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HomeMy WebLinkAboutWQ0012404_Final Permit_20111209A' ZA MCDGNR North Carolina Department of environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 9, 2011 MR. JOHN A. FOSTER, MANAGER OF ENVIRONMENTAL. ENGINEERING CF INDUSTRIES, INC. 4 PARKWAY NORTH, SUITE 400 DEEUIELD, ILLINoIS 60015-2590 Subject: Permit No. WQ0012404 CF Industries, Inc. CF Nitrogen, Inc. Site in Tunis, NC Land Application of Nitrogen -Enriched Ground Water Hertford County Dear Mr. Poster: In accordance with your permit modification request which was made through S & ME, Inc. and received on May 3, 2011, we are forwarding herewith a modified Permit No. WQ0012404, dated December 9, 2011, to CF Industries, Inc. for the subject nitrogen -enriched ground water land application program. This permit shall be effective from the date of issuance until December 31, 2015; shall void Permit No. WQ0012404, issued on January 30, 2007 and Attachment A modified on September 18, 2008; and shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to the Division of Water Quality (Division) no later than six months prior to that date (i.e., see Condition VI. 7.), as the Division does not send reminders to apply for permit renewal. Please note that this permit has been updated by the modification or removal of permit conditions to reduce or remove monitoring which has been shown to be unnecessary. Permit Condition 11.3. requires that the application of nitrogen -enriched ground water be performed in accordance with expected nitrogen requirements based on Realistic Yield Estimates (RYE) of the respective cover crops. Permit Condition 11.6. requires setback distances based on the 15A NCAC 02T setback distances for Class A liquid applications. Permit Condition IVA. requires the submission of land application annual reports to the APS Regional and Central Offices. The application of nitrogen -enriched ground water on soybean crops at a rate of 200 pounds of plant available nitrogen per acre per year has been approved for all fields. New Landowner Agreements and Lessee Agreements are to be submitted to the Aquifer Protection Section in the Annual Report, and are required to be kept on file by the affected parties. Ln accordance with Regulation 15A NCAC 02T .1109(b)(I), nitrogen -enriched ground water cannot be applied to areas where the vertical separation between the ground surface and the mean seasonal high water table is less than one foot. Aquifer.Protection Section 1636 Mail Smice Center Raleigh. NC 276gq-1636 Internet: hup. It2o.enr.state.nc.us 2729 Capital Boulevard Raleigh. NC 27604 NofthCarofina Natu.rallb, Phone (919) 733-3221 Customer Service Fax (9191715-0589 1-977-623-6748 Fax (919171.5-6049 An Equal OpportuniiylAftirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. John A. Foster December 9, 2011 Page 2 This permit approves the continued operation of the nitrogen -enriched ground water land application program. As always, remember to take the time to review this permit thoroughly, as some of the conditions contained therein have been added, changed, or deleted since the last issuance. 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, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 6714 Mail Service Center; Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need any additional information concerning this matter, please contact Mr. David Goodrich at (919) 715-6162, or via e-mail at david.goodrichCncdenr.gov. Sincerely, or Coleen H. Sullins cc: Hertford County Health Department Northampton County Health Department Washington Regional Office - Aquifer Protection Section Raleigh Regional Office — Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files APS Files NORTH CAROLINA fDlu*/t�TOA1M31ay7fluEVEX44D16i01Z166161ulu1 "COO DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF NITROGEN -ENRICHED GROUND WATER PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO CF Industries, Inc. Hertford County FOR THE continued operation of a nitrogen -enriched groundwater recovery system consisting of nine recovery wells with a transfer pump station and a one million gallon storage basin with a groundwater transfer and loading system with dual loading bays for the tanker trucks. The operation (hereafter considered the "groundwater recovery facility"); and for the operation of a nitrogen -enriched ground water land application program consisting of the application of 20,000,000 gallons per year of nitrogen -enriched ground water from the CF Nitrogen, Inc. site in Tunis, N.C. (hereafter considered the "groundwater recovery site"), to approximately 4,404.2 acres of land in nearby counties (hereafter considered the "land application sites") with no discharge of nitrogen -enriched groundwater to the surface waters, pursuant to the modification land application program package received on May 3, 2011, 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, as well as the Landowner Agreement Attachment(s) and Lessee Agreement Attachment(s) attached to this permit. This permit shall be effective from the date of issuance until December 31, 2015; shall void Permit No. WQ0012404, issued on January 30, 2007; and shall be subject to the following specified conditions and limitations: I. GROUNDWATER REMEDIATION Upon classification of the nitrogen -enriched ground water land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate an appropriate certified operator to be in responsible charge (ORC) of the nitrogen -enriched ground water recovery facility and the land application program. The operator shall hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the nitrogen -enriched groundwater recovery facility and the land application program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type and grade to comply with the conditions of 15A NCAC 8G .0202. 2_ The nine monitor wells and four piezometers at Site Number 11, shown on Figure 1 and listed in Attachment C, shall be properly maintained. Well abandonment, if necessary, shall be coordinated through the Division of Waste Management's Inactive Sites Branch. Within 30 days of abandonment, a Well Abandonment Record (Form GW-30) listing this permit number and the appropriate monitorin, well identification number shall be completed for each well abandoned and mailed to the Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. A North Carolina Certified Well Contractor shall abandon the monitoring wells according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. Replacement monitor wells shall be coordinated through the Division of Waste Management's Inactive Sites Branch and approved by the Washington Regional Office, telephone number (252) 946-6481, prior to their installation. The regional office shall be notified at least 48 hours prior to the construction of any monitoring well, and such 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. The monitoring wells shall be constructed such that the water level in the monitoring well is never above or below the screened (open) portion of the well at any time during the year, and in accordance with 15A NCAC 02C .0108. The nitrogen -enriched ground water shall be analyzed to demonstrate that it is non -hazardous under the Resource Conservation and Recovery Act (RCRA), and the results submitted as part of the permit renewal process. The toxicity characteristic leaching procedure (TCLP) shall be performed once per permit cycle, and the Permittee shall maintain these results for a minimum of five years. 