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HomeMy WebLinkAboutWQ0024554_Final Permit_20080118MR. LEE A. WULFEKUHLE, PRESIDENT WULFEKUHLE INJECTION & PUMPING, INC. 27657 HIGHWAY 52 NORTH NEW VIENNA, IOWA 52065 Dear Mr. Wulfekuhle: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 18, 2008 Subject: Permit No. WQ0024554 Wulfekuhle Injection & Pumping, Inc. City of Jacksonville Residuals Land Application Program Land Application of Residual Solids (503) Onslow County In accordance with your modification request received July 11, 2007, and subsequent additional information received October 5, 2007, we are forwarding herewith Permit No. WQ000024554, dated January 18, 2008, to Wulfekuhle Injection & Pumping, Inc for the continued operation of the subject land application of residuals solids program. The requested modifications to the permit include the addition of residuals previously stored in the City of Jacksonville Brynn Marr Lagoons and the addition of 566.7 net acres of land to the land application permit. This permit shall be effective from the date of issuance until November 30, 2009, shall void Permit No. WQ000024554 issued December 10, 2004, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 15013 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. During a site visit on October 3, 2007 it was noted that the soil pH in several fields was low. Soil pH must be maintained in accordance to permit condition III.9.h. In addition, it was noted that several fields had received chicken litter (Fields 2-51, 2-39, 2-40, 2-41 and 2-47). Application of chicken litter should be accounted for before application of the residuals generated as part of this permit. Application of chicken litter to these fields should be avoided in the future as long as these fields are permitted for land application of residuals. N,,ccP°I�`'hCarolina �vaturalp Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: w .ncwateraualitv.ore location: 2728 Capital Boulevard Raleigh, NC 27604 Fax C (919) 715-0588 Fax 2: (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/l 0% Post Consumer Paper Customer Service: (877) 623-6748 During a separate permitting process for the City of Jacksonville it was discovered that a landowner permitted within your program was seeking to be removed from the program and added to another program. In the event that a landowner provides written request to be removed from a program, the landowner agreement becomes void and you may no longer apply residuals to those fields. When this occurs the Permittee must request a permit modification to remove the fields from the permit. Note that this permit does not approve steps necessary for complete closure of the Brynn Marr Lagoons, and redevelopment of the lagoons. Approval for lagoon closure must be obtain from the Wilmington Regional office prior to closure. 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 Jon Risgaard at (919) 715-6167 orjon.risgaard@,ncmail.net. Sincerely, for Coleen H. Sullins cc: Mr. Robert T. Branch, L.S.S., Branch Residuals & Solids, L.L.C. Mr. Raymond L. Holder, City of Jacksonville Onslow County Health Department Wilmington Regional Office - Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION . DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 1;71 0J p) LAND APPLICATION OF RESIDUAL SOLIDS PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Wulfekuhle Injection & Pumping, Inc. Onslow County FOR THE continued operation of a residuals land application program for Wulfekuhle Injection& Pumping, 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 July 11, 2007, and subsequent additional information received October 5, 2007, 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 November 30, 2009, shall void Permit No. WQ000024554 issued December 10, 2004, and shall be subject to the following specified conditions and limitations: I. SCHEDULES Fnlease review the entire permit for reporting monitoring and other on-going activities] 1. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified at least forty- eight (48) hours in advance (excluding weekends and holidays) of commencement of residuals removal from the Brynn Marr Lagoons to allow for an inspection. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. W00024554 Version 1.1 Shell Version 070716 Page 1 of 19 2. 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 extend 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 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 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 The pollutant loading rates on any land application site shall not exceed the following Cumulative Pollutant Loading Rates (CPLRs): Parameter CPLR (pounds per acre Arsenic 36 Cadmium 34 Copper 1,338 Lead 267 Mercury 15 Molybdenum n/a Nickel 374 Selenium 89 Zinc 2,498 WQ0024554 Version 1.1 Shell Version 070716 Page 2 of 19 The Permittee shall determine compliance with the cumulative pollutant loading rates using one of the following methods: 1. Use site specific analytical data from all historical land application events not otherwise exempted. 