Current through Register Vol. 38, No. 18, March 15, 2024
(a)
Soil characteristics (Morphology) that shall be evaluated are as follows:
(1) Texture - The relative proportions of the
sand, silt, and clay sized mineral particles in the fine-earth fraction of the
soil are referred to as soil texture. The texture of the different horizons of
soils shall be classified into three general groups and 12 soil textural
classes based upon the relative proportions of sand, silt, and clay sized
mineral particles.
(A) Soil Group I - Sandy
Texture Soils: The sandy group includes the sand and loamy sand textural
classes.
(B) Soil Group II - Coarse
Loamy and Fine Loamy Texture Soils: The coarse loamy and fine loamy group
includes sandy loam, loam, silt, silt loam, sandy clay loam, clay loam, and
silty clay loam textural classes.
(C) Soil Group III - Clayey Texture Soils:
The clayey group includes sandy clay, silty clay, and clay textural
classes.
(2) The soil
textural class shall be determined in the field by hand texturing samples of
each soil horizon in the soil profile using the following criteria:
(A) Sand: Sand has a gritty feel, does not
stain the fingers, and does not form a ribbon or ball when wet or
moist;
(B) Loamy Sand: Loamy sand
has a gritty feel, stains the fingers, forms a weak ball, and cannot be handled
without breaking;
(C) Sandy Loam:
Sandy loam has a gritty feel and forms a ball that can be picked up with the
fingers and handled with care without breaking;
(D) Loam: Loam may have a slightly gritty
feel but does not show a fingerprint and forms only short ribbons of from 0.25
inch to 0.50 inch in length. Loam forms a ball that can be handled without
breaking;
(E) Silt Loam: Silt loam
has a floury feel when moist and shows a fingerprint but does not form a ribbon
and forms only a weak ball;
(F)
Silt: Silt has a floury feel when moist and sticky when wet but does not form a
ribbon and forms a ball that tolerates some handling;
(G) Sandy Clay Loam: Sandy clay loam has a
gritty feel but contains enough clay to form a firm ball and may form ribbons
from 0.75 inch to one-inch long pieces;
(H) Silty Clay Loam: Silty clay loam is
sticky when moist and forms a ribbon from one to two inches. Rubbing silty clay
loam with the thumbnail produces a moderate sheen. Silty clay loam produces a
distinct fingerprint;
(I) Clay
Loam: Clay loam is sticky when moist. Clay loam forms a thin ribbon of one to
two inches in length and produces a slight sheen when rubbed with the
thumbnail. Clay loam produces a nondistinct fingerprint;
(J) Sandy Clay: Sandy clay is plastic,
gritty, and sticky when moist and forms a firm ball and produces a thin ribbon
over two inches in length;
(K)
Silty Clay: Silty clay is both plastic and sticky when moist and lacks gritty
feeling. Silty clay forms a ball and ribbons to over two inches in
length;
(L) Clay: Clay is both
sticky and plastic when moist, produces a thin ribbon over two inches in
length, produces a high sheen when rubbed with the thumbnail, and forms a
strong ball resistant to breaking;
(M) The Division shall allow laboratory
determination of the soil textural class as defined in this Section by
particle-size analysis of the fine-earth fraction (less than 2.0 mm in size)
using the sand, silt, and clay particle sizes as defined in this Section for
field testing when conducted in accordance with ASTM standard test methods
D6913 for sieve analysis or D7928 for hydrometer analysis.
(3) Wetness Condition:
(A) Soil wetness conditions caused by a
seasonal high water table, perched water table, tidal water, or seasonally
saturated soils shall be determined by observation of common soil mottles of
colors of chroma 2 or less, using the Munsell color chart, in mottle or a solid
mass. If drainage modifications have been made, the soil wetness conditions may
be determined by direct observation of the water surface in monitoring wells
during periods of typically high water elevations. However, colors of chroma 2
or less that are relic from minerals of the parent material shall not be
considered indicative of a soil wetness condition.
(B) Soils that do not meet the required
depths to a soil wetness condition as set forth in Subparagraphs (4) - (7) of
this Paragraph shall be considered unsuitable and septage shall not be applied,
unless the required depths may be maintained. Water table monitoring wells may
be utilized to determine the actual depth to a soil wetness condition. The
Division may limit discharges to certain months where soil wetness conditions
are marginal for use.
(C) The
required depth to a soil wetness condition is determined by the Soil Group
Textural Classification, as set forth in Subparagraphs (4) - (7) of this
Paragraph.
(4) Soil
Group I soil shall be considered suitable where soil wetness conditions are
deeper than 36 inches below the point of septage application or
incorporation.
(5) Soil Group II
soils shall be considered suitable where soil wetness conditions are deeper
than 24 inches below the point of septage application or
incorporation.
(6) Soil Group III
soils shall be considered suitable where soil wetness conditions are deeper
than 18 inches below the point of septage application or
incorporation.
(7) Depth to rock:
soil depth shall be considered suitable where depth to rock is deeper than 24
inches below the point of septage application or incorporation or deeper than
18 inches if the septage is pretreated to accomplish pathogen reduction and
surface applied over vegetation.
