Current through Register Vol. 39, No. 6, September 16, 2024
(a) For new and
expanding residuals treatment and storage facilities:
(1) Site plans. If required by G.S. 89C, a
professional land surveyor shall provide location information on boundaries and
physical features not under the purview of other licensed professions. Site
plans or maps shall be provided to the Division by the applicant depicting the
location, orientation, and relationship of facility components, including:
(A) a scaled map of the site, with
topographic contour intervals not exceeding 10 feet or 25 percent of total site
relief and showing all facility-related structures and fences within the
treatment and storage areas;
(B)
the location of each of the following that are located within 500 feet of a
waste treatment, or storage site, including a delineation of their review and
compliance boundaries:
(i) wells, including
usage and construction details if available;
(ii) ephemeral, intermittent, and perennial
streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage
features;
(C) setbacks
as required by Rule .1108 of this Section; and
(D) site property boundaries within 500 feet
of all treatment and storage facilities.
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that locating
boundaries and physical features, not under the purview of other licensed
professions, on maps pursuant to this Paragraph constitutes practicing
surveying pursuant to G.S. 89C.]
(2) Engineering design documents. If required
by G.S. 89C, a professional engineer shall prepare these documents. The
following documents shall be provided to the Division by the applicant:
(A) engineering plans for the facilities and
equipment except those previously permitted unless they are directly tied into
the new units or are necessary to understanding the complete process;
(B) specifications describing materials to be
used, methods of construction, and means for ensuring quality and integrity of
the finished product, including leakage testing; and
(C) engineering calculations, including
hydraulic and pollutant loading for each unit, unit sizing criteria, hydraulic
profile of the facilities, total dynamic head and system curve analysis for
each pump, and buoyancy calculations.
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that
preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering pursuant to G.S. 89C.]
(b) For new and
modified sources of residuals:
(1) Site maps
shall be provided to the Division by the applicant depicting the location of
the source.
(2) An analysis of the
residuals shall be provided to the Division by the applicant. The analysis
shall include:
(A) all pollutants identified
in Rule .1105 of this Section;
(B)
nutrients and micronutrients;
(C)
hazardous waste characterization tests; and
(D) proof of compliance with Rule .1106 and
Rule .1107 of this Section if applicable.
(3) A sampling and monitoring plan that
describes how compliance with Rule .1105, Rule .1106, and Rule .1107 of this
Section if applicable shall be provided to the Division by the
applicant.
(c) For new
and expanding non-dedicated land application sites:
(1) Setback maps shall be provided to the
Division by the applicant depicting the location, orientation, and relationship
of land application site features including:
(A) a scaled map of the land application
site, showing all related structures and fences within the land application
area;
(B) the location of each of
the following that are located within 500 feet of the land application site,
including a delineation of its review and compliance boundaries:
(i) wells, including usage and construction
details if available;
(ii)
ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage
features;
(C) setbacks
as required by Rule .1108 of this Section; and
(D) property boundaries within 500 feet of
the land application site.
(2) Soils report. A soil evaluation of the
land application site shall be provided to the Division by the applicant. This
evaluation shall be presented in a report that includes the following. If
required by G.S. 89F, a soil scientist shall prepare this evaluation:
(A) confirmation of a county soils map, soil
evaluation, and verification of the presence or absence of a seasonal high
water table within three feet of land surface or establishment of a soil map
through field description of soil profile, based on examinations of excavation
pits or auger borings, within seven feet of land surface or to bedrock
describing the following parameters by individual diagnostic horizons:
thickness of the horizon; texture; color and other diagnostic features;
structure; internal drainage; depth, thickness, and type of restrictive
horizon; and presence or absence and depth of evidence of any seasonal high
water table; and
(B) a
representative soils analysis for standard soil fertility and all pollutants
listed in Rule .1105(b) of this Section. The Standard Soil Fertility Analysis
shall include the following parameters: acidity; base saturation (by
calculation); calcium; cation exchange capacity; copper; exchangeable sodium
percentage (by calculation); magnesium; manganese; percent humic matter; pH;
phosphorus; potassium; sodium, and zinc.
[Note: The North Carolina Board for Licensing of Soil
Scientists has determined, via letter dated December 1, 2005, that preparation
of soils reports pursuant to this Paragraph constitutes practicing soil science
pursuant to G.S. 89F.]