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) 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) 4. A nitrogen -enriched ground water analysis program will be conducted from the date of permit issuance by the Permittee and the results maintained on file by the Permittee for a minimum of five years. The following program shall be conducted: a. A nitrogen -enriched groundwater laboratory analysis shall be completed every 90 days. The analysis shall include the following parameters: Aluminum pH II. Ammonia Nitrogen Phosphorous Calcium Plant Available Nitrogen (by calculation) Magnesium Potassium: Nitrate -Nitrite Nitrogen Sodium Total Kjeldahl Nitrogen The Permittee shall maintain the monitoring well system inside the slurry wall by obtaining water level data from the 9 monitor wells and 4 piezometers at Site Number 11 every January, April, July and October (see Attachment C). The Permittee shall develop groundwater contour map(s) of the system and map this data as groundwater contours. This is to be sufficient in aerial extent and density to describe the general pattern of the water level elevation. The map(s) shall include access to the field and monitoring points, and cross -sectional view maps that depict water levels across the slurry wall. 6. The COMPLIANCE BOUNDARY is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is established at either 250 feet from the waste disposal area or 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate 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. The REVIEW BOUNDARY shall be established around each disposal system midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(1). LAND APPLICATION PROGRAM PERFORMANCE STANDARDS This permit shall become voidable if the soils at a land application site fail to adequately assimilate the nitrogen -enriched ground water and may be rescinded unless the land application sites are raintained and operated in a manner that will protect the assigned water quality standards of the surface waters and ground waters. 2. The groundwater recovery facility and the land application. sites shall be effectively maintained and operated at all times so that there is no discharge of nitrogen -enriched groundwater to the surface waters, nor any contamination of ground waters by nitrogen -enriched ground water which will render them unsatisfactory for normal use, In the event that the groundwater recovery facility or a land application site fail to perform satisfactorily, including the creation of nuisance conditions or failure of the land application site to adequately assimilate the nitrogen -enriched ground water, the Permittee shall cease applying nitrogen -enriched groundwater to the land application 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. The nitrogen -enriched ground water shall be land applied to all land application sites at or below agronomic rates. If the owner of the land application site has or will be applying fertilizer during the crop rotation when nitrogen -enriched ground water is being applied, the nutrients from the fertilizer shall be taken into account when determining loading rates for the nitrogen -enriched ground water. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved land application site. Realistic Yield Expectations for crop types and specific fields or soils types shall be determined by using any of the following methods: a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science. The Department webpage is located at: httn:/rnutrients.soil.ncsu.edu/vields/ 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 2(a) or 2(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: http://www.enr.state.nc.us/DSWC/pages/�uidance docs.htmi. iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards, which are available at: ftp: //ftp-fc.sc.egov.usda.gov/NHO/practice-standards/standards/590.pdf e. Applications of Plant Available Nitrogen have been approved by agreement for a rate of 200 pounds per acre per year for soybean crops. 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. 4. 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 nitrogen -enriched ground water or com and small grain both to receive nitrogen -enriched ground water), 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 nitrogen -enriched ground water shall be land applied to these sites because the PAN will essentially be returned to the soil. Prior to application of PANSY to permitted sites at rates exceeding the agronomic rate, the Permittee must submit and receive approval by the Division. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or ground waters resulting from the operation of this program. 6. The following setback distances shall be maintained by the application areas at all times: a. 100 feet from private or public water supply sources; b. 100 feet from surface waters (intermittent and perennial streams, perennial water bodies, and wetlands) c. 25 feet from surface water diversions (ephemeral streams. waterways and ditches); d. 25 feet from groundwater lowering ditches (,where the bottom of the ditch intersects the SHWT); 4 e. 100 feet from wells (with exception to monitoring wells); f. 25 feet from bedrock outcrops. 7. A copy of this permit shall be maintained at the land application site when nitrogen -enriched ground water is being applied during the life of this permit. A spill prevention and control plan shall be maintained in all nitrogen -enriched ground water transport and application vehicles. Specific nitrogen -enriched ground water application area boundaries shall be clearly marked on each land application site prior to and during application on land application sites where a fixed system is not being used. With the exception of Site 11, no nitrogen -enriched ground water shall be stored at any land application site at any time, unless written approval has first been requested and obtained from the Division's Central or Regional Office. Temporary storage in a 12,000 gallon tanker trailer at a speck land application site may be maintained only during the application process. 10. Only the land application sites owned by individuals who have signed a completed Landowner Agreement Attachment and, if applicable, a Lessee Agreement Attachment, are approved for nitrogen -enriched ground water land application. A completed Landowner Agreement Attachment and Lessee Agreement Attachment (see Attachments D and E) must be kept on file by the Permittee and available for inspection. The appropriate Attachments (FORM: CF industries LOAA 110913 for landowners and FORM: CF industries LAA 110914 for lessees) will be signed and submitted to the Division as part of the residuals annual report. 