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
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