HomeMy WebLinkAboutWQ0000455_Final Permit_20120202eaa
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Wesley Wooten — President
Lewis Farms and Liquid Waste, hie.
8155 Malpass Corner .
Currie, North Carolina 28435
Dear Mr. Wooten:
Charles Wakild, P. E.
. Director
February 2, 2012
Dee Freeman
Secretary
Subject: Permit No. WQ0000455
Lewis Farms and Liquid Waste, Inc.
Land Application of Class B
Residuals (Non -Dedicated)
Pender County
In accordance with your permit change of ownership request received December 2, 2011, we are
forwarding herewith Permit No. WQ0000455, dated February 2, 2012, to Lewis Farms and Liquid Waste,
Inc. for the continued operation of the subject residuals management program. Please note the Permittee
has been changed from Lewis Farms of Burgaw, Inc. to Lewis Farms and Liquid Waste, Inc.
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 pennits.. In addition, Session Law 2010-177
extended the Act by another .year. Permit No. WQ0000455 falls within the scope of this Act and is
therefore being extended until May 31, 2018. A renewal application must still be submitted six months in
advance of the extended expiration date.
This permit shall be effective from the date of issuance until May 31, 2018, shall void Permit No.
WQ000455 issued March 16, 2010, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements listed in Attachment A for they
may differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
Please note the following updates since the last permit issuance:
Permit conditions have been updated to be consistent with current template language and 15A
NCAC 02T. 1100.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh; North Carolina 27699-1636
Location: 512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: 919-807-64641 FAX 919-807-6496 NorthCarolina
Internet: http://Portal.ncdenr.oralweb/walaos
An Equal Opportunity i Aftirmaltve Action Employer
f
Mr. Wesley Wooten
February 2, 2012
Page 2 of 2
this permit. This request shall be in the. form of a written petition, conforming to Chapter 150B of the j
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail C
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and _
binding.
If you need additional information concerning this matter, please contact Lori Montgomery at
(919) 807-6336 or Lori.Montgomery@ncdenr.gov.
Sincerely,
/harJWakild, P. E.
cc: Pender County Health Department
Wilmington Regional Office, Aquifer Protection Section
Permit File WQ0000455
Notebook File WQ0000455
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 and Liquid Waste, Inc®
Pender County
�11
continued operation of a residuals management program for Lewis Farms and Liquid Waste, Inc. and
consisting of the land application of Class B residuals generated by the approved facilities listed in
Attachment A to the approved sites listed in Attachment B with no discharge of wastes to surface waters,
pursuant to the application received December 2, 2011, and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit. The use and disposal of
residuals are regulated under Title 40Code of Federal Regulations Part 503. This permit does not exempt
the Permittee from complying with the federal regulations.
This permit shall be effective from the date of issuance until May 31, 2018, shall void Permit No.
WQ0000455 issued March 16, 2010, and shall be subject to the following specified conditions and
limitations:
1. 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 Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
1. The subject residuals management program shall be effectively maintained and operated at all times
so there is no discharge to surface waters, nor any contravention of groundwater or surface water
standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance
conditions due to improper operation and maintenance, the Permittee shall immediately cease land
applying residuals to the site, contact the Wilmington Regional Office's Aquifer Protection Section
supervisor, and take any immediate corrective actions.
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2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
3. Only residuals generated by the facilities listed in Attachment A are approved for land application in
accordance with this permit.
4. Only the sites listed in Attachment B are approved for residuals land application.
5. Pollutant concentrations in residuals applied to land application sites .listed in Attachment B shall not
exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant
Loading Rates (CPLRs):
Parameter
Ceiling Concentration
(milligrams per kilogram).
CPLR
(pounds per acre)
Arsenic
75
36 1.
Cadmium
85
34
Copper
4,300
1,338
Lead
840
267
Mercury
57
15 -
Molybdenum
75
n/a
Nickel
420
374
Selenium
100
89
Zinc
7,500
2,498
The Permittee shall determine compliance with the CPLRs using one of the following methods:
a.__B-y._calculating=the=existing=cumulat veSeve1_of_pollutants using_actuaLanal-ytical_data .from_all._.______._-
historical land application events of residuals, or
b. For land where residuals . application have not occurred or for which the required data is
incomplete, by determining background concentrations through representative soil sampling.
6. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC
02T .1106 (a) and (c). Exceptions to this requirement shall be specified in Attachment A.
7. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing
wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A)
that are land applied shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T
.1107(a). Exceptions to this requirement shall be specified in Attachment A.
8. Setbacks for treatment and storage facilities shall be as follows:
Setback Description
Setback
feet
Habitable residence or place of public assembly under separate ownership or not
100
to be maintained as art of the project site
Property lines
50
Private or public water supply
100
Surface waters (streams - intermittent and perennial, perennial waterbodies, and
wetlands
50
Wells with exception to monitoring wells,
100
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9. Setbacks for land application sites shall be as follows:
*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.
10. Land application areas shall be clearly marked on each site prior to and during any residuals
application event.
W00000411 VP.rCinn 4 4 Shell Version 111027 Pam 3 of 12
Setback by application type
(feet)
Setback Description
Vehicular
Irrigation
Surface
Surface
Infection /
Application
Application
Incorporation
Habitable residence or place of public assembly
under separate ownership or not to be maintained as
400
400
200
art of the project site
Habitable residence or places of public assembly
owned by the Permittee, the owner of the land, or the
0
200
0
lessee/operator of the land to be maintained as part
of the project site
Property lines
50
150
50
Public right of way
50
50
50
Private or public water supply
100
100
100
Surface waters (streams — intermittent and perennial,
100
100
50
perennial waterbodies, and wetlands)
Surface water diversions (ephemeral streams,
25
100
25
waterways, ditches)
Groundwater lowering ditches (where the bottom of
25
100
25
the ditch intersects the SHWT)
Subsurface groundwater lowering system
0
100
0
Wells with exception to monitoring wells
100
100
100
Bedrock outcrops
25
25
25
Top of slope of embankments or cuts of two feet or
15
15
l5
more in vertical height
Building foundations or basements
0
15
0
Water lines
0
10
0
Swimming pools
100
100
100
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.
10. Land application areas shall be clearly marked on each site prior to and during any residuals
application event.
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11. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in
-1 n „„ t i t I C i ,
StiC�C.ali' C u�' 11611ll C�Ltc:s. . _pp iipriatC 41�:U i; ,tl i-a"C;s be l i L . �' ,1:i g
Nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the
following methods:
a. Division's pre -approved site specific historical data for specific crop or soil types by calculating
the mean of the best three yields of the last five consecutive crop harvests for each field.
b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina
State University Department of Soil Science (hllp://www.soil.ncsu.edu/programs/mnp/yieldsn. A
copy shall be kept on file and reprinted every five years in accordance with Condition IV. 11.
c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE
and appropriate nutrient application rates reported in any of the following documents:
i. Crop management plan 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 the Senate Bill 1217 Interagency Group - Guidance
Document: Chapter I(ht[p://www.enr.state.nc.us/DSWC/pages/guiddnoe docs.html).
iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation
Services (MRCS). These plans must meet the USDA -MRCS 590 Nutrient Management
Standards (ftp://ftp-fe.sc.egov.usda.gov/NHQ/practice-standards/standards/590.pdf .
d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall
contact the Division to determine necessary action.
12. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by
25% in accordance with the USDA -MRCS 590 Nutrient Management Standards.
- 1371f-1aA-a Zicat on sites are -to beovef—seeded-or-double=cro ed --e- ,-berulada= - ass=iwtlie=summet--- - -------=
p1' -- — PP � •g�� �'
anal lye grass in the winter with both crops to receive residuals), then the second crop can receive an
application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may
be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted
for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied.
14. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the
Permittee shall obtain and implement recommendations from at least one of the following: the local
Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural
Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The
recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a
mechanism for maintaining site. integrity and conditions conducive to crop growth. The Permittee
shall maintain written records of these recommendations and details of their implementation.
