HomeMy WebLinkAboutWQ0019960_FP AttB_20050715w AT, pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> L-%w`� —1 Alan W. Klimek, P.£., Director
Y Division of Water Quality
July 15, 2005
MR. J. ROBERT BOYETTE, CITY MANAGER
CITY OF MARION
POST OFFICE DRAWER 700
MARION, NORTH CAROLINA 28752
I iEU VEQ tDE(y�i j'vv,l
AQUIFER PROTECTION SECTION
JUL 1 8 2005
Subject: Attachment B Certification
Permit No. WQ0019960
City of Marion
City of Marion Residuals Land
Application Program
Land Application of Residual Solids
(503 )
McDowell County
Dear Mr. Boyette:
In accordance with your permit modification application package received on May 27, 2005 as
well as the additional information received on July 8, 2005, we are forwarding herewith a modified
Attachment B, certified July 12, 2005, to the City of Marion for the subject residuals land application
program.
This certification is being issued to modify Attachment B to approve Site No's. F-01, F-02, F-03,
F-04, Q -13A, Q-1313, Q-15, Q-16, Q-20, Q-21, and Q-23 for the land application of residuals. Per the
additional information received on July 8, 2005, the Division is not approving Site No. Q-10, which was
presented in your modification application package, because of stream restoration work on that site.
Buffer reductions resulting from the restored stream will render the site unfeasible for residuals land
application. Note that several footnotes have been added to the Attachment B that require attention
before initiating a residuals land application event on Site NO.'s F-01, Q-15, Q-16, Q-20, Q-21, and Q-
23.
Please replace the existing Attachment B of Permit No. WQ0019960 that was previously
certified on November S, 2002, with this modified Attachment B. Note that only the vicinity and
buffer reaps for any new and modified land application sites are attached to this modified Attachment B.
It is the Permittee's responsibility to- ensure that a complete permit is created by inserting this modified
Attachment B and vicinity and buffer maps into Permit No. WQ0019960, issued on April 24, 2002, and
making sure to retain any vicinity and buffer maps for any existing and unmodified land application sites.
This modified Attachment B shall be effective from the date of certification; shall void
Attachment B of Permit No. WQ0019960 that was previously certified on November 5, 2005; and shall
be subject to the conditions and limitations as specified therein as well as those specified in the above -
NC Division of Water Quality - Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778
Aquifer Protection Section
Customer Service 1-877-623-6748
Internet: httpJ/h2o.enr.state.ne.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
No `hCarolina
,Jlyatura!!Y
Phone (828) 2964500
Fax (828) 299-7043
Mr. J. Robert Boyette
July 15, 2005
Page 2
referenced permit. As always, remember to take the time to review this modified Attachment
B thoroughly, as some of the conditions contained therein may have been changed since the last
certification. Note that this modified Attachment B is hereby incorporated by reference into Permit No.
WQ0019960, issued on April 24, 2002.
If any parts, requirements, and/or limitations contained in this certification or modified
Attachment B are unacceptable, you have the right to request an adjudicatory hearing upon written
request within 30 calendar days following receipt of the certification. This request shall be in the forth of
a written petition, conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, North Carolina 27699-6714.
Unless such demands are made, this permit shall be final and binding.
If you need any additional information concerning this matter, please contact Ms. Beverly Price
by telephone at (828) 296-4500, extension 4685, or via e-mail at Bev.Price@ncmail.net.
Sincerely,
`A an W. Klimek, P.E.
cc: Mr. Robert Branch, Branch Residuals & Soils, LLC (311 B South Westgate Drive, Greensboro,
NC 27407)
McDowell County Health Department(408 Spaulding .Road. Marion, NC 28752)
Burke County Health Department(Post Office Box 1266, Morganton, NC 28680)
Asheville Regional Office - Aquifer Protection Section Files
Shannon Thornburg APS Central Files
Shannon Thornburg APS Files
Shannon Thornburg LAU Residuals Program Coordinator
ATTACHMENT B -Approved Land Application Sites
Permit No. WQ0019960
City of Marion
City of Marion Residuals .Land Application Program
Site/Field ID
Landowner
Lesseelnperator County
latitude
Longitude
Net Acreage
Applicable
Restriction in
Condition IV. 1.
Q-01
Queen, Frank
Burke
3503935"
81050'10"
22.00
GW -A
Q-02
Queen, Frank
Burke
35039'35"
81049'50"
18.00
GW -A
Total For County
Burke
40.00
C-013
Causb , Curtis
McDowell
35°38'20"
81053'33"
9.50
GW -A
F -01b
Fisher, James C.
McDowell
35035'39"
81051'04"
13.70
GW -A
F-02
Fisher, James C.
McDowell
35035'32"
81050'60"
4.30
GW -A
F-03
Fisher, James C.