(8) Mine reclamation sites shall be
considered on a case-by-case basis, based on compliance with the Rules of this
Section, the previous use of the mine, and the current condition of the
mine.
(b) Septage land
application sites shall not be located in the watershed of a Class WS-I stream.
New septage land application sites shall not be located in the water quality
critical area of Class WS-II, WS-III, or WS-IV streams or reservoirs. This
prohibition shall not apply to those portions of a water supply watershed that
are drained by Class B or Class C streams.
(c) At the time of initial permitting,
septage land application sites shall observe the minimum setback distances
specified in this Rule. Minimum setbacks shall be maintained throughout the
life of the site only on land owned, operated, or controlled by the permittee
or by the landowner(s) at the time of initial permitting. Any sale, lease, or
other conveyance of land by the permittee, or by the landowner(s) if different
from the permittee, subsequent to the initial permitting of the site shall
include restrictions to ensure continued maintenance of the setbacks.
(d) All septage disposal sites shall be
located at least the minimum distance specified for the following:
(1) residence:
(A) not occupied by the applicant - 500
feet;
(B) occupied by the applicant
- 100 feet;
(2) place of
business, other than the septage management firm's office or related buildings,
or place of public assembly - 500 feet;
(3) well or water supply spring - 500
feet;
(4) surface waters - stream
classification shall be determined in accordance with
15A NCAC
02B .0301 through
02B .0317 Assignment of Stream
Classifications;
(5) fresh waters:
(A) Class WS-I, Class WS-II, or Class WS-III
streams - 300 feet;
(B) Class B
stream - 300 feet;
(C) Class C
stream - 200 feet;
(D) other
streams and bodies of water - 200 feet;
(6) tidal salt waters:
(A) Class SA or Class SB - 300 feet from mean
high water mark;
(B) Class SC and
other coastal waters - 200 feet from mean high water mark;
(7) supplemental classifications:
(A) trout waters and swim waters - 200
feet;
(B) nutrient sensitive waters
and outstanding resource waters - 300 feet;
(8) groundwater lowering ditches and devices
- 100 feet;
(9) adjoining property
under separate ownership or control - 50 feet;
(10) public road right of ways - 100
feet;
(11) food crops - 50
feet;
(12) wetlands - 50
feet;
(13) woods line - five feet,
unless greater distance is required as part of an erosion and runoff control
plan;
(14) land application site on
the same tract of land, permitted to a different operator - 100 feet;
and
(15) setbacks in Subparagraphs
(d)(3), (4), (5), (6), (7), and (8) of this Rule may be reduced 50 percent when
septage is pretreated to accomplish pathogen reduction and when the land within
the setback area is in permanent, established grass with at least 95 percent
cover or when the setback area is in forest with a continuous canopy and a 95
percent forest litter cover. Accurate property line locations shall be the
responsibility of the site operator.
(e) Septage land application sites less than
five acres in size, individual fields of a site less than two acres in size,
and sites with complex soil patterns or unusual shapes shall be permitted only
if the applicant demonstrates to the Division that the site will be managed for
crop production and that septage will be applied with uniform distribution over
the entire permitted application area.
(f) Septage land application sites shall not
be located where the slope of the land is greater than 12 percent unless all of
the conditions of this Paragraph are met:
(1)
the site is in permanent, established grass with at least 95 percent cover or
is in forest with a continuous canopy and a 95 percent forest litter
cover;
(2) the erosion and runoff
management plans submitted to the Division in accordance with Rule .0840(c)(14)
of this Section shall indicate the following:
(A) management practices and discharge
methods that will be used to reduce the potential for run-off from the site and
allow for the uniform distribution of septage over the entire permitted
application area; and
(B) location
of potential surface water monitoring devices upslope and downslope from the
area proposed to be permitted and identification of sampling methods.
Monitoring may be required if there is an indication that septage is entering
surface waters.
(3) The
Division may increase setbacks or decrease application rates for the protection
of surface waters; and
(4) no site
shall include slopes in excess of 25 percent.
(g) A new septage land application site shall
not jeopardize the continued existence of threatened or endangered species or
result in the destruction or adverse modification of a critical habitat
protected under the Federal Endangered Species Act of 1973. Agricultural land
shall not be considered potential habitat.
(h) Septage, or any part of septage, treated
to meet the standard for Class A sewage sludge in accordance with the federal
regulations for pathogen reduction and vector attraction reduction in 40 CFR
Part 503, Subpart D, may be permitted by the Division for application to a
public contact site, home lawns and gardens, or to be sold or given away in a
bag or other container, provided it can be demonstrated that pollutant limits
in 40 CFR
503.13(b)(3) Table 3
Pollutant Concentrations are not exceeded. Persons who prepare the septage, and
persons who derive material from the septage, shall comply with the applicable
record keeping requirements in
40 CFR
503.17(a)(1), (2) or (6).
Documentation and certification by the operator that the treatment method meets
the Class A standard shall be available to the Division upon request. All
treatment methods and facilities shall obtain a permit from the Division in
accordance with Rule .0837 of this Section.