15. The compliance boundary for residual land application sites shall be specified in accordance with
15A NCAC 02L .0107(b). These sites were individually permitted on or after. December 30, 1983;
therefore, the compliance boundary is established at either 250 feet from the residual land application
area, or 50 feet within the property boundary, whichever is closest to the residual land application
area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to
remediation action according to 15A NCAC 02L .0106(4)(2) as well as enforcement actions in
accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved
relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B.
16. In accordance with 15A NCAC 02L .0 108, the review boundary shall be established midway between
the compliance boundary and the residual land application area. Any exceedance of groundwater
standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106.
W00000431 Version 4.4 Shell Version 111027 Pape 4 of 12
1. The residuals management program shall be properly maintained and operated at all times. The
program shall be effectively maintained and operated as a non -discharge system to prevent any
contravention of surface water or groundwater standards.
2. The. Wilmington Regional Office, telephone number (910) 796-7215, and the appropriate local
government official (i.e., county manager, city manager, or health director) shall be notified at least
48 hours prior to the initial residuals land application to any new land application site. Notification to
the Aquifer Protection Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on
Monday through Friday, excluding State Holidays.
3. The Wilmington Regional Office shall be notified via email or telephone, (910) 796-7215, at least 24
hours prior to conducting any land application activity. Such notification shall indicate, at a
minimum, the anticipated application times, field IDs, and location of land application activities. If it
becomes necessary to apply to additional fields due to unforeseen events, the Regional Office shall be
notified prior to commencing the application to those fields.
4. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to
15A NCAC 02T .1110. Modifications to the O&M Plan shall be approved by the Division prior to
utilization of the new plan. The O&M Plan, at the minimum, shall include:
a) Operational functions;
b) Maintenance schedules;
c) Safety measures;
d) Spill response plan;
e) Inspection plan including the following information:
i. Names and/or titles of personnel responsible for conducting the inspections;
ii. Frequency and location of inspections, including those to be conducted by the ORC, and
procedures to assure that the selected location(s) and inspection frequency are representative
of the residuals management program;
iii. Detailed description of inspection procedures including record keeping and actions to be
taken by the inspector in the event that noncompliance is observed pursuant to the
noncompliance notification requirements under the monitoring and reporting section of the
permit;
f) Sampling and monitoring plan including the following information:
i. Names and/or titles of personnel responsible for conducting the sampling and monitoring;
ii. Detailed description of monitoring procedures including parameters to be monitored;
iii. Sampling frequency and procedures to assure that representative samples are being collected.
Fluctuation in temperature, flow, and other operating conditions can affect the quality of the
residuals gathered during a particular sampling event. The sampling plan shall account for
any foreseen fluctuations in residuals quality and indicate the most limiting times for
residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that
land apply multiple times per year but have an annual sampling frequency, may need to
sample during winter months when pathogen reduction is most likely to be negatively
affected by cold temperatures).
W00000411 VPr-,in„ 4 4 Shell Version 111027 Paee 5 of 12
Upon the Water Pollution Control. System Operators Certification Commission's (WPCSOCC)
�i : 5i LCali0ll UL the Tui.illi y, Ili,,; I'cnniuo.; shLL11 cinpluy ._ Viil Ic'li Ui)l ( liUi' IL,
responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with <<'
15A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A �..
NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III.
4.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information
regarding classification and designation requirements, please contact the Division of Water Quality's
Technical Assistance & Certification Unit at (919) 733-0026.
6. When the Permittee land applies bulls residuals, a copy of this permit and a copy of O&M Plan shall
be maintained at the land application sites during land application activities.
7. When the Permittee transports or land applies bulls residuals, the spill control provisions shall be
maintained in all residuals transport and application vehicles.
8. Residuals shall not be stored at any land application site, unless written approval has been requested
and received from the Division.
9. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind
erosion and surface runoff from conveying residuals from the land application sites onto adjacent
properties or into surface waters.
10. When the Permittee land applies bulls residuals, a suitable vegetative cover shall be maintained on
land application sites onto which residuals are applied 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 an agronomist and as approved by the
Division.
