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HomeMy WebLinkAboutWQ0012404_Final Permit_19970509State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director May 9, 1997 Mr. Glenn T. Hall CF Industries, Inc. One Salem Lake Drive Long Grove, Illinois 60047-8402 LIIN.XA IT 06 A&4 A±d11h1d99WWd�1�' ��� EDEHNR Subject: Permit No. WQ0012404 CF Industries, Inc., Tunis, NC Facility Land Application of Nitrogen -Enriched Groundwater Hertford County Dear Mr. Hall: In accordance with your application received on May 9, 1996, we are forwarding herewith Permit No. WQ0012404, dated May 9, 1997, to CF Industries, Inc. for the construction and operation of a nitrogen -enriched groundwater recovery system and the operation of a nitrogen -enriched groundwater land application program. During the application review, CF Industries provided comments (submitted February 21, 1997) concerning the draft of this non -discharge permit. The following comments are the Division's response to CF Industries comments on the draft and are numbered the same as the February 21, 1997 letter. 1. "Terminology" - The Division has modified the permit to use consistent terminology as was listed in the CF Industries letter. 2. "CF Industries, Inc." - The company's name has been corrected and is now listed CF Industries, Inc. throughout the permit. 3. "May 9, 1996" - The permit was received by the Washington Regional Office on May 9, 1996 and has been noted in the permit. 4. "December 31, 2001 Expiration Date" - The expiration date has been modified to insure a five year permit term. The permit expires on March 31, 2002. 5. "Preamble; May 9, 1996" - See number 3 above. This date has been changed. 6. "Preamble; December 31, 2001 Expiration Date" - See number 4 above. 7. "Section 1.4; Construction of additional ... treatment and disposal facilities" - This phase has been removed. 8. "Section 19; Storage of Nitrogen -Enriched Groundwater" - The phrase "at any time" has been removed from this condition. 9. "Section 11.8; Operator in Responsible Charge" - This paragraph has been modified to state that an operator will be required for operation of a nitrogen enriched groundwater recovery system and a land application program. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5053 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 10. "Section II.14; Freeboard" - This condition has been changed to read as follows, "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 rain 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." 11. "Section 111.3; Pollutants" - the term "pollutants" has been modified to "parameters". 12. "Section 111.4; Program" - The word "program" has been added to this condition. 13. "Section IIIA.c; Quarterly Reports" - The quarterly report shall be submitted to the Water Quality Supervisor of the Washington Regional Office. This language has been added to this condition. 14. "Section III.4.d; Reduced Monitoring Schedule" - The reduced monitoring schedule has not been removed but has been modified as follows, "The reduced monitoring schedule shall, at a minimum, be a field test every 25 trucks (125,000 gallons) and a laboratory test for Ammonia - Nitrogen, Nitrate -Nitrogen, and TKN every 100 trucks (500,000 gallons) with the remaining laboratory analysis parameters to be tested every ninety days after the reduced monitoring schedule has begun." 15. "Section II1.5; TCLP Analysis" - This condition has been modified to be more specific. The condition now reads as follows, " A Toxicity Characteristics Leaching Procedure (TCLP) analysis of the recovered groundwater in the storage basin...". 16. "Section II1.6; Monitoring Results Submittals" - This condition has been modified to only include the requirements listed in 111.2, III.3 and 111.4, b and c. The TCLP requirement has been removed from this condition and will only be required to be submitted once per permit term during the renewal process. 17. "Section III.74 Process Unit Failure" - This condition has not been removed but has been modified to be more specific to this facility. It reads as follows, "Any groundwater recovery facility failure, due to known or unknown reasons, that renders the facility incapable of the facility's intended usage.". 18. "Section I11.7.e; Spillage" - This language has been modified to be more specific to this facility. The language concerning the "piping system" has been removed so the condition reads now as follows, "Any spillage or discharge from a vehicle while transporting nitrogen - enriched groundwater to a land application site." 19. "Section VI.