations through representative sampling WQ0000445Version 4,1 Shell Version 090204 Page 2 of 16 6. When residuals are land applied under the conditions of this permit, the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. 7. The facilities permitted herein must be constructed and maintained according to the following setbacks. a. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained (all distances in feet): Description of Setback Setback i. Habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 100 u. Property lines 50 iii. Private or public water supply 100 iv. Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) 50 v. Wells with exception to monitoring wells 100 WQ0000445Version 4.1 Shell Version 090204 Page 3 of 16 b. When land applying residuals to any land application site, the follov,,ing setbacks shall be maintained (all distances in feet): * The setback requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Aquifer Protection Section of the appropriate Division's regional office in Attachment B of this permit. WQ0000445Version 4.1 Shell Version 090204 Page 4 of 16 Setback by type of application Surface Surface Application Application by Injection Description of Setback by Vehicle Irrigation Incorporation i. Habitable residence or place of public assembly under separate ownership or not to be maintained as part of thero'ect site 400* 400* 200* ii. Habitable residence or places of public assembly owned by the permittee, the owner of the land, or the lesseeloperator of the land to be maintained as part of the project site 0 200 0 iii. Property lines 50 150 50 iv. Public right of way 50 50 50 v. Private or public water supply source, waters classified as SA or SB, and any Class I or Class II impounded reservoir used as a source of drinking water 100 100 100 vi. Surface Waters (streams — intermittent and perennial, perennial waterbodies, and wetlands), any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment 100 100 50 vii. Surface water diversions (ephemeral streams, waterways, ditches) 25 100 25 viii. Upslope interceptor drains and upslope surface water diversions 10 10 10 ix. Downslope interceptor drains, downslope surface water diversions, downslope groundwater drainage systems, and downslope surface drainage ditches 25 25 25 x. Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 25 100 25 xi. Subsurface groundwater lowering system 0 100 0 xii. Wells with exception to monitoring wells 100 100 100 xiii_Bedrock outcrops 25 25 25 xiv. Top of slope of embankments or cuts of two feet or more in vertical height 15 15 15 xv. Building foundations or basements 0 15 0 xvi. Waterlines 0 10 0 xvii.Swimming pools 100 100 100 xviii. Nitrification fields 0 20 0 * The setback requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Aquifer Protection Section of the appropriate Division's regional office in Attachment B of this permit. WQ0000445Version 4.1 Shell Version 090204 Page 4 of 16 Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. 9. Residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved land application site. Realistic Yield Expectations for crop types and specific fields or soils types shall be determined by using any of the following methods: a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department .of Soil Science. The Department webpage is located at: http:/lnutrients.soil.ncsu. edu iyields' b. Site Specific Historical Data for crop types on specific fields or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. If the RYE cannot be determined using methods 9(a) or (b) above, RYE can be established from specially developed soil interpretation records for Nutrient Management Planning, Farm Service Agency Records, university trials, or inference from crop performance on soil with very similar physical and chemical features. d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above methodology are required parts of many agricultural planning documents. The Permittee may use the RYE and appropriate agronomic rates reported in any of the following documents: i. Crop management pian as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by Senate Bill 1217 Interagency Group- Guidance Document: Chapter 1. Guidance for the completion of the plan can be found at: http://www.enr.state.nc.us/DSWC/Sages/�-ruidance docs.html. iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards, which are available at: $p://ftp-fc.sc.egov.usda. gov.NHQ/practice-standards/standards/590,pdf e. For any crop type for which the RYE and appropriate nitrogen application rate cannot be determined, the Permittee shall contact the Division to determine necessary action. 10. If the land application sites are to be ovcrseeded or doublecropped (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals or corn and small grain both to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. WQ0000445Version 4.I Shell Version 090204 Page 5 of 16 Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee must submit and receive approval by the Division. 11, Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.e., high sodium adsorption ratio (SAR) of ten (10) or higher), the Permittee shall obtain and implement recommendations from the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina4icensed Soil Scientist, or other agronomist regarding sodium application rate, soil amendments (e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site in terns of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. 12. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be located closer to the waste disposal area (provided the groundwater standards can be met at the newly established Compliance Boundary). Any approved relocation of the COMPLIANCE BOUNDARY will be noted in the most recently -certified Attachment B of this permit. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 13. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L ,0106 (d)(1). 14. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 15. The Aquifer Protection Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Aquifer Protection Supervisor shall be made during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at http://wmm,.enr.state.nc.us/litmlireLionaloffices.htmi. M. OPERATION AND MAINTENANCE RE LUEMENTS 1. The residuals land application program shall be effectively maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. WQ0000445Version 4.1 Sbeli Version 090204 Page 6 of 16 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .1110 including operational functions, maintenance schedules, inspection plan, sampling and monitoring plan, safety measures, and a spill response plan. The inspection portion of the plan shall include the following information: a. Names of personal responsible for conducting the inspections b. Description of inspection plan describing how the frequency of inspections and location of inspections are determined to assure that inspections are representative of land application program. c. Description of record keeping requirements meeting requirements of permit Conditions iV.9. d. Description of required actions meeting the requirements of permit Condition IV. 11 to be taken by the inspector in the event that noncompliance is observed during an inspection. The sampling and monitoring portion of the plan shall include the following information: e. Names and position of personnel responsible for conducting the sampling and monitoring; f. Required sampling frequency specified in Attachment B of the permit; g. Detailed description of sampling and monitoring procedures for the collection of representative samples. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event and must be considered when preparing this description.. The sampling plan must account for any foreseen fluctuations in residuals quality, and indicate sampling times accordingly to ensure compliance during the most limiting times (e.g. small facilities that apply multiple times per year, but have an annual sampling frequency may need to sample and document compliance with the pathogen reduction requirements during winter months when pathogen activity is most likely to be negatively affected by cold temperatures). Any modification to the O&M Plan shall be approved by the Division. The most recent 0&M Plan shall be submitted to the Wilmington Regional Office for review and approval. 3. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall cease land applying residuals to the site, contact the Aquifer Protection Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division. 4. Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0201. 5. This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals or the application causes contravention of surface water or groundwater standards and may be revoked unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. WQ0000445Version 4.1 Shell Version 090204 Page 7 of 16 6. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being land applied during the life of this permit. The spill prevention and control plan shall be maintained in all residuals transport and application vehicles. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 9. No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained from the Division. 10. Bulk residuals shall not be applied to the land under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat; b. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100 -year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event; f. During a measurable precipitation event (i.e., x.01" per hour) or within 24 hours following a rainfall ,event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land application measures shall first be approved in writing by the Division; g. if the slope of the land is greater than 10 percent when bulk liquid residuals are surface applied, and if the slope of the land is greater than 18 percent when bulk liquid residuals are injected or incorporated; h. If the pH is not maintained in the soil, residuals, and lime mixture greater than 6.0, on land application sites onto which residuals are applied. Residuals may be applied to the sites provided that sufficient amounts of lime are 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 for the specified crop type. Any approved variations to the acceptable soil pH (6.0) for land application will be noted in the most recently certified Attachment B of this permit. If the land does not have an established vegetative cover in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist, application shall not take place unless the bulk residuals are incorporated within a 24-hour period following the residuals land application event or injected (This requirement does not apply to no -till fields); j. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; WQ0000445Version 4.1 Shell Version 090204 Page 8 of 16 11. For land onto which bulk residuals are applied that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following public access restrictions apply: a. Public access to public contact sites shall be restricted for one calendar year after any residuals land application event. Such controls may include the posting of signs indicating the activities conducted at each site; b. Public access to land that is not a public contact site shall be restricted for 30 days after any residuals land application event. Such controls may include the posting of signs indicating the activities conducted at each site. 12. For land onto which bulk residuals are applied that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following harvesting and grazing restrictions apply: a. Animals shall not be allowed to graze on land application sites for 30 days after any residuals land application event. Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event; b. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after any residuals land application event; Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface{e.g., tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after any residuals land application event; d. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes, carrots, radishes, etc,) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil; e. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil; f. Turf grown on land where residuals are applied shall not be harvested for 12 months after any residuals land application event. 13. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently -certified Attachment B of this permit not owned by the Permittee are in full force and in effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. 14. Upon entering an agreement with landowners to apply residuals to a land application site, the Permittee shall require of the landowner or lessee/operator a statement detailing the volume of nutrient sources (waste residuals, manufactured fertilizers, manures, or other animal waste products) other than the residuals to be applied by the Permittee, that have been applied to the laud, and a copy of the most recent Nutrient Management Plan (NMP), if available, for the fields within the agreement. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient Management Plan. WQ0000445Version 4.1 Shell Version 090204 Page 9 of 16 IV. The NMPs must be provided only for those operations where a NMP is required by the US Department of Agriculture - National Resources Conservation Service (NRCS) or other State Agencies. The Permittee shall rely on the provided information to calculate appropriate reductions in allowable nutrient loading rates. If the calculation shows that the agronomic rates in the NMP (including PAN) have already been met or exceeded on a field, no additional residuals shall be land applied to that field. MONITORING AND REPORTING RE UIREMENTS 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed to demonstrate that they are non hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each source -generating facility listed in the most recently - certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular source -generating facility are insufficient to require a land application event during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in condition N. 10., even in the event that no land application events occur during an entire year, the annual report shall include an explanation for missing sampling data. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) Barium (100.0) Benzene (0.5) Cadmium (1.0) Carbon tetrachloride (0.5) Chlordane (0.03) Chlorobenzene (100.0) Chloroform (6.0) Chromium (5.0) m -Cresol (200.0) o -Cresol (200.0) p -Cresol (200.0) Cresol (200.0) 2,4-D (10.0) WQ0000445Version 4.1 1,4 -Dichlorobenzene (7.5) Nitrobenzene (2.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) 1,1-Dichloroethylene (0.7) Pyridine (5.