WQ0012210_Final Permit_20080922

o�0F w A rFq Michael F. Easley, Governor
William G. Ross Jr., Secretary
uaNorth Carolina Deparmnent of Environment and Natural Resources
C3 Coleen H. Sullins, Director
Division of Water Quality
September 22, 2008
MR. BART T. FARMER, WATER RESOURCES DIRECTOR
TOWN OF BANNER ELK
Po Box 2049
BANNER ELK, NC 28604
Subject: Permit No. WQ0012210
Town of Banner Elk
Town of Banner Elle Residuals
Composting Facility and
Distribution Program
Distribution of Residual Solids (503)
Avery County
Dear Mr. Farmer:
In accordance with your permit renewal request received June 27, 2008, we are forwarding
herewith Permit No. WQ0012210, dated September 22, 2008, to the Town of Banner Elk for the
continued operation of the subject land application of residuals solids program.
This permit shall be effective from the date of issuance until August 31, 2013, shall void Permit
No. WQ0012210 issued April 10, 2002, 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.
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 tape 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.
Please note that "bulk residuals" shall mean residuals that are transported and not sold or given
away in a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an open or closed receptacle with a load
capacity of 1.102 short tons or one metric ton or less.
?Carolina
IaiMA lly
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone : [phone]
Internet: www.ncwaterquality. r -g Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax l: [phone]
Fax 2: [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/l0% Post Consumer Paper Customer Service: [phone]