11. Bulls residuals shall not be land applied under the following conditions:
pP g
--------- ---lf--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 a residuals land application event;
f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours
following a rainfall event of 0.5 inches or greater in a 24-hour period;
g. If the slope is greater than 10% for surfaceapplied liquid residuals, or if the slope is greater than
18% for injected or incorporated bulls liquid residuals;
h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to
achieve a final soil pH of at least 6.0, or if an agronomist provides information indicating that the
pH of the soil, residuals and lime mixture is., suitable for the specified crop. Any approved
variations to the acceptable soil pH (6.0) will be noted in this permit;
i. If the land does not have an established vegetative cover unless the residuals are incorporated or
injected within a 24-hour period following a residuals land application event. Any field that is in
a USDA no -till program shall be exempted from meeting this vegetative cover requirement;
j. If, the vertical separation between the seasonal high water table and the depth of residuals
application is less than one foot;
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k. If the vertical separation 'of bedrock and the depth of residuals application is, less than one foot;
1. Application exceeds agronomic rates.
12. The following public access restrictions apply to residual land application sites when residuals
applied to not meet the Class A Pathogen Reduction Requirements in 15A NCAC 02T .1106(b):
a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted
for 365 days after a residuals land application event;
b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land
application event.
13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g.,
1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and
contact information, including the Permittee or applicator's telephone number. Signs shall be posted
in a clearly visible and conspicuous manner at the entrance to each land application site during a land
application event, and for as long as the public access restrictions required under 111.12 apply.
14. The following harvesting and grazing. restrictions apply to residual land application sites when .
residuals applied do not meet the Class A Pathogen Reduction Requirements in 15A NCAC 02T
.1106(b):
Harvesting and Grazing Description
Restricted
Duration
Animals shall not be allowed to graze during land application activities and
restricted period. Sites that are to be used for grazing shall have fencing to
30 days
prevent access after each land application event.
Food crops, feed crops and fiber crops shall not be hat vested for:
30 days
Turf grown on land where residuals have been applied shall not be harvested for:
12 months
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.)
14 months
shall not be harvested for:
When the residuals remain on the land surface for four months or longer prior to
incorporation into the soil, food crops with harvested parts below the land
20 months
surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be
harvested for:
When the residuals remain on the land surface for less than four months prior to
incorporation into the soil, food crops with harvested parts below the land
38 months
surface shall not be harvested for:
15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume
of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that
have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for
those operations where a NMP is required by the US Department of Agriculture — National Resources
Conservation Service (MRCS) or other State Agencies. The Permittee shall calculate allowable
nutrient loading rates based on the provided information and use appropriate reductions.
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.
16. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA)
between the Permittee and landowners or lessees/operators of the land application site is in full force
and effect. These agreements shall be considered expired concurrent with the permit expiration date,
and shall be renewed during the permit renewal process.
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IV., MONITORING AND. REPORTING REQU REM ENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface, water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sample reporting schedule shall be followed.
2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation
and Recovery Act (R.CRA). The analyses [corrosivity, ignitability, reactivity, and toxicity
characteristic leaching procedure (TCLP)] shall be performed at the frequency specified in
Attachment A, and the Permittee shall maintain these results for a minimum of five years. Any
exceptions from the requirements in this condition shall be specified in Attachment A.
The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter
is in parentheses):
Arsenic (5.0)
1,4 -Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
l,l-Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide)
0.008
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5 -Trichlorophenol (400.0)
2,4,6 -Trichlorophenol (2 0)
o -Cresol (200.0)
Lindane (0.4)
2,4,5 -TP (Silvex) (1.0)
p -Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
Once the residuals have been monitored for two years at the, frequency specified in Attachment A,
the Permittee -may submit a permit modification request to reduce the frequency of this monitoring
requirement. In no case shall the monitoring frequency be less than once per permit cycle.
W00000431 Version 4.4 Shell Version 111027 Paae 8 of 12
3.. An analysis shall be conducted on residuals from each source generating facility at the. frequency
specified in Atiaclunient A, and the Permittee shall maintain the results for a minimum oflive years.
