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WQ0019960_Final Permit_20160414
L, tu Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Govemnr DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director April 14, 2016 J. ROBERT BOYETTE — C1TY MANAGER CITY OF MARION POST OFFICE DRAWER 700 MARION, NORTH CAROLINA 28752 Dear Mr. Boyette: Subject: Permit No, WQ0019960 City of Marion RLAP Land Application of Class B Residuals (Non -Dedicated) McDowell County In accordance with your permit renewal request received February 1, 2016, and subsequent additional information received February 26, 2016, we are forwarding herewith Permit No. WQ0019960 dated April 14, 2016, to the City of Marion for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on August 1, 2016 (i.e. the day after the expiration date of the existing permit). This permit shall be effective from August 1, 2016 until July 31, 2021, shall void Permit No. WQ0019960 issued August 30, 2007, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated August 30,2007: ➢ Old Condition V.I. —This condition was based upon the 0214 Regulations for residuals/mean seasonal high water table separation, which have since been replaced by the 02T Regulations. Please note the following permit conditions are new since the last permit issuance dated August 30, 2007: ➢ Condition I.2. — This condition requires compliance with the signage requirements. ➢ Condition 1I.11. — This condition requires an allowance for hay crop realistic nitrogen rates in grazed pastures. ➢ Condition 111.7. — This condition requires spill provisions to be maintained in all transport and application vehicles. ➢ Condition III. 10. — This condition requires maintaining a vegetative cover on the application sites. State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting 1 Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6464 Mr. J. Robert Boyette April 14, 2016 Page 2 of 2 ➢ Condition IIL 13. —This condition requires the posting of signs at the application sites. ➢ Condition IV.8. — This condition requires the submission of an annual report. ➢ Condition VI.7. — This condition prohibits expansion of the program under certain circumstances. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact David Goodrich at (919) 807-6352 or david.goodrich(a)ncdenr.gov. Sincerely, S. Jay Zimmerman, P.G., Director Division of Water Resources cc: McDowell County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Zach Key — Southern Soil Builders, Inc. (zkey@sothernsoilbuilders.com) (Electronic Copy) Beth Buffington — Protection and Enforcement Branch (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH LAND APPLICATION OF CLASS B RESIDUALS PERMIT (NON -DEDICATED) 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 City of Marion McDowell County FOR THE continued operation of a residuals management program for the City of Marion and consisting of the land application of Class B residuals generated by the approved facilities listed in Attachment A to the approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the application received February 1, 2016, and subsequent additional information received by the Division of Water Resources, and in conformity with other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 503. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from August 1, 2016 until July 31, 2021, shall void Permit No. WQ0019960 issued August 30, 2007, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 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 Rule 15A NCAC 02T .O I05(d) requires an updated site map to be submitted with the permit renewal application. [I5ANCAC 02T .0108(b)(2), 02T .0105(d), 02T .0109] 2. The Permittee shall be in full compliance with the signage requirements established in Condition 111. 13. within 180 days of the effective date of this permit. [15A NCAC 02T .0108(b)(2)] II. PERFORMANCE STANDARDS The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of prolonged nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease land applying residuals to the site, contact the Asheville regional office supervisor, and take any immediate corrective actions. [G.S. 143-215.1] WQ0019960 Version 3.0 Shell Version 151201 Page 1 of 13 2. This permit shall not relieve the Permittee of responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. [15A NCAC 02B .0200, 02L.0100] 3. Only residuals generated by the facilities listed in Attachment A are approved for land application in accordance with this permit. [G.S. 143-215.1] 4. Only the sites listed in Attachment B are approved for residuals land application. [G.S. 143-215.1] 5. Pollutant concentrations in residuals applied to land application sites listed in Attachment B shall not exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant Loading Rates (CPLRs): Parameter Ceiling Concentration (milligrams per kilogram) CPLR (pounds per acre) Arsenic 75 36 Cadmium 85 34 Copper 4,300 1,338 Lead 840 267 Mercury 57 15 Molybdenum 75 n/a Nickel 420 374 Selenium 100 89 Zinc 7,500 2,498 The Permittee shall determine compliance with the CPLRs using one of the following methods: a. By calculating the existing cumulative level of pollutants using actual analytical data from all historical land application events of residuals, or b. For land where residuals application have not occurred or for which the required data is incomplete, by determining background concentrations through representative soil sampling. [15A NCAC 02T .1105] 6. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1106] 7. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A) that are land applied shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .l 107] WQ0019960 Version 3.0 Shell Version 151201 Page 2 of 13 8. Setbacks for Class B land application sites shall be as follows: [ 15 A NCAC 02T.1 1081 9. Land application areas shall be clearly marked on each site prior to and during any residuals application event. [15A NCAC 02T .0108(b)(1)] WQ0019960 Version 3.0 Shell Version 151201 Page 3 of 13 Setback by application type (feet) Setback Description Vehicular Irrigation Surface Surface Injection 1 Application Application Incorporation Habitable residence or place of public assembly under separate ownership or not to be maintained as 400 400 200 art of the proect site Habitable residence or places of public assembly owned by the Permittee, the owner of the land, or the 0 200 0 lessee/operator of the land to be maintained as part of the project site Property lines 50 150 50 Public right of way 50 50 50 Private or public water supply 100 100 100 Surface waters (streams — intermittent and perennial, 100 100 50 perennial waterbodies, and wetlands Surface water diversions (ephemeral streams, i 00 25 waterways, ditches)25 Groundwater lowering ditches (where the bottom of 25 100 25 the ditch intersects the SHWT) Subsurface groundwater lowering system 0 100 0 Wells with exception to monitoring wells 100 100 100 Bedrock outcrops 25 25 25 Top of slope of embankments or cuts of two feet or 15 15 15 more in vertical height Building foundations or basements 0 15 0 Water lines 0 10 0 Swimming pools 100 100 100 Nitrification fields 0 20 0 [ 15 A NCAC 02T.1 1081 9. Land application areas shall be clearly marked on each site prior to and during any residuals application event. [15A NCAC 02T .0108(b)(1)] WQ0019960 Version 3.0 Shell Version 151201 Page 3 of 13 10. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.nesu.edu/yields/index.php). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.6. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: 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 the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 (http://www.ncagr.gov/SWC/tech/documents/9th Guidance Doc 100109.pdf). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (ftp://ftp-fe.sc.eg�ov.usda.gov/NHQ/practice-standards/standards/590.pdf). d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. [15A NCAC 02T .1109(b)(1)(k)] 11. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by 25% in accordance with the USDA-NRCS 590 Nutrient Management Standards. [15A NCAC 02T .0108(b)(1)] 12. If land application sites are to be over -seeded or double -cropped (e.g., bermuda grass in the summer and rye grass in the winter with both crops to receive residuals), then the second crop can receive an application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. [15A NCAC 02T .0108(b)(1)] 13. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: the local Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. [ 15A NCAC 02T .0108(b)(1)] WQ0019960 Version 3.0 Shell Version 151201 Page 4 of 13 14. These residuals land application sites were individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the residual land application area, or 50 feet within the property boundary, whichever is closest to the residual land application 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. Any approved relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. [ 15A NCAC 02L .0107(a)] 15. The review boundary shall be established midway between the compliance boundary and the residual land application area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L.0106. [15A NCAC 02L .0108] III. OPERATION AND MAINTENANCE REQUIREMENTS The residuals management program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. [15A NCAC 02T .1110] 2. The Asheville Regional Office, telephone number (828) 296-4500, and the appropriate local government official (i.e., county manager, city manager, or health director) shall be notified at least 48 hours prior to the initial residuals land application to any new land application site. Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. [15ANCAC 02T .0108(b)(1)] 3. The Asheville Regional Office shall be notified via email or telephone, (828) 296-4500, at least 24 hours prior to conducting any land application activity. Such notification shall indicate, at a minimum, the anticipated application times, field IDs, and location of land application activities. If it becomes necessary to apply to additional fields due to unforeseen events, the Regional Office shall be notified prior to commencing the application to those fields. [15A NCAC 02T .0108(b)(1)] 4. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a. Operational functions; b. Maintenance schedules; c. Safety measures; d. Spill response plan; e. Inspection plan including the following information: i. Names and/or titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f. Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; WQ0019960 Version 3.0 Shell Version 151201 Page 5 of 13 iii. Sampling frequency and procedures to assure that representative samples are being collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that land apply multiple times per year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). [15A NCAC 02T. I I 10] Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or his back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition 111. 4.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Resources' Protection and Enforcement Branch at (919) 707-9105. [15A NCAC 02T.01 17] 6. When the Permittee land applies bulk residuals, a copy of this permit and a copy of O&M Plan shall be maintained at the land application sites during land application activities. [15A NCAC 02T .0108(b)(1)] 7. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. [15A NCAC 02T .1110] 8. Residuals shall not be stored at any land application site, unless written approval has been requested and received from the Division. [G.S. 143-215.1] 9. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into surface waters. [G. S. 143-215.1] 10. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on land application sites onto which residuals are applied, or application shall be 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 an agronomist and as approved bythe Division. [15ANCAC 02T .1109(b)(1)] 11. Bulk residuals shall not be land applied 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 a residuals land application event; f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; WQ0019960 Version 3.0 Shell Version 151201 Page 6 of 13 g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than 18% for injected or incorporated bulk liquid residuals; h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to achieve a final soil pH of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals and lime mixture is suitable for the specified crop. Any approved variations to the acceptable soil pH (6.0) will be noted in this permit; i. if the land does not have an established vegetative cover unless the residuals are incorporated or injected within a 24-hour period following a residuals land application event. Any field that is in a USDA no -till program shall be exempted from meeting this vegetative cover requirement; j. If the vertical separation between the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of bedrock and the depth of residuals application is less than one foot; 1. Application exceeds agronomic rates. [I 5A NCAC 02T .1109] 12. The following public access restrictions apply to residual land application sites: a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted for 365 days after a residuals land application event; b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land application event. [ 15A NCAC 02T .1109(b)(2)] 13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g., 1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and contact information, including the Permittee or applicator's telephone number. Signs shall be posted in a clearly visible and conspicuous manner at the entrance to each land application site during a land application event, and for as long as the public access restrictions required under Condition 111. 12. apply: [15A NCAC 02T .0108(6)(1)] 14. The following harvesting and grazing restrictions apply to residual land application sites after each land application event: Harvesting and Grazing Description Restricted Duration Animals shall not be allowed to graze during land application activities and restricted period. Sites that are to be used for grazing shall have fencing to 30 days prevent access after each land application event. Food crops, feed crops and fiber crops shall not be harvested for: 30 days Turf grown on land where residuals have been applied shall not be harvested for: 12 months 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.) 