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HomeMy WebLinkAboutWQ0018525_Final Permit_20091015Yam. CDEN North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coieen H. Sullins Governor Director October 15, 2009 MR. STEVEN M. BARNES, PRESIDENT BARNES ENVIRONMENCAL WASTE AND HAULING, INC. POST OFFICE BOX 673 HAVELOCK, NORTH CAROLINA 28532 Dear Mr, Barnes: Natural Resources Dee Freeman Secretary Subject: Permit No. WQ0018525 Barnes Environmental Waste and Hauling, Inc. Barnes Environmental Residuals Land Application Program Land Application of Residual Solids (503) Carteret County In accordance with your permit modification request received August 3, 2009, and subsequent additional information received October 2, 2009, we are forwarding herewith Permit No. WQ0018525, dated October 15, 2009, to Barnes Environmental Waste and Hauling, Inc. for the continued operation of the subject land application of residuals solids program. This permit has been modified through the addition of the Peppertree Resort WWTF to the list of approved sources in Attachment A, and revised to comply with the requirements of the regulations now in effect under 15A NCAC 2T .1100. On August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within- the State," was enacted by the General Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the expiration date of certain government approvals and permits. The subject permit falls within the scope of this Act and is therefore being extended until July 31, 2013. This permit shall be effective from the date of issuance until July 31, 2013, shall void Permit No. WQ0018525 issued August 29, 2005, 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. Please note the following permit conditions as new or expanded since the last permit issuance: ➢ Condition II.7. — includes new setback requirements v Condition 11.9. — Realistic Yield Estimates are now being used to determine proper PAN loadings on application sites ➢ Condition III.2. — an Operation and Maintenance Plan must be provided ➢ Condition III,10. — residuals may not be applied under certain field conditions ADU[FER PROTI=CTION SECTIDE 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Oi1e Phone: 919-733-3221 t FAX 1: 919-715-0588; FAX 2: 919-715-60481 Customer Service 1-877-623.6748 - 11 y � �� Internet: www.ncwataroualitv.oro � t At, ccuGl Opport mil; ', Affirmative Act in Employer A, 71ativ,i ff Mr. Steven M. Barnes October 15, 2009 Page 2 of 2 ➢ Condition 111.11. — additional restrictions regarding public access to application areas ➢ Condition III.14 — pertains to applications of additional fertilizer materials ➢ Condition IV.7. — recording requirements for land application events have been expanded ➢ Condition 1V.8. — records must be kept for a minimum of five years ➢ Condition IV.9. — an annual report must be prepared and submitted ➢ Condition V.1. — adequate inspection and maintenance must be provided ➢ Condition VI.7. — requires the retention of approved plans and specifications ➢ Condition VI.8 — requires the permit to be maintained until the facilities are properly closed, or until they are covered by another permit ➢ Condition VI.9. — the permit is subject to revocation or unilateral modification under certain circumstances ➢ Condition VI.10. — permission to expand the permitted facilities will not be granted if the Permittee has failed to meet certain requirements If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. Please note that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T — Waste not Discharged to Surface Water was adopted. This permit incorporates the requirement of these rules. Remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted from those in previously issued permits. If you need additional information concerning this matter, please contact David Goodrich at (919) 715-6162 or david.goodrich@ncdenr.gov. Sincerely, Iforo een H. Sullins cc: Carteret County Health Department Wilmington Regional Office, Aquifer Protection Section Martin Mabe/Rob Wilcox, S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Technical Assistance and Certification Unit APS Central Piles LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS PERMIT (503) 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 Barnes Environmental Waste and Hauling, Inc. Carteret County FOR THE continued operation of a residuals land application program for Barnes Environmental Waste and Hauling, Inc. and consisting of the land application of residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A to the land application sites listed in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant to the permit modification application package received on August 3, 2009 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 July 31, 2013, shall void Permit No. WQ0018525 issued August 29, 2005, and shall be subject to the following specified conditions and limitations: I. SCHEDULES rplease review the entire permit for Morting, monitoring, and other on -going activities 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 that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. H. PERFORMANCE STANDARDS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program WQ0018525 Version 2.2 Shell Version 090204 Page 1 of 14 2. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for land application in accordance with this permit. 3. Only the land application sites listed in the most recently certified Attachment B of this permit are approved for residuals land application. A permit modification application is required for any new land application sites to be added to Attachment B. 4. The pollutant concentrations in any residuals that are land applied to any land application site shall not exceed the following Ceiling Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 5. The pollutant loading rates on any land application site shall not exceed the following Cumulative Pollutant Loading Rates (CPLRs): Parameter CPLR ( ounds p or acre Arsenic 36 Cadmium 34 Copper 1,338 Lead 267 Mercury 15 Molybdenum n/a Nickel 374 Selenium 89 Zinc 2,49$ The Permittee shall determine compliance with the cumulative pollutant loading rates using one of the following methods: a. Use site specific analytical data from all historical land application events not otherwise exempted. b. For land on which land application events of residuals has not occurred or for which the data is incomplete, use background concentrations through representative sampling WQ0018525 Version 2.2 Shell Version 090204 Page 2 of 14 6. When residuals are land applied under the conditions of this permit, the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. The facilities permitted herein must be constructed and maintained according to the following setbacks. a. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained (all distances in feet): Description of Setback Setback i. Habitable residence or place of public assembly under separate ownership or not 100 to be maintained as part of the project site ii. Property lines 50 iii. Private or public water supply 100 iv. Surface waters (streams -- intermittent and perennial, perennial waterbodies, 50 and wetlands) V. Wells with exception to monitoring wells 100 WQ0018525 Version 2.2 Shell Version 090204 Page 3 of 14 b. When land applying residuals to any land application site, the following setbacks shall be maintained (all distances in feet): Setback by type of application Surface Surface Application Application by Injection / Description of Setback by Vehicle Irrigation Incorporation i. Habitable residence or place of public assembly under separate ownership or not to be maintained as art of the project site 400* 400* 200* ii. Habitable residence or places of public assembly owned by the permittee, the owner of the land, or the lessee/operator of the land to be maintained as part of the project site 0 200 0 iii. Property lines 50 50 50 iv. Public ri ht of way 50 50 50 v. Private or public water supply source, waters classified as SA or SB, or any Class I or Class II impounded reservoir used as a source of drinking water 100 100 100 vi. Surface Waters (streams — intermittent and perennial, perennial waterbodies, and wetlands), any streams classified as WS or B, any other stream,, canal, marsh or coastal waters or any other lake or impoundment 100 100 50 vii. Upslope surface water diversions or upslope interceptor drains 10 10 10 viii.Downslope surface water diversions or downslope interceptor drains 25 25 25 ix. Other surface water diversions (ephemeral streams, waterways, ditches) 25 100 25 x. Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 25 100 25 xi. Subsurface groundwater lowering system 0 100 0 xii. Wells with exception to monitoring wells 100 100 100 xiii Bedrock outcrops 25 25 25 xiv. Top of slope of embankments or cuts of two feet or more in vertical height 15 15 15 xv. Building foundations or basements 0 15 0 xvi. Waterlines 0 10 0 xvii. Swimming pools 100 100 100 xviii.Nitrification fields 0 20 0 *The setback requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Aquifer Protection Section of the appropriate Division's regional office in Attachment B of this permit. WQ0018525 Version 2.2 Shell Version 090204 Page 4 of 14 Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. 9. Residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved land application site. Realistic Yield Expectations for crop types and specific fields or soils types shall be determined by using any of the following methods: a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science. The Department webpage is located at: http-//nutrients.soil.nesu.edu/yields/ b. Site Specific Historical Data for crop types on specific fields or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. C. If the RYE cannot be determined using methods 9(a) or (b) above, RYE can be established from specially developed soil interpretation records for Nutrient Management Planning, Farm Service Agency Records, university trials, or inference from crop performance on soil with very similar physical and chemical features. d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above methodology are required parts of many agricultural planning documents. The Permittee may use the RYE and appropriate agronomic rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by Senate Bill 1217 Interagency Group- Guidance Document: Chapter 1. Guidance for the completion of the plan can be found at: http://www.enr.state.ne.us/DSWC/ a esl idance docs.html. iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards, which are available at: ft ://ft-fe.se.egov.usda. ov/NH / ractice-standards/standards/590, df. e. For any crop type for which the RYE and appropriate nitrogen application rate cannot be determined, the Permittee shall contact the Division to determine necessary action. 