HomeMy WebLinkAboutWQ0000455_Final Permit_20100316A
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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
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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
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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
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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
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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.
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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.
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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.
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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;
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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.
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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