14 months shall not be harvested for: When the residuals remain on the land surface for four months or longer prior to incorporation into the soil, food crops with harvested parts below the land 20 months surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for: When the residuals remain on the land surface for less than four months prior to incorporation into the soil, food crops with harvested parts below the land 38 months surface shall not be harvested for: WQ0019960 Version 3.0 Shell Version 151201 Page 7 of 13 [15A NCAC 02T 1109(b)(3)] 15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for those operations where a NMP is required by the US Department of Agriculture - National Resources Conservation Service (MRCS) or other State Agencies. The Permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. 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. [15A NCAC 02T .0108(b)(1), 02T .1104(c)(4)] 16. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA) between the Permittee and landowners or lessees/operators of the land application site is in full force and effect. These agreements shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. [15A NCAC 02T .1104(c)(4)] IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sample reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be used or disposed under this permit. The analyses [corrosivity, ignitability, reactivity, and toxicity characteristic leaching Procedure (TCLP)] shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for a minimum of five years. Any exceptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter is in parentheses): Arsenic (5.0) 1,4 -Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.00s Toxaphene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5 -Trichlorophenol (400.0) m -Cresol (200.0) Lead (5.0) 2,4,6 -Trichlorophenol (2.0) o -Cresol (200.0) Lindane (0.4) 2,4,5 -TP (Silvex) (1.0) p -Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200.0) WQ0019960 Version 3.0 Shell Version 151201 Page 8 of 13 Once the residuals have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. [ 15A NCAC 13A .0102(b), 02T.1101, 02T.1105] 3. An analysis shall be conducted on residuals from each source generating facility at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) [15A NCAC 02T. 1101] 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the approved O&M plan. The required data shall be specific to the stabilization process utilized, and sufficient to demonstrate compliance with 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. Any exceptions from the requirements in this condition shall be specified in Attachment A. [15A NCAC 02T .1106, 02T .1107, 02T .1111(c)] 5. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site listed in Attachment B on which a residuals land application event will occur in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil Sampling" located in the Sampling Instructions section of the NC Department of Agriculture & Consumer Services' website (hM2://www.neagr.gov/agronomilpubs.htm). The Permittee shall maintain these results and a description of the sampling methodologies used to determine soil fertility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [ 15A NCAC 02T. 1111 (d)] 6. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. [15A NCAC 02B .0505] WQ0019960 Version 3.0 Shell Version 151201 Page 9 of 13 7. The Permittee shall maintain records tracking all residual land application events. At a minimum, these records shall include the following: 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. Approximate areas applied to (acres); e. Method of land application; f. Weather conditions (e.g., sunny, cloudy, raining, etc.); g. Predominant Soil Mapping Unit (e.g., CbB2); h. Soil conditions (e.g., dry, wet, frozen, etc.); i. Type of crop or crops to be grown on field; j. Nitrogen Application Rate based on RITES (if using data obtained from the North Carolina State University Department of Soil Science Website, the printout page shall be kept on file and reprinted every five years); k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet ton per acre; 1. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or wet tons per acre; m. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or wet tons per acre; and n. 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. [15A NCAC 02T .0109(a)] Three copies of an annual report shall be submitted on or before March I". The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting_ Forms. Instructions for reporting and annual report forms are available at hltp:l/portal.ncdenr.or web/wqlaps/lau/reporting, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .1111(a)] WQ0019960 Version 3.0 Shell Version 151201 Page 10 of 13 9. Noncompliance Notification The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296- 4500, 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. Land application of residuals abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to surface waters. c. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure that the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M Plan. [15A NCAC 02T .0108(b)] Prior to each bulk residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport and application facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the land application sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit; and may collect groundwater, surface water or leachate samples. [G.S. 143-215.3(a)(2)] VI. GENERAL CONDITIONS Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the residuals land application events are not carried out in accordance with the conditions of this permit. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. [G.S. 143-215.1] WQ0019960 Version 3.0 Shell Version 151201 Page 11 of 13 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 jurisdictional government agencies (e.g., local, state, and federal). 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 NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] In the event the residuals program changes ownership or the Permittee changes his name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. This permit is subject to revocation or unilateral modification upon 60 -day notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [15A NCAC 02T .0110] 7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(6). [15A NCAC 02T.0 1201 8. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 14" day of April 2016 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION " S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0019960 WQ0019960 Version 3.0 Shell Version 151201 Page 12 of 13 ATTACHMENT A - Approved Residual Sources City of Marion Residuals Source -Generating Facility Certification Date: April 14, 2016 Permit Number: WQ0019960 Version: 3.0 1. Maximum Dry Tons per Year is the amount of residuals approved for land application from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3.Once the residuals from a particular residuals source -generating facility have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per year when a residuals land application event of residuals generated by the residuals source -generating facility occurs during that year. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. WQ0019960 Version 3.0 Attachment A Page 1 of 1 Approved Monitoring Monitoring Monitoring Mineralization Owner FacilityName County ty permit Biological Maximum Dr Tons y Frequency for Non- Frequency for Frequency for Pathogen & g Rate [Raw = 0.4; Number Residuals Per Year 1 hazardous Metals and Vector Attraction Aerobic — 0.3; Characteristics 2 Nutrients 3,1 Reductions a, s Anaerobic = 0.2; Compost = 0.1 City of Marion Corpening Creek W WTP McDowell NCO031879 Yes 290 Once per permit cycle I Annually Annually 0.30 Total 290 1. Maximum Dry Tons per Year is the amount of residuals approved for land application from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3.Once the residuals from a particular residuals source -generating facility have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per year when a residuals land application event of residuals generated by the residuals source -generating facility occurs during that year. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. WQ0019960 Version 3.0 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B - Approved Land Application Sites City of Marion Certification Date: April 14, 2016 Permit Number: WQ0019960 Version: 3.0 Field Owner Lessee County Latitude Longitude Net Dominant Soil Series Footnotes Acreage F1 John Fisher McDowell 35.5941500 -81.850966' 9.9 BrI32 - Braddock clay loam F2 John Fisher McDowell 35.5918170 -81.850548° 2.4 BrB2 - Braddock clay loam F3 John Fisher McDowell 35.5932900 -81.8449180 7.0 HaC - Hayesville loam F4 John Fisher McDowell 35.5924500 -81.8429930 6.7 HaC - Hayesville loam K1 Mario DeLuca McDowell 35.5786110 -81.8633330 16.4 HaC -Hayesville loam 1, 2, 3 K2 Mario DeLuca McDowell 35.578611° -81.866111° 30.3 HaC - Hayesville loam 3, 4, 5 RI Wayne Ross McDowell 35.5777780 -81.8566670 17.2 HaC - Hayesville loam R2 Wayne Ross McDowell 35.580556' -81.8555560 13.7 HaC - Hayesville loam Total 103.5 I. A reduced setback from a residence under separate ownership has been approved for this land application site. Residuals may be land applied within 200 feet of the residence owned by Sue Smith at 1120 Landis Lane, Nebo, NC 28761 (i.e., indicated by the label "S" on the approved setback map (Figure 3)), regardless of whether a surface or a subsurface application method is used. 2. A reduced setback from a residence under separate ownership has been approved for this land application site. Residuals may be land applied within 200 feet of the residence owned by Kathryn Bailey at 1164 Landis Lane, Nebo, NC 28761 (i.e., indicated by the label "B" on the approved setback map (Figure 3)), regardless of whether a surface or a subsurface application method is used. 3. A reduced setback from a residence under separate ownership has been approved for this land