5 M. LAND APPLICATION PROGRAM OPERATION AND MAINTENANCE REQUIREMENTS The Permittee shall not land apply nitrogen -enriched ground water to a land application site owned by others unless the agreement between the Permittee and the landowner/lessee or operators (see attached forms) is in full force and effect. The Landowner Agreement Attachment (FORM: LOAA 110913) shall be considered renewed at the same time the permit is renewed. Should a landowner or lessee terminate its agreement with the Permittee, the Permittee shall inform the Washington Regional Office, Aquifer Protection. Section, to remove all of the sites associated with that owner or lessee from the list of sites on Attachment B. If the Lessee has changed during a given permit cycle, the Lessee Agreement Attachment (FORM: LAA 110914) must be re-established when this permit is renewed. 2. The use of existing spray irrigation equipment for application of the nitrogen -enriched ground water is approved by this permit, provided all permit restrictions are met and appropriate backflow prevention, as approved by the North Carolina Public Water Supply Division, is in place to protect the potable water supply. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the nitrogen -enriched ground water land application sites onto adjacent properties or into any surface waters. 4. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored nitrogen -enriched ground water into any surface waters. Nitrogen -enriched ground water shall not be land applied during inclement weather or until 24 hours following a rainfall event of 0.5-inch or greater in 24 hours. Any emergency nitrogen -enriched ground water land application measures shall first be approved in writing by the Division. Nitrogen -enriched ground water shall not be land applied to any land application site that is flooded, frozen, or snow-covered, or if the application causes prolonged nuisance conditions. 7. Nitrogen -enriched ground water shall not be applied to any land application site where the slope of the land is greater than 10 percent, or in any area where the vertical separation between the ground surface and the mean seasonal high water table is less than one foot. The freeboard in the storage basin shall be no less than two feet. If the freeboard becomes less than two feet because of a significant rainfall event, the Permittee shall notify the Washington Regional Office and promptly take action to return the freeboard to at least two feet. At no time shall the storage basin be allowed to overflow. IV. LAND APPLICATION PROGRAM MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e., including groundwater, surface water, 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. Analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 2H .0800 or 15A NCAC 2H .1100. Field analyses are exempted from this requirement. 3. Proper records shall be maintained by the Perminee tracking all application events. These records shall include, but are not necessarily limited to, the following information: a. date of nitrogen -enriched ground water application; b. location of nitrogen -enriched ground water application (site, field, or zone #): c. type of crop or crops to be grown on land application site; d. volume of nitrogen -enriched ground water applied in gallons per acre; e. continuous weekly; monthly, and year-to-date hydraulic (inches/acre) loadings for each land application site; and f. annual totals, for each land application site, of plant available nitrogen (PAN) from the nitrogen -enriched ground water (lbs/acre); annual totals, for each land application site, of phosphorous applied from all sources (lbs/acre), fertilizers applied (other than from the nitrogen -enriched ground water) (lbs. of PAN/acre); and annual totals, for each field, of PAN from all sources. 4. Three (3) copies of annual reports shall be submitted to the Aquifer Protection Section Central Office in Raleigh at 1636 Mail Service Center, Raleigh, NC 27699-1636. Each Land Application Annual Report shall include all monitoring results within the year, including, but not limited to, the records listed under Permit Conditions IV.3. ,1.3., 1.4.,1.5., and the following: 1. The land application sites identified and listed in Attachment B and an updated list of application fields that were used for land application during the year, 2. the amount of nitrogen -enriched ground water applied per land application site, 3. the nitrogen applied per land application site, 4. any new Landowner Agreements and/or Lessee Agreements. 5. Noncompliance Nofifrcahon: The Permittee shall report by telephone to the Aquifer Protection Section of the Division's Washington Regional Office at telephone number (252) 946-6481, 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 that results in the land application of significant amounts of nitrogen -enriched ground water which is abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of nitrogen -enriched ground water to receiving waters. c. Any time that self -monitoring information indicates that the groundwater facility or land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the program system was designed. d. Any groundwater recovery facility failure, due to known or unknown reasons, that renders the facility incapable of the facility's intended usage. e. Any spillage or discharge from a vehicle or piping system transporting nitrogen -enriched ground water to the application site. 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. A", INSPECTIONS OF GROUNDWATER REMEDIATION AND LAND APPLICATION FACILITIES Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the groundwater storage, transport, and application facilities. 2. The groundwater recovery and collection system and Site I shall be inspected annually 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. All repairs should be made as soon as possible and reported to the Washington Regional Office (see Section IV.5. NONCOMPLIANCE NOTIFICATION . All components of the groundwater recovery and collection system shall be properly weatherproofed to prevent freezing and failure of the system. 3. Prior to each nitrogen -enriched ground water land application event, the Permittee or his designee shall inspect the nitrogen -enriched ground water 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. All repairs should be made as soon as possible and reported to the Washington Regional Office (see Section B1.5. NONCOMPLIANCE NOTIFICATION). 4. 