The anal sis shall include the foil wing arameters:
Aluminum
Mercury
Potassium
Ammonia -Nitrogen
Molybdenum
Selenium
Arsenic
Nickel
Sodium
Cadmium
Nitrate -Nitrite Nitrogen
Sodium Adsorption Ratio
(SAR)
Calcium
Percent Total Solids
TKN
Copper
pH
Zinc
Lead
Phosphorus
Magnesium
Plant Available. Nitrogen
(by calculation)
4. Residuals - shall be monitored for compliance with pathogen and vector attraction reduction
requirements at the frequency specified in Attachment A, and at the time indicated in the sampling
and monitoring sections of the approved O&M plan. The required data shall be specific to the
stabilization process utilized, and sufficient to demonstrate 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) [(b)—>CLASS A; (b)(2)-4CLASS A NON -
BIOLOGICAL; (c)—CLASS B] and one vector attraction reduction requirement in 15A NCAC
02T, 1107 (a) shall be met. Any exceptions from the requirements in this condition shall be specified
in Attachment A.
5. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each land application site listed in Attachment B on which a residuals land application event will
occur in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil
Sampling" located in the Sampling Instructions section of the NC Department of. Agriculture &
Consumer Services' website (http;//www.ncagr.gov/agronomi/pubs.htm). The Permittee shall
maintain these results and a description of the sampling methodologies used to determine soil fertility
for a period of no less than five years, and shall be made available to the Division upon request. At a
minimum, the Standard" Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
6. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall
be in accordance with the monitoring requirements in 15A NCAC 02B .0505.
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7. The .Permittee shall maintain records tracking all residual land application events. At a minimum,
u ic'�uCU Sinal illClLIJIU iJ]C l)IiUb1'ill :
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. Approximate areas applied to (acres);
e. Method of land application;
f. Weather conditions (e.g., sunny, cloudy, raining, etc.);
g. Predominant Soil Mapping Unit (e.g., CbB2);
h. Soil conditions (e.g., dry, wet, frozen, etc.);
i. Type of crop or crops to be grown on field;
j. Nitrogen Application Rate based on RYES (if using data obtained from the North Carolina State -
University Department of Soil Science Website, the printout page shall be kept on file and
reprinted every five years);
k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet
ton per acre;
1. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or
wet tons per acre;
in. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per
acre, or wet tons per acre; and
n. 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_incJude, 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.
8. 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 Reporting
Forms. Instructions for reporting and annual report forms are available at
httn://portal.ncdenr.org/web/wq/aps/lau/reporting, or can be obtained by contacting the Land
Application Unit directly. The annual report shall be submitted to the following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
WO0000431 Version 4.4 Shell Version 111027 Pap -e 10 of 12
9. Noncompliance Notification
The Permittee shall report by telephone to the Wilmington. Regional Office, .telephone number (9 10)
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 resulting in the land application of significant
amounts of wastes that are abnormal in quantity or characteristic.
b. Any failure of the land application program resulting in a release of material to surface waters.
c. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of
adequate residual treatment.
e. Any spill or discharge from a vehicle or piping system during residuals transportation.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
be taken to ensure that the problem does not recur.
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
subject facilities and shall be uz accordance with the approved O&M Plan.
2. Prior to each bulls residuals land application event, the Permittee or his designee shall inspect the
residuals storage, transport and application facilities to prevent malfunctions, facility deterioration
and operator errors resulting in discharges, which may cause the release of wastes to the
environment, a threat to human health or a public nuisance. The Permittee shall maintain an
inspection log that includes, at a minimum, the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log
for a period of five years from the date of inspection, and this log shall be made available to the
Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the land application sites or facilities permitted herein
at any reasonable time for the purpose of determining compliance with this permit; may inspect or
copy any records required to be maintained under the terns and conditions of this permit; and may
collect groundwater, surface water or leachate samples.
VI. GENE' AL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the residuals land application events are not carried out in
accordance with the conditions of this permit.
W(1OOMAI 1 Varcinn d 4 Shell Version 111027 Pace 11 of 12
3. This permit is effective. only with respect to the nature and volume of residuals described in the
1iCi1111� uOi)ilCuiiOii IMG Uii1C'C :iLli)1+J1'ilti� Civv�iii;Ciltdill?li.
