WQ0012404_Final Permit_20160125

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
January 25, 2016
JOHN A. FOSTER—MANAGER
CF NITROGEN, INC.
4 PARKWAY NORTH — SUITE 400
DEERFIELD, ILLINOIS 60015-2590
Dear Mr. Foster:
Subject: Permit No. W00012404
CF Nitrogen, Inc.
CF Nitrogen Site in Tunis, NC
Land Application of Nitrogen -
Enriched Ground Water
Hertford County
In accordance with your permit renewal request received June 22, 2015, and subsequent additional
information received January 4, 2016 and January 11, 2016, we are forwarding herewith Permit No.
WQ0012404 dated January 25, 2016, to CF Nitrogen, Inc. for the continued operation of the subject
nitrogen -enriched ground water land application program.
This permit shall be effective from the date of issuance until December 31, 2020, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements listed in Attachments A, B and C for they may differ from the previous permit
issuance. Failure to establish an adequate system for collecting and maintaining the required operational
information shall result in future compliance problems.
Please note the following permit conditions have been removed since the last permit issuance
dated December 9,2011:
➢ Old Conditions II.1. & II.2. — These conditions are inherently covered under new Condition
111.1.
➢ Old Conditions III.3. & IIIA. — These conditions are inherently covered under new Condition
III.5.
➢ Old Conditions III.5, 6 & 7 — These conditions are inherently covered under new Condition
IIL,7., which describes conditions which prohibit the application of nitrogen -enriched ground
w*er.
l
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Nan -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6464

Mr. John A. Foster
January 25, 2016
Page 2 of 2
Please note the following permit conditions are new since the last permit issuance dated
December 9,2011:
➢ Condition I.3. —This condition requires the submission of an Operation and Maintenance Plan.
➢ Condition III.2. — This condition requires the maintenance of an Operation and Maintenance
Plan.
➢ Condition III.4. —This condition requires the presence of copies of the permit and the Operation
and Maintenance manual whenever an application event takes place.
➢ Condition VI.6. — This condition allows the permit to be revoked or modified under certain
circumstances.
➢ Condition VI.7. — This condition prohibits the expansion of the facilities if certain conditions
are present.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
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, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this permit, please contact David Goodrich at (919)
807-6352 or david.goodrichna ncdenr.gov.
Sincerely,
S. Jay Zimmerman, P .G., Direct
Division of Water Resources
cc: Berne County Health Department (Electronic Copy)
Hertford County Health Department (Electronic Copy)
Northampton County Health Department (Electronic Copy)
Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files

I.
NORTH CAROLINA
I s1►\'/ I V\ Au / /_�!! �1�71 s1►Y Y
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
LAND APPLICATION OF NITROGEN -ENRICHED GROUND WATER
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 Nitrogen, Inc.
Hertford County
FOR THE
continued operation of a nitrogen -enriched groundwater recovery system for CF Nitrogen, Inc. and
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 of a nitrogen -
enriched ground water land application program consisting of the application of up to 20,000,000 gallons
per year of nitrogen -enriched ground water from the CF Nitrogen site in Tunis, NC; and all associated
piping, valves, control and appurtenances
to the approved sites listed in Attachment B in nearby counties with no discharge of wastes to surface
waters, pursuant to the application for permit renewal received June 22, 2015, and subsequent additional
information received by the Division of Water Resources, and in conformity with other supporting data
subsequently filed and approved by the Department of Environmental Quality and considered a part of this
permit. Additional land can be included into the program upon execution of the Landowner Agreement and
Lessee Agreement attached to this permit. This permit does not exempt the Permittee from complying with
the federal regulations.
This permit shall be effective from the date of issuance until December 31, 2020 shall void Permit No.
WQ0012404 issued December 9, 2011, and shall be subject to the following specified conditions and
limitations:
The nine monitoring 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 monitoring
well identification number shall be completed for each well abandoned and mailed to the Division of
Water Resources, Water Quality Permitting Section, Non -Discharge Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617. 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. [15A NCAC 02C .0113, 02T .0108(b)(2)]
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2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application.