If you need additional information concerning this matter, please contact David Goodrich at (919)
715-6162 or [e-mail].
Sincerely,
for Coleen H. Sullins
cc: Avery County Health Department
Asheville Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PERMIT FOR THE DISTRIBUTION OF CLASS A RESIDUALS
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
Town of Banner Elk
Avery County
FOR THE
continued operation of a composting facility consisting of an aerobic digester, sludge drying beds, a 55 -
foot by 85 -foot concrete pad, and a forced -air aeration system as well as a program consisting of the
treatment and distribution of Class A residuals for the Town of Banner Elk and consisting of the
distribution and land application of residuals generated by the residuals source -generating facilities listed
in the most recently -certified Attachment A with no discharge of wastes to surface waters, pursuant to the
permit renewal application package received on June 27, 2008 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 perrnit shall be effective from the date of issuance until August 31, 2013, shall void Permit No.
WQ0012210 issued April 10, 2002, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES h)lease„review the entire permit for reporting, monitoring, and other on-going activitiesl
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 extend 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 reap to be submitted with the permit renewal
application
H. PERFORMANCE STANDARDS
1. 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 Class A residuals composting facility or
distribution program.
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 distribution or land application in
accordance with this permit.
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3. The pollutant concentrations in any residuals that are distributed or land applied to any land
application site shall not shall not exceed the following Ceiling and Monthly Average
Concentrations (i.e., dry weight basis)
Parameter
Monthly Average
Concentration
(mfg)
Ceiling Concentration
(mfg)
Arsenic
41
75
Cadmium
39
85
Copper
1,500
4,300
Lead
300
840
Mercury
17
57
Molybdenum
n/a
75
Nickel
420
420
Selenium
100
100
Zinc
2,800
7,500
4. When residuals are distributed or land applied under the conditions of this permit, the Class A
pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), 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.
5. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained
(all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Any property line: 50
iii. Any private or public water supply source: 100
iv. Surface waters: 50
v. Any well with exception of monitoring wells: 100
6. When land applying bulk class A residuals to any land application site, the following setbacks shall
be maintained (all distances in feet):
Liquid Cake
a. Any private or public water supply source: 100 100
ii. Surface waters: 100 25
iii. Surface water diversions: 25 0
iv. Groundwater lowering ditches: 25 0
v. Any well with exception of monitoring wells: 100 100
vi. Bedrock outcrops: 25 0
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Unless others noted in Attachment A of this permit, "cake" residuals are residuals that have greater
than 15% solids by weight and can be stacked without flowing, and handled, transported and spread
as a solid (i.e., using a backhoe, front end loader, slinger spreader, broadcast spreader or other
equipment designed far handling solid materials) without leaving any significant liquid fraction
behind.
7. Specific residuals land application area boundaries shall be clearly marked on each land application
site prior to and during a bulk residuals land application event.
S. Bulk 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:
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:
hqp://www.soil.nesu.gdu/nmp/ncnmwjz/ 'ei
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.
c. If the RYE cannot be determined using methods 8(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 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 Senate Bill 1217 Interagency Group- Guidance
Document: Chapter 1. Guidance for the completion of the plan can be found at:
htip://www.enr.state.nc.us/DSWC/pages/guidance docs.html.
iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation
Services (MRCS). These plans must meet the USDA -MRCS 590 Nutrient Management
Standards, which are available at:
ft_p.E ft-fe.se.egQv,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.
9. If the land application sites are to be overseeded 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.
Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee
must submit and receive approval by the Division.
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10. 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 Carolina-]icensed 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 terms 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.
11. The COMPLIANCE BOUNDARY for the residuals composting facility 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.
12. The REVIEW BOUNDARY shall be established around the residuals composting facility 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),
13. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified
at least 24 hours prior to the initial bulk 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.
14. The Aquifer Protection Section of the appropriate Division's regional office shall be notified at least
24 hours prior to the initial bulk 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
hm://www.enr.state.nG.us/htmi/regionaloffices.html.
15. Diversion or bypassing of untreated residuals or leachate from the residual composting facility shall
be prohibited. All leachate shall be reused as a wetting agent for the processing of residuals or
disposed of through a Division -approved method.
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Class A residuals management 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. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC
02T .1110 including operational functions, maintenance schedules, safety measures, and a spill
response plan.
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2. In the event that the Class A residuals management program is not operated satisfactorily, including
the creation of nuisance conditions, 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.
3. Upon classification of the Class A residuals management 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 86.0201.
4. This permit shall become voidable if the soils of the land application sites fail to assimilate the bulk
residuals or the application causes contravention of surface water or groundwater standards and may
be rescinded 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.
5. 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. A spill prevention and control plan
shall be maintained in all residuals transport and application vehicles.
6. 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.
7. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or
stored residuals into any surface waters.
8. All residuals shall be adequately stored to prevent leachate runoff until treated. The finished product
may be placed on a concrete pad, placed under shelter or covered until such time as it is distributed to
the buyer. If an alternate storage site is to be used, approval must be obtained from the Division.
9. A label shall be affixed to the bag or other container in which residuals that are sold or given away for
application to the land, or an information sheet shall be provided to the person who receives the
residuals sold or given away in other containers for application to the land. The label or information
sheet shall contain the following information:
a. The name and address of the person who prepared the residuals that is sold or given away in a
bag or other container for application to the land.
b. A statement that application of the residuals to the land is prohibited except in accordance with
the instructions on the label or information sheet.
c. A statement which identifies that this material shall be prevented from entering any public or
private water supply source (including wells) and any stream, lake, or river.
d. A statement that the residuals shall be applied at agronomic rates and recommended rates for
intended uses.
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 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;
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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., >,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 for land is greater than 10 percent when bulk liquid residuals are surface applied, and
if the slope of the land is greater then 18 percent with 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
i
application sites onto which residuals are applied. Residuals may be applied to the sites provided
that sufficient amounts of lime is also applied to achieve a final pH of the soil mixture of at least
6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime
mixture is suited 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.
i. 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 unless the
bulk residuals are incorporated within a 24-hour period following the residuals land application
event or injected;
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;
11. For fields receiving bulk residuals, the Permittee shall request 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 land, and a copy of the most recent Nutrient Management Plan (NMP), if available.
For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization
Plan (WIIP) or Certified Nutrient Management Plan (CLAMP) shall also be considered a
Nutrient Management Plan
The NMPs must be provided only for those operations where a NMP (also CMP, WUP, or CNMP) is
required by the US Department of Agriculture — National Resources Conservation Service (MRCS) 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
(including PAN) have already been met or exceeded on a field, no additional residuals shall be land
applied to that field.
IV. MONITORING AND REPORTING REQUIREMENTS
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 residuals 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 residuals source -
generating facility are distributed or land applied at a frequency less than that which is specified in
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the most recently -certified Attachment A of this permit, the analyses shall be required for each
residuals distribution and land application event. 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.
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 (e.g. no land applications occur during an entire year when annual
monitoring is required), no sampling data is required during the period of inactivity. The Permittee
shall submit an annual report, ;is required in Condition N.9., even in the event that no land
application events occur during an entire year, and the annual report shall include an explanation for
the missing sample data.
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter 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)
1,1-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)
m -Cresol (200.0)
Lead (5.0)
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)
An analysis shall 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
Magnesium
pH
Ammonia -Nitrogen
Mercury
Plant Available Nitrogen (by calculation)
Arsenic
Molybdenum
Selenium
Cadmium
Nickel
Sodium
Calcium
Nitrate -Nitrite Nitrogen
% Total Solids
Copper
Phosphorus
TKN
Lead
Potassium
Zinc
Sodium Adsorption
Ratio (SAR)
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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 Permittee shall make up the missing 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 N.9., 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.
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 11.4. 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 requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), and one
vector attraction reduction requirements 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 11.4. in the most recently -certified Attachment A of this
permit shall not be required to comply with this monitoring requirement.
5. Laboratory analyses of parameters as required by Condition IV.1., Condition IV.2., Condition IV.3.,
and Condition IVA., shall be performed/gathered on the residuals as they are to be distributed or land
applied.
6. Laboratory analyses of parameters as required by Condition N.1., Condition 1V.2., Condition IV.3.,
and Condition IVA. shall be in accordance with 15A NCAC 02B .0505.
Proper records shall be maintained by the Permittee tracking all bulk 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 (i.e., sunny, cloudy, raining, etc.);
f. Predominant Soil Mapping Unit (i.e., CbB2);
g. Soil conditions (i.e., dry, wet, frozen, etc.);
h. Type of crop or crops to be grown on field;
i. Nitrogen. Application Rate based on RYES.
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;
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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, or
kilograms per hectare (if applicable);
1. Volume -of soil ar4endments (i.e., 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 of dry tons per acre of residuals as well as animal waste and other
sources of nutrients (i.e., if applicable), annual and cumulative pounds per acre of each heavy
metal (i.e., shalI 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.
8. All records required as part of this permit shall be retained a minimum of five years.
9. 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. 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 repost shall be submitted to the following
address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
10. Noncompliance Notification
The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828)
296-4500, 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 distribution program which results in the land application of significant
amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution 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.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], or (919) 733-
3300. 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.
WQ0012210 Version 2.0 Shell Version 080710 Page 9 01,11