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Endrin (0.02) Silver (5.0) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Hexachloroethane (3.0) 2,4,5 -Trichlorophenol (400.0) Lead (5.0) 2,4,6 -Trichlorophenol (2.0) Lindane (0.4) 2,4,5 -TP (Silvex) (1.0) Mercury (0.2) Vinyl chloride (0.2) Methoxychlor (10.0) Methyl ethyl ketone (200.0) Sited Version 090204 Page 10 of 16 After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. In no case however, shall the frequency of monitoring be less than once per permit cycle. 3. An analysis small be conducted on residuals generated by each residual source -generating facility listed in the most recently certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include. but shall not necessarily be limited to, the following parameters: Aluminum: Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Sodium Adsorption Ratio (SAR) Magnesium pH Mercury Plant Available Nitrogen (by calculation) Molybdenum Nickel Nitrate -Nitrite Nitrogen Phosphorus Potassium Selenium Sodium % Total Solids TKN Zinc If residuals generated by a particular residuals source -generating facility are insufficient to require a land application event during a required sampling period as specified in. the most recently -certified Attachment A of this permit, the Permitteq shall make up the missed sampling either by taking additional samples during land application events previous to a planned period of inactivity or by taking additional samples during land application events immediately following the period of inactivity. If no land application events occur during a complete calendar year, the Permittee need not make up the missed sampling events for that year. The Permittee shall submit an annual report, as required in condition 1V. 10., even in the event that no land application events occur during an entire year. The annual report shall include an explanation of additional sampling data intended to compensate for periods of inactivity, or an explanation for missing sampling data. After the residuals generated by a particular residuals source -generating facility have been monitored for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. The request must include notification from EPA that a reduced sampling frequency has been approved as required by 40 CFR 503.16(a)(2) . In no case, however, shall the frequency of this monitoring be less than once per year when a residuals land application event occurs during that year. WQ0000445Version 4.1 Shell Version 090204 Page 11 of 16 4. Residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit shall be monitored for compliance with Condition II. 6. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b) or the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met, In addition, the Environmental Protection. Agency (EPA) certification statements concerning compliance with pathogen reduction requirements, vector attraction reduction requirements, and management practices shall be completed at the frequency specified in the most recently -certified Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e., either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition H. 6. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred or is to occur, and the results shall be maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH Zinc Laboratory analyses of parameters as required by Condition N. 1., Condition N. 2., Condition IV. 3., and Condition N, 4. shall be performed/gathered on the residuals as they are to be land applied. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., Condition A. 4., and Condition IV. 5. shall be in accordance with 15A NCAC 02B .0505. Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Method of land application; e. Weather conditions (e.g., sunny, cloudy, raining, etc.); f. Predominant Soil Mapping Unit (e.g., CbB2); g. Soil conditions (e.g., dry, wet, frozen, etc.); h. Type of crop or crops to be grown on field; i. Nitrogen Application Rate based on RYES. WQ0000445Version 4.1 Shelf Version 090204 Page 12 of 16 j. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, wet ton per acre, or kilograms per hectare; k. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, wet tons per acre, or kilograms per hectare (if applicable); 1. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre. dry ton per acre, wet tons per acre, or kilograms per hectare (if applicable); and m. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. 9. All records required as part of this permit shall be retained for a minimum of five years. 10. Three copies of an annual report shall be submitted on or before March I". The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Repo Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.nc.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 11. Noncompliance Notification The Permittee shall report by telephone to the Wilmington Regional Office, telephone number 910- 796-7215, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the land application program; which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to receiving waters. c. Any time that self-monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. Any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside of normal business hours must be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. WQ0000445Version 4.1 Shell Version 090204 Page 13 of 16 Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. V. INSPECTIONS Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation of the subject facilities. 