WQ0012892_Final Permit_20071026

October 26, 2007
Larry Dietz - Manager
New Colony Farms, LLC.
347 Shore Drive
Creswell, NC 27928
Dear Mr. Dietz:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Subject: Permit No. WQ0012892
New Colony Farms, LLC
Wastewater Surface Irrigation
Washington County
In accordance with your permit renewal request received August 30, 2007, we are forwarding
herewith Permit No. WQ0012892, dated October 26, 2007, to New Colony Farms, LLC for the continued
operation of the subject wastewater treatment and surface irrigation facilities.
This permit shall be effective from the date of issuance until September 30, 2012, shall void
Permit No. WQ0012892 issued May 28, 2003, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to
establish an adequate system for collecting and maintaining the required operational information will
result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
If you need additional infonnation concerning this matter, please contact Matthew Fleahman at
[phone] or [e-mail].
Sincere
—4Coleen H. Sullins
cc: Washington County Health Department
Washington Regional Office, Aquifer Protection. Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
N❑"th, carolina
1Zi�1'CI�f�
,Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: [phone]
Internet: wwwmrwaterquality.org Location: 2729 Capital Boulevard Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE IRRIGATION SYSTEM 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
New Colony Farms, LLC
Washington County
FOR THE
continued operation of a 4,000 GPD spray irrigation treatment and disposal facility consisting of a
enclosed wash area, collection basin, three (3) 1,000 gallon storage tanks, a 60 GPM lift pump, a 361,366
gallon storage Iagoon, a 600 GPM portable diesel pump, and a 138.7 acre irrigation area (Fields 10
through 14 located behind the feed mill and truck wash area), and a used wood chip storage area to serve
New Colony Farms, LLC with no discharge of wastes to the surface waters, pursuant to the application
received August 30, 2007, and subsequent additional information received by the Division of Water
Quality (Division), and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until September 30, 2012, shall void Permit
No. WQ0012892 issued May 28, 2003, and shall be subject to the following specified conditions and
limitations:
L SCHEDULES [please review the entire permit for reporting, monitoring, and other on -going activities]
No later than six (6) months prior to the expiration of this permit, the Pernaittee shall request renewal
of this permit on official Division form(s). Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will extend the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Pleasenote that Rule
15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
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H. PERFORMANCE STANDARDS
The surface irrigation facilities shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the
Permittee shall take immediate corrective actions including those actions that may be required by the
Division, such as the construction of additional or replacement wastewater treatment and disposal
facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to ground
or surface waters resulting from the operation of this facility.
3. All wells that are constructed for purposes of groundwater monitoring shall be constructed in
accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water
Supply) and any other state and local laws and regulations pertaining to well construction.
4. The compliance boundary for the disposal system is specified by rules in 15A NCAC 02L,
Groundwater Classifications and Standards. This disposal system was individually permitted on or
after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from
the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste
disposal area. An exceedance of groundwater 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.
The Permittee shall apply for a permit modification prior to any sale or transfer of property that
affects a compliance boundary to establish a new compliance boundary.
In accordance with 15A NCAC 02L .0107(d), no wells, other than monitoring wells, shall be
constructed within the compliance boundary except as provided by 15A NCAC 02L .0107(g).
7. The 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 action in accordance with 15A NCAC 02L .0106.
8. The facilities permitted herein must be constructed according to the following setbacks:
a. The setbacks for Irrigation sites shall be as follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 400
ii. Surface waters:
100
iii. Any well with exception of monitoring wells:
100
iv. Any property line:
150
v. Public right of way:
50
b. The setbacks for Treatment and storage units shall be as follows (all distances in feet):
i. Any well with exception of monitoring wells: 100
ii. Any property line: 50
M. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507 including operational functions, maintenance
schedules, safety measures, and a spill response plan.
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2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 08G .0200. The ORC shall visit
the facilities in accordance with 15A NCAC 08G .0200 or as specified in this permit and shall comply
with all other conditions specified in these rules.
A suitable, year-round vegetative cover shall be maintained. The nitrogen loadings from the
wastewater shall be at or below agronomic rates. Appropriate agronomic rates are calculated using
expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved
surface irrigation site. Realistic Yield Expectations for crop types are as follows:
Crop __ PAN_ObJacrelyr.)
Com (Grain) - 148
Small Grain (Silage) 106
Soybeans (Full Season — Manured) 173
4. Adequate measures shall be taken to prevent wastewater ponding or runoff from the irrigation field.
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff.
6. Soil pH on all land application fields must be maintained in the optimum range for crop production.
7. All waste application equipment must be tested and calibrated at least once per year. Records of the
calibration must be maintained for five years.
8. The application rate shall not exceed a cumulative loading of 12 inches over any twelve (12) month
period at an instantaneous application rate not to exceed 0.30 inches per hour.
9. No type of wastewater other than that from New Colony Farms LLC Facility shall be irrigated onto
the irrigation area.
10. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
11. Public access to the land application sites shall be controlled. Such controls may include the posting
of signs showing the activities being conducted at each site.
12. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
13. Freeboard in the lagoon shall not be less than two feet at any time.
14. A waste -level gauge, to monitor waste levels in the two -stage lagoon, shall be provided. This gauge
shall have readily visible permanent markings indicating the maximum liquid level at the top of the
temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage
volume, and the lowest point on top of the dam elevations. Caution must be taken not to damage the
integrity of the liner when installing the gauge.
15. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments.
Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible.
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16. Results from the soils analysis required in Permit Condition IV.7. shall be utilized to determine the
appropriate amount of lime and/or gypsum to be incorporated into the spray irrigation field to
neutralize potential salts buildup from the trailer cleaning agents and disinfectants. Salts
accumulation shall not be allowed to build to a point that inhibits the soils ability to absorb the spray
irrigated wastewater.
17. Only those cleaning agents and soaps that are EPA approved, will not harm the cover crop, and will
not contravene the groundwater standards listed in 15A NCAC 2L may be utilized in the subject
trucking wash -out facility. Instruction labels are to be followed when using cleaning agents and
soaps.
18. Engines and engine parts shall not be washed or rinsed in this wastewater system. Oil drained from
engine crankcases, antifreeze or degreasing solvent wastes SHALL NOT be discharged into the
disposal system.
IV. MONITORING AND REPORTING REOUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to ensure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory
certified by the Division for the required parameter(s) under 15A NCAC 02H .0800.
3. Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed.
These records shall include, but are not necessarily limited to, the following information:
a. date of irrigation,
b. volume of wastewater irrigated,
c. field irrigated,
d. length of time field is irrigated,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. continuous weekly, monthly, and year-to-date PAN (pounds/acre) loadings for each field,
g. nitrogen balance for each field after an application event,
h. weather conditions,
i. cover crop, and
j, maintenance of cover crops.
4. Freeboard in the lagoon shall be recorded weekly.
5. The effluent from the subject facilities shall be monitored by the Permittee at the point prior to
irrigation within 60 days of irrigation for the parameters listed by the North Carolina Department of
Agriculture, Agronomic Division's Waste Analysis Report Form. This analysis shall be used in the
monitoring and the proper management of the cover crops of the permitted application sites. The
analysis shall also be used as an indicator to prevent any damage to the soil's ability to absorb the
subject wastewater or nutrients.
6. Three (3) copies of all monitoring data [as specified in Condition IV.5] on Form NDMR-1 and three
(3) copies of all operation and disposal records [as specified in Conditions IV.3. and IVAJ on Form
NDAR-1 (hydraulic information) and Form IRR-2 (nutrient information) for every field shall be
submitted on or before the last day of the following month. All information shall be submitted to the
following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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7. An annual representative soils analysis (Standard Soil Fertility Analysis) shall be conducted on each
irrigation field 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
Base Saturation (by calculation)
Phosphorus
Cation. Exchange Capacity
Exchangeable Sodium Percentage
8. Records, including land application events and removal of solids to an off -site location shall be
maintained by the Permittee in chronological and legible form for a minimum of three years. These
records shall be maintained on forms provided or approved by the DWQ and shall be readily
available for inspection.
9. Noncompliance Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone number (336)
771-5000, 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 at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances including ponding in the irrigation field or runoff
from the irrigation fields.
b. Any process unit failure, due to 1mowu or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of disposal system resulting in a by-pass directly to receiving waters.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit limitations including, but not limited to, freeboard measurements, effluent
limitations, exeeedances of groundwater standards, or overloading of any field.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], or (919) 733-
3300. Persons reporting such occurrences by telephone shall also file a written report in letter form
within five (5) days following first knowledge of the occurrence. This report must outline the actions
taken or proposed to be taken to ensure that the problem does not recur.
V. INSPECTIONS
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities.
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2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release
of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an
inspection log or summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall
be maintained by the Permittee for a period of five years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
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 disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
2. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
3. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data. No variances to applicable rules governing the construction
and 1 or operation of the permitted facilities are granted unless specifically requested and granted in
this permit.
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 government agencies (local, state,
and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer
rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC
Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500.
5. In the event there is a desire for the facilities to change ownership, or there is a name change of the
Permittee, a formal permit request must be submitted to the Division on official Division form(s),
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. The
Permittee of record shall remain fully responsible for compliance until a permit is issued to the new
owner.
6. The Permittee shall retain a set of approved plans and specifications for the life of the facilities
permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority.
The Permittee must pay the annual fee 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
pursuant to 15A NCAC 02T .0105(e).
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Permit issued this the 26"' of October 2007
NORTH C OLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,�..Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0014247
WQOO12892 Version 3.0 Shell Version 070531 Page 7 of 7

New Colony Farms TruCK Wash Facility (WQ001 2b92
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Map By: David May 6/04/2002

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Scale: 1 inch equals 3.156 miles Irrigation