4. 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 jurisdictional government agencies _
(e.g., local, state, and federal). 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 NCGO10000; any requirements pertaining to wetlands under
15A NCAC 02B..0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
5. In the event the. residuals program changes ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate documentation from the parties involved and other
supporting documentation as necessary. The Permittee of record shall remain fully responsible for
maintaining and operating the residuals program permitted herein until a permit is issued to the new
owner.
6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110.
7. Unless the Division Director grants a variance, expansion of the permitted residuals program
contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC
02T .0120(b).
8. The Permittee shall pay the annual fee within. 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
— ------Pertt it=issned thisthe=2nd day ofFebruary--20=12== — ---- ------------ ---------------._
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
i
rrlie s 'ld,P. E., Director
f Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0000455 .
W00000431 Version 4.4 Shell Version 111027 Paae 12 of 12
ATTACHMENT A - Approved Residual Sources
Lewis Farms and Liquid Waste, Inc.
Certification Date: February'-", 2012
Permit Number: WQ0000455 Versin 11: 4.4
Page 1 of 3
Maximum
Monitoring
Monitoring
Monitoring
Frequency for
Approved
Permit
Biological
Frequency for Non-
Frequency for
Owner
Facility Name
County
Number
Residuals
Dry Tons
hazardous
Metals and
pathogen &
Mineralization
Per earl
Characteristics 2
Nutrients 315
Vector Attraction
Rare
Reductions 4, s, 6
Beacham Associates Ltd
Beacham Apartments #1 WWTP
Onslow
NCO028223
Yes
10.0
Not Required
Annually
Annually
.3
Beacham Associates Ltd
Beacham Apartments #2 WWTP
Onslow
NCO028215
Yes
10.0
Not Required
Annually
Annually
.3Q
C & P Enterprises Inc
Ocean Bay Villas & Ocean Glen
Carteret
WQQ003067
Yes
5.0
Not Required
Annually
Annually
30
Condos
Camp Don Lee
Camp Don Lee -Arapahoe
Pamlico
WQ0014550
Yes
3.5
Not Required
Annually
Annually
.3i)
WWTP De
Cape Fear Public Utility
Walnut Hills WWTP
New
NCO039527
Yes
10.0
Not Required
Annually
Annually
.30
Authority
Hanover
Carteret County General
Taylor Extended Care WWTP
Carteret
NCO047759
Yes
5.0
Not Required
Annually
Annually
.30
Hospital Corporation
Castle Hayne Health Investors
Hermitage House Rest Home
New
NCO051969
Yes
5.0
Not Required
Annually
Annually
.30
LLC
WWTP
Hanover
Commanding Officer US
Camp Lejeune Advanced
Onslow
NCO063029
Yes
265.0
Annually
Annually
Annually
.3n
Marine Corps - Camp Lejeune
WWTP
Elementis Chromium Inc
Castle Hayne Plant
I New
Hanover
NC0003875
Yes
2.5
Not Required
Annually
Annually
.30
Hampstead Land Group LLC
Majestic Oaks WWTF
Pender
WQ0030088
Yes
10.0
Not Required
Annually
Annually
.3
Hampstead Pines
Hampstead Pines WWTP
Pender
WQ0022052
Yes
3.0
Not Required
Annually
Annually
.3()
Homeowners Association,
House of Raeford Farms Inc
Wallace Chicken Processing
Duplin
NC0003344
Yes
250.0
See Permit
Annually
Annually 6
.40
Plant
Morton, Cecil C.
Webb Apartments WWTP
Onslow
NCO023825
Yes
5.0
Not Required
Annually
Annually
.3+..