(3) A project evaluation and a land
application site management plan, if applicable, with recommendations
concerning cover crops and their ability to accept the proposed application
rates of liquid, solids, minerals and other constituents of the residuals shall
be provided to the Division.
(4)
Unless the land application site is owned by the permittee, property ownership
documentation consisting of a notarized landowner agreement shall be provided
to the Division.
(d) For
new and expanding dedicated land application sites:
(1) Site plans. If required by G.S. 89C, a
professional land surveyor shall provide location information on boundaries and
physical features not under the purview of other licensed professions. Site
plans or maps shall be provided to the Division by the applicant depicting the
location, orientation, and relationship of land application site features
including:
(A) a scaled map of the site, with
topographic contour intervals not exceeding 10 feet or 25 percent of total site
relief and showing all facility-related structures and fences within the land
application area;
(B) the location
of each of the following that are located within 500 feet of the land
application site, including a delineation of its review and compliance
boundaries:
(i) wells, including usage and
construction details if available;
(ii) ephemeral, intermittent, and perennial
streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage
features;
(C) setbacks
as required by Rule .1108 of this Section; and
(D) property boundaries within 500 feet of
the land application site.
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that locating
boundaries and physical features, not under the purview of other licensed
professions, on maps pursuant to this Paragraph constitutes practicing
surveying pursuant to G.S. 89C.]
(2) Engineering design documents for land
applications sites onto which residuals are applied only through fixed
irrigation facilities or irrigation facilities fed through a fixed supply
system. If required by G.S. 89C, a professional engineer shall prepare these
documents. The following documents shall be provided to the Division by the
applicant:
(A) engineering plans for the
facilities and equipment except those previously permitted unless they are
directly tied into the new units or are necessary to understanding the complete
process;
(B) specifications
describing materials to be used, methods of construction, and means for
ensuring quality and integrity of the finished product, including leakage
testing; and
(C) engineering
calculations, including hydraulic and pollutant loading, sizing criteria,
hydraulic profile, total dynamic head and system curve analysis for each pump,
and irrigation design.
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that
preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering pursuant to G.S. 89C.]
(3) Soils report. A soil
evaluation of the land application site shall be provided. This evaluation
shall be presented to the Division by the applicant in a report that includes
the following. If required by G.S. 89F, a soil scientist shall prepare this
evaluation:
(A) field description of soil
profile, based on examinations of excavation pits or auger borings, within
seven feet of land surface or to bedrock describing the following parameters by
individual diagnostic horizons: thickness of the horizon; texture; color and
other diagnostic features; structure; internal drainage; depth, thickness, and
type of restrictive horizon; and presence or absence and depth of evidence of
any seasonal high water table. Applicants shall dig pits if necessary for
proper evaluation of the soils at the site;
(B) recommendations concerning loading rates
of liquids, solids, other residuals constituents, and amendments for land
application sites onto which residuals are applied only through fixed
irrigation facilities or irrigation facilities fed through a fixed supply
system. Annual hydraulic loading rates shall be based on in-situ measurement of
saturated hydraulic conductivity in the most restrictive horizon for each soil
mapping unit. Maximum irrigation precipitation rates shall be provided for each
soil mapping unit;
(C) a
field-delineated soil map delineating soil mapping units within the land
application site and showing all physical features, location of pits and auger
borings, legends, scale, and a north arrow. The legends shall also include
dominant soil series name and family or higher taxonomic class for each soil
mapping unit; and
(D) a
representative soils analysis for standard soil fertility and all pollutants
listed in Rule .1105(b) of this Section. The Standard Soil Fertility Analysis
shall include the following parameters: acidity, base saturation (by
calculation), calcium, cation exchange capacity, copper, exchangeable sodium
percentage (by calculation), magnesium, manganese, percent humic matter, pH,
phosphorus, potassium, sodium, and zinc.
[Note: The North Carolina Board for Licensing of Soil
Scientists has determined, via letter dated December 1, 2005, that preparation
of soils reports pursuant to this Paragraph constitutes practicing soil science
pursuant to G.S. 89F.]