[15A NCAC 02T .0108(b)(2), 02T .105(d), 02T.0109]
3. The Permittee shall submit the Operation and Maintenance (O&M) plan as required in Condition 111.4.
to the Division within 90 days of the effective date of this permit. [15A NCAC 02T .0108(b)(2)]
H. PERFORMANCE STANDARDS
1. The subject nitrogen -enriched ground water land application program shall be effectively maintained
and operated at all times so there is no discharge to surface waters, nor any contravention of
groundwater or surface water standards. In the event the facilities fail to perform satisfactorily,
including the creation of nuisance conditions due to improper operation and maintenance, the Permittee
shall immediately cease land applying nitrogen -enriched ground water to the approved application area,
contact the appropriate regional office supervisor, and take any immediate corrective actions. [G.S.
143-215.1]
2. The nine monitoring wells (C-22, C-23, C-28, C-29, C-32, C-33, MWI-3, MWI-4, and MWI-6) and
four piezometers (PI -2, PI -11, PO -12 and PO -236) 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 monitoring
well identification number shall be completed for each well abandoned and mailed to the Division of
Water Quality, Water Quality Permitting Section, 1617 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 [phone], 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 Water Quality Regional Operations 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. [15A NCAC 02C .0113, .0108]
3. This permit shall not relieve the Permittee of responsibility for damages to groundwater or surface
water resulting from the operation of this program. [ 15A NCAC 02B .0200, 02L .0100]
4. Only the land application sites owned by individuals or corporations who have signed a completed
Landowner Agreement Attachment and, if applicable, a Lessee Agreement Attachment, are approved
to receive nitrogen -enriched ground water as a nitrogen amendment for crop growth. A completed
Landowner Agreement and Lessee Agreement (see Attachments D and E) must be kept on file by the
Permittee and available for inspection. The appropriate Attachments (FORM: CF Industries LOAA
01072016 for landowners and FORM: CF Industries LAA 01072016 for lessees) will be signed and
submitted to the Division as part of the residuals annual report. [15A NCAC 02T .0108(b)(1)]
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5. Setbacks for the application areas shall be as follows:
Setback Description
Setback
(feet)
Private or public water supply
100
Surface waters (streams — intermittent and perennial, perennial waterbodies, and
100
wetlands
Surface water diversions (ephemeral streams, waterways, ditches)
25
Groundwater lowering ditches (where the bottom of the ditch intersects the
25
SHWT)
Wells with exception to monitoring wells
100
Bedrock outcrops
25
[15A NCAC 02T.11081
6. Land application areas shall be clearly marked on each site prior to and during any nitrogen -enriched
groundwater application event. [15A NCAC 02T .0108(b)(1)]
7. Nitrogen -enriched ground water and other sources of Plant Available Nitrogen (PAN) shall not be
applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using
expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any
of the following methods:
a. Division's pre -approved site specific historical data for specific crop or soil types by calculating
the mean of the best three yields of the last five consecutive crop harvests for each field.
b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State
University Department of Soil Science (hM://nutrients.soil.ncsu.edu/vields/index.php . A copy
shall be kept on file and reprinted every five years in accordance with Condition IV.6.
c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE
and appropriate nutrient application rates reported in any of the following documents:
i. Crop management plan as outlined by the local Cooperative Extension Office, the North
Carolina Department of Agriculture and Consumer Services, the Natural Resource
Conservation Service, or other agronomist.
ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance
Document: Chapter 1
(hilp://www.ncagr.eov/SWC/tech/documents/9th Guidance Doc 100109.pd
iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation
Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management
Standards (ftp: ftp-fc sc egov usda gov/NHO/practice-standards/standards/590 pdfl
d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall
contact the Division to determine necessary action.
[15A NCAC 02T .I 109(b)(1)(k)]
8. If land application sites are to be over -seeded or double -cropped (e.g., Bermuda grass in the summer
and rye grass in the winter with both crops to receive nitrogen -enriched ground water), then the second
crop can receive an application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr).