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 groundwater remediation 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 PERMIT CONDITIONS 1. This permit shall become voidable unless the land application activities are carried out, and the groundwater recovery facility is maintained, in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. ?. This permit shall be effective only with respect to the nature and volume of the nitrogen -enriched ground water described in the application and other supporting data. 3. This permit shall not be automatically transferable. In the event that there is a desire for the groundwater recovery site to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division accompanied by an application fee, 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. 4. 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 § 143-215.5A th_*ou lr- §143-215.bC. 5. 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)(3). The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, soil 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 213 .4200 and 15A NCAC .0500. In order to extend this Permit, the Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the facilities and nitrogen -enriched ground water land application program described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements (including ground water, surface water, soil or plant tissue analysis) the Division deems necessary in order to protect the environment and public health adequately. Permit issued this the 9th day of December 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION , ,w3t% Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0012404 0 ATTACHMENT A -- LIMITATIONS AND MONITORING REQUIREMENTS PERMIT WQ0012404 VERSION 2.5 NOT APPLICABLE 10. ATTACHMENT B - Application Areas Covered by this Permit Permit No. W00012404 Version 2.5 CF Industries, Inc. - Tunis, NC Facility Land Annlication ofNitroeen Enriched Groundwater Site/Field ID Landowner Lessee/Operator County Latitude Longitude Net Acreage 3-1 Wiley B. Gillam III Hertford 36.19.51 76.50.39 19.60 3-2 Wile B_ Gillam III L Hertford 36,19.44 76.50.43 32.60 3-3 Wiley B. Gillam III Hertford 36.19.45 76.50.28 19.90 3-4 Wiley B. Gillam III Hertford 36,19.27 76.48.06 18.00 3-5 Wiley B. Gillam III Hertford 36.19.02 76.48.02 31.30 6-1 Stuart Pierce Farms. Inc. Hertford 36.16.06 76.56.20 15.40 6-2 Stuart Pierce Farms, Inc. Hertford 36.16-18 76,56.20 42.20 6-3 Stuart Pierce Farms, Inc. Hertford 36.16.09 76.55.58 6.90 6-4 Stuart Pierce Farms, Inc. Hertford 36.15.54 76.56.16 10.90 6-5 Stuart Pierce Farms, Inc. Hertford 36.15.47 76.56.56 41,70 6-6 Stuart Pierce Farms, Inc. Hertford 36.15.36 76.56.34 17.80 6-7 Stuart Pierce Farms, Inc. Hertford 36.15.27 76.56.11 44.90 6-9 Stuart Pierce Farms, Inc. Hertford 36,16.01 75.57.17 27.20 6-10 Stuart Pierce Farms, Inc. Hertford 36.16.43 76.55.34 88.40 6-1 IA Stuart Pierce Farms, Inc. Hertford 36.15.52 77.00.07 37.40 6-11B Stuart Pierce Farms, Inc. Hertford 36.15.41 76.59.53 69.20 6-1 1C Stuart Pierce Farms, Inc. Hertford 36.15,37 76.59.40 27.30 6-11D Stuart Pierce Farms, Inc. Hertford 36.15.24 76.59.45 35.70 6-12 Stuart Pierce Farms. Inc. Hertford 36.18.30 77.01.47 56.40 6-13 Stuart Pierce Farms, Inc. Hertford 36.18.27 76.54.52 37.50 6-14 Stuart Pierce Farms, Inc. Hertford 36.18.10 76.54.59 30.90 6-15 Stuart Pierce Farms, Inc. Hertford 36.18.14 76.55.18 48.80 6-16 Stuart Pierce Farms, Inc. Hertford 36.16.51 76.45.06 36.20 6-17 Stuart Pierce Farms, Inc. Hertford 36.16.44 76.45.38 31.70 6-18 Stuart Pierce Farms, Inc. Hertford 36.17.04 76,45.33 20.20 6-19 Stuart Pierce Farms, Inc. Hertford 36.16,33 76.43.56 32.70 6-20 Stuart Pierce Farms. Inc. Hertford 36.16.06 76.44.18 15.80 6-21 Stuart Pierce Farms, Inc. Hertford 36.17.50 76.43.10 56.40 6-22 Stuart Pierce Farms, Inc. Hertford 36.16.19 77.02.38 56.70 6-23 Stuart Pierce Farms, Inc. Hertford 36.16.32 77.02.41 85.20 6-24 Stuart Pierce Farms, Inc. Hertford 36.16.20 77.02.23 43.30 9-2 Cedric Pierce Hertford 36.18.20 76.51.10 18.50 9-3 Cedric Pierce Hertford 36.18.14 76.51.20 8.50 9-5 Cedric Pierce Hertford 36.18.13 76.51.37 22.60 ATTACHMENT B - Application Areas Covered by this Permit Permit No. W00012404 Version 2.5 CFIndustries, Inc. - Tunis, NC Facility Land Application of Nitrozen Enriched Groundwater Site/Field ID Landowner Lessee/Operator County Latitude Longitude Approximate Net Acreage l 9-6 Cedric Pierce Hertford 36.18.15 76.51.46 3.70 .9-7 Cedric Pierce Hertford 36.18.07 76.51.28 16.70 9-8 Cedric Pierce Hertford 36.18.03 76.51.36 10.60 9-9 Cedric Pierce Hertford 36,17.50 76.51.30 18.10 9-10 Cedric Pierce Hertford 36.17.59 76.51.30 5.60 9-11 Cedric Pierce Hertford 36.17.45 76.51.19 10.60 9-12 Cedric Pierce Hertford 36.17.48 76.51.05 8.60 9-13 Cedric Pierce Hertford 36.17.46 76.50.57 4.30 9-14 Cedric Pierce Hertford 36.17.50 76.50.58 6.70 9-15 Cedric Pierce Hertford 36.17.58 76.50,50 7.70 9-16 Cedric Pierce Hertford 36.17.58 76.51.22 1.50 9-17 Cedric Pierce Hertford 36.18.01 76.51.21 3.60 9-18 Cedric Pierce Hertford 36.17.50 76.51.25 14.60 9-19 Cedric Pierce Hertford 36,17.59 76.51.10 3.20 9-20 Cedric Pierce Hertford 36.18.06 76.51.13 3.90 9-21 Cedric Pierce Hertford 36.17.38 76.51.49 5.90 9-22 Cedric Pierce Hertford 36.17.45 76.51.49 9.60 9-24 Cedric Pierce Hertford 36,17.47 76.51.43 11.50 9-26 Cedric Pierce Hertford 36.18.34 76.51,45 27.00 9-27 Cedric Pierce Hertford 36.19.12 76.51.48 24.90 9-28 Cedric Pierce Hertford 36.18.51 76.5101 15.00 9-29 Cedric Pierce Hertford 36.18.47 76.51-57 5.70 9-30 Cedric Pierce Hertford 36.18.44 76.51.53 11.90 9-31 Cedric Pierce Hertford 36.17.48 76.52.45 7.50 9-32 Cedric Pierce Hertford 36.17.34 76.52.36 8.00 9-33 Cedric Pierce Hertford 36.17.37 76.52.10 16.70 9-34 Cedric Pierce Hertford 36.17.52 76.53.00 2.60 9-35 Cedric Pierce Hertford 36.17.58 76.52.55 7.70 9-37 Cedric Pierce Hertford 36.18.33 76.52.45 15.80 9-38 Cedric Pierce Hertford 36.18.27 76.52.32 7.60 9-40 Cedric Pierce Hertford 36.19.21 76.53.33 8.00 9-41 Cedric Pierce Hertford 36.19.33 76,53.28 8.10 9-42 Cedric Pierce Hertford 36.19.21 77.01.20 17.70 12 ATTACHMENT B - Application Areas Covered by this Permit Permit No. W00012404 Version 2.5 CF Industries, Inc. - Tunis, NC FacilitJ, Land Application ofNitroaen-Enriched Groundwater SitelF'ield ID Landowner Lessee/Operator County Latitude Longitude Approximate Net Acreage 943 Cedric Pierce Hertford 36.19.16 77,00.38 25.20 9-44 Cedric Pierce Hertford 36.18.27 77.01.27 3.40 945 Cedric Pierce Hertford 36.19.11 77.06.56 69.40 9-46A Cedric Pierce Hertford 36,19.19 77.07.49 32.90 946B Cedric Pierce Hertford 36.19.15 77.07.27 40.60 9-47 Cedric Pierce Hertford 36.19.33 77.08.09 17.30 9-48 Cedric Pierce Hertford 36.18.32 77.06.31 44.30 9-50 Cedric Pierce Hertford 36,18.53 77,06.43 63.80 9-52 Cedric Pierce Hertford 36.18.57 77.07.03 27.90 9-53 Cedric Pierce Hertford 36.19.06 77.07.13 26.70 10-1 J.H. Drewry, M Hertford 36.32.36 77.09.01 6.90 10-2 J.H. Drewry, III Hertford 36.32.30 77.08.36 32.60 10-3 J.H. Drewry, III Hertford 36.32.17 77.09.33 61.30 10-4 J.H. Drewry, III Hertford 36.32.35 77.08.16 6.40 10-5 J.H. Drewry, III , Hertford 36.32-58 77.08.17 17.90 10-6 J.H. Drewry, III Hertford 36.52.21 