(4) Hydrogeologic report. A hydrogeologic
description prepared by a Licensed Geologist, Licensed Soil Scientist, or
Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively,
shall be provided to the Division by the . applicant. The hydrogeologic
evaluation shall be of the subsurface to a depth of 20 feet or bedrock,
whichever is less deep. An investigation to a depth greater than 20 feet shall
be required if the respective depth is used in predictive calculations. This
evaluation shall be based on sufficient numbers, locations, and depths of
borings to define the components of the hydrogeologic evaluation. In addition
to borings, other techniques may be used to investigate the subsurface
conditions at the site, including geophysical well logs, surface geophysical
surveys, and tracer studies. This evaluation shall be presented in a report
that includes the following components:
(A) a
description of the regional and local geology and hydrogeology;
(B) a description, based on field
observations of the land application site, of the land application site
topographic setting, streams, springs and other groundwater discharge features,
drainage features, existing and abandoned wells, rock outcrops, and other
features that may affect the movement of the contaminant plume and treated
wastewater;
(C) changes in the
lithology underlying the site;
(D)
depth to the bedrock and the occurrence of any rock outcrops;
(E) the hydraulic conductivity and
transmissivity of the affected aquifer as determined by in-situ field testing,
such as slug tests or pumping tests, in the intended area of
irrigation;
(F) the depth to the
seasonal high water table;
(G) a
discussion of the relationship between the affected aquifers of the land
application site to local and regional geologic and hydrogeologic
features;
(H) a discussion of the
groundwater flow regime of the site prior to the operation of the proposed site
and the post operation of the proposed site, focusing on the relationship of
the site to groundwater receptors, groundwater discharge features, and
groundwater flow media; and
(I) if
residuals are applied through fixed irrigation facilities or irrigation
facilities fed through a fixed supply system only and if the seasonal high
water table is within six feet of the surface, a mounding analysis to predict
the level of the seasonal high water table after residuals land application.
[Note: The North Carolina Board for Licensing of
Geologists, via letter dated April 6, 2006, North Carolina Board for Licensing
of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board
of Examiners for Engineers and Surveyors, via letter dated December 1, 2005,
have determined that preparation of hydrogeologic description documents
pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E,
soil science pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]
(5) For land
application sites onto which residuals are applied through fixed irrigation
facilities or irrigation facilities fed through a fixed supply system only, the
applicant shall provide to the Division a water balance that determines the
required residuals storage based upon the following most limiting factor:
(A) hydraulic loading based on the most
restrictive horizon;
(B) hydraulic
loading based on the groundwater mounding analysis;
(C) nutrient management based on agronomic
rates for the specified cover crop; or
(D) nutrient management based on crop
management.
(6) A
project evaluation and a receiver site management plan (if applicable) with
recommendations concerning cover crops and their ability to accept the proposed
application rates of liquid, solids, minerals and other constituents of the
residuals shall be provided to the Division by the applicant.
(7) Property Ownership Documentation shall be
provided to the Division by the applicant consisting of:
(A) legal documentation of ownership, such as
a contract, deed, or article of incorporation;
(B) an agreement of an intent to purchase the
property that is written, notarized, and signed by both parties, accompanied by
a plat or survey map; or
(C) an
agreement to lease the property that is written, notarized, and signed by both
parties, indicating the intended use of the property, accompanied by a plat or
survey map. Lease agreements shall adhere to the requirements of
15A NCAC
02L .0107.
(e) For new and expanding surface disposal
units:
(1) Site plans. If required by G.S.
89C, a professional land surveyor shall provide location information on
boundaries and physical features not under the purview of other licensed
professions. Site plans or maps shall be provided to the Division by the
applicant depicting the location, orientation, and relationship of the surface
disposal unit features including:
(A) a scaled
map of the surface disposal unit, with topographic contour intervals not
exceeding 10 feet or 25 percent of total site relief and showing all surface
disposal unit-related structures and fences within the surface disposal
unit;
(B) the location of each of
the following that are located within 500 feet of a waste treatment, storage,
or disposal site, including a delineation of their review and compliance
boundaries:
(i) wells, including usage and
construction details if available;
(ii) ephemeral, intermittent, and perennial
streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage
features;
(C) setbacks
as required by Rule .1108 of this Section; and
(D) site property boundaries within 500 feet
of the surface disposal unit.
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that locating
boundaries and physical features, not under the purview of other licensed
professions, on maps pursuant to this Paragraph constitutes practicing
surveying pursuant to G.S. 89C.]
