WQ0042882_Final Permit_20221108

November 8, 2022
D ANIEL W. AND K AMI J. D OWNEY
10506 A BBERLY V ILLAGE L ANE A PARTMENT 701
F REDERICKSBURG, V IRGINIA 22407
Subject: Permit No. WQ0042882
3911 Abilene Rd. SFR
Single-Family Residence
Wastewater Irrigation System
Cabarrus County
Dear Mr. and Mrs. Downey:
In accordance with your permit minor modification request received September 6, 2022, we are
forwarding herewith Permit No. WQ0042882 dated November 8, 2022, to Daniel W. and Kami J. Downey
for the construction and operation of the subject single-family residence wastewater treatment and irrigation
facilities.
The following modifications to the subject permit are as follows:
Operation language has been added because the compliance schedules listed under Conditions
I.1, I.2, and I.3 have been completed from the previously issued permit.
This permit shall be effective from the date of issuance through August 31, 2028, shall replace
Permit No. WQ0042882 issued February 17, 2022, and shall be subject to the conditions and limitations
therein. The Permittee shall submit a renewal application no later than March 4, 2028.
Please pay attention to the operation and maintenance requirements listed in Section III for they
may differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems. Also, note
that Condition VI.6. requires the Permittee to retain a set of Division-approved plans and specifications for
the life of the facilities permitted herein.
The Division has removed the following permit conditions since the last permit issuance dated
February 17, 2022:
Old Condition I.1 Documentation has been submitted demonstrating that Parcel No.
5549819306000 has been properly subdivided and sold to Daniel W. and Kami J. Downey,
therefore this condition is no longer required.
Old Condition I.2 A recorded setback waiver from Craig A. and Shannon B. Carter has been
provided, which allows for the construction of treatment units and disposal of wastewater
within the required 50-foot setback of their property line, therefore this condition is no longer
required.

