WQ0000602_Final Permit_19890909

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
R. Paul Wilms
Director
October 9, 1989
Mr. George Baughman
Cape Fear Toyota
5640 Market Street
Wilmington N.C. 28403
Subject: Permit No.WQ0000602
Cape Fear Toyota
Landfarming of Petroleum
Contaminated Soil
New Hanover County
Dear Mr. Baughman:
In accordance with your application received July 6, 1989 we are forwarding herewith
Permit No. WQ0000602, elated October 9, 1989 to Cape Fear Toyota for the continued operation
of the subject petroleum contaminated soil remediation activities.
This permit shall be effective from the date of issuance until October 30, 1990, shall
supercede Permit No. WQ0000602 dated October 13, 1988, and shall be subject to the conditions
and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this permit. This request must be in the form of a written petition, conforming
to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Box 11666, Raleigh, NC 27604. Unless such demands are made this permit shall
be final and binding.
If you need additional information concerning this matter, please contact Babette Mckemie
at 9191733-5083.
incerely,
R. Paul Wilms
cc: New Hanover County Health Dep ent
Wilmington Regional Office
Groundwater
Law Environmental
Pollution Prevewion Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
CONTAMINATED SOILS DISPOSAL PERMIT
In accordance with the provisions of Article 21 of Chapter 1.43, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Cape Fear Toyota
New Hanover County
FOR THE
continued operation of a landfarm site approximately 100 feet square, two (2) feet deep, lined
with a 6 mil plastic moisture barrier and surrounded by a dike approximately 12 to 18 inches high.
Approximately 200 cubic yards of contaminated soil are to be treated on this site by combining it
with approximately one (1) foot of native soil, agricultural lime and fertilizer and refilling
monthly, pursuant to the application received July 6, 1989 and in conformity with the project
plan, specifications, and other supporting data subsequently filed and approved by the Department
of Environment, Health and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until October 30, 1990, shall
supe.rcede Permit No. WQ0000602 dated October 13, 1988, and shall be subject to the following
specified conditions and limitations:
PERFORMANCE STANDARDS
1. This permit shall become voidable if the soils fail to adequately assimilate the wastes
and may be rescinded unless the facilities are installed, maintained, and operated in a
manner which will protect the assigned water quality standards of the surface waters
and ground waters.
2. In the event that the facilities fail to perforin satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.
3. The issuance of this permit shall not relieve the Perinittee of the responsibility for
damages to surface or groundwaters resulfing from the operation of this facility.