(2) Engineering design documents. If required
by G.S. 89C, a professional engineer shall prepare these documents. The
following documents shall be provided to the Division by the applicant:
(A) engineering plans for the surface
disposal unit and equipment except those previously permitted unless they are
directly tied into the new units or are necessary to understanding the complete
process;
(B) specifications
describing materials to be used, methods of construction, and means for
ensuring quality and integrity of the finished product, including leakage
testing; and
(C) engineering
calculations, including hydraulic and pollutant loading, sizing criteria,
hydraulic profile, and total dynamic head and system curve analysis for each
pump.
[Note: The North Carolina Board of Examiners for Engineers
and Surveyors has determined, via letter dated December 1, 2005, that
preparation of engineering design documents pursuant to this Paragraph
constitutes practicing engineering pursuant to G.S. 89C.]
(3) Soils report. A soil
evaluation of the surface disposal unit site shall be provided to the Division
by the applicant in a report that includes the following. If required by G.S.
89F, a soil scientist shall prepare this evaluation:
(A) field description of soil profile, based
on examinations of excavation pits or auger borings, within seven feet of land
surface or to bedrock describing the following parameters by individual
diagnostic horizons: thickness of the horizon; texture; color and other
diagnostic features; structure; internal drainage; depth, thickness, and type
of restrictive horizon; and presence or absence and depth of evidence of any
seasonal high water table. Applicants may be required to dig pits when
necessary for proper evaluation of the soils at the site; and
(B) a field-delineated soil map delineating
major soil mapping units within the surface disposal unit site and showing all
physical features, location of pits and auger borings, legends, scale, and a
north arrow. The legends shall also include dominant soil series name and
family or higher taxonomic class for each soil mapping unit.
[Note: The North Carolina Board for Licensing of Soil
Scientists has determined, via letter dated December 1, 2005, that preparation
of soils reports pursuant to this Paragraph constitutes practicing soil science
pursuant to G.S. 89F.]
(4) Hydrogeologic report. A hydrogeologic
description prepared by a Licensed Geologist, Licensed Soil Scientist, or
Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively,
shall be provided to the Division by the applicant. The hydrogeologic
evaluation shall be of the subsurface to a depth of 20 feet or bedrock,
whichever is less deep. An investigation to a depth greater than 20 feet shall
be required if the respective depth is used in predictive calculations. This
evaluation shall be based on sufficient numbers, locations, and depths of
borings to define the components of the hydrogeologic evaluation. In addition
to borings, other techniques may be used to investigate the subsurface
conditions at the site, including geophysical well logs, surface geophysical
surveys, and tracer studies. This evaluation shall be presented in a report
that includes the following components:
(A) a
description of the regional and local geology and hydrogeology;
(B) a description, based on field
observations of the site, of the site topographic setting, streams, springs and
other groundwater discharge features, drainage features, existing and abandoned
wells, rock outcrops, and other features that may affect the movement of the
contaminant plume and treated wastewater;
(C) changes in the lithology underlying the
site;
(D) the depth to bedrock and
the occurrence of any rock outcrops;
(E) the hydraulic conductivity and
transmissivity of the affected aquifer as determined by in-situ field testing,
such as slug tests or pumping tests, in the intended area of
irrigation;
(F) the depth to the
seasonal high water table;
(G) a
discussion of the relationship between the affected aquifers of the site to
local and regional geologic and hydrogeologic features; and
(H) a discussion of the groundwater flow
regime of the site prior to the operation of the proposed unit and the post
operation of the proposed unit, focusing on the relationship of the unit to
groundwater receptors, groundwater discharge features, and groundwater flow
media.
[Note: The North Carolina Board for Licensing of
Geologists, via letter dated April 6, 2006, North Carolina Board for Licensing
of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board
of Examiners for Engineers and Surveyors, via letter dated December 1, 2005,
have determined that preparation of hydrogeologic description documents
pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E,
soil science pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]
(5) Property Ownership
Documentation shall be provided to the Division by the applicant consisting of:
(A) legal documentation of ownership, such as
a contract, deed, or article of incorporation;
(B) an agreement of an intent to purchase the
property that is written, notarized, and signed by both parties, accompanied by
a plat or survey map; or
(C) an
agreement to lease the property that is written, notarized, and signed by both
parties, indicating the intended use of the property, accompanied by a plat or
survey map. Lease agreements shall adhere to the requirements of
15A NCAC
02L .0107.