Mr. Daniel W. Downey and Mrs. Kami J. Downey
November 8, 2022
Page 2 of 2
Old Condition I.3 The compliance schedules listed in Old Condition I.1 and I.2 have been
completed, therefore this condition is no longer required.
Old Condition II.10 This condition has been removed and replaced by Condition II.10.
The following permit condition is new since the last permit issuance dated February 17, 2022:
Condition II.10. This condition has been updated with the reduced setbacks from the recorded
setback waiver for Parcel No. 55499019460000.
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. Otherwise, this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this permit, please contact Zachary Mega at [phone] or
[e-mail].
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Cabarrus County Health Department (Electronic Copy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Kevin D. Davidson, PE Agri-Waste Technology, Inc. (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEM 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
Daniel W. and Kami J. Downey
Cabarrus County
FOR THE
construction and operation of a 360 gallon per day (GPD) single-family residence wastewater treatment
and irrigation facility consisting of:
a 1,500 gallon septic tank with an effluent filter; an AdvanTex AX20-RT treatment system; a 800 gallon
recirculation tank with a 16.75 gallon per minute (GPM) recirculation pump, audible/visual high-water
alarms, and a control panel; a 6 GPM ultraviolet (UV) lamp disinfection unit; a 3,500 gallon field dosing
tank with a 15.9 GPM pump, audible/visual high-water alarms, and control panel; a vortex screen filter; a
rain sensor; a 0.37 acre drip irrigation area; and all associated piping, valves, controls, and appurtenances
to serve the single-family residence at 3911 Abilene Rd., Concord, NC 28025 with no discharge of wastes
to surface waters, pursuant to the application received September 6, 2022, and in conformity with the
Division-approved plans and specifications considered a part of this permit.
This permit shall be effective from the date of issuance through August 31, 2028, shall replace Permit No.
WQ0042882 issued February 17, 2022, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. Upon completion of construction and prior to operation of this permitted facility, the Permittee shall
submit an engineering certification from a North Carolina licensed Professional Engineer certifying
that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative
Code Title 15A Subchapter 02T, this permit, and the Division-approved plans and specifications. For
phased and partially certified facilities, the Permittee shall retain the responsibility to track further
construction approved under this permit, and shall provide a final engineering certification upon project
completion. Mail the Engineering Certification to the Division of Water Resources, Non-Discharge
Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or [e-mail].
\[15A NCAC 02T .0116(a)\]
2. The Permittee shall notify the Mooresville Regional Office, telephone number [phone], at least
two business days in advance of initial operation of the constructed facilities so that the Division can
conduct a startup inspection. \[15A NCAC 02T .0108(b)(1)(B)\]
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3. Upon completion of construction and prior to irrigation, a soil evaluation shall be completed for all
areas where fill material is placed within the permitted irrigation areas. The report shall certify that
areas utilizing fill material are capable of accepting the designed loading rate. This report shall
specifically address, but not be limited to, soil features such as soil compaction and saturated hydraulic
conductivity of the least permeable layer, soil fertility report and any amendments added, verification
of fill suitability and depth of fill material (and to the seasonal high water table) across the field, as well
. The soil scientist
evaluation shall be mailed to the Division of Water Resources, Non-Discharge Branch, 1617 Mail
Service Center, Raleigh, NC 27699-1617 or [e-mail]. Irrigation of
wastewater shall not occur until the Mooresville Regional Office approves the soils evaluation. \[15A
NCAC 02T .0108(b)(1)(A)\]
4. The Permittee shall request renewal of this permit on Division-approved forms no later than March 4,
2028. \[15A NCAC 02T .0105(b), 02T .0109\]
5. If a public or community sewage system is or becomes available, the Permittee shall connect to this
system, and shall request rescission of the single-family residence wastewater treatment and irrigation
facilities permitted herein. \[15A NCAC 02T .0607\]
II. PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject non-discharge facilities so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the irrigation areas to assimilate the effluent, the Permittee
shall take immediate corrective actions, including Division required actions, such as the construction
of additional or replacement wastewater treatment or disposal facilities. \[15A NCAC 02T
.0108(b)(1)(A)\]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. \[15A NCAC 02T .0108(b)(1)(A)\]
3. The Permittee shall apply treated wastewater effluent at or below the following rates:
TABLE 1 APPLICATION LIMITATIONS
Field Parameter Hourly Rate Yearly Max Units
1 01284 Non-Discharge Application Rate 0.20 11.93 inches
\[15A NCAC 02T .0605(j)\]
4. The Permittee shall only apply treated wastewater effluent to the following:
TABLE 2 IRRIGATION AREA INFORMATION
Net Dominant
Field Owner County Latitude Longitude
Acreage Soil Series
1 Daniel W. and Kami J. Downey Cabarrus 35.364444° -80.513333° 0.37 Enon
\[15A NCAC 02T .0108(b)(1)(A)\]
5. The attached Operation and Maintenance Agreement shall be a condition of this permit.
Noncompliance with the terms of the Operation and Maintenance Agreement shall subject the Permittee
to all sanctions under G. S. 143-215.6A, G.S. 143-215.6B, and G.S. 143-215.6C for violation of or
failure to act in accordance with the terms and conditions of this permit. \[15A NCAC 02T .0604(h)\]
6. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent
irrigation during precipitation events or wet conditions. \[15A NCAC 02T .0605(o)\]
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7. The compliance boundary is the property boundary. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division-approved relocation of the
compliance boundary shall be noted in Condition II.4. Multiple contiguous properties under common
ownership and permitted for use as a disposal system shall be treated as a single property with regard
to determination of a compliance boundary. \[15A NCAC 02L .0106(d)(2), 02L .0107(i), 02T .0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)\]
8. The review boundary is midway between the compliance boundary and the effluent disposal area. Any
exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. \[15A NCAC 02L .0106(d)(1), 02L .0108\]
9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). \[15A NCAC
02L .0107(c)\]
10. The facilities herein were permitted per the following setbacks:
a. The irrigation sites were originally permitted February 17, 2022. The setbacks for drip irrigation
sites originally permitted or modified on or after September 1, 2018, are as follows (all distances
in feet):
1
i. Each habitable residence or place of assembly under separate ownership: 100
ii. Each habitable residence or place of assembly owned by the Permittee: 15
iii. Each private or public water supply source: 100
iv. Surface waters: 100
v. Groundwater lowering ditches: 100
vi. Surface water diversions: 25
vii. Each well with exception of monitoring wells: 100
2, 3
viii. Each property line: 50
ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15
x. Each water line: 10
xi. Subsurface groundwater lowering drainage systems: 100
xii. Public right of way: 50
xiii. Nitrification field: 20
xiv. Each building foundation or basement: 15
1
Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2
Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
3
Per a setback waiver recorded in the Cabarrus County Register of Deeds, reduced setbacks
from the wetted area to any property line are as follows:
Parcel No. Deed Book / Page Setback Easement
55499019460000 16126 / 111 10 feet 40 feet
\[15A NCAC 02T .0606(a), 02T .0606(c), 02T .0606(d), 02T .0606(e)\]