10. If the land application sites are to be overseeded or doublecropped (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals or corn and small grain both to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee must submit and receive approval by the Division. WQ0018525 Version 2.2 Shell Version 090204 Page 5 of 14 11. Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.e., high sodium adsorption ratio (SAR) of ten (10) or higher), the Permittee shall obtain and implement recommendations from the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other agronomist regarding sodium application rate, soil amendments (e.g., gypsum., etc.) or other ameliorative mechanism for maintaining the integrity of the site in terms of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. 12. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be located closer to the waste disposal area (provided the groundwater standards can be met at the newly established Compliance Boundary). Any approved relocation of the COMPLIANCE BOUNDARY will be noted in the most recently -certified Attachment B of this permit. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 13. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(1). 14. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 15. The Aquifer Protection Section of the appropriate Division's regional office shall be notified at Ieast 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Aquifer Protection Supervisor shall be made during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at http;//www.enr.state.nc.us/html/regionaloffices.html. III. OPERATION AND MAINTENANCE_ REOUI REMENTS 1. The residuals land application program shall be effectively maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. WQ0018525 Version 2.2 Shell Version 090204 Page 6 of 14 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .l 110 including operational functions, maintenance schedules, inspection plan, sampling and monitoring plan, safety treasures, and a spill response plan. The inspection portion of the plan shall include the following information: a. Names of personal responsible for conducting the inspections b. Description of inspection plan describing how the frequency of inspections and location of inspections are determined to assure that inspections are representative of land application program. c. Description of record keeping requirements meeting requirements of permit Conditions IV.9, d. Description of required actions meeting the requirements of permit Condition TV. 1 l to be taken by the inspector in the event that noncompliance is observed during an inspection. The sampling and monitoring portion of the plan shall include the following information: e. Names and position of personnel responsible for conducting the sampling and monitoring; f. Required sampling frequency specified in Attachment B of the permit; g. Description of sampling and monitoring procedures to gather representative sampling for each sampling period. Note that fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals. The sampling plan must account for any foreseen fluctuations in compost residuals quality, and indicate sampling times accordingly to ensure compliance during the most limiting times (e.g. small facilities that apply multiple times per year, but have an annual sampling frequency may need to sample and document compliance with the pathogen reduction requirements during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). Any modification to the O&M Plan shall be approved by the Division. The most recent O&M Plan shall be submitted to the Mooresville Regional Office for review and approval. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall cease land applying residuals to the site, contact the Aquifer Protection Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division. 4. Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0201. This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals or the application causes contravention of surface water or groundwater standards and may be revoked unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being land applied during the life of this permit. The spill prevention and control plan shall be maintained in all residuals transport and application vehicles. WQ0018525 Version 2.2 Shed Version 090204 Page 7 of 14 7. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 9. No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained from the Division. 10. Residuals shall not be applied to the land under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat; b. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100-year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event; f. During a measurable precipitation event (i.e., >.01" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land application measures shall first be approved in writing by the Division; g. If the slope of the land is greater than 10 percent when bulk liquid residuals are surface applied, and if the slope of the land is greater than 18 percent when bulk liquid residuals are injected or incorporated; h. If the pH is not maintained in the soil, residuals, and lime mixture greater than 6.0, on land application sites onto which residuals are applied. Residuals may be applied to the sites provided that sufficient amounts of lime are also applied to achieve a final pH of the soil mixture of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime mixture is suited for the specified crop type. Any approved variations to the acceptable soil pH (6.0) for land application will be noted in the most recently certified Attachment B of this permit. i. If the land does not have an established vegetative cover .in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist unless the bulk residuals are incorporated within a 24-hour period following the residuals land application event or injected (This requirement does not apply to no -till fields); j. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; 11. For land onto which bulk residuals are applied that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following public access restrictions apply: WQ0018525 Version 2.2 Shell Version 090204 Page 8 of 14 a. Public access to public contact sites shall be restricted for one calendar year after any residuals land application event. Such controls may include the posting of signs indicating the activities conducted at each site; b. Public access to land that is not a public contact site shall be restricted for 30 days after any residuals land application event. Such controls may include the posting of signs indicating the activities conducted at each site, 12. For land onto which bulk residuals are applied that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following harvesting and grazing restrictions apply: a. Animals shall not be allowed to graze on land application sites for 30 days after any residuals land application event. Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event; b. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after any residuals land application event; c. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after any residuals land application event; d. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil; e. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil; f. Turf grown on land where residuals are applied shall not be harvested for 12 months after any residuals land application event. 13. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently -certified Attachment B of this permit not owned by the Permittee are in full force and in effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. 14. Upon entering an agreement with landowners to apply residuals to a land application site, the Permittee shall require of the landowner or lessee/operator a statement detailing the volume of nutrient sources (waste residuals, manufactured fertilizers, manures, or other animal waste products) other than the residuals to be applied by the Permittee, that have been applied to the land, and a copy of the most recent Nutrient Management Plan (NMP), if available, for the fields within the agreement. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient Management Plan. The NMPs must be provided only for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (NRCS) or other State Agencies. The Permittee shall rely on the provided information to calculate appropriate reductions in allowable nutrient loading rates. if the calculation shows that the agronomic rates in the NMP (including PAN) have already been met or exceeded on a field, no additional residuals shall be land applied to that field. WQ0018525 Version 2.2 Shell Version 090204 Page 9 of 14 15. An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than 6.0, on all land application sites onto which residuals are land applied to ensure optimum yield for the crops specified in Condition 11.9. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 16. Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by the Division. IV. MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. An analysis shall be conducted on residuals generated by each residual source -generating facility listed in the most recently certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Sodium Adsorption Ratio (SAR) Magnesium pH Mercury Plant Available Nitrogen (by calculation) Molybdenum Nickel Nitrate -Nitrite Nitrogen Phosphorus Potassium Selenium Sodium % Total Solids TKN Zinc If residuals generated by a particular residuals source -generating facility are insufficient to require a land application event during a required sampling period as specified in the most recently -certified Attachment A of this permit, the Permittee shall snake up the missed sampling either by taking additional samples during land application events previous to a planned period of inactivity or by taking additional samples during land application events immediately following the period of inactivity. If no land application events occur during a complete calendar year, the Permittee need not make up the missed sampling events for that year. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year. The annual report shall include an explanation of additional sampling data intended to compensate for periods of inactivity, or an explanation for missing sampling data. WQ0018525 Version 2_2 Shell Version 090204 Page 10 of 14 I Residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit shall be monitored for compliance with Condition I1.6. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear .compliance with the Class A pathogen reductionn requirements in 15A NCAC 02T .l 106 (a) and (b) or the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met. In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen reduction requirements, vector attraction reduction requirements, and management practices shall be completed at the frequency specified in the most recently -certified Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e., either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition 111.6. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. 4. A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred or is to occur, and the results shall be 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 Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH Zinc Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition 1V. 3., and Condition IV. 4. shall be performed/gathered on the residuals as they are to be land applied. 6. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., Condition IV. 4., and Condition IV. 5. shall be in accordance with 15A NCAC 02B .0505. 7. Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Method of land application; e. Weather conditions (e.g., sunny, cloudy, raining, etc.); f. Predominant Soil Mapping Unit (e.g., CbB2); g. Soil conditions (e.g., dry, wet, frozen, etc.); h. Type of crop or crops to be grown on field; i. Nitrogen Application Rate based on RYES. WQ0018525 Version 2.2 Shell Version 090204 Page 11 of 14 j. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, wet ton per acre, or kilograms per hectare; k. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, wet tons per acre, or kilograms per hectare (if applicable); 1. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, wet tons per acre, or kilograms per hectare (if applicable); and in. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. S. All records required as part of this permit shall be retained for a minimum of five years. 9. Three copies of an annual report shall be submitted on or before March 15t. The annual report shall meet the requirements described in the Instructions_ For Residuals Apcation Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o,enr.state.nc.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 10. Noncompliance Notification The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, 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 wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. Any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside of normal business hours must be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 859-0368, or (919) 733-3300. WQ0018525 Version 2.2 Shell Version 090204 Page 12 of 14 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. 2. Prior to each residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malf mctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS This permit shall become voidable unless the residuals land application events are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes §143- 215.6A through §143-215.6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2T .0105 (e). 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. WQ0018525 Version 2.2 Shell Version 090204 Page 13 of 14 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 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 pursuant to 15A NCAC 02T .01050). 9. 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 .0110. 10. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). 11. This permit shall not be automatically transferable. In the event that there is a desire for the residuals land application program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division along with documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the 15th day of October, 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r7oleeW-R. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0018525 WQ0018525 Version 2.2 Shell VersioD 090204 Page 14 of 14 ATTACHMENT A _ Approved Residual Sources Permit Number: WQ0018525 Version: 2.2 Barnes Environmental Waste and Hauling, Inc. Barnes Environmental Residuals Land Application Program Certification Date: 10/15/09 Monitoring Is Maximum Frequency for Approved Permit Issued 503 Dry Tons Condition IV. 2 and Mineralization Owner Facility Name County Number By Per Year Condition IV.3. Rate A Place @ the Beach-Atlant€c Bch 3, Inc. A Place at the Beach 3 WWTF Carteret WQ0004230 DWQ 503 1.00 See Footnote8 0.30 Southwinds Condominiums A Place the Beach -Atlantic Bch 3, Inc. WWTP Carteret WQ00t8992' DWQ 503 1.00 See Footnotes 0.30 Oriental Water Reuse Bay River Metropolitan Sewers a District Plant Carteret NCO013348 DWQ 503 81.00 See Footnote' 0.30 Beach Walk Beach Walk WWTP Carteret VI-10-92 DE=H/Local 503 2.00 See Footnote' 0,30 Beacons Reach Beacon's Reach Master