2. 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. 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. 7. 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 to be maintained as part of the project site 100 ii. Property lines 50 iii. Private or public water supply 100 iv. Surface waters (streams —intermittent and perennial, perennial waterbodies, and wetlands) 50 v. Wells with exception to monitoring wells 100 W00024554 Version 1.1 Shell Version 070716 Page 3 of 19 b. When land applying residuals to any land application site, the following setbacks shall be maintained (all distances in feet): 8. 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: hLtp://www.soil.nesu.edIlLm-np/ncnmwa/Yield 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. W00024554 Version 1.1 Shell Version 070716 Page 4 of 19 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 part 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 50 150 50 iv. Public right of way 50 50 50 v. Private or public water supply 100 100 100 vi. Surface Waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) 100 100 50 vii. Surface water diversions (ephemeral streams, waterwa s, ditches) 25 100 25 viii. Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 25 100 25 ix. Subsurface groundwater lowering system 0 100 0 x. Wells with exception to monitoring wells 100 100 100 xi. Bedrock outcrops 25 25 25 xii. Top of slope of embankments or cuts of two feet or more in vertical height 15 15 15 xiii. Building foundations or basements 0 15 0 xiv. Waterlines 0 10 0 xv. Swimming pools 100 100 100 xvi. Nitrification fields 0 20 0 8. 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: hLtp://www.soil.nesu.edIlLm-np/ncnmwa/Yield 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. W00024554 Version 1.1 Shell Version 070716 Page 4 of 19 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: htp://www.enr.state.nc.us/DSWC/Wages/guidance 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: ftp://ftp-fc.se.eizov.usda. gov/NHO/practice-standards/standards/590 pdf, 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 (e.g., bennuda grass in the summer and rye grass in the winter with BOTH crops 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. 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. WQ0024554 Version 1.1 Shell Version 070716 Page 5 of 19 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.0 106 (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 least 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 htty://www.enr.state.nc.uAtml/regionaloffices.html. III. OPERATION AND MAINTENANCE REQUIREMENTS 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. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .1110 including operational functions, maintenance schedules, safety measures, and a spill response plan. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, 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. 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. W00024554 Version 1.1 Shell Version 070716 Page 6 of 19 4. 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 rescinded 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. 5. 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. 6. 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. 8. 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. 9. Bulk 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 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 for land is greater than 10 percent when bulk liquid residuals are surface applied, and if the slope of the land is greater then 18 percent with 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 is 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); WQ0024554 Version 1.1 Shell Version 070716 Page 7 of 19 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; 10. For land onto which bulk residual that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T.1 106(b)), the following public access restrictions apply: a. Public access to public contact sites shall be restricted for one calendar year after any residuals land application event; b. Public access to land that is not a public contact site shall be restricted for 30 days after any residuals land application event; 11. For land onto which bulk residual 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. 12. 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 Pemuttee are in full force and 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. 13. 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 (CLAMP) shall also be considered a Nutrient Management Plan. WQ0024554 Version 1.1 Shell Version 070716 Page 8 of 19 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. IV. MONITORING AND REPORTING REQUIREMENTS 1. 