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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 y 4 I Legend ® Dwelling PISA kik ded A= • Structure i Bnrn1 - - - - i DrainaRasay Pond == Acccss Road ® wett — — — Property Lim ButfLr Arta s -r -r F--nce W Wc7 Area ® Hand Auger Baring City of Marion t lIL:C'kED UY J- Land Application Program Buffer DRAWN Lr, tZl S ��T Frank i3uceti I arrit Mall IC u,krv: D� t)'. i)iL LLC F—j, ctu�. "_qtly -31 DYSARTSWL4E GASOuni MOLWTAJHS ,'.ANE LAN Or 00 ZI -4 ;*�� �t P fps F � S• 1 f S r+, 4 2 x L i y _ s:y ` ,'� 7 � x _�P_'�.'�a�p•r pF�'t� tk#�f� �� '-,r �, #?'-•-� r�- •� fis+- s .�:,, Sri+. s- ,1Fd � `� > _ �:� � . lar•¢ p: "`i �`,�� _ ;,�' �` . f �' fi + •r, ,• _ �- � t `��•�s i+ . �; ' �: �. '�'s� a p�,�" - , � gip. biro► 1► vl- -, mx� _ _a . d g`!�. �x� `}� ,�' -Y r +"nom,,[✓T,i�..� ���Ave k"��.i9 �Is4.,w - • i�P�.+F s ya trs "•'•a v' _ ry -4e�-a �n T,,,%_ ,i I - r ' : '�' � ,err � ► � �' : . N , 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 n ;f5 N.C. Department of Environment and Natural Resources_? Aquifer Protection Section T Asheville Regional Office T 2090 U.S. Highway 70- Swannanoa, NC 28778 C_ 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 O 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 I ONA :A S Field Q-10 a pi ,aa All, 31 i far". 4 & 5 VA, ArkAq V.-.1 , W-1 'It q jlr) M �r�rf V� , NIA ,%F, a4 , I�; 7 6 � 4. Y .4 f 11MOZ 'IrAnk Ig �iSolloiMuldyCreeR - 4t. +ju AR 1I MM N� t4j;' IL j— 4116 V Phillacle C11111. -11 Roa I T "itc A all L C-clul 7. 'Ed Uttoll Itond D%% riling ciy of, Alarioll WovdtNt Am, A Strucluic I Bam I Land Application Program h 1) Pond Accu,4s Rom[ Well D RA\\ N 11Y Prullvir, 1 -mc Bulla Area �N Wei Area Project No: 2004-41 I.10110 Auger B, it ul I 'AI.E. 1 060' ciy of, Alarioll 13 1] ITv I Land Application Program h 1) Frank Queen Form D RA\\ N 11Y ��y I)CI. H -I Project No: 2004-41 s 0 11, S, I., i