McDowell
35035'33"
8I050'42"
9.60
GW -A
F-04
Fisher, James C.
McDowell
35035'31"
81050'36"
8.20
GW -A
K-Ot`
Khang, Toua & Tong
McDowell
35034'43"
8105148"
16.00
GW -A
K -02`t`
Khang, Toua & Tong
McDowell
3503443"
81051'58"
38.00
GW -A
-13A
Queen, Frank
McDowell
35039'56"
81051'58"
28.00
GW -A
Q -13B
Queen, Frank
McDowell
35039'55"
8105141"
13.70
GW -A
Q-15rs
Queen, Frank
McDowell
35039'52"
81051'25"
32.30
GW -B
Q -16's
Queen, Frank
McDowell
35039'25"
81051'23"
41.80
GW -B
20r
Oueen, Frank
McDowell
35039'08"
81051'23"
18.70
GW -B
Q -21r
Queen, Frank
McDowell
35039'09"
81051'14"
I7.60
GW -B
-23r
Queen, Frank
McDowell
35038'44"
81051'17"
13.40
GW -B
R-01
Ross, Wayne
McDowell
35034'40"
8105124"
16.00
GW -A
R-02
Ross, Wayne
McDowell
35034'50"
81051'20"
12.00
GW -A
Y-01
lYang,Voua
McDowell
35036'45"
81051'34"
12.00
GW -A
"fatal For County
McDowell 1
304.80
Total
1
344.80
A reduced buffer from a residence under separate ownership has been approved for this land application site. Residuals may be land applied to within 100 feet of the residence
owned by John Kirby (i.e., indicated by the label "D1" on the approved buffer map), regardless of whether a surface or a subsurface application method is used.
b A reduced buffer from a residence under separate ownership has been approved for this land application site. Residuals may be land applied to within 100 feet of the residence
owned by James C. Fisher at 398 Dairy Road in Marion, NC 28752 (i.e., indicated by the label "BR #1" on the approved buffer map), regardless of whether a surface or a subsurface
application method is used.
Reduced buffers from residences under separate ownership has been approved for this land application site. Residuals may he land applied to within 100 feet o£the residences
owned by Ruby Kelley (i.e., indicated by the labels "DI" and "D2" on the approved buffer map) and to within 200 feet of the residences owned by Sy Thau (i.e., indicated by the
labels "D3" and "D4" on the approved buffer maps), regardless of whether a surface or a subsurface application method is used.
d This land application site was previously an apple orchard that has since been converted to pasture land. The Division's Groundwater Section has expressed concern regarding
the historical pesticide application practices at the site and the fact that these could have adversely impact soil and groundwater quality. Although it is not a requirement
of this permit, it is strongly advised that the Permittee receive a "hold harmless" agreement with respect to prior contamination before land applying residuals to this site.
Reduced buffers from residences under separate ownership has been approved for this land application site. Residuals may be land applied to within 200 feet of the residences
Permit No. WQ0019960 Page 1 of 2 Certification Date: July 12, 2005
ATTACHMENT B - Approved Land Application Sites
Permit No. ;VQ0019960
City of Marion
City of Marion Residuals Land Application Program
owned by Chia Kee Yang (i -e-, indicated by the labels "135" and "136" on the approved buffer map) and to within 200 feet of the residence owned by Kenneth D. VanBuskirk
(i -e., indicated by the label "D7" on the approved buffer maps), regardless of whether a surface or a subsurface application method is used_
r This land application site is located in the 100 -year floodplain and, therefore, is subject to the requirements contained in Condition IL 23_
s At the time of approval of this modified Attachment B, stream restoration work was being performed along the western boundary of this land application site. It was uncertain
how this work would affect the proposed application area. if the currently -approved application area of this site changes as a result of this work, an amended buffer map and
net acreage for this site shall be submitted to the Division at [east 45 calendar days prior to the initiation of any residuals land application activities on this site. Only following review
and approval of these amended documents may residuals land application activities on this site occur. Submit two copies of any amended buffer map and net acreage values
to the NCDENR-DWQ, Aquifer Protection Section, Land Application Unit, clo LAU Residuals Program Coordinator, 1636 Mail Service Center, Raleigh, NC 27699-1636,
Permit No. WQ0019960 Page 2 of 2 Certification Date: July 12, 2005
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, Aw;i BRANCH RESIDUALS & S01LS, LLC
311 B South Westgale Drive • Greensboro, NC 27407
PHONE (336) 516-0340 - Fax (336) 510-05,41
July 6, 2005
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N.C. Department of Environment and Natural Resources_?