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. Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed to demonstrate that they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit. The analyses 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. If residuals generated by a particular residuals source -generating facility are insufficient to require a land application events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. 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 for missing sampling data. 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 of this permit shall not be required to comply with this monitoring requirement. The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) Barium (100.0) Benzene (0.5) Cadmium (1.0) Carbon tetrachloride (0.5) Chlordane (0.03) Chlorobenzene (100.0) Chloroform (6.0) Chromium (5.0) m -Cresol (200.0) o-Cresol(200.0) p-Cresol(200.0) Cresol (200.0) 2,4-D (10.0) 1,4 -Dichlorobenzene (7.5) Nitrobenzene (2.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) 1, 1 -Dichloroethylene (0.7) Pyridine (5.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Endrin (0.02) Silver (5.0) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Hexachloroethane (3.0) 2,4,5 -Trichlorophenol (400.0) Lead (5.0) 2,4,6 -Trichlorophenol (2.0) Lindane (0.4) 2,4,5 -TP (Silvex) (1.0) Mercury (0.2) Vinyl chloride (0.2) Methoxychlor (10.0) Methyl ethyl ketone (200.0) W00024554 Version 1.1 Shell Version 070716 Page 9 of 19 After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. 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 events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), the Permittee shall make 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. 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 After the residuals generated by a particular residuals source -generating facility have been monitored for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. The request must include notification from EPA that a reduced sampling frequency has been approved as required by 40 CFR 503.16(a)(2). In no case, however, shall the frequency of this monitoring 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. W00024554 Version 1.1 Shell Version 070716 Page 10 of 19 4. 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 11. 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 reduction requirements in 15A NCAC 02T .1106 (a) and (b) or 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. 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 II. 6. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. 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 6. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., and Condition IV. 4. shall be performed/gathered on the residuals as they are to be land applied. 7. 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. 8. Proper records shall be maintained by the Permittee tracldng 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. W00024554 Version 1.1 Shell Version 070716 Page 11 of 19 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, 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 m. Annual and cumulative totals of 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. 9. All records required as part of this permit shall be retained a minimum of five years. 10. 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. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.ne.us/lau/compliance.htmL or can be obtained by contacting the Land Application Unit directly. The annual repost shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 11. 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. For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733- 3300. WQ0024554 Version 1.1 Shell Version 070716 Page 12 of 19 V, 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. 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 malfunctions 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. 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). 5. 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 NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 02B.0200 and 02H .0500. W00024554 Version 1.1 Shell Version 070716 Page 13 of 19 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. 