77.07.56 32.10 10-7 J.H. Drew, HI Hertford 36.32.17 77.08.07 32.60 10-8 J.H. Drewry, III Hertford 36.32.15 77.08.18 35.70 10-9 J.H. Drewry, III Hertford 36.32 24 77.07.46 12.30 10-10 J.H. Drewry, III Hertford 36.32.27 77.07.41 28.40 10-11 J.H. Drewry, III Hertford 36.32.01 77.07.07 2.80 11-1 CF Industries, Inc. Granville Farms, Inc. Hertford 36.22.19 76.52.10 40.40 11-2 CF Industries, Inc. Granville Farms, Inc. Hertford 36.22.17 76.51,47 66.60 11-3 CF Industries, Inc. Granville Farms, Inc. Hertford 36.22.01 76.51.54 40.70 12-1 Douglas R. White Tuscarora Greens Hertford ` 36.23.03 76.54.59 6.10 12-2 Douglas R. White Tuscarora Greens Hertford 36.22.57 76.55.11 5.10 12-3 Douglas R. White Tuscarora Greens Hertford 36.22,40 76.54.57 4.80 12-4 Douglas R. White Tuscarora Greens Hertford 36.22.43 76.54.46 20.80 12-5 Douglas R. White Tuscarora Greens Hertford 36.22.33 76.54.41 5.00 12-6 Douglas R. White Tuscarora Greens Hertford 36.22.55 76.54.52 14.80 23-1 Johnny Powell Hertford 36.17.01 76.44.02 22.60 23-2 Johnny Powell Hertford 36.16.42 76.45.12 18.50 13 ATTACHMENT B -implication Areas Covered by this Permit Permit No. W00012404 Version 2.5 CF Industries, Inc. - Tunis, NC Facility LandAnnlication of Nitrogen -Enriched Groundwater Site/Field ID Landowner Lessee/Operator County Latitude Longitude Net Acreage 23-3 Thaddeus F. Scott Johnny Powell Hertford 1 36.17.46 76.45.44 37.40 23-4 Thaddeus F. Scott Johnny Powell Hertford 36.17.55 76,45.44 21.20 23-5 Johnny Powell Hertford 36.18.19 76.47.17 22.20 23-6 Johnny Powell Hertford 36.18.02 76,50.25 19.90 23-7A Johnny Powell Hertford 36.17.42 76.49.32 32.30 23-7B Johnny Powell Hertford 36.18.03 76.49.10 13.20 23-8 Johnny Powell Hertford 36.17.12 76.53.00 16.40 23-9 Johnny Powell Hertford 36.19.50 76.51.05 13.50 23-10 Johnny Powell Hertford 36.20.26 76.49.47 14.70 23-11 Johnny Powell Hertford 36.27.10 76.54.20 6.60 23-12 Johnny Powell Hertford 36.22.17 76.54.50 26.30 23-13 Johnny Powell Hertford 36.21.38 76.54.02 18.80 23-14 Johnny Powell Hertford 36,21.46 76.54 23 11.70 23-15 Johnny Powell Hertford 36.22.38 76,56.02 8.90 23-16 Johnny Powell Hertford 36.18.35 . 76.55.42 44.00 24-2 Chester Powell Hertford 36.19.15 76.50.40 14.60 24-3 Chester Powell Hertford 36.19.28 76.50.34 8.00 24-4 Chester Powell Hertford 36.18.56 76.48.52 10.00 24-5 Chester Powell Hertford 36.18.43 76.48.52 9.00 24-6 Chester Powell Hertford 36.20.24 76.51.54 9.80 24-7 Chester Powell Hertford 36.20.17 76.51.46 1.10 24-8 Chester Powell Hertford 36.15.50 76.56.33 5.70 24-9 Chester Powell Hertford 36.15.50 76.53.54 12.70 24-10 Chester Powell Hertford 36.18.04 76,43.20 5.60 24-11 Chester Powell Hertford 36.18.09 76.43.13 9.70 24-12 Chester Powell Hertford 36,18.09 76.43.13 13.70 24-13 Chester Powell Hertford 36.15.23 76.49.06 12.80 25-1 Tommy Castelow Hertford 36.21.58 76.53.54 33.50 25-2 Tonuny Castelow Hertford 36.19.46 76.49.06 5.10 25-3 Tommy Castelow Hertford 36.20.02 76.49.03 31.20 254 Tommy Castelow Hertford 36.20.17 76.49.02 28.70 25-5 Tommy Castelow Hertford 36.20.09 1 76.48.42 16.70 14 ATTACHMENT B - Application Areas Covered by this Permit Permit No. WQ0012404 Version 2.5 CF Industries, Inc. - Tunis, NC Facility Land Application ofNitropen-Enriched Groundwater Site/Field ID Landowner Lessee/Operator County Latitude Longitude Net Acreage 25-6 Tommy Castelow Hertford 36.20.00 76.47.36 23.50 25-7 Tommy Castelow Hertford 36.21.16 76.47.38 12.30 25-8 Tommy Castelow Hertford 36 20.43 76.54.05 11.00 25-9 Tommy Castelow Hertford 36.20.37 76,54,01 31.40 25-10 Tommy Castelow Hertford 36.20.26 76.54.07 9.90 25-11 Tommy Castelow Hertford 36.20 25 76,5413 4.80 25-12 Tommy Castelow Hertford 36.20.01 76.54 28 32.80 26-1 Beechwood Country Club Hertford 36.21.58 77.00.38 8.00 26-2 Beechwood Country Club Hertford 36.21.53 77.00.47 9.90 26-3 Beechwood Country Club Hertford 36.21.37 77.00.37 6.70 26-4 Beechwood Coun Club Hertford 36.21.43 77,00.01 18.00 Total for County I Hertford 3087.60 15-1 J. Elliot Ste henson Northampton 36.28.42 77.26.06 16.60 15-2 J. Elliot Stephenson Northampton 36.28.31 77.25.43 26.00 15-3 J. Elliot Stephenson Northampton 36.2819 77.26.06 34.80 15-4 J. Elliot Stephenson Northampton 36.25.47 77.25.26 41.30 15-5 J. Elliot Stephenson Northam ton 36.26.06 77 25.40 67.80 15-6 J. Elliot Stephenson Northampton. 36.26.17 77.25.44 36,00 15-7 J. Elliot Stephenson Northampton 36.26.12 77.24.48 7.10 15-8 J. Elliot Stephenson Northampton 36.26.29 77.28.39 28.30 15-9 J. Elliot Stephenson Northampton 36 26.49 77.26.39 11.90 15-10 J. Elliot Stephenson Northampton 36.51 21 77.26.21 14.00 15-11 J. Elliot Stephenson Northampton 36.26.44 77.26.25 12.70 15-12 J_ Elliot Stephenson Northam ton 36.26,09 77,26.36 6.20 15-13 J. Elliot Stephenson Northampton 36.26.03 77.26.25 16.00 15-14 J. Elliot Stephenson Northam tan 36.26.21 77.26.07 17.90 15-15 J. Elliot Stephenson Northampton 36.28.18 77.25.54 22.30 15-16 J. Elliot Stephenson Northampton 36.28.24 77.25.41 21.40 15-17 J. Elliot Stephenson Northampton 36 28.09 77.25.52 31.70 18-1 Thomas Williams Northampton 36.29.41 77,07.55 9.00 18-2 Thomas Williams Northampton 36.29.52 1 77.09.03 1 11.60 15 ATTACHMENT B - Application Areas Covered bar this Permit Permit No. W00012404 Version 2.5 CF Industries, Ina - Tunis, NC Facility Land Avnlication of Nitrogen Enriched Groundwater Site/Field ID Landowner Lessee/Operator County Latitude Longitude Net Acreage 19-1 W C.C. Woodard Northampton 36.30.46 77.20.27 27.00 19-2W C.C. Woodard Northampton 36.40.47 77.20.48 21.40 19-3W C.C. Woodard Northampton 36.30.36 77 20.56 70.50 19-4W C.C. Woodard Northampton 36.30.27 77.20.45 70.40 19-5W C.C. Woodard Northampton 36.30.18 77.20.50 11.20 19-6W C.C. Woodard Northam ton 36,30.32 77.20.33 16.50 19-7W C.C. Woodard Northampton 36.30.18 77.20.20 81.20 19-8W C.C. Woodard Northampton 36.30.15 77.20.29 11.10 19-9W C.C. Woodard Northampton 36.30.35 77.20.21 6.30 19-IOW C.C. Woodard Northampton 36,31.25 77.20.54 3.90 19-11W C.C. Woodard Northampton 36.31.28 77.20.44 29.50 19-12W C,C. Woodard Northampton 36.31,43 77.2025 4.20 19-13W C.C. Woodard Northampton 36.31.12 77.20.10 5.00 19-14W C.C. Woodard Northampton 36.31.19 77.20.10 6.20 19-15W C.C. Woodard Northampton 36,31.26 77.20.10 5.90 19-1G C.C. Woodard Northam ton 36.32.09 77.21.07 37.40 19-2G C.C. Woodard Northampton 36.32.17 77.21.22 13.60 19-3G C.C. Woodard Northampton 36.32.26 77.21.03 36.20 19-4G C.C. Woodard Northampton 36.32.43 77.20.57 42.50 19-5G C.C. Woodard Northampton 36.32.39 77.21.13 20.80 21-1 C.G. Perry Northam ton 36.25.48 77.20.07 18.00 21-2 C.G. Perry Northampton 36.25.39 77.20.45 28.40 21-3 C.G. Perry Northampton 36.25.38 77.20.17 1090 21-4 C.G. Perry Northampton 36.25.29 77.20.34 1.50 21-5 C.G. Perry Northampton 36.25.31 77.20.37 7.20 21-6 C.G. Perry Northampton 36.25.26 77.20.31 4.00 21-7 C.G. Perry Northampton 36.25 25 7720.25 4.60 21-8 C.G. Perry Northampton 36.25.12 77.20.28 46.50 21-10 C.G. Perry Northampton 36.23.41 77.24.16 36.20 21-11 C.G. Perry Northam tan 36.27.57 7725.57 