Assoc., Inc. WWTF Carteret VVQ0013676 DWQ 503 2.00 See Footnote' 0.30 Bogue Shore Club Bo ue Sfiare Club WWTP Carteret VI-1 1-922 DEHILocal 503 1.00 See Footnotes 0.30 CC Sass CC Sass WWTP Carteret VE-15-92-4 DEHILocal 503 1.00 See Footnote 0.30 Cape Royall Dolphin Cape Royall Dolphin Assoc., Inc. WWTF Carteret VVQ0005173 DWQ 503 1.00 See Footnotes 0.30 Cedar Point Cedar Point WWTP Carteret VE-15-92-5 DEHILocal 503 1.00 See Footnote8 0.30 Colony By the Sea Colony By the Sea WWTP Carteret VI-14-92-6 DEHILocal 503 2.00 See Footnote8 0.30 American Suite Carolina Inns, Inc. WWTP Carteret VI-02-98 DEHILocal 503 3.00 See Footnote' 0.30 Dunesca a Villas HOA Dunesca e WWTP Carteret WQ0003044 DWQ 503 1.00 See Footnote8 0.30 Eight and One Half Eight and One Half Marina Marina WVVTP" Carteret VI-85-92 DEHILocal 503 1.00 See Footnote' 0.30 Emerald Plantation Emerald Plantation WWTP Carteret VI-25-95 DEHILocal 503 4.00 See Footnote" 0.30 Island Beach and Frit Environmental, Inc. Racquet Club WWTF Carteret WQ0000986 DWQ 503 1 1.00 See Footnote" 0.30 Genesis Condos Genesis COA, Inc. WVVTF Carteret W00006863 DWQ 503 1.00 See Footnotes 0.30 McGinnis Point McGinnis Point HOA WWTP I Carteret VI-08-12-92 DEHILocal 503 2.00 See Footnote' 1 0.30 WQ00 18525 Version 2.2 Attachment A Page I of 2 The Ocean Club, LLC Ocean Club WWTPe Carteret WQ0018420 DWQ 503 1.00 See Footnote' 0.30 Oceans Condominium Oceans Condominium WWTP Carteret VI-08-92 DEH/Local 503 2.00 See Footnote 0.30 Ocean Terrace Ocean Terrace WWTP Carteret VI-02-92 DEHILocal 503 4.00 See Footnote' 0.30 Pebble Beach Condos Pebble Beach HOA, Inc. WWTF' Carteret WQ0002128 DWQ 503 3.00 See Footnote' 0.30 Peppertree Atlantic Beach Owners Assoc., Peppertree Resort Inc, WWTF Carteret WQ0011313 DWQ 503 5.00 See Footnote' 0.30 Pine Knoll Towns Pine Knoll Towns Condominium HOA WWTP Carteret VI-18-92 DEHILocal 503 1.00 See Footnote' 0.30 Point Emerald Villas Point Emerald Villas Association, Inc. WWTi- Carteret WQ0000224 DWQ 503 3.00 See Footnotee 0.30 Queens Court HOA, Inc. Queens Court WWTF Carteret WQ0003437 DWQ 503 2.00 See Footnote' 0.30 Sands Villas Utiiities, Inc. Sands Villas WWTP Carteret WQ0000165 DWQ 503 2.00 See Footnote' 0.30 Sea Isle Plantation Sea Isle Plantation North HOA WWTP4 Carteret W00013027 DWQ 503 1.00 See Footnote' 0.30 Sea Spray Condominiums HOA Sea Spray WWTP Carteret VI-03-92 DEH/Local 503 1,00 See Footnote' 0.30 Sound Of The Sea Sound Of The Sea Master Assoc., Inc. WWTF Carteret WQ0007103 DWQ 503 2.00 See Footnote' 0.30 Atlantic Station WW Rotary Distributor Sugarloaf Utility, Inc. Facility Carteret WQ0004059 DWQ 503 3.00 See Footnote' 0.30 Summer Winds Summer Winds WWTP Carteret VI-12-92 DEH/Local 503 2.00 See Footnotea 0.30 Tar Landing Tar Landing WWTP Carteret VI-09-92-19 DEHILocal 503 1.00 See Footnote 0.30 USCG Fort Macon USCG Fort Macon WWTP Carteret VI-26-95-27 I DEHILocal 503 1.00 1 See Footnotea 0.30 Whaler Inn Whaler Inn WWTP Carteret VI-20-92-20 DEH/Local 503 1.00 See Footnote' 0.30 Windward Dunes Windward Dunes Owners Assoc WWTF Carteret WQ0002314 DWQ 503 1.00 See Footnote' 0.30 Total i Carteret 1 142.00 Residuals from this residual source -generating facility shall be monitored annually to comply with the requirements of Condition 111.2. and shall be monitored every haul event to comply with the requirements of Condition 111.3. 6 Prior to the next land application event, the residuals for the residual analyses for pH for this residual -source generating facility shall be submitted to and acknowledged by the Division. Submit three copies of these analytical results to the Residuals Program Coordinator, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. . Prior to the next land application event, the residuals for the residual analyses for aluminum for this residual -source generating facility shall be submitted to and acknowledged by the Division. Submit three copies of these analytical results to the Residuals Program Coordinator, Land Application Unit, 1636 Mail Service Center, Raleigh., NC 27699-1636. WQ0018525 Version 2.2 Attachment A Page 2 of 2 ATTACHMENT B - APPROVED LAND APPLICATION ,SITES Permit Number: WQ0018525 Version: 2.2 Barites Environmental Waste and Hauling, Inc. Barnes Environmental Residuals Land Application Program. Certification Date: 10/15/09 Field/ Site Owner Lessee County Latitude Longitude Net Acreage Dominant Soil Series WT-018 Turner, Will Barnes, Charles H. Carteret 34048'01" 76°50'14" T13 WT-02a Turner, Will Barnes, Charles H_ Carteret 34°47'48" 7605015" 4.76 WT-03a Turner, Will Barnes, Charles H_ Carteret 34°47'46" 76050'18" 7.57 WT-04a'b Turner, Will Barnes, Charles H. Carteret 34047'33" 76°50'22" 22.80 Total For County Carteret 42.26 Total 42.26 a Application of residuals may occur throughout the year when the man-made surface drainage system is freely draining at this site. b Prior to any further application event following the issuance of this permit, this wooded site shall have travel paths cut through every 50 feet apart in order for the application equipment to travel and apply wastewater for a distance of 20 feet from each side, and the Wilmington Regional office shall be notified to verify and approve the completion of such activity. WQ0018525 Version 2.2 Attachment C Page 1 of I