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 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 18"' day of January 2007. NORTH C A ENV NMENTAL MANAGEMENT COMMISSION j Lor Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number W00024554 W00024554 Version 1.1 Shell Version 070716 Page 14 of 19 Permit No. WQ0024554 January 18, 2008 ENGINEER'S CERTIFICATION Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the proj ect, Project Name Location and County for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. W00024554 Version 1.1 Shell Version 070716 Page 15 of 19 ATTACHMENT A - Approved Residual Sources Permit Number: W00024554 Version: 1.1 Wulfekuhle Injection & Pumping, Inc Certification Date: January 18, 2008 Removal of the residuals from the two lagoons shall be scheduled and performed so as not to interrupt the service provided by and the proper operation of the existing wastewater treatment and spray irrigation facilities not result in an overflow, bypass, or discharge of wastewater or residuals. b Removal of the residuals from the two lagoons shall be performed so as to minimize damage to or any loss of integrity to the existing curtain, liner, and/or dike systems. Following completion of all residuals removal activities, a certification shall be received from a North Carolina - licensed professional engineer certifying that the activities have been successfully completed and that subsequent inspection of the existing curtain, liner, and dike systems does not indicate any evidence of damage or loss of integrity. Should it be determined by the North Carolina - licensed professional engineer or the Division that any of the systems is compromised in any way, the Permittee shall submit a corrective action plan for making any repairs or replacements as well as a schedule for implementing the plan to the Division for approval. Two copies of the certification and/or corrective action plan (i.e., as appropriate) shall be mailed to the NCDENR-DWQ, Aquifer Protection Section, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636 within 30 calendar days of completing all residuals removal activities. W00024554 Version 1.1 Shell Version 070716 Page 16 of 19 Monitoring Frequency for Maximum Monitoring Condition IV. 3. Approved Issued Is Dry Tons Frequency for and Condition Mineralization Owner Facility Name County Permit Number By 503? Per Year Condition IV. 2. IV. 4. Rate City of Jacksonville Jacksonville WWTFab Onslow WQ0009267 DWQ 503 1,600. Annually 4Xyear .30 City of Jacksonville City of Jacksonville B Marr Lagoons Onslow WQ0024554 503 290. See Permit See Permit .00 Total 1890. Removal of the residuals from the two lagoons shall be scheduled and performed so as not to interrupt the service provided by and the proper operation of the existing wastewater treatment and spray irrigation facilities not result in an overflow, bypass, or discharge of wastewater or residuals. b Removal of the residuals from the two lagoons shall be performed so as to minimize damage to or any loss of integrity to the existing curtain, liner, and/or dike systems. Following completion of all residuals removal activities, a certification shall be received from a North Carolina - licensed professional engineer certifying that the activities have been successfully completed and that subsequent inspection of the existing curtain, liner, and dike systems does not indicate any evidence of damage or loss of integrity. Should it be determined by the North Carolina - licensed professional engineer or the Division that any of the systems is compromised in any way, the Permittee shall submit a corrective action plan for making any repairs or replacements as well as a schedule for implementing the plan to the Division for approval. Two copies of the certification and/or corrective action plan (i.e., as appropriate) shall be mailed to the NCDENR-DWQ, Aquifer Protection Section, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636 within 30 calendar days of completing all residuals removal activities. W00024554 Version 1.1 Shell Version 070716 Page 16 of 19 ATTACHMENT B - APPROVED LAND APPLICATION SITES Permit Number: W00024554 Version: 1.1 Wulfekuhle Injection & Pumping, Inc Certification Date: January 18, 2008 Field/ Site Owner Lessee County Latitude Longitude Net Acreage Dominant Soil Series 01-01 Jones, Kenneth W Onslow 34055'40" 77035'60" 20.10 Norfolk 01-02 Jones, Kenneth W Onslow 34055'35" 77035'45" 16.70 Norfolk 01-03 Jones, Kenneth W Onslow 34055'27" 77035'36" 55.40 Norfolk 01-04 Jones, Kenneth W Onslow 34055'14" 77035'35" 38.90 Norfolk 01-05 Jones, Kenneth W Onslow 34055'05" 77°3526" 22.60 Goldsboro 01-06 Jones, Kenneth W Onslow 3405549" 77°35'09" 30.40 Norfolk 01-07 Jones, Kenneth W Onslow 34056'01" 77035'18" 40.30 Norfolk 01-08 Jones, Kenneth W Onslow 34056'11" 77035'07" 33.30 Norfolk 02-01 Cox, Ronald Onslow 34046'53" 77029'50" 20.90 Goldsboro 02-02 Cox, Ronald Onslow 34046'28" 77030'29" 20.60 Autryville 02-03 Cox, Ronald Onslow 34046'45" 77030'23" 24.10 Goldsboro 02-04 Cox, Ronald Onslow 34046'30" 77030'18" 27.50 Autryville 02-05 Cox, Ronald Onslow 34053'06" 77°32'31" 17.50 Autryville 02-06 Cox, Ronald Onslow 34053'13" 77032'25" 9.00 Norfolk 02-07 Cox, Ronald Onslow 3405321" 77°32'29" 11.50 Goldsboro 02-08 Cox, Ronald Onslow 34053'16" 77032'16" 10.20 Norfolk 02-09 Cox, Ronald Onslow 34053'15" 77032'15" 13.50 Norfolk 02-10 Cox, Ronald Onslow 34053'16" 77032'09" 4.60 Norfolk 