28.70 21-13 C.G. Perry Northampton 36.27.40 77 25.35 15.20 21-14A C.G. Perry Northampton 36.27.28 77 25.40 12.80 16 ATTACHMENT B - Application Areas Covered by this Permit Permit No. W00012404 Version 2.5 CF Industries, Inc. - Tunis, NC FacilioJ Land AwLication ofNitrozen-Enriched Groundwater Site/Field ID Landowner Lessee/Operator County Latitude Longitude Net Acreage 21-14B C.G. Perry Northampton 36.27.34 77.25.39 17.10 21-15 C.G. Perry Northampton 36.27.34 77 25.16 16.80 21-16 C.G. Perry Northampton 36.27.28 77.25.16 4.50 21-17 C.G. Perm Northampton 36.25.40 77.21.08 3.60 21-18 C.G. P5n Northampton 36.25.28 7721.13 5.30 21-20 C.G. Periy Northampton 36.25.23 77.21.12 3.40 21-21 C.G. Peny Northampton 36 25.34 77.21.02 26.40 21-22 C.G. Perry Northampton 36.25.25 77.21.02 4.70 22-1 Charles J. Stephenson Northam ton 36.27.24 77.24.58 22.60 22-2 Charles J. Stephenson Northampton 36.27.21 77 24.49 18.50 22-3 Charles J. Stephenson Northam ton 36.27.17 77.24.38 10.50 22-4 Charles J. Stephenson Northampton 36.26.56 77.24.31 9.80 • 22-5 Charles J. Stephenson Northam ton 36 25.44 77.23.58 6.00 Total for County Northampton 1316.60 Total far Permit 4404.20 17 ATTACHMENT C - GROUNDWATER LIMITATIONS AND MONITORIN G REQUIREMENTS Permit No. WQ0012404 Version 25 CF Industries. Inc. Site 11 Monitor Wells C--22, C-23, C-28, C-29, C-32, C-33, MWI-3, MWI-4 and MWI-6 Site 11 Piezometers PI-11. PO-12. PI-2 and PO-236 Parameter Limits Monitoring Require ents Daily Daily Units Frequency Measurement Footnotes Maximum Minimum Water level, distance from feet 4 x year Calculated I measuring point - 82546 1. 4 x year monitoring shall he in January. April, July, and October. is jai �m V f PI-i ® RW-2 C-23 &, �- . Sir I . RW-3R 0 32W 5 N H]WI-1 a PI.S :- RW-111.0 - PW7 PW-6tu e, r c PIA 01 k W-4R - r i. RW-8 s Lu r, - - /Mvr:a 0 n PI 8 n \ N' tu ry 51 j^ igmm2 LEGEND I ^' t 0E.7 Mrin-T MONITOR WELL ° b a - PO4 .. - i{ a PIEZOME-fER ' •.-„ ;� a .. ,� `4?, - i n i ® RECOVERY WELL ;� n a p41p f' pl4 Pi•1d 5 NOTE: a ci PtS 9 ' PIEZOMETERS PI-1 8 THRU PI 21 ARE :5 z Q rn Cd ,.` "•- ,N - - GROUPED NEAR RECOVERY WELL RW-1. Z x O Z. Pt-24 r z - Rg'-` ':aiy„ - O w e"' a ,v,p.UiS•�s - ctii P1•13f3 ' , •. h Pt-23- _ PI.17 GRAPHIC SCALE fN FEET ) (FIGURE 1 _ C F INDUSTRIES LAND APPLICTION OF NITROGEN -ENRICHED GROUND WATER HERTFORD COUNTY W 0012404 SITE MAP SHOWING LOCATIONS OF MONITORING WELLS AND PIEZOMETERS State of North Carolina Department of Environment and Natural Resources Division of Water Quality LANDOWNER AGREEMENT ATTACHMENT FOR CF INDUSTRIES, INC. Nitrogen Enriched Groundwater is generated by a groundwater recovery system located at the former Farmers Chemical site in Cofield, NC. The groundwater recovery system is composed of nine recovery wells with a transfer pump station and a one million gallon storage basin with a groundwater transfer and loading system with dual loading bays for tanker trucks. The recovered Nitrogen Enriched Groundwater contains a nitrogen value for application as a nitrogen fertilizer, and is permitted by the Division of Water Quality (Permit WQ0012404) for bulk distribution. This agreement is to allow the distribution of Nitrogen Enriched Groundwater onto properties whose owner is herein giving written consent for the responsible application of this resource. INSTRUCTIONS TO THE APPLICANT: A. Prepare a separate attachment form for each landowner other than the applicant. A copy of the completed and appropriately executed attachment form must be provided to the landowner and the lessee/operator. B. If the landowner wishes to exclude certain fields from use, a list of excluded fields along with a description of the excluded areas, shall be attached to this Agreement. AGREEMENT FOR THE LAND APPLICATION OF NITROGEN ENRICHED GROUND WATER TO LAND APPLICATION SITES NOT OWNED BY THE PERMITTEE The undersigned landowner or his representative hereby permits: CF Industries, Inc. 4 Parkway North, Suite 400 Deerfield, Illinois 50015-2590 Telephone (847) 405-2439 E-mail jfosterr.cfindustries.com hereinafter referred to as the Permittee, to land apply nitrogen -enriched ground rater, as defined above, to be applied onto sites owned by the undersigned landowner in the following counties: in accordance with the stipulations and restrictions as given in this Agreement, provided the Permittee and the lessee (if required) of the site agree to meet the requirements of, and follow, the Lessee Agreement Attachment prepared by the Division of Water Quality. The following fields shall be excluded from this agreement (List fields by parcel #, specific location, or other identifying manner, as well as County name. Indicate "not applicable" if there are no fields to exclude. Attach separate list if provided space in insufficient): The lessee, the landowner or his representative receives, in consideration, full use of the nutrient value of the applied nitrogen enriched ground water while the Permittee receives, in consideration, the use of the land application site(s) described below for the beneficial use of the nitrogen enriched ground water. This Agreement shall remain in effect for the length of the Division's permit for the nitrogen enriched ground water land application program and shall be automatically renewed each time this permit is renewed. FOILUi: CF Industries LOAA 110913 Parre 1 of; Attachment D I. STIPULATIONS: 1. This Agreement shall be binding on the grantees, the successors, and assigns of the parties hereto with reference to the subject matter of this Agreement. 2. Notification of cancellation of this Agreement for any or all approved sites shall be immediately forwarded to NCDENR-DWQ, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. Telephone (919) 733-3221. 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 site(s) at any reasonable time for the purpose of determining compliance with the Division's nitrogen enriched ground water land application program 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. LANDOWNER RESPONSIBILITIES 4. The landowner or his representative authorizes the Permittee, local officials, and State officials or their representatives to take necessary soil, surface water, and groundwater samples during the term of, and for 12 months after termination of, this Agreement. S. The landowner or his representative shall not enter into any additional waste disposal contracts or agreements with another municipality, contractor, or other permitted entity for the land application site(s) specified by this Agreement. The land application of any additional nitrogen enriched ground water or waste, other than that generated by the nitrogen enriched ground water source -generating facilities specified by the Division's nitrogen enriched ground water land application program permit, is prohibited. 