2. Prior to each residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS 1. This permit shall become voidable unless the residuals land application events are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes §143- 215.6A through § 143-215.60. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2T.0105 (e). The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500. WQ0000445Version 4.1 'Shell Version 090204 Page 14 of 16 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. This permit shall not be automatically transferable. In the event that there is a desire for the residuals land application program to change ownership or to change the name of the Permittee, a formai permit request shall be submitted to the Division along with documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the 160' day of March, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Colee�OR. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0000455 WQ000044Wersion 4.1 Shell Version 090204 Page 15 of 16 THIS PAGE BLANK WQ0000445Version 4.1 Shell Version 090204 Page 16 of 16 ATTACHMENT A - Approved Residual Sources Permit Number: WQ0000455 Version: 4.1 Lewis Farms of Burgaw, Inc. — Lewis Farms Residuals Land Application Program Certification Date: 03/16/10 WQ0000455 Version 4.1 Attachment A Page I of 4 Monitoring Frequency for Maxinlurn Monitoring Condition IV.3. Approved Permit . Issued Is Dry Tolls Frequency for and Condition Mineralization Owner Facility Name County Number By 5037 Per Year Condition IV.2. IVA. e Rate Beacham's Beacham Associates, Apartments # 1 Ltd. WWTP Onslow NCO028223 DWQ 503 10.0 Not Required See Footnote" 0.30 Beachain's Beacham Associates, Apartments # 2 Ltd. WWTP Onslow NCO028215 DWQ 503 10.0 Not Required See Footnote" 0.30 Bowden Nursing Hermitage House New 1101ne, Inc. Rest Horne WWTP Hanover NCO051969 DWQ 503 5.0 Not Required See Footnote' 0.30 C & P Enterprises, Ocean Bay Villas & Inc. Ocean Glen Condos Carteret W 0003067 DWQ 503 5.0 Not Required See Footnote" 0.30 Cainp Don Lee — Arapahoe WWTP Carnp Don Lee De . Pamlico WQ0014550 DWQ 503 3.5 Not Required See Footnote" 0.30 Cape Fear Public Walnut Hills New Utility Authori WWTP Hanover NCO039527 DWQ 503 10.0 Not Required See Footnote' 0.30 Castle Hayne NC Elernents Chrornnlm, Manufacturing New LP Plant WWTP Hanover NCO003875 DWQ 503 2.5 Not Required See Footnote" 0.30 Hampstead Pines Homeowners Hampstead Pines Association WWTP Pender WQ0022052 DWQ 503 3.0 Not Required See Footnote' 0.30 House or Raeford House of Raeford Farms, Inc. Farms, Inc. Duplin NCO003344 DWQ 503 2.50.0 1 Annually Annually! 0.40 Webb Apartments Morton, Cecil C. WWTP Onslow NCO023825 DWQ 503 5.0 Not Required See Footnote' 0.30 Onslow Water & Sewer Authority Kenwood WWTP Onslow NCO030813 DWQ 503 20.0 Once per erfnit See Footnote' 0.30 WQ0000455 Version 4.1 Attachment A Page I of 4 WQ0000455 Version 4.1 Attachment A Page 2 of 4 Monitoring Frequency for Maximum Monitoring Condition JV -3. Approved Permit Issued Is Dry Tons Frequency for and Condition Mineralization Owner Facility Name County Number By 503? Per Year Condition IV.2. 1VA. m Rate Onslow Water & Sewer Authority Richlands WWTP Onslow NCO023230 DWQ 503 10.0 Once per permit See Footnote" 0.30 Onslow Water & Springdale Acres Sewer Authori WWTP Onslow NCO057053 DWQ 503 10.0 Not Required See footnote' 0.30 Onslow Water & Sewer Authority Swansboro WWTF Onslow W 0023261 DWQ 503 10.0 Once per permit See Footnote' 0.30 Pender County Board Pender High School of Education WWTP Pender NCO042251 DWQ 503 15.0 Not Required See Footnote" 0.30 Pender County Board Topsail High of Education School WWTP Pender WQ0032930 DWQ 503 4.0 Not Required See Footnote" 0.30 Peppertree Atlantic Beach Owner's Peppertree Resort - Association, Inc. Atlantic Beach Carteret WQ0011313 DWQ 503 5.0 Not Required See Footnote" 0.30 Queens Grant New DEH/ Queens Grant WWTP Hanover 487039 Local 503 5.0 Not Required See Footnote' 0.30 Serenity Point Condo Serenity Point Association WWTP Pender WQ0005639 DWQ 503 5.0 Not Required See Footnote" 0.30 Sherwood Mobile Hoene Park' Sherwood Mobile Association LP Home Park WWTP Onslow NCO022462 DWQ 503 5.0 Not Required See Footnote' 0.30 Taylor Hospital & Taylor Extended Extended Care Care WWTP Carteret NCO047759 DWQ 503 5.0 Not Required See Footnote 0.30 Topsail Greens DEH/ Topsail Greens WWTP Pender N/A Local 503 10.0 Not Required See Footnote 0.30 Town of Bur aw Bur aw WWTP Pender NCO021 I 13 DWQ 503 120.0 Annually See Footnote' 0.30 Town ofBeulaville Beulaville WWTP Duplin NCO026018 DWQ 503 50.0 Once per permit See Footnote" 0.30 Town of Bridgeton Bridgeton WWTP Pender NCO074837 DWQ 503 20.0 