$; Permit Extension" - This condition has been modified to state that CF Industries may, but is not required to, extend the permit. The first sentence has been modified as follows, "In order to extend this Permit, the Permittee, at least six (6) months prior to the expiration of this permit, ...". 20. "Section V1.10; Landowner Agreements" - This condition has been modified as follows, "The Permittee shall not land apply nitrogen -enriched groundwater to a land application site unless the agreement between the Permittee and the landowner/lessee of the land application site is in full force and effect. These agreements are considered expired concurrent with the expiration date of the permit and must be renewed at the same time the permit is renewed. Should a landowner or lessee terminate its agreement with the Permittee, the Permittee shall submit a request to the Washington Regional Office, Water Quality Section to remove the site from the list of sites on Attachment A." It was not the Division's intention to void the permit if a landowner decided to drop from the program. Only the specific farmer's land would be removed from the permit. However, CF Industries must retain enough permitted land for the application of the volume of the nitrogen -enriched groundwater. This permit shall be effective from the date of issuance until March 31, 2002 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Please note Attachment A, which lists the approved land application sites for use in land application of the nitrogen -enriched groundwater. Should CF Industries, Inc. wish to modify this list of land application sites, a written formal request shall be completed and include a soil scientist / agronomist report, land owner agreement forms, location map, topographic map, buffer map, field data sheet and soil analysis report. This request shall be sent to the Washington Regional Office, Water Quality Section for their review and approval prior to any land application on the additional sites. A formal permit modification will not be required to be submitted to the central office. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, please contact Mr. Randy Kepler at (919) 733-5083 extension 544. �DreLston ely, d, Jr., P. . cc: Hertford County Health Department S & ME, Inc. Washington Regional Office, Water Quality Section Washington Regional Office, Groundwater Section Bob Cheek, Groundwater Section, Central Office Training and Certification Unit Facilities Assessment Unit NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH LAND APPLICATION 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 construction and operation of a nitrogen -enriched groundwater recovery system consisting of nine recovery wells with approximately 1,826 linear feet of four inch force main, and a transfer pump station consisting of a 1,600 gallon surge tank and two alternating 15 horsepower transfer pumps, with 1,736 Iinear feet of four inch force main, discharging into a one million gallon storage basin with a 40 mil HDPE liner, a groundwater transfer and loading system consisting of a 600 gpm pump with dual loading bays for the tanker trucks, and the necessary electrical fixtures and appurtenances required for proper operation (hereafter considered the "groundwater recovery facility"); and for the operation of a nitrogen -enriched groundwater land application program consisting of the application of 30,000,000 gallons per year of nitrogen -enriched groundwater from the CF Nitrogen, Inc. site in Tunis, N.C.(hereafter considered the "groundwater recovery site"), to approximately 3,559.8 acres of land in Hertford County (hereafter considered the "land application sites") with no discharge of nitrogen -enriched groundwater to the surface waters, pursuant to the application received on May 9, 1996 and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until March 31, 2002 and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS Upon completion of construction and prior to operation of this permitted groundwater recovery facility, a certification must be received from a professional engineer certifying that the permitted groundwater recovery facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Please mail the certification to the Division of Water Quality, Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 2. The Washington Regional Office, telephone number (919) 946-6491, and the appropriate local governmental official (county manager/city manager) shall be notified at least twenty- four (24) hours prior to the initial application of the nitrogen -enriched groundwater to a land application site so that an inspection can be made of the land application site and application method. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. In addition, the Hertford County Manager's office must be notified prior to the initial application so that they will be aware that the operation has commenced. 3. This permit shall become voidable if the soils at a land application site fail to adequately assimilate the nitrogen -enriched groundwater and may be rescinded unless the land application sites are maintained and operated in a manner which will protect the assigned water quality standards of the surface waters and ground waters. 4. 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 groundwater 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 groundwater, the Permittee shall cease applying nitrogen -enriched groundwater to that land application site and take immediate corrective actions including those actions that may be required by the Division of Water Quality. 5. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this program. 6. The following buffer zones shall be maintained: a) 200 feet from residences or places of public assembly under separate ownership for surface application method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the appropriate DWQ regional office, b) 50 feet from residences or places of public assembly under separate ownership for subsurface residual injection method, c) 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class I or Class II impounded reservoir used as a source of drinking water for both methods, d) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for surface application, e) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application, f) 50 feet from property lines for surface application method; g) 25 feet from property lines for subsurface application method; h) 50 feet from public right of ways for both application methods, i) 10 feet from upslope interceptor drains and surface water diversions for both application methods, j) 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems and surface drainage ditches for both application methods. 7. A copy of this permit shall be maintained at the land application site when nitrogen -enriched groundwater is being applied during the life of this permit. A spill prevention and control plan shall be maintained in all nitrogen -enriched groundwater transport and application vehicles. Specific nitrogen -enriched groundwater 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. 9. No nitrogen -enriched groundwater shall be stored at any land application site, unless approval has been requested and obtained from the Division of Water Quality. Temporary storage in a 12,000 gallon tanker trailer at the specific land application site may be maintained only during the application process. 2 II. OPERATION AND MAINTENANCE REQUIREMENTS I. The groundwater recovery facility and the land application sites shall be properly maintained and operated at all tunes. 2. The use of existing spray irrigation equipment for application of the nitrogen -enriched groundwater is approved by this permit only if the following conditions are met prior to use: a. The Plant Available Nitrogen (PAN) rates for the land application site's crops shall not be exceeded, b. The buffer requirements, as listed in this permit shall be met, c : A backflow prevention device shall be installed, and d. There shall be an air gap separation maintained whenever the nitrogen -enriched groundwater is used in an existing irrigation system. 3. A suitable vegetative cover, as listed in condition II 6, shall be maintained at the land application site in accordance with the crop management plan outlined by the local Extension Office of the Department of Agriculture, or the Natural Resources Conservation Service, or other agronomist, and approved by this Division. 4. An acceptable pH must be maintained in the soil, residual and lime mixture, greater than 6.0, on all land application sites to insure optimum yield for the crop(s) specified in condition II 6 below. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 5. Nitrogen -enriched groundwater small not be applied at rates greater than agronomic rates, unless authorized by the Division. If the owner of the land application site has or will be applying fertilizer during the crop rotation when nitrogen -enriched groundwater is being applied, the nutrients from the fertilizer shall be taken into account when determining loading rates for the nitrogen -enriched groundwater. At no time shall the agronomic rates for the specific crop be exceeded by application of the nitrogen -enriched groundwater, fertilizer applied by the farmer, or a combination of nitrogen enriched groundwater and fertilizer. 