6. The landowner or his representative will furnish the Permittee with information regarding the amount and analysis of other sources of nutrients (e.g., fertilizer, unregulated animal waste, etc.) that have been applied to the land application site(s). For fields operated by a lessee, the lessee will supply this information for the landowner in accordance with the Lessee Agreement. 7. The landowner or his representative will inform the Permittee of any revisions or modifications to the intended use and cropping patterns for the land application site(s) prior to each planting season to enable the Permittee to amend this Agreement and schedule nitrogen enriched ground water land application events at appropriate periods. For fields operated by a lessee, the lessee will supply this information for the landowner in accordance with the Lessee Agreement. 8. The landowner or his representative hereby authorizes the Permittee, local officials, and State officials or their representatives to inspect the land application site(s) prior to, during, and after any nitrogen enriched ground water land application event and to established monitoring facilities on or near the land application site(s) as required by the nitrogen enriched ground water land application program permit. PERMITTEE RESPONSIBILITIES Prior to the land application of Nitrogen Enriched Groundwater, the Permittee shall enter into an agreement with the lessee that includes the following conditions. 9. The Permittee must request and obtain a permit modification from the Division prior to a transfer of the land application site(s) to a new landowner. The request shall contain the appropriate forms and agreements. In addition, the current landowner shall give a notice to the new landowner that gives full details of the nitrogen enriched ground water applied at the land application site(s). 10. The Permittee has provided the landowner or his representative with information and data concerning the nitrogen enriched ground water land application program, including an analysis of constituents of the nitrogen enriched ground water, nitrogen enriched ground water application methods, schedules for typical cropping patterns, and a description of the equipment used by the Permittee. 11. The Permittee shall provide the landowner or his representative with a copy of the nitrogen enriched ground water land application program permit that has been most -recently issued by the Division prior to commencement of any nitrogen enriched ground water land application event. This permit will specify limitations and other restrictions prescribed by the laws and regulations. 12. For fields leased for operation by a third parry, the Permittee will obtain a si_ned Lessee Agreement for all sites approved under this agreement prior to the application of Nitrogen Enriched Groundwater to those sites. FORM: CF industries LOAA 110913 Page 2 of 3 Attachment D 13. Within the limits of the Division's nitrogen enriched ground water land application program permit, the Permittee will determine nitrogen enriched ground water application rates and schedules based on crop patterns and the predominant soil series of each respective field. In no case shall more Nitrogen Enriched Groundwater be applied than was requested by the landowner, his representative, or by the lessee. 14. Specific nitrogen enriched ground water land application area boundaries shall be clearly marked on the land application site(s) by the Permittee and/or his representative prior to and during a nitrogen enriched ground water land application event. 15. The Permittee shall provide an annual summary of the application activities to the owner each year. In the event there is no activity on a site during a given year, the annual summary document is not required to be provided to the owner. H. ALTERNATIVES FOR WATER SUPPLY WELLS INSIDE THE COMPLIANCE 13OUNDARY: 15A NCAC 02L .0107(d) prohibits water supply wells within the compliance boundary of any site . However, 15A NCAC 02T .0105(h) allows the compliance boundary to be placed closer to the waste disposal area, such that the water supply well is situated outside of the compliance boundary provided the groundwater standards can be met at the newly -established compliance boundary. Please mark one of the following; ❑ A re -defined compliance boundary is needed for field(s) ID. (Please include the rationale for the requested re -location of the compliance boundary and attach a map showing the newly proposed compliance boundary to the application package) ❑ A re -defined compliance boundary is approved as part of this agreement. Landowner's Certification: ❑ 1 certify that I am a deeded landowner of the above -referenced land application site(s) and ant authorized to make decisions regarding the use of the land application site(s) on behalf of other deeded landowners OR that I am otherwise authorized, through a power of attorney or other legal delegation, to make decisions regarding the use of the land application site(s) on behalf of the deeded landowners. I certify that I have read this Agreement, understand the stipulations, alternatives for water supply wells inside the compliance boundary, and restrictions, and do hereby grant permission to the Permittee to land apply nitrogen enriched ground water to the land application site(s) as specified herein. This document shall be used in conjunction with the Lessee Agreement Attachment form (FORM: LAA 110630), which describes the responsibilities and obligations of the leasing party(s). Landowner name: Landowner address: City: State: Zip: Home/business phone: Cell phone: Signature: Date: Pernuttee's Certification: ❑ I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein. Signing official name: Signature: *** END OF FORM: LOAA *** Date: FORA: Ci= Industries LO AA 110913 Pa;Te = of- Attachmen. D State of North Carolina Department of Environment and Natural Resources Division of Water Quality LESSEE AGREEMENT ATTACHMENT FOR CF INDUSTRIES, INC. Nitrogen Enriched Groundwater is generated by a groundwater recovery system located at the former Farmers Chemical site in Cofieid, NC. The groundwater recovery system is composed of nine recovery wells with a transfer pump station and a one million gallon storage basin with a groundwater transfer and loading system with dual loading bays for tanker trucks. The recovered Nitrogen Enriched Groundwater contains a high nitrogen value for application as a nitrogen fertilizer, and is permitted by the Division of Water Quality (Permit WQ0012404) for bulk distribution. This agreement is to allow the distribution of Nitrogen Enriched Groundwater onto properties whose lessees are herein giving written consent for the responsible application of this resource. INSTRUCTIONS TO THE APPLICANT: A. Prepare a separate attachment form for each set of land application sites that are owned by a landowner and operated by a lessee/operator (i.e., if applicable) other than the applicant. ✓ A copy of the completed and appropriately executed attachment form must be provided to the lessee/operator. AGREEMENT FOR THE LAND APPLICATION OF NITROGEN