This practice may be allowed as long as the second crop is to be harvested or grazed. If the second
crop is to be planted for erosion control only and is to be tilled into the soil, then no additional PAN
shall be applied [15A NCAC 02T .0108(b)(1)]
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9. The use of 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. [15A NCAC 02T .0108(b)(1)]
10. These nitrogen -enriched ground water application sites were individually permitted on or after
December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the
residual land application area, or 50 feet within the property boundary, whichever is closest to the
nitrogen -enriched ground water application area. An exceedance of groundwater standards at or
beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L
.0106(d) (2) as well as enforcement actions in accordance with North Carolina General Statute 143-
215.6A through 143-215.6C. Any approved relocation of the COMPLIANCE BOUNDARY will be
noted in Attachment B. [15A NCAC 02L .0107(a)]
11. The review boundary shall be established midway between the compliance boundary and the nitrogen -
enriched ground water application area. Any exceedance of groundwater standards at the review
boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0108]
M. OPERATION AND MAINTENANCE REQUIREMENTS
The land application program shall be properly maintained and operated at all times. The program shall
be effectively maintained and operated as a non -discharge system to prevent any contravention of
surface water or groundwater standards. [15A NCAC 02T .1110]
2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan). Modifications
to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan,
which pertains primarily to the land application equipment used at land application fields will, at a
minimum, include:
a. Operational functions that include the replacement or rehabilitation of recovery well components;
b. Maintenance schedules;
c. Safety measures;
d. Spill response plan;
e. Inspection plan including the following information:
i. Names and/or titles of personnel responsible for conducting the inspections;
ii. Frequency and location of inspections, including those to be conducted by the ORC, and
procedures to assure that the selected location(s) and inspection frequency are representative
of the residuals management program;
iii. Detailed description of inspection procedures including record keeping and actions to be taken
by the inspector in the event that noncompliance is observed pursuant to the noncompliance
notification requirements under the monitoring and reporting section of the permit;
f. Sampling and monitoring plan including the following information:
i. Names and/or titles of personnel responsible for conducting the sampling and monitoring;
ii. Detailed description of monitoring procedures including parameters to be monitored;
iii. Sampling frequency and procedures to assure that representative samples are being collected.
[15A NCAC 02T. I 100]
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3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the facility, the Permittee shall designate and employ a certified operator in responsible
charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC
08G.020 1. The ORC or his back-up shall visit the land application sites in accordance with 15A NCAC
08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III. 2.), and
shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding
classification and designation requirements, please contact the Division of Water Resources' Protection
and Enforcement Branch at [phone]. [ 15A NCAC 02T .0117]
4. When the Permittee land applies nitrogen -enriched ground water, a copy of this permit and a copy of
O&M Plan shall be maintained at the land application sites during land application activities. [15A
NCAC 02T .0108(b)(1)]
5. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying
nitrogen -enriched ground water from the surface disposal sites or storage sites onto adjacent properties
or into surface waters. [ 15A NCAC 02T .I 109(c)(2)(C)]
6. With the exception of Site 11, no nitrogen -enriched ground water shall be stored at any land application
site, unless written approval has been requested and received from the Division. [G.S. 143-215.1]
Temporary storage in a 12,000 gallon tanker trailer at a specific land application site may be maintained
only daring the application process. [15A NCAC 02T .0108(b)(1)]
7. Nitrogen -enriched ground water shall not be land applied under the following conditions:
a. If the nitrogen -enriched ground water is likely to adversely affect a threatened or endangered
species listed under section 4 of the Endangered Species Act or its designated critical habitat;
b. If the application causes prolonged nuisance conditions;
c. If the land fails to assimilate the nitrogen -enriched ground water 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
nitrogen -enriched ground water would occur;
e. Within the 100 -year flood elevation, unless the nitrogen -enriched ground water is injected or
incorporated within a 24-hour period following a residuals land application event;
f During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours
following a rainfall event of 0.5 inches or greater in a 24-hour period;
g. If the slope is greater than 10% for surface applied nitrogen -enriched ground water, or if the slope
is greater than 18% for injected or incorporated nitrogen -enriched ground water;
h. If the land does not have an established vegetative cover unless the nitrogen -enriched ground water
is incorporated or injected within a 24-hour period following a nitrogen -enriched ground water
application event. Any field that is in a USDA no -till program shall be exempted from meeting this
vegetative cover requirement;
L If the vertical separation between the seasonal high water table and the depth of residuals
application is less than one foot;
j. If the vertical separation of bedrock and the depth of residuals application is less than one foot;
k. Application exceeds agronomic rates.