Onslow Water and Sewer
Authority
Kenwood WWTP
Onslow
NCO030813
Yes
20.0
Once per permit
Annually
Annually
.30
Onslow Water and Sewer
Authority
Richlands WWTP
Onslow
NC0023230
Yes
10.0
Once per permit
Annually
Annually
.3U
Onslow Water and Sewer
Authority
Springdale Acres WWTP
Onslow
NCO057053
Yes
10.0
Not Required
Annually
Annually
.3f)
Onslow Water and Sewer
Authority
Swansboro WWTF
Onslow
WQ0023261
Yes
10.0
Once per permit
Annually
Annually
.3c
Pender County Schools/Board
New Topsail School Complex .
of Education
WWTF
Pender
WQ0032930
Yes
4.0
Not Required
Annually
Annually
.30
Pender County Schools/Board
of Education
Pender High School WWTP
Pender
NCO042251
Yes
15.0
Not Required
Annually
Annually
.3+a
Page 1 of 3
ii
i
ATTACHMENT A - Approved Residual Sources - Continued i Certification Date: February 2, 2012
Lewis Farms and Liquid Waste, Inc. Permit Number: WQ0000455 Versi un: 4.4
1. Maximum Dry Tons per Year is -the amount of residuals approved for land application:: 'from each permitted facility.
2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, rea�tivity, and corrosivity) as stipulated under permit Condition IV.2.
3. Testing, of metals and nutrients as stipulated under permit Condition IV.3. �)
4. Analyses of pathogen and vector attraction reductions as stipulated under -permit Condition IVA.
i Page 2 of 3
'Biological
Maximum
Monitoring
Monitoring
Monitoring
Frequency for
Approved
Owner
Facility Name
County
Permit
Number
Residuals
Dry Tons
Frequency for
Non -hazardous
Frequency for
Metals and
Pathogen &
Mineralization
per Year I
Characteristics 2
Nutrients 3,5
Vector Attraction
R;i to .,
Reductions 4, 5, 6
Peppertree Ad Bch Owner's
Peppertree Resort WWTF
Carteret
WQ0011313
Yes
5.0
Not Required
Annually
Annually
0.10
Assoc Inc
Queens Grant
Queens Grant WWTP
New
Hanover
487039
Yes
5.0
Not Required
Annually
Annually
0.30
Serenity Point Condo Assoc
Serenity.Point WWTP
Pender
WQ0005639
( Yes
5.0
Not Required
Annually
Annually
0.30
Sherwood Mobile Home Park
Sherwood Mobile Home
Onslow
NCO022462
Yes
5.0
Not Required
Annually
Annually
0.30
Associates LP
Park WWTP
Topsail Greens
Topsail Greens WWTP
Pender
DEH/LOCAL
Yes
10.0
Not Required
Annually
Annually
0.30
Town of Beulaville
Beulaville WWTP
Duplin
NCO026018 ,!,
Yes
50.0
Once per permit
Annually
Annually
0.30
Town of Bridgeton
Bridgeton WWTP
Craven
NCO074837 :j
Yes
20.0
Once per permit
Annually
Annually
0.30
Town of Burgaw
Burgaw WWTP
Pender
NCO021113
Yes
120.0
Annually
Annually
Annually
0.30
Town of Maysville
Maysville WWTP
Jones
NCO021492 .i
Yes
5.0
Not Required
Annually
Annually
0.30
Town of Morehead City
Morehead City WWTP
Carteret
NCO026611
Yes
300.0
Annually
Annually
Annually
0.30
Town of River Bend
River Bend WWTP
Craven
NCO030406 !
Yes
10.0
Once per permit
Annually
Annually
0.30
Town of Trenton
Trenton WWTP
Jones
NCO021342 ,)
Yes
10.0
Once per permit
Annually
Annually
0.30
Town of Wallace
Wallace WWTP
Duplin
NC0020702 ,)
Yes
40.0
Once per permit
Annually
Annually
0.30
Town of Warsaw
Warsaw WWTP
Duplin
NC0021903 'i
Yes
90.0
Once per permit
Annually
Annually
0.30
Village of Bald Head Island
Bald Head Island WWTF
Brunswick
WQ0000193 'i
Yes
10.0
Not Required
Annually
Annually
0.30
Webb Creek Water and
Webb Creek WWTP
Onslow
NCO062642 I;
Yes
20.0
Not Required
Annually
Annually
'0.30
Sewage Inc
Worsley Operating
Scotchman #3303 WATS -
New
NCO065307 I
Yes
1.0
Not Required
Annually
Annually
0.30
Corporation
Hwy 421 North
Hanover
Total
1359
1. Maximum Dry Tons per Year is -the amount of residuals approved for land application:: 'from each permitted facility.
2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, rea�tivity, and corrosivity) as stipulated under permit Condition IV.2.