ENRICHED GROUND WATER TO PRIVATELY OWNED LAND APPLICATION SITES The undersigned landowner or his representative hereby permits: CF Industries, Inc. 4 Parkway North, Suite 400 Deerfield, Illinois 60015-2590 Telephone (847) 405-2439 E-mail jfosterZefindustries.com hereinafter referred to as the Permittee, to land apply nitrogen -enriched ground water, as defined above, to be applied onto the sites listed in the following site list, which includes the identification information for the field, its approximate acreage, the county, the owner, the intended crops, and the intended use or deposition of the crops in accordance with the stipulations and restrictions as given in this Agreement. The lessee, the landowner or his representative receives, in consideration, full use of the nutrient value of the applied nitrogen enriched ground water while the Permittee receives, in consideration, the use of the land application site(s) described above for the beneficial use of the nitrogen enriched ground water. This Agreement shall remain in effect for the length of the Division's permit for the nitrogen enriched ground water land application program. The undersigned lessee or his representative and the Permittee agree to abide with the following restrictions and stipulations until such time as written notification, given 30 calendar days in advance, modifies or cancels this Agreement. FORM: CF lndusuies LAA 110914 Page 1 of - Attachment E I. STIPULATIONS: 1. This Agreement shall be binding on the grantees, the successors; and assigns of the parties hereto with reference to the subject matter of this Agreement_ 2. 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 site(s) at any reasonable time for the purpose of determining compliance with the Division's nitrogen enriched ground water land application program 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. LESSEE RESPONSIBILITIES 3. The lessee or his representative shall not enter into any additional waste disposal contracts or agreements with another municipality, contractor, or other permitted entity for the land application site(s) specified by this Agreement. The land application of any additional nitrogen enriched ground water or waste, other than that generated by the nitrogen enriched ground water source -generating facilities specified by the Division's nitrogen enriched ground water land application program permit, is prohibited. 4. Should the lessee or his representative lease or otherwise permit the use of the land application site(s) by a third parry, the lessee shall be responsible to ensure that the third parry agrees and complies with the terms and conditions of this Agreement. 5. The lessee or his representative will furnish the Permittee with information regarding the amount and analysis of other sources of nutrients (e.g., fertilizer, unregulated animal waste, etc.) that have been applied to the land application site(s). 6. The lessee or his representative will inform the Permittee of any revisions or modifications to the intended use and cropping patterns for the land application site(s) prior to each planting season to enable the Permittee to amend this Agreement and schedule nitrogen enriched ground water land application events at appropriate periods. 7. The lessee or his representative recognizes that the land owner has authorized the Permittee, local officials, and State officials or their representatives to inspect the land application site(s) prior to, during, and after any nitrogen enriched ground water land application event and to established monitoring facilities on or near the land application site(s) as required by the nitrogen enriched ground water land application program permit. 8. The lessee or his representative authorizes the Permittee, local officials, and State officials or their representatives to take necessary soil, surface water, and groundwater samples during the term of, and for 12 months after termination of, this Agreement. PERMITTEE RESPONSIBILITIES 9. The Permittee has provided the lessee or his representative with information and data concerning the nitrogen enriched ground water land application program, including an analysis of constituents of the nitrogen enriched ground water, nitrogen enriched ground water application methods, schedules for typical cropping patterns, and a description of the equipment used by the Permittee. 10. The Permittee shall provide the lessee or his representative with a copy of the nitrogen enriched ground water land application program permit that has been most -recently issued by the Division prior to commencement of any nitrogen enriched ground water land application event. This permit will specify maximum application rates, limitations, and other restrictions prescribed by the laws and regulations. 11, Within the limits of the Division's nitrogen enriched ground water land application program permit, the Permittee will determine nitrogen enriched ground water application rates and schedules based on crop patterns and the predominant soil series of each respective field. In no case shall more Nitrogen Enriched Groundwater be applied than was requested by the lessee. 12. Specific nitrogen enriched ground water land application area boundaries shall be clearly marked on the land application site(s) by the Permittee or his representative prior to and during a nitrogen enriched ground water land application event. 13. The Permittee shall provide an annual summary of the application activities to the lessee each year. In the event there is no activity on a site during a given year, the annual summary document is not required to be provided to the lessee. 14. The Permittee shall provide the lessee a copy of the signed Landowner Agreement Form prior to entering into this agreement. FORM: CF Industries LAA 110914 Page 2 of 3 Attachment E Field Ills Field Location Information Approx. Acreage Countv Owner Intended Crops and Crop Use ' Field ID number must correlate to the field ID number to be included in the DWQ permit. If the field ID number is not available at the time of completion of this agreement, they may be left blank, and may be added by the Permittee prior to submittal of the agreement to the Division. Lessee's/Operator's Certification.: ❑ I certify that I have read this Agreement and do hereby agree to abide by the stipulations and restrictions as specified herein. ❑ I certify that I have received a copy of the signed Landowner Agreement Form authorizing use of the fields covered in this agreement for the application of Nitrogen Enriched Groundwater. Lessee/operator name: _ Lessee/operator address: Citv: Homelbusiness phone: _ Signature: State: Cell phone: Zip: Date: Permittee's Certification: ❑ I certify that I have read this Agreement and do hereby agree: to abide by the stipulations and restrictions as specified herein. Signing official name: Signature: *** END OF FORM: LAA ` Date: FORM: CF Industries LAA 110914 Pau: S of= Attachment E