[15A NCAC 02T.1109]
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8. 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 01072016 for landowners
and FORM: CF Industries LAA 01072016 for lessees) will be signed and submitted to the Division as
part of the residuals annual report. [15A NCAC 02T .1104(c)(4)]
9. 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 01072016)
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,
Water Quality Regional Operations 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 01072016). [15A NCAC 02T .1104(c)(4)]
IV. MONITORING AND REPORTING REOUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses)
necessary to ensure groundwater and surface water protection shall be established, and an acceptable
sample reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. The nitrogen -enriched ground water shall be analyzed to demonstrate they are non -hazardous under the
Resource Conservation and Recovery Act (RCRA). Nitrogen -enriched ground water that tests or is
classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be used or disposed under this
permit. The analyses [corrosivity, ignitability, reactivity, and toxicity characteristic leaching
procedure (TCLP)] shall be performed at the frequency specified in Attachment A, and the Permittee
shall maintain these results for a minimum of five years. Any exceptions from the requirements in this
condition shall be specified in Attachment A.
The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter
is in parentheses):
Arsenic (5.0)
1,4 -Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
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)
in -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)
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[15A NCAC 13A .0102(b), 02T .1101, 02T .1105]
3. An analysis shall be conducted on the nitrogen -enriched ground water every 90 days, and the Permittee
shall maintain the results for a minimum of five years. The analysis shall include the following
parameters:
Aluminum
Nitrate -Nitrite Nitrogen
Plant Available Nitrogen(by calculation)
Ammonia -Nitrogen
Total Kjeldahl Nitrogen
Potassium
Calcium
pH
Sodium
Magnesium
Phosphorus
[15A NCAC 02T. 11011
4. 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 parameters under 15A NCAC
2H.0800 or 15A NCAC 2H.1100. Field analyses are exempted from this requirement. [15A NCAC
02H .0800 or .1100]
5. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment
C. The Permittee shall develop groundwater contour maps 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 maps shall include access to the field and monitoring points, and cross-
sectional view maps that depict water levels across the slurry wall. [15A NCAC 02T .0105(m)]
6. 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.
7. 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.
Proper records shall be maintained by the Permittee 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.
[ 15A NCAC 02T.0 I 08(b)(1)]
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V.
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.
Instructions for reporting and annual report forms are available at
htto://portal.ncdenr.org/web/W"/a s/lau/reporting or can be obtained by contacting the Land
Application Unit directly. The annual report shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[ 15A NCAC 02T .l II l (a)]
10. Noncompliance Notification
The Permittee shall report by telephone to the Washington Regional Office, 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 failure of the nitrogen -enriched ground water application program resulting in a release of
material to surface waters.
b. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
c. Any process unit failure, due to known or unknown reasons rendering the facility incapable of
adequate residual treatment.
