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HomeMy WebLinkAboutWQ0037135_Final Permit_20140703IRMA N SRR.Soo Pat McCrory Governor July 3, 2014 Dennis Key — President Southern Soil Builders, Inc. 958 Hoots Road Roaring River, NC 28669-9148 Dear Mr. Key: John E. Skvarla, III Secretary Subject: Permit No. WQ0037135 Southern Soil Builders Land Application of Class B Residuals (Non -Dedicated) Wilkes County In accordance with your permit application received April 25, 2014, and subsequent additional information received May 8, 2014 and June 10, 2014, we are forwarding herewith Permit No. WQ0037135 dated July 3, 2014, to Southern Soil Builders, Inc. for the operation of the subject residuals management program. This permit shall be effective from the date of issuance until June 30, 2019, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. 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 matter, please contact Chonticha McDaniel at (919) 807-6337 or chonticha.mcdaniel@ncdenr.gov. Sincerely, Iho4s A. Reeder, Director Division of Water Resources 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: http:l/portal.ncdenr.orglweb/wq An Equal Opportunity 1 Affirmative Action Employer — Made in part with recycled paper LAND APPLICATION OF CLASS B (NON -DEDICATED) Iii accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations M»110511633celemfly Is,Ia U3•Z IM11ailin02T�7 kl5outhern Soil Builders, Inc Wilkes County FOR THE operation of a residuals management program for Southern Soil Builders, Inc. 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 April 25, 2014, 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 Environment and Natural Resources 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 the date of issuance until June 30, 2019, and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this pennit, the Pennittee shall request renewal of this pen -nit on official Division fonns. 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 .0105(d) requires an updated site map to be submitted with the permit renewal application. WQ0037135 Version 1.0 Shell Version 140324 Page 1 of 12 8. Setbacks for Class B land application sites shall be as follows: 9. Land application areas shall be clearly marked on each site prior to and during any residuals application event. 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.ncsu.edu/yields/index.php). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.7. WQ0037135 Version 1.0 Shell Version 140324 Page 3 of 12 Setback by application type (feel) Setback Description Vehicular Irrigation Surface Surface Infection / Application Application corporation Habitable residence or place of public assembly under separate ownership or not to be maintained as 400 400 200 part of the project site Habitable residence or places of public assembly owned by the Pennittee, 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 — intennittent and perennial, 100 100 50 perennial waterbodies, and wetlands) Surface water diversions (ephemeral streams, 25 100 25 waterways, ditches) 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 9. Land application areas shall be clearly marked on each site prior to and during any residuals application event. 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.ncsu.edu/yields/index.php). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.7. WQ0037135 Version 1.0 Shell Version 140324 Page 3 of 12 1. The residuals management program shall be properly maintained and operated at all times. The progranL-shall--b-e—effe:::diyel—maintwne�l—aii-d—oAemt-ed—as—a-MOJ3--diw-harge—S-yAen3 to_prevent any contravention of surface water or groundwater standards. 2. The Winston-Salem Regional Office, telephone number (336) 771-5000, 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. 3.. The Winston-Salem Regional Office shall be notified via email or telephone, (336) 771-5000, 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. 4. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .1110. 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; 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). WQ0037135 Version 1.0 Shell Version 140324 Page 5 of 12 k. If the vertical separation of bedrock and the depth of residuals application is less than one foot; 1. Application exceeds agronomic rates. e following public access restrictions app ication 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. 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, pen -nit 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 Ill. 12 apply. 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: 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 Pennittee 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. 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. WQ0037135 Version 1.0 Shell Version 140324 Page 7 of .12 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified ul Attaclunent 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 stahil-ization-process-uti-l-ized,-and-suffi-tient-to-demon. strafe-comp-l-iailce-witli-tlie-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. 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 (http://www.ncagr.gov/agronomi/pubs.htm). The Pennittee shall maintain these results and a description of the sampling methodologies used to detennine soil fertility for a period of no less than five years, and shall be made available to the Division upon request. At a miniinum, 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 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. 7. The Pennittee 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 Attaclunent B); d. Approximate areas applied to (acres); e. Method of land application; f. Weather conditions (e.g., sumiy, 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 RYES (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 WQ0037135 Version 1.0 Shell Version 140324 Page 9 of 12 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 deteirnining compliance with this permit; may inspect or -cop-y-an-y-records-required-to-be-inaiiitained-under-tlie-tenns-aiid-coiiditions-o-f-tliis-pen-n,i"nd-in,a-y- collect groundwater, surface water or leachate samples. 1. 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. 2. This permit shall become voidable if the residuals land application events are not carried out in accordance with the conditions of this permit. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. 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 Pert -nit NCGO 10000; 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. 5. In the event the residuals program changes ownership or the Permittee changes their 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. 6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. 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(b). 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 pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the 3`d day of July 2014 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION TWinaseeder, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0037135 WQ0037135 Version 1.0 Shell Version 140324 Page 11 of 12 ATTACHMENT A - Approved Residual Sources Certification Date: I July 3, 2014 Southern Soil Builders, Inc. Permit Number: WQ0037135 Version: 1.0 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 pen -nit Condition IV.3. 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. Page 1 of 1 Maximum Monitoring Monitoring Monitoring Frequency for Approved Owner Facility Name County Permit Biological Dry Tons Frequency for Frequency forMineralization Pathogen & Number Residuals Per Year 1 Non -hazardous Metals and Vector Attraction Rate Characteristics " Nutrients Reductions 4 Town of North Wilkesboro Thunnan Street WWTP NC0020761 Yes 250 Annually Annually Annually 0.30 Total 250 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 pen -nit Condition IV.3. 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. Page 1 of 1 ATTACHMENT B - Approved Land Application Sites Certification hate: I July 3, 2014 Southern Soil Builders, Inc. Permit Number: WQ0037135 Version: 1.0 FBrtd/ Owner Lessee County Latitude Longitude Acret a Dominant Soil Series Fo Motes BPI Porter, William Wilkes 360 16'41" 81° 00' 12" 12.90 Fairview, FcB2 BP2 Porter, William Wilkes 360 17' 05" 81 ° 00' 41" 29.20 Fairview, FcB2 BP3 Porter, William Wilkes 360 16'44" 81° 00' 34" 26.20 Fairview, FcB2 BP4 Porter, William Wilkes 360 16'35" 81' 00'23" I9.20 Fairview, FcB2 TLI Lucas, Eva Wilkes 36° 16'49", 800 59'53" 5.20 Fairview, FcB2 TI -2 Lucas, Eva Wilkes 360 16'44" 80° 59'47" 3.80 Fairview, FcB2 TU Lucas, Eva Wilkes 360 16'38" 80° 59'40" 1.80 Fairview, FcB2 TI -4 Lucas, Eva Wilkes 360 16'50" 81 ° 00' 05" 8.10 Fairview, FcB2 Total 106.40 Page 1 of 1 4111i; B ?T A N K, 1A X� I A.. V 4 JtO `7 I 'A .14 iA V 06 !UU -y lei North Wilkesboro Wastewater Treatment t Plant, :x NOV 90 N\ D 'J: 971 1�,F; ./ 1. 1 `% al p._.yd. ,.:a� � Z»4...,....., . �1: ., i; ! 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