V. INSPECTIONS
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities.
2. Prior to each bulk 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.
3. 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 activities of the Class A residuals management program
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 § 143-215.6C.
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).
5. 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.
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.
WQ0012210 Version 2.0 Shell Version 080710 Page 10 of 11

7. This permit shall not be automatically transferable. In the event that there is a desire for the Class A
residuals management program to change ownership or to change the name of the Permittee, a formal
permit request shall be submitted to the Division 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 22nd day of September, 2008.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Zoleen Mullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0012210
WQ0012210 Version 2.0 Shelf Version 080710 Paee 11 of 11

ATTACHMENT A - Approved Residual Sources
Permit Number: WQ0012210
Town of Banner Elk
Version: 2.0
Certification Date: 09/22/08
NU i E: Morittnrm rregnency Kequtreroents
Dry Tons Generated Monitoring Frequency (Established in 40 CFR 503)
X319 IlYear _
=>319 - X1,650 1/ Quarter (4 tithes per ear)
=>1,650 - <I6,500 1/60 Days_(6 tirne�er year)
=> 16,500 Urnonth (12 times per } ear)
r
WQ0012210 Version 2.0 ATACHMENT A Page l of 1
Maximum
Monitoring
Monitoring Frequency
Approved
Permit
Issued
Dry Tons
Frequency for
for Condition IV. 3. and
Mineralization
Owner
Facility Name
County
Number
By
Is 503?
Per Year
Condition W. 2.
Condition IV. 4.
Rate
Town of Banner Elk
Town of Banner Elk
Avery
NCO032115
DWQ
503
21
Once per permit
Annually
.10
WWTP
Total
21
NU i E: Morittnrm rregnency Kequtreroents
Dry Tons Generated Monitoring Frequency (Established in 40 CFR 503)
X319 IlYear _
=>319 - X1,650 1/ Quarter (4 tithes per ear)
=>1,650 - <I6,500 1/60 Days_(6 tirne�er year)
=> 16,500 Urnonth (12 times per } ear)
r
WQ0012210 Version 2.0 ATACHMENT A Page l of 1

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FACILITY LOCATION MAP