d. Any spill or discharge from a vehicle or piping system during nitrogen -enriched ground water
transportation.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. Persons
reporting such occurrences by telephone shall also file a written report in letter from within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure that the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b) (1)]
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
groundwater recovery, storage and transfer system and shall be in accordance with the approved O&M
Plan. [15A NCAC 02T .0108(b)]
2. Prior to each nitrogen -enriched ground water application event, the Permittee or his designee shall
inspect the nitrogen -enriched ground water storage, transport and application facilities to prevent
malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the
release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall
maintain an inspection log that includes, at a minimum, the date and time of inspection, observations
made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this
inspection log for a period of five years from the date of inspection, and this log shall be made available
to the Division upon request. [15A NCAC 02T .0108(b)]
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C% A
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the land application sites or groundwater remediation
facilities permitted herein at any reasonable time for the purpose of determining compliance with this
permit; may inspect or copy any records required to be maintained under the terms and conditions of
this permit; and may collect groundwater, surface water or leachate samples. [G.S. 143-215.3(a)(2)]
1. Failure to comply with the conditions and limitations contained herein may subject the Pernittee to an
enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to
143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the nitrogen -enriched ground water application events are not
carried out in accordance with the conditions of this permit. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of the nitrogen -enriched ground
water described in the permit application and other supporting documentation. [G.S. 143-215.1]
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in
15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and
under the Division's General Permit NCGO10000; any requirements pertaining to wetlands under 15A
NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter
143 of the General Statutes. [15A NCAC 02T .0105(c)(6)]
In the event the residuals program changes ownership or the Permittee changes his name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate documentation from the parties involved and other
supporting documentation as necessary. The Permittee of record shall remain fully responsible for
maintaining and operating the residuals program permitted herein until a permit is issued to the new
owner. [15A NCAC 02T .0104]
6. This permit is subject to revocation or unilateral modification upon 60 days' notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T.01 10. [ 15A NCAC 02T .0110]
7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained
herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
[15A NCAC 02T.0120]
8. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay
the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T
.0105(e)(3)]
Permit issued this the 25' day of January 2016
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
s,'�.��t�i%da++�.-lam 2• <�% c'`�.'.�j'�—
S. Jay Zimmerman, P.G., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WO0012404
WO0012404 Version 3.0 Shell Version 151201 Page 9 of 9

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State of North Carolina
Department of Environmental Quality
Division of Water Resources
LANDOWNER AGREEMENT ATTACHMENT FOR
CF NITROGEN, 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 Resources
(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 Nitrogen, Inc.
c/o CF Industries, Inc.
4 Parkway North, Suite 400
Deerfield, Illinois 60015-2590
Telephone [phone]
E-mail [e-mail]
hereinafter referred to as the Permittee, to land apply nitrogen -enriched ground water, 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 Resources.
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.
FORM: CF Industries LOAA 01072016 Page I of 3 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 DEQ-DWR, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. Telephone
[phone].
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.
5. 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.
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 Pennittee 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 party, the Permittee will obtain a signed Lessee Agreement for all
sites approved under this agreement prior to the application of Nitrogen Enriched Groundwater to those sites.
FORM: CF Industries LOAA 01072016 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.
I1. ALTERNATIVES FOR WATER SUPPLY WELLS INSIDE THE COMPLIANCE BOUNDARY:
15A NCAC 02pL .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 fields) 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:
❑ I certify that I am a deeded landowner of the above -referenced land application site(s) and am 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 01072016), 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:
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: LOAA ***
Date:
FORM: CF Industries LOAA 01072016 Page 3 of 3 Attachment D

State of North Carolina
Department of Environmental Quality
Division of Water Resources
LESSEE AGREEMENT ATTACHMENT FOR CF NITROGEN, 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
high nitrogen value for application as a nitrogen fertilizer, and is permitted by the Division of Water Resources
(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 Nitrogen, Inc.
c/o CF Industries, Inc.
4 Parkway North, Suite 400
Deerfield, Illinois 60015-2590
Telephone [phone]
E-mail [e-mail]
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 Industries LAA 110914 Page 1 of 3 Attachment

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 party, the lessee shall be responsible to ensure that the third party 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.
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 01072016 Page 2 of 3 Attachment E

Approx. Intended Crops and
Field ID' Field Location Information Acreage County Owner Crop Use
Yield 11) number must correlate to the field ID number to be included in the DWR 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:
City:
Home/business phone:
State:
Zip:
Signature: Date:
Permittee's Certification:
❑ 1 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 01072016 Page 3 of 3 Attachment E