Once per pennit See Footnote" 0.30 Town of Morehead Morehead City City WWTP Carteret NCO02661 I DWQ 503 300.0 Annually See Footnote" 0.30 Town of River Bend River Bend WWTP Craven NCO030406 DWQ 503 10.0 Once per ennit See Footnote" 0.30 Town of Trenton Trenton WWTP Jones NCO021342 I DWQ 503 10.0 Once per permit See Footnote" 0.30 WQ0000455 Version 4.1 Attachment A Page 2 of 4 A Monitoring frequencies are based on the actual dry tons applied per year, unless specified. The Monitoring Frequency Requirements Table below shall be used to determine appropriate sampling frequency to comply with the requirements of Condition IV.3, and shall be monitored every Ilaal event to comply with the requirements of Condition IVA. The Permittee is responsible for managing program to assure that adequate sampling is performed. h Provided that the residuals from this residuals source -generating facility are not mixed 1xith any other residuals authorized by this permit, this facility shall be exempt from complying with the performance standards stipulated in Condition 11.6., as well as the monitoring and reporting requirements stipulated in Condition IVA- Monitoring Frequency Requirements Dry Tons Generated (short tons per year) Monitoring Frequency (Established in 40 CFR 503 and 15A NCAC 02T .111 <319 I/Year =>319 - <1.650 l/ Quarter (4 times per ear) =>1,650 - <16,500 1/60 Days (6 times per ear Monitoring I /month (12 times per year) Frequency for Maximum Monitoring Condition IV.3_ Approved Permit Issued Is Dry Tons Frequency for and Condition Mineralization Owner Facility Name County Number By 1503? Per Year Condition IV.2. 1VA.a Rate Town of Wallace Wallace WWTP Duplin NCO020702 DWQ 503 40,0 Once per permit See Footnote' 0.30 Town of Warsaw Warsaw WWTP Duplin NCO021903 DWQ 503 90.0 Once per permit See Footnote" 0.30 US Marine Corps — Camp Lejeune Le eune Advanced WW1'P Onslow NCO063029 DWQ 503 265.0 AujIually See Footnote" 0.30 —Carnp Village of Bald Head Bald Head Island Island WWTF Brunswick WQ0000193 DWQ 503 10.0 Not Required See Footnote" 0.30 Webb Creek Water & Webb Creek Sewage Inc. WWTP Onslow NCO062642 DWQ 503 20.0 Not Required See Footnote" 0.30 Worsley Operating New Corporation Scotchman #303 Hanover NCO065307 DWQ 503 1.0 Not Required See Footnote" 0.30 Total 1 1 1,344.0 A Monitoring frequencies are based on the actual dry tons applied per year, unless specified. The Monitoring Frequency Requirements Table below shall be used to determine appropriate sampling frequency to comply with the requirements of Condition IV.3, and shall be monitored every Ilaal event to comply with the requirements of Condition IVA. The Permittee is responsible for managing program to assure that adequate sampling is performed. h Provided that the residuals from this residuals source -generating facility are not mixed 1xith any other residuals authorized by this permit, this facility shall be exempt from complying with the performance standards stipulated in Condition 11.6., as well as the monitoring and reporting requirements stipulated in Condition IVA- Monitoring Frequency Requirements Dry Tons Generated (short tons per year) Monitoring Frequency (Established in 40 CFR 503 and 15A NCAC 02T .111 <319 I/Year =>319 - <1.650 l/ Quarter (4 times per ear) =>1,650 - <16,500 1/60 Days (6 times per ear => 16,500 I /month (12 times per year) WQ0000455 Version 4.l Attachment A Page 3 of THIS PAGE BLANK WQ0000455 Version 4.I Attachment A Page 4 of 4 ATTACHMENT B - APPROVED LAND APPLICATION SITES Permit Number: WQ0000455 Version: 4.1 Lewis Farms of Burgas, Inc. — Lewis Farms Residuals Land Application Program Certification Date: 03/16110 .Field/ Site Owner lessee eo��t�ty Latitude Longitude Net Acreage Dominant Soil Series JJ01 Joseph J. Smith, Jr. Z'. Russell Lewis Pender 34027'35'' 78"38'12" 48.E Leon LnA JJ02 Joseph J. Smith, Jr. T. Russell Lewis Pender 34"27'19" 77050'27" 9.1 Leon — LnA 1101 '1'. Russell Lewis Pender 34°34'44" 78°03'29" 5.1 Goldsboro — GoA L02 T. Russell Lewis Pender 34"34'40" 78°03'33" 14.3 Goldsboro — GoA L03 T. Russell Lewis Pender 34034136" 78°03'38" 18.9 Goldsboro — GoA L04 "1'. Russell Lewis Pender 34°34'33" 78"03'43" 24.5 Goldsboro — GoA L05 T. Russell Lewis Pender 34°34'30" 78"03'44" 23.3 Goldsboro — GoA L06 T. Russell Lewis fender 34034'32" 78003'19" 5.8 Goldsboro — GoA L07 T. Russell Lewis Pender 34°34'29" 78°03'23" 8.1 Goldsboro — GoA L08 T. Russell Lewis Peatder 34°34'23" 78°03'59" 31.8 Grantham — Gr 1109 T. Russell Lewis Pender 34°34'21" 78"03'42" 36.7 Goldsboro — GoA L I 0 T. Russell Lewis Pender 34°34'24'' 78°03'27" I4.2 Norfolk — NoA W01 `I'. Russell Lewis Pender 34"34'15" 78°03'57" 35.6 Grantham — Gr W02 1'. Russell Lewis Pender 34"34'08" 78°03'56" 39.2 Grantham — Gr W03 T. Russell Lewis Pender , 34"34'02" 78°03'59" 24.2 Woodiugton — Wo W04 T. Russell Lewis Pender 34°33'58" 78°03'55" 12.5 Woodingion — Wo Total 351.4 WQ0000445 Version 4, f Attachinent B rage I of 2 WQ0000445 Version 4.1 THIS PAGE BLANK Attachment 13 Page 2 of 2