4. The following buffers shall be maintained:
a) 100 feet between disposal area and any public or private water supply including
wells
b) 100 feet between disposal area and "SA and SB" classified surface waters
c) 50 feet between disposal area and any stream, lake, river or natural drainageway
d) 50 feet between disposal area and property lines
e) 10 feet between disposal area and surface water interceptor drains or diversions
(upslope)
f) 25 feet between disposal area and surface water interceptor drains or diversions
(downslope) and groundwater drainage systems.
5. No contaminated soil other than that from Cape Fear Toyota shall be placed on the
landfarm site.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Adequate measures shall be taken to prevent surface runoff from carrying any
disposed material into any surface waters.
3. The facilities shall be effectively maintained and operated as a non -discharge system
to prevent the discharge of any wastewater resulting from the operation of this
facility.
4. The site shall be adequately limed to a soil pH of. at least 6.5 and fertilized
The contaminated soil, fertilizer and lime shall be thoroughly incorporated into the
top six to eight inches of the native soils by tilling.
5. To ensure that sufficient oxygen is provided for waste biodegradation, the site shall
be retilled monthly.
6. No food -chain crops shall be grown on the landfarming sites for at least two years
following the completion of contaminated soil application and remediation.
7. Nutrients, in the form of nitrogen and phosphorus fertilizers, must be applied over
the disposal area and fully incorporated into the mixed contaminated and native soil
layer. To provide maximum benefits, fertilization should occur no sooner than 15
days nor later than 30 days subsequent to disposal.
Rate of fertilizer application should be the lesser of the following:
a) For nitrogen, the tolerance level of the vegetative crop, as determined by a
knowledgeable party, or 75-100 pounds per acre plant available nitrogen
(PAN).
b) For phosphorus, the tolerance level of the vegetative crop, as determined by a
knowledgeable party, or 50-75 pounds per acre P2O5 (or equivalent).
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8 . The existing dikes surrounding the containment area shall be repaired within two (2)
weeks of permit reissuance. A vegetative cover shall be established and maintained
on the dikes in order to minimize any future erosion problems. Within five (5) days
following completion of the dike repairs, the Permittee shall notify the Groundwater
Section, Wilmington Regional Office, in order to arrange a site inspection by
Regional Office Personnel.
9. The entire disposal area shall be covered during rainfall events. At such time as the
site inspection is conducted, the Permittee shall demonstrate how the disposal site is
protected from future rainfall events
111. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring deemed necessary by the Division of Environmental Management to
insure surface and ground water protection will be established and an acceptable
sampling reporting schedule shall be followed.
2. Monthly Organic Vapor Analyzer (OVA) testing will be begun when the odor of
petroleum product can no longer be detected, it will be continued until testing
indicates no further reduction in contamination, at which time the Permittee may
request the Regional Hydrogeoligist to stipulate the remediation program is complete
and has no objection to the permit being voided. At that time the Permittee may
request the Division void Non -Discharge Permit No. WQ0000602.
IV. GROUNDWATER REQUIREMENTS
Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
2. Soil samples will be collected monthly, from a minimum of two (2) areas at the
disposal site.
Each sample will be composed of the vertical column of soil, extending from land
surfaces to the maximum depth of waste incorporation, and collected by using a soil
auger, Shelby tube or split -spoon sampler.
Samples at each location will be thoroughly mixed and a representative portion
analyzed to determine the concentration of (1) Petroleum Fuel Hydrocarbons
(Method 3550) and any (2) Volatile Organic Aromatic (VOA) compounds present.
A copy of the laboratory results of the soil analysis will be submitted to the YYW
Regional Office, to the attention of the Regional Hydrogeological Supervisor, within
thirty days of sample collection.
V. INSPECTIONS
l . Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
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2. The Permittee or designee shall inspect the contaminated soil area to prevent any
discharges which may cause or lead to the release of wastes to the environment, a
threat to human health, or a nuisance. The Permittee shall keep 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 three years from the
date of the inspection and shall be made available upon request to the Division of
Environmental Management or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division of
Environmental Management may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the disposal site and facility 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; or may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the contaminated soil is disposed in
accordance with the conditions of this permit and the approved documents.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to
change ownership, or there is a name change of the Permittee, a formal permit
request must be submitted to the Division of Environmental Management
accompanied by an application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request will
be considered on its merits and may or may not be approved.
4. In any future transfer of this land, a notice shall be given to the new owner that gives
full details of the materials applied or incorporated at this site.
5. A set of approved documents for the subject project must be. retained by the applicant
for the life of the project.
6. Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to an enforcement action by the Division of Environmental
Management in accordance with North Carolina General Statute 143-215.6.
7. The annual administering and compliance fee must be paid by the Permittee within
thirty (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 2H.0205 (c)(4).
8. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances which may be imposed by other
government agencies (Iocal, state, and federal) which have jurisdiction.
9. The Permittee, at least six months prior to the expiration of this permit, shall request
its extension. Upon receipt of the request, the Commission will review the adequacy
of the facilities described therein, and if warranted, will extend the permit for such
period of time and under`such conditions and limitations as it may deem appropriate.

Permit issued this the 9th day of October, 1989
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
R. Paul Wilms, Dire�J
Division of Environmentanagement
By Authority of the Enver mental Management Commission
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Permit No. WQ0000602
October 9, 1989
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, , for the
Project Name Location
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the approved pians and specifications.
Signature
Date
9
Registration No