6. The application rates shall not exceed the following for the specified crops. These rates shall include any other fertilizer or waste source to be applied to a site which includes nitrogen: Crop PAN lb./acre/ r. Alfalfa 200 Bermuda Grass (Hay, Pasture) 220 Blue Grass 120 Corn (Grain) 160 Corn (Silage) 200 Cotton 70 Fescue 250 Forest (Hardwood & Softwood) 75 Mato 100 Small Grain (Wheat, barley, oats) 100 Sorghum, Sudex (Pasture) ISO Sorghum, Sudex (Silage) 220 Soybeans 200 Timothy, Orchard, & Rye Grass 200 7 . The lifetime heavy metal loadings at a land application site shall not exceed the following for the corresponding Cation Exchange Capacities (CEC): Lifetime Loadings (lbs/acre) Parameter CEC < 5 CEC 5 - 15 CEC > 15 Lead 500 1000 2000 Zinc 250 500 1000 Copper 125 250 500 Nickel 125 250 500 Cadmium 4.5 9 18 8. Upon classification of the groundwater recovery facility by the Certification Commission, the Permittee shall employ an appropriate certified operator(s) to be in responsible charge (ORC) of the nitrogen -enriched groundwater recovery facility and the land application program. The operator(s) must 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 Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the facilities are 50% complete. 9. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored nitrogen -enriched groundwater into any surface waters. 10. For land application sites that are prone to flooding or within the 100-year flood elevation, nitrogen -enriched groundwater may be applied only during periods of dry weather. 11. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the nitrogen -enriched groundwater land application site. onto adjacent property or into any surface waters. 12. Nitrogen -enriched groundwater shall not be applied in inclement weather or until 24 hours following a rainfall event of 1/2-inch or greater in 24 hours. Any emergency nitrogen - enriched groundwater land application measures must first be approved by the Division of Water Quality. 13. Nitrogen -enriched groundwater shall not be applied to any land application site that is flooded, frozen or snow-covered. 14. 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 rain 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. 111. MONITORING AND REPORTING_ REQUIREMENTS Any monitoring (including groundwater, surface water, nitrogen -enriched groundwater, soil, or plant tissue analyses) deemed necessary by the Division of Water Quality to insure protection of the environment will be established and an acceptable sampling and reporting schedule shall be followed. 2. Proper records shall be maintained by the Permittee tracking all application activities. These records shall include, but are not necessarily limited to the following information: a. date of nitrogen -enriched groundwater application, b . location of nitrogen -enriched groundwater application (site, field, or zone #), c . method of application, d. weather conditions (sunny, cloudy, raining, etc.), e . soil conditions, f. type of crop or crops to be grown on land application site, g . volume of nitrogen -enriched groundwater applied in gallons/acre, h . continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each land application site, i . annual totals, for each land application site, of plant available nitrogen (PAN) from the nitrogen -enriched groundwater (lbs/acre), annual totals, for each land application site, of phosphorus applied from all sources (lbs/acre), fertilizers applied (other than from the nitrogen -enriched groundwater) (lbs. of PAN/acre), and annual totals, for each field, of PAN from all sources j . annual and cumulative pounds/acre of each heavy metal (which shall include, but not be limited to cadmium, copper, lead, nickel, and zinc). 3. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each land application site receiving nitrogen -enriched groundwater in the respective calendar year and the results maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Manganese Potassium Calcium Percent Humic Matter Sodium Copper pH Zinc Magnesium Phosphorus Base Saturation (by calculation) Cation Exchange Capacity The Standard Soil Fertility Analysis (see above) and an analysis for the following parameters shall be conducted once prior to permit renewal on soils from each land application site which has received nitrogen -enriched groundwater during the permit cycle. Cadmium Lead Nickel 4. A nitrogen -enriched groundwater 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 field analysis shall be completed every 10 trucks (50,000 gallons). The analysis shall include the following parameters: Ammonia -Nitrogen Nitrate -Nitrite Nitrogen TKN Phosphorus b. A nitrogen -enriched groundwater laboratory analysis shall be completed every 50 trucks (250,000 gallons). The analysis shall include the following parameters: Cadmium Nitrate -Nitrite Nitrogen Copper TKN Lead pH Nickel Phosphorus Zinc Plant Available Nitrogen (by calculation) Aluminum Potassium Ammonia -Nitrogen Sodium Calcium Magnesium c. Quarterly reports shall be submitted to the Water Quality Supervisor of the Washington Regional Office and shall include all.monitoring results within the quarter. This report shall include but is not limited to the following: 1. The land application sites used for land application per quarter, 2. the amount of nitrogen -enriched groundwater applied per land application site, 3. the nitrogen applied per land application site, 4. the total amount of nitrogen -enriched groundwater recovered, 5. and the total amount of groundwater and nitrogen recovered per year. d. Once 10 consecutive field tests, supported by 2 laboratory tests, are within a 20% range, a letter of request for reduced monitoring rates may be submitted to the Washington Regional Office. When a letter of approval is received, the reduced monitoring schedule may be used. The reduced monitoring schedule shall, at a minimum, be a field test every 25 trucks (125,000 gallons) and a laboratory test for Ammonia -Nitrogen, Nitrate -Nitrogen, and TKN every 100 trucks (500,000 gallons) with the remaining laboratory analysis parameters to be tested every ninety days after the reduced monitoring schedule has begun. 5. A Toxicity Characteristics Leaching Procedure (TCLP) analysis of the recovered groundwater in the storage basin shall be conducted by the Permittee once prior to permit application submittal for reissuance. The TCLP analysis shall include the following parameters (please note the regulatory level in mg/L in parentheses): Arsenic (5.0) Benzene (0.5) Carbon tetrachloride (0.5) Chlorobenzene (100.0) Chromium (5,0) m-Cresol (200.0) Cresol (200.0) 1,4-Dichlorobenzene (7.5) 1,1-Dichloroethylene (0.7) Endrin (0.02) Hexachlorobenzene (0.13) Hexachloroethane (3.0) Lindane (0.4) Methoxychlor (10.0) Nitrobenzene (2.0) Pyridine (5.0) Silver (5.0) Toxaphene (0.5) 2,4,5-Trichlorophenol (400.0) 2,4,5-TP (Silvex) (1.0) Barium (100.0) Cadmium (1.0) Chlordane (0.03) Chloroform (6.0) o-Cresol (200.0) p-Cresol (200.0) 2,4-D (10.0) 1,2-Dichloroethane (0.5) 2,4-Dinitrotoluene (0.13) Heptachlor (and its hydroxide) (0.008) Hexachloro-1,3-butadiene (0.5) Lead (5.0) Mercury (0.2) Methyl ethyl ketone (200.0) Pentachlorophenol (100.0) Selenium (1.0) Tetrachloroethylene (0.7) Trichloroethylene (0.5) 2,4,6-Trichlorophenoi (2.0) Vinyl chloride (0.2) 6 6. Three copies of all required monitoring and reporting requirements as specified in conditions 1112, II13, and 1114 (b,c) shall be submitted annually on or before March 1 of the following year to the following address: NC Division of Water Quality Water Quality Section Facility Assessment Unit PO Box 29535 Raleigh, NC 27626-0535 7. Noncompliance Notification: The Permittee shall report by telephone to the Washington Regional Office, telephone number 919-946-648I, 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 which results in the land application of significant amounts of nitrogen -enriched groundwater which is abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of nitrogen -enriched groundwater to surface 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 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 while transporting nitrogen -enriched groundwater to the land application site. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUIREMENTS 1. To demonstrate the effectiveness of the groundwater recovery system in lowering the level of nitrogen -enriched groundwater, the permittee shall implement a groundwater monitoring program that includes but is not limited to the following: a. A vicinity map and site map that identifies access and monitoring points, b. Installation and maintenance of a monitoring well system inside the slurry wall, water level data from this system and the mapping of this data as groundwater contours. This is to be sufficient in aerial extent and density to describe the general pattern of water level elevation. c. Cross -sectional views using existing wells POD PO-12, PI-2 and PO-236 (See attached S&ME Map) to depict water levels across the slurry wall. 2. The data obtained in the monitoring required in condition IV 1 above is to be gathered once immediately prior to the initiation of withdrawal pumping and then resumed in the first named month 90 days after permit issuance and thereafter each February, May, August and November. Three copies of the report of this data are to be submitted to the Division of Water Quality, Washington Regional Office, on or before the last day of the month following that in which the data is collected. 3. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 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 in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(1). In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee. 4. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 5. No land application of nitrogen -enriched groundwater shall be undertaken when the seasonal high water table at the land application site is less than three feet below land surface. V . INSPECTIONS i . 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 Permittee or his designee shall inspect the nitrogen -enriched groundwater storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of nitrogen -enriched groundwater 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 of Water Quality or other permitting authority, upon request. 3. Any duly authorized officer, employee, or representative of the Division of Water Quality may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the land application site or groundwater recovery facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. V I. GENERAL -CONDITIONS This permit shall become voidable unless the groundwater recovery facility is constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. This permit shall become voidable unless the land application activities are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by this Division. 2. This permit is effective only with respect to the nature and volume of nitrogen -enriched groundwater described in the application and other supporting data. 3. This permit is not automatically transferable. In the event that there is a desire for the groundwater recovery site to change ownership or a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 4. The sites listed in Attachment A are approved sites for the application of nitrogen -enriched groundwater from CF Nitrogen, Inc., Tunis, NC site. Should CF Industries, Inc. wish to modify this list of land application sites, a written formal request shall be completed and include a soil scientist / agronomist report, land owner agreement forms, location map, topographic map, buffer map, field data sheet and soil analysis report. This request shall be sent to the Washington Regional Office, Water Quality Section for their review and approval prior to any land application on the additional sites. 5. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 6. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4). 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. In order to extend this Permit, the Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 9. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and monitoring requirements (including groundwater,'surface water, sludge, soil or plant tissue analysis) the Division of Water Quality deems necessary to insure the protection of the environment and public health. 10. The Permittee shall not land apply nitrogen -enriched groundwater to a land application site unless the agreement between the Permittee and the landowner/lessee of the land application site is in full force and effect. These agreements are considered expired concurrent with the expiration date of the permit and must be renewed at the same time the permit is renewed. Should a landowner or lessee terminate its agreement with the Permittee, the Permittee shall submit a request to the Washington Regional Office, Water Quality Section to remove the site from the list of sites on Attachment A. Permit issued this the Ninth day of May, 1997 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -VA. Preston Ho Ir., E., Director Division of Wat Quality By Authority of the Environmental Management Commission Permit Number WQ0012404 10 Permit No. WQ0012404 May 9, 1997 ENGINEER'S CERTIFICATION 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full tune) the construction of the project, Project Name Location for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 11 Attachment A May 9, 1997 The following are approved land application sites, as of April 4, 1997, for nitrogen - enriched groundwater application (see attached