application site. Residuals may be land applied within 200 feet of the residence owned by Sy Thau at 1204 Landis Lane, Nebo, NC 28761 (i.e., indicated by the label "T" on the approved setback map (Figure 3)), regardless of whether a surface or a subsurface application method is used. 4. A reduced setback from a residence under separate ownership has been approved for this land application site. Residuals may be land applied within 200 feet of the residence owned by Brian Carter 1386 Landis Lane, Nebo, NC 28761 (i.e., indicated by the label "C" on the approved setback map (Figure 3)), regardless of whether a surface or a subsurface application method is used. 5. A reduced setback from a residence under separate ownership has been approved for this land application site. Residuals may be land applied within 200 feet of the residence owned by Yong Vang at 1286 Landis Lane, Nebo, NC 28761 (i.e., indicated by the label "V" on the approved setback map (Figure 3)), regardless of whether a surface or a subsurface application method is used. WQOOI9960 Version 3.0 Attachment B Page 1 of 1 Legend � K - Prapery Line U Well ® 500' Parcel Buffer House -�---Perennial Stream Surface Water mom sow N A-7Ile �i • •. - it 1 � sA. Mme• j• • .. .. common Parcel fins a wilow tn.E N� o:r,`kl,: c FIGURE 1 Fisher, Jamey & Janice.- Overview Map CITY OF MARION Parcels: 165800 &330035, 165800433035, 165800525658 McDowell County, NC 0 375 750 1,500 Feet RESIDUALS LAND APPLICATION PROGRAM f ,I I l 1 , r I MCDOWELL COUNTY 35.5336, -61,8462 _,.. _ North Carolina Stateplane, NAD83 - - WQ0019960 LOCATION MAP FOR FIELDS F-01, F-02, F-03 & F-04 Legend Propery Line - - Field Boundary Perennial Stream Surface Water MM Unused Area N Dairy Dr. Buffers Property Line (50' o Well Perennial Stream 100') z, douse House400') Well (100' ) Field F'1 9.9 acres Ifie Compliance Boundary is established either 250 feet from the perimeter of the residuals application area or SO feet within the property boundary, whichever is closer. The Review Boundary is established midway between the Compliance Boundary v and the perimeter of the residuals application area. aP,' Fisher, Jarnee & Janice: Buffer Map Parcels: 1658004330035, 165900433035, 165800525658 McDowell County, No 0 375 750 1,50 35,5936. -89.8462 North Carolina Stateplane, NAD83 FIGURE 2 CITY OF MARION RESIDUALS LAND APPLICATION PROGRAM MCDOWELL COUNTY WQ0019960 DETAIL MAP FOR FIELDS F-01, F-02, F-03 & F-04 Legend Propery Line 0 Well - - 500' Parcel Buffer L House Perennial Stream �— Surface Water Parcel: 164700782263 McDowell County, NC r v - ,� . � �r � w� MMS r I�� �l � Y� � l i� � •- YD n`1 slung R�5,��Kc fin{\e5fdcH4e 5 ThaLt f77 vCG ^ G e', •1 , c5 � rr ! y4 p�•�,.,,g��.. �;. _ , ,bel s 0 375 750 1.500 Fef 1 owl .. r,._„ .. ,.,moi_... %;r .. FIGURE 3 CITY OF MARION RESIDUALS LAND APPLICATION PROGRAM MCDOWELL COUNTY W 0019960 LOCATION MAP FOR FIELDS K-01 & K-02 Legend ,.._ Propery Line Meld Boundary 0 Well Perennial Stream z House Surface Mater Unused Area Buffers Property Line (50' Perennial Stream (100') House 200') House tool Well (1 0') i ( P1ej fid. ' _ r � 'yY I ' , X •� j� The Compliance Boundary is established either 250 feet from the perimeter o(`the residuals application area or 50 feet within F the property boundary, whichever is closer. The Review Boundary is established midway between the Compliance Boundary, f . ' ' and the perimeter of the residuals application area. lap, NC C ntertor �ectlraPl toto rmatior. and Ar,3lysis, ll C, 1� 1 Deluca, Mario: Buffer Map FIGURE 4 Parcel, 164700782263 CITY OF MARION McDowell county. NC . 0 250 500 1,000 Fee RESIDUALS LAND APPLICATION PROGRAM ..L-- l 5.5197, -89. 691 _ North Carolina Stateolane, NA©83 MCDOWELL COUNTY WQ0019960 DETAIL MAP FOR FIELDS K-01 & K-02 Legend Propery Line �°`�.�.,.'�:...,�• _ _ 50+x` Parcel Buffer � Well t ---- Perennial Stream House Surface Water FIGURE 5 Ross, Wayne: Wmftr Map Overvi"ELV CITY OF MARION Parcel: 165700181637 �ilftDa%velI County, LSC RESIDUAL5 LAND APPLICATION PROGRAM soo t aoo MCDOWELL COUNTY 135 5805 -81.8569 North Carolina Stateplane, NAD83 WQ0019960 LOCATION MAP FOR FIELDS R-01 & R-02 The Compliance Boundary is established either 250 feet from the perimeter of the residuals application area or 50 feet within the property boundary, whichever is closer. The Review Boundary is established midway between the Compliance Boundary, and the perimeter of the residuals application area. Field R2 " 2.7 acres i i17.2 acres 1q. alig Ross, Wayne; Buffer Map Parcel'165700181637 McDowell County, NC 35.5805. -81.8569 w���� Buffers ' Property Line (50 Perennial Stream 100') House 400') We11(100') Legend Propery Line �---" Field Boundary o Well Perennial Stream C� House SurlaCe Water it ®Unused Area FIGURE 6 CITY OF MARION RESIDUALS LAND APPLICATION PROGRAM C7 q7r 71c0 , MCDOWELL COUNTY �.„North Carolina 5tateplane, NADB; WQ0019960 DETAIL MAP FOR FIELDS R -Ell & R-02