Aquifer Protection Section
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Asheville Regional Office
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2090 U.S. Highway 70-
Swannanoa, NC 28778
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ATTENTION; Ms. Beverly Price
Y�L
rl
A'
REFERENCE: City of Marion Additional Information Request
Permit No. WQ0019960
Land Application Permit
BR&S Job No. 2004-41
Dear Ms. Price:
On behalf of the City of Marion and after conversation with Mr. Larry Carver of the City of Marion,
I have prepared a response to the Addition Information Request dated June 23, 2005. During the
field review of the Frank Queen site three fields appear to be impacted by the current stream
restoration project that is occurring adjacent to these sites. Both the City of Marion and I are in
agreement that Field Q-10 should be dropped for consideration as a receiver site from the current
modification. In addition, Fields Q-15 and Q-16 should remain in the current modification but with
the disclaimer that an amended buffer map and updated acreage for these fields 45 calendar days
prior to the initiation of land application activities.
CLOSING
Since there no modifications, just deletions, to the current modification request, I will only include
this letter. If you have any question regarding this information, please give me a call at (336) 510-
0340.
Sincerely,
Robert T. Branch, L.S.S.
Project Manger/Soil Scientist
cc: Larry Carver — City of Marion WWTP
Bob Boyette — City of Marion
Q 'C
MR. J. ROBERT BOYETTE, CITY MANAGER
CITY OF MARION
POST OFFICE DRAWER 700
MARION, NORTH CAROLINA 28752
Dear Mr. Boyette:
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 23, 2005
v'
Subject: Application No. WQ0019960
Additional Information Request
City of Marion
City of Marion Residuals Land Application Program
Land Application of Residuals (503)
McDowell County
The Aquifer Protection Section of the Division of Water Quality's (Division) Asheville Regional Office has
completed a detailed review of the above -referenced permit modification application package. At this time, additional
information is required before we may continue our review.
Be aware that you are responsible for meeting all requirements set forth in the North Carolina rules and
-Pgu.lations. Any oversights that occurred in the review of this permit modification application package are stili the
sponsibility of the applicant. In addition, any omissions made in responding to the requested additional information
request items may result in further additional information requests and delays in the certification of a modified
Attachment B. Therefore, read each requested item carefully, and provide the information that is requested as well as any
information that results from changes made as a result of this additional information request. If there is any question
about what additional information is being requested or is desired, please contact me at any time, and I will be happy to
provide additional explanation as required.
Please address the following item no later than July 23, 2005:
During the site visit performed by the Aquifer Protection Section of the Division's Asheville Regional Office, it
was noted that stream restoration work was being performed along the western boundaries of Frank Queen Site
Nos. Q-10, Q-15, and Q-16. Please clarify whether or not it is still desired to seek approval of these sites for
incorporation into this residuals land application program. It especially appears as if Site No. Q-10 would be
rendered unsuitable for residuals land application from additional buffers resulting from the restored stream.
However, if approval is still desired, the Division is prepared to approve each of these sites; however, their use
will be conditioned with the following requirement:
"At the time of approval of this mod f ed Attachment B, stream restoration work was being performed
along the western boundary of this land application site. It was uncertain how this work would affect the
proposed application area. If the currently -approved application area of this site changes as a result of
this work, an amended buffer map and net acreage far this site shall be submitted to the Division at least
45 calendar days prior to the initiation of any residuals land application activities on this site. Only
following review and approval of these amended documents may residuals land application activities
orth Carolina Division of Water Quality - Asheville Regional Office 2090 U_5. Highway 70 Swartnanoa, NC 28778 Phone (828) 296-4500
Aquifer Protection Section FAX (628) 299-7043
Customer Service 1-877-623-6748
Internet: h2o.enr,state.nc_us
An Equal Opportunity/Affirmative Action Employer - 50% Recyded/10% Post Consumer Paper
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NorthCarolin
,Natur,711,Y
MT. Boyette
June 23, 2005
Page 2
occur on this site. Submit two copies of any amended buffer map and net acreage values to the
NCDENR-DWQ, Aquifer Protection Section, Land Application Unit, c% LAUResiduals Program
Coordinator, 1636 Afai1 Service Center, Raleigh, NC 27699-1636. "
Please comment on whether the Division's proposal is acceptable.
Please reference the subject application number when providing the requested additional information. Four
copies of all revised information should be submitted to my attention at the address on the first page of this
correspondence.
If you have any questions regarding this additional information request, please do not hesitate to contact me by
telephone at (828) 296-4500, extension 4665, or via e-mail at Bev,Price@ncrnail.net. Thank you in advance for your
cooperation and assistance.
Sincerely,
Beverly Price
Environmental
Specialist
cc: Bob Branch, Branch Residuals & Soils, LLC 311 B South Westgate Greensboro, North Carolina 27407
Asheville Regional Office - Aquifer Protection Section Files
Permit Application File WQ0019960
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