map[s]): Application Area [acres] Site No. Owner/Lessee (excluding -buffers) Hertford County 1-1 C. Wood Beasley, III 92.3 1-2a C. Wood Beasley, III 102.1 1-32 C. Wood Beasley, III 14.0 1-4a C. Wood Beasley, 111 27.3 1-5 C. Wood Beasley, III 32.6 1-6 C. Wood Beasley, III 36.1 1-7 C. Wood Beasley, 111 25.5 1-8a C. Wood Beasley, III 79.3 1-9b C. Wood Beasley, III 51.6 1-10 C. Wood Beasley, III 47.3 1-11 C. Wood Beasley, III 12.5 1-12a C. Wood Beasley, III 49.4 1-13 C. Wood Beasley, 111 86.0 1-14a C. Wood Beasley, 111 116.7 1-15a C. Wood Beasley, I1I 86.9 1-16a C. Wood Beasley, 111 27.3 Subtotal - 886.9 2-1 E.R. Evans 70.6 2-2 E.R. Evans 56.9 2-3a E.R. Evans 13.8 2-4 E.R. Evans 45.1 2-5 E.R. Evans 68.4 2-6b E.R. Evans 44.1 2-7 E.R. Evans 27.2 2-8 E.R. Evans 42.8 2-9a E.R. Evans 118.8 2-10 E.R. Evans 57.5 2-11 E.R. Evans 16.8 2-12 E.R. Evans 26.2 2-13a E.R. Evans 18.3 2-14b E.R. Evans 42.3 2-15 E.R. Evans 25.1 2-16 E.R. Evans 54.6 Subtotal - 728.5 3-la Wiley B. Gillam, III 18.9 3-2 Wiley B. Gillam,111 44.2 3-3a Wiley B. Gillam, III 25.1 3-4a Wiley B. Gillam, III 15.8 3-5a Wiley B. Gillam, III 25.6 Subtotal - 129.6 Continued on the next page .... Application Area [acres] Site No. Owner/Lessee _ (excluding buffers) 4-la Union Sand & Gravel / Thomas Lewis 35.2 4-2a Union Sand & Gravel / Thomas Lewis 9.6 4-3 Union Sand & Gravel / Thomas Lewis 31.3 4-4b Union Sand & Gravel / Thomas Lewis 55.9 4-5b Union Sand & Gravel / Thomas Lewis 29.5 4-6b Union Sand & Gravel / Thomas Lewis 15.5 4-7b Thomas Lewis 20.6 4-8 Thomas Lewis 28.1 4-9 Thomas Lewis 16.9 4-10 Thomas Lewis 10.4 4-11 Thomas Lewis 18.6 4-12 Thomas Lewis 20.2 4-13 Thomas Lewis 20.6 4-14 Thomas Lewis 9.3 4-15 Thomas Lewis 71.1 4-16 Thomas Lewis 46.9 4-17 Thomas Lewis 46.1 4-1$b Thomas Lewis 49.8 4-19b Thomas Lewis 36..6 Subtotal - 572.2 5-1 James W. Mason 19.3 5-2 James W. Mason 25.6 5-3 James W. Mason 23.3 5-4 James W. Mason 33.8 5-5 James W. Mason 172 5-6 James W. Mason 24.1 5-7 James W. Mason 10.0 5-8 James W. Mason 11.6 Subtotal - 194.9 6-la S. Stuart Pierce, Jr. 19.7 6-2a S. Stuart Pierce, Jr. 62.7 6-3a S. Stuart Pierce, Jr. 6.3 6-4a S. Stuart Pierce, Jr. 10.4 6-5a S. Stuart Pierce, Jr. 43.6 6-6a S. Stuart Pierce, Jr. 14.9 6-7a S. Stuart Pierce, Jr. 38.1 6-8 S. Stuart Pierce, Jr. 20.8 6-9a S. Stuart Pierce, Jr. 33.6 6-10a S. Stuart Pierce, Jr. 100.9 6-1 lb S. Stuart Pierce, Jr, 217.4 6-12a S. Stuart Pierce, Jr. 70.9 6-13a S. Stuart Pierce, Jr. 37.7 6-14a S. Stuart Pierce, Jr. 29.6 6-15a S. Stuart Pierce, Jr. 42.5 Continued on the next page 2 Application Area [acres] Site No. _ _ Owner/Lessee _ (excluding -buff Qrs) 6-16 S. Stuart Pierce, Jr. 6-17a S. Stuart Pierce, Jr. 6-18 S. Stuart Pierce, Jr. 6-19b S. Stuart Pierce, Jr. 6-20a S. Stuart Pierce, Jr. 6-21 S. Stuart Pierce, Jr. 7-1 John D. Simons, III 7-2 John D. Simons, III TOTAL ACRES IN COUNTY TOTAL AVAILABLE ACRES 42.4 37.1 18.8 42.3 19.4 55.7 Subtotal - 963.8 60.2 53.7 Subtotal - 113.9 3,559.8 3,559.8 a This land application site is covered in part by soils having a seasonal high water table at depths that may limit application. Field borings shall be taken to verify the seasonal high water table depths prior to application. At no time shall application commence when the seasonal high water table is less than three feet below land surface. b This land application site is partially covered in soils having a seasonal high water table at depths of less than three feet below land surface. Therefore, no nitrogen -enriched groundwater shall be applied to this field during the period from November 31 through March 1, inclusive. 3 rI �'w I RW-7) RW- ``\'N -32 C-33 13.94 PI-8 12 a J r'' + :. '. �.�.. '' �' �.1�J V,-- J-y,4 it • ` f ; • -� t - 1 -ter_ y - : r y�r�� _ `• _ 'c-22 SLURRY WALL _.. 36.99 PO- 35I-�'I-1,} C-23�w�.:�:,ti ..` 6,96' IRW RW— 1 f RW-\ ®MWI-1 1,.• 37.99 ! O 0 MWl-4 Mwl' . 37,36 MWI-2 4) M wl - 6 F TRACE q ,l�'• S � PrR PUMP 12' ABC , 5, .E3. r (�R STa�f.10N; No. 2 `STONE 37•0 PI-10,A , , GROUNDWATER +,� STORAGE BASIN .r"If 28.22 6„ ABC '50N C-4 33.69 (SERVICE ROAD _ . MWI 9 i G TOr BASIN QNLY} 40.02 12" ' ABC STONE I ;MWO- ' "�''•,,,, �, - 3 7.9 5 A N Legend Business + Church ■ Dwelling Structure • Welf = Access Road — - Ditch/Drain Railroad Road Stream r� Trees ® Buffer Field Boundary PDnd Property Boundary Field 10 '�Xa Field Total Acres Buffered Acres Net Acres 12 34.3 1.5 32.9 Scale: 1 inch equals 600 feet Drawn by: JBJ? Reviewed by: CGL Date: August, 2006 ENVIRONMENTAL SERVICES • ENCINEERINc • 7E= FIGURE 136 CF INDUSTRIES, INC. GROUNDWATER REMEDIATION LAND APPLICATION HERTFORD COUNTY W00012404 DETAIL MAP FOR SITE 25-12