3. Testing, of metals and nutrients as stipulated under permit Condition IV.3. �)
4. Analyses of pathogen and vector attraction reductions as stipulated under -permit Condition IVA.
i Page 2 of 3
ATTACEIN ENT A - Approved Residual Sources - Continued Certification Bate: February 2012
Lewis Farms and Liquid Waste, Inc. Permit Number: WQ0000455 Versic,-1: 4.4
5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above.
Dry Tons Generated
short tons per ear(Established
Monitoring Frequency
in 40 CFR 503 and 15A NCAC 02T.1111)
<319
l/Year
=>319 - <1,650
1/ Quarter (4 times per year)
=>1,650 - <16,500
1/60 Days (6 times per year)
=>16,500
1/month (12 times per year)
6. House of Raeford Farms, Inc. residuals are exempt from meeting the vector attraction reduction requirements in Condition IVA, provided they are not mixed with residuals that ha -e been
generated during the treatment of domestic wastewater, the treatment of animal processing wastewater, or the biological treatment of industrial wastewater. The House of Raeford Farms, Inc.
residuals must be treated and processed in a manner as to not meet the definition of `Biological Residuals" as defined in 15A NCAC 02T.1 102(6).
If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), t«en no
sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the :? unual
report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarifu,ation.
Page 3 of 3
!' ♦ �'
f �-
ATTACHMENT B - Approved Land Application Sites
Lewis Farms and Liquid Waste, Inc.
Certification Date: February 2. 2012
Permit Number: WQ0000455 Versici a: 4.3
Field/
Site
Owner
Lessee
County
Latitude
Longitude
Net
Acreage
Dominant Soil Series
Footnotes
JJOl
Smith, Joseph J.
Lewis, T Russell
Pender
34027'35"
77038'12"
48.10
Leon
JJ02
Smith, Joseph J
Lewis, T Russell
Pender
34027'19"
77050'27"
9.10
Leon
LO1
Lewis Farms Of Burgaw Inc
Pender
34034'44"
78°03'29"
5.10
Goldsboro
L02
Lewis Farms Of Burgaw Inc
Pender
34034'40"
78°03'33"
14.30
Goldsboro
L03
Lewis Farms Of Burgaw Inc
Pender I
34034'36"
78003'38"
18.90
Goldsboro
L04
Lewis Farms Of Burgaw Inc
Pender
34034`33"
78°03'43"
24.50
Goldsboro
L05
Lewis Farms Of Burgaw Inc
Pender
34034'30"
78003'44"
23.30
Goldsboro
L06
Lewis Farms Of Burgaw Inc
Pender
34°34'32"
78003'19"
5.80
Goldsboro
-
L07
Lewis Farms Of Burgaw Inc
Pender
34034'29"
78003'23"
8.10
Goldsboro
L08
Lewis Farms Of Burgaw Inc
Pender
34°34'23"
78003'59"
31.80
Grantham
L09
Lewis Farms Of Burgaw Inc
Pender
34034'21"
78003'42"
36.70
Grantham
L10
Lewis Farms Of Burgaw Inc
Pender
34034'24"
78°03'27"
14.20
Norfolk loamy fine sand, 0 to
2/o slopes
WO1
Lewis Farms Of Burgaw Inc
Pender
34034'15"
78003'57"
35.60
Grantham
W02
Lewis Farms Of Burgaw Inc
Pender
34034'08"
78003'56"
39.20
Grantham loam
W03
Lewis Farms Of Burgaw Inc
Pender
34034'02"
78003'59"
24.20
Woodington
W04
Lewis Farms Of Burgaw Inc
Pender
34°33'58"
78°03'55"
12.50.
Woodington
Total
351.4
Page 1 of 1