02-11 Cox, Ronald Onslow 34053'24" 77032'08" 15.20 Norfolk 02-12 Cox, Ronald Onslow 34053'34" 77032'10" 26.10 Norfolk 02-13 Cox, Ronald Onslow 34°53'27" 77032'20" 16.30 Goldsboro 02-14 Cox, Ronald Onslow 34°53'22" 77°32'21" 4.20 Goldsboro W00024554 Version 1.1 Shell Version 070716 Page 17 of 19 Field/ Site Owner Lessee County Latitude Longitude Net Acreage Dominant Soil Series 02-15 Cox, Ronald Onslow 34053'34" 7703226" 18.80 Goldsboro 02-16 Cox, Ronald Onslow 34053'53" 7703222" 14.30 Goldsboro 02-17 Cox, Ronald Onslow 3405342" 77°31'53" 12.60 Norfolk 02-18 Cox, Ronald Onslow 34°53'39" 77°31'24" 34.40 Norfolk 02-19 Cox, Ronald Onslow 34053'54" 77031'08" 48.70 Norfolk 02-20 Cox, Ronald Onslow 34054'13" 77030'52" 34.30 Norfolk 02-21 Cox, Ronald Onslow 34054'23" 77030'45" 23.50 Goldsboro 02-22 Cox, Ronald Onslow 34054'14" 77030'34" 17.80 Norfolk 02-23 Cox, Ronald Onslow 34°53'60" 77°30'32" 13.10 Norfolk 02-24 Cox, Ronald Onslow 34053'52" 77°30'22" 15.70 Norfolk 02-25 Cox, Ronald Onslow 34053'40" 7702943" 22.60 Autryville 02-26 Cox, Ronald Onslow 34054'28" 77031'28" 55.80 Norfolk 02-27 Cox, Ronald Onslow 3405445" 77°31'34" 50.70 Norfolk 02-28 Cox, Ronald Onslow 34054'55" 77031'57" 21.70 Norfolk 02-29 Cox, Ronald Onslow 34055'02" 77031'28" 14.90 Norfolk 02-30 Cox, Ronald Onslow 34055'02" 77030'50" 38.80 Norfolk 02-31 Cox, Ronald Onslow 34055'25" 77031'20" 28.70 Norfolk 02-32 Cox, Ronald Onslow 34055'36" 77030'56" 6.20 Norfolk 02-33 Cox, Ronald Onslow 3405522" 77031'02" 6.50 Norfolk 03-01 Howard, Stuart E Onslow 34°51'29" 7703224" 16.70 Norfolk 2-04A Cox, Ronald Onslow 34046'45" 77030'04" 22.00 Lynchburg fine sandy loam 2-17A Cox, Ronald Onslow 3405328" 77°31'46" 12.90 Norfolk loamy fine sand, 0 to 2% slopes 2-34 Cox, Ronald Onslow 34054'16" 77031'18" 23.80 Norfolk loamy fine sand, 0 to 2% slopes 2-35 Cox, Ronald Onslow 34°54'51" 77°32'04" 18.90 Norfolk loamy fine sand, 0 to 2% slopes WQ0024554 Version 1.1 Shell Version 070716 Page 18 of 19 Field/ Site Owner Lessee County Latitude Longitude Net Acrea a Dominant Soil Series 2-36 Cox, Ronald Onslow 3405445" 77031'55" 11.20 Norfolk loamy fine sand, 0 to 2% slopes 2-37 Cox, Ronald Onslow 3405446" 77032'18" 26.40 Norfolk loamy fine sand, 0 to 2% slopes 2-38 Cox, Ronald Onslow 34054'35" 77032'14" 30.40 Norfolk loamy fine sand, 0 to 2% slopes 2-39 Cox, Ronald Onslow 34057'45" 77030'23" 39.40 Goldsboro fine sandy loam, 0 to 2% slope 240 Cox, Ronald Onslow 34057'34" 77030'26" 81.60 Goldsboro fine sandy loam, 0 to 2% slope 241 Cox, Ronald Onslow 34057'14" 77030'16" 26.10 Goldsboro fine sandy loam, 0 to 2% slope 2-42 Cox, Ronald Onslow 34053'08" 77031'52" 6.90 Lynchburg fine sandy loam 2-43 Cox, Ronald Onslow 34052'36" 77031'56" 20.90 Autryville loamy fine sand 2-44 Cox, Ronald Onslow 3405245" 77031'54" 39.70 Autryville loamy fine sand 2-45 Cox, Ronald Onslow 34052'53" 77031'49" 10.00 Norfolk loamy fine sand, 0 to 2% slopes 2-46 Cox, Ronald Onslow 34052'54" 77031'38" 40.30 Goldsboro fine sandy loam, 0 to 2% slope 2-47 Cox, Ronald Onslow 34°51'20" 77032'36" 6.30 Norfolk loamy fine sand, 0 to 2% slopes 248 Cox, Ronald Onslow 34051'26" 7703227" 17.20 Norfolk loamy fine sand, 0 to 2% slopes 2-49 Cox, Ronald Onslow 34°51'21" 77°32'18" 39.90 Norfolk loamy fine sand, 0 to 2% slopes 2-50 Cox, Ronald Onslow 34051'20" 77°33'42" 31.00 Autryville loamy fine sand 2-51 Cox, Ronald Onslow 34051'22" 77°32'51" 56.40 Norfolk loamy fine sand, 0 to 2% slopes Total 1 1,536.00 WQ0024554 Version 1.1 Shell Version 070716 Page 19 of 19 Vicinity and Buffer Maps CHECKED BY: V=2.4 miles Wulfekuhle Injection & Pumping, Inc. Site LandA Application DRAWN BY; Mi BUAlvcx PP c Vicinity nnre RESIDUALS Ronnie Cox Farm Map & SOILS, LLC r.njw N.- 2007-63 I " ` N QD .�. � � rt s,j. f a �4T„ tr Fclar•YL �. . R w r'L`j y J FSU z 'Y3 L{ -� SCALE: P' = 660' Wulfekuhle Injection & Pumping, Inc. CHECKED BY: RTB Land Application Program Buffer BRANCH Ronnie Cox Farm DNAw BY: RTB RESILS DUAMap 2 DATE: Sep[-07 & SoIL3-r LLC Project No. 2007-63 lolr107 ��.' .. ,. f `�'� �•6'<%�" 'fix. M � Y +�' J � i �t. R� SSV �� � ♦ r � V � m / i3w5 .s ,•- m�„,j% ;. sm®�,��6 /�a,,s"r.C' r�,a epi'%� r@C' eoyO�a��� •'' d r`;,� e�.f�ai,./;� y����>� 5s K '� '��4K �� rr•:"F, 1 1 1 • 1 . �I �4a. .F� .Am�"�� u�� " " zg �. 4�� dei a� All zw Houses Buffere.0, J At injection stances Y i Legend ♦0 Occupied HousePne r0PertYJi a s ?. css ,'�rz •1�1 Out Building LCemetary ?�sr.�rss.umere�m6�y� CIO 11 1 it I / Drainage Roads 21 .0 wells Buffers k r t p�pE v',' fi6p n^4r Hsw 1 - "�'�• / Lt } + e f J r M. 11 r yy� Ar a xo '''-"�j pal r 'fr{sarSo < NO� � ��latyyy bSss$' � 1 I�wl 1 1 � ,.v✓�ma Win.. .. I All Houses Are Buffered At Injection Distances !R ff F1 c � B� kn' < ,- .ate' � F .yXe¢• z ,h i L 1_ 9 R. -sTTk.Vr4-r47zJ i AV .v 1� 06 i "% , =- •.. � 1 'k. X9`13° Wulfekuble Injection & Pumping, Inc. Land AppUcation Program , � ' RANCH,UALS \ I 1 I I 1 1 1 00 SOILS,