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b. The storage and treatment units were originally permitted February 17, 2022. The setbacks for
storage and treatment units originally permitted or modified on or after September 1, 2018, are as
follows (all distances in feet):
1
i. Each habitable residence or place of assembly under separate ownership: 100
ii. Each private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
2, 3
v. Each property line: 50
1
Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2
Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
3
Per a setback waiver recorded in the Cabarrus County Register of Deeds, reduced setbacks
from the storage and treatment units to any property line are as follows:
Parcel No. Deed Book / Page Setback Easement
55499019460000 16126 / 111 10 feet 40 feet
\[15A NCAC 02T .0606(b), 02T .0606(c), 02T .0606(d), 02T .0606(e)\]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as a non-discharge system. \[15A NCAC
02T .0600\]
2.
classification of the subject non-discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. \[15A NCAC 02T
.0117\]
3. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. \[15A NCAC 02T
.0608(a)\]
4. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Condition II.4. \[15A NCAC 02T .0608(b)\]
5. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. \[15A NCAC 02T .0605(o)\]
6. The Permittee shall only irrigate treated effluent from the single-family residence at 3911 Abilene Rd.,
Concord, NC 28025 on the sites listed in Condition II.4. \[15A NCAC 02T .0601\]
7. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. \[15A NCAC 02T .0608(d)\]
8. The Permittee shall prohibit public access to the wastewater treatment and irrigation facilities through
lockable treatment units, and fencing around the irrigation sites. \[15A NCAC 02T .0605(i)\]
9. The Permittee shall dispose or utilize generated residuals in a Division-approved manner. \[15A NCAC
02T .1100\].
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10. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. \[15A NCAC 02T .0605(f)\]
11.Pump tanks shall have audible and visual alarms external to any structure.\[15A NCAC 02T .0605(n)\]
12. The Permittee shall line any excavation into bedrock with a 10 millimeter synthetic liner. \[15A NCAC
02T .0605(d)\]
13. Metering equipment shall be tested and calibrated annually. \[15A NCAC 02T .0608(c)\]
14. The Permittee is responsible for the operation and maintenance of the wastewater treatment and
irrigation system including the following:
a. Inspect the septic tank annually, and pump out solids as needed. Inspect and clean the septic tank
effluent filter annually.
b. Inspect the ultraviolet disinfection unit weekly. Clean or replace the lamps and quartz sleeves as
needed.
c. Inspect all storage tanks, pumps, and alarms monthly. Remove the floating scum layer in all
pump/storage tanks when pumping the septic tank solids out.
d. Inspect the drip irrigation system monthly to verify: proper operation of the drip lines; that there
are no leaks; that vegetative growth does not obstruct the drip emitters; that the irrigated wastewater
is not ponding in or running off the designated irrigation area; and that there are no objectionable
odors.
\[15A NCAC 02T .0608\]
IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
groundwater and surface water. \[15A NCAC 02T .0108(c)\]
2. Noncompliance Notification:
The Permittee shall report to the Mooresville Regional Office, telephone number [phone],
within 24 hours of first knowledge of the following:
a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
b. Any facility failure resulting in a discharge to surface waters.
c. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
d. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Mooresville Regional Office within five
days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to
ensure the problem does not recur. \[15A NCAC 02T .0108(b)(1)(A)\]

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V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigationfacilities.\[15A NCAC 02T .0608(f)\]
2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and maintenance, repairs, or corrective
actions taken. The Permittee shall maintain this inspection log for a period of five years from the date
of the inspection, and this log shall be made available to the Division upon request. \[15A NCAC 02T
.0608(e), 02T .0608(f)\]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein
at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. \[G.S. 143-215.3(a)(2)\]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. \[G.S. 143-215.6A, 143-215.6B, 143-215.6C\]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division-approved plans and specifications. \[G.S. 143-215.1(d)\]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. \[15A
NCAC 02T .0105(n)\]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. \[15A NCAC 02T .0105(c)(6)\]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division-approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor-owner. \[G.S. 143-
215.1(d3)\]
6. The Permittee shall retain a set of Division-approved plans and specifications for the life of the facilities
permitted herein. \[15A NCAC 02T .0105(o)\]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. \[15A NCAC 02T .0105(j)\]

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8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a.violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c.
i. to enter the where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. ee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
\[15A NCAC 02T .0110\]
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
\[15A NCAC 02T .0120(b), 02T .0120(d)\]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
\[15A NCAC 02T .0120(c)\]
th
Permit issued this the 8 day of November 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
____________________________________________
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0042882
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Permit No. WQ0042882 Single-Family Residence Wastewater Irrigation System
Daniel W. and Kami J. Downey November 8, 2022
3911 Abilene Rd. SFRCabarrusCounty
E NGINEERING C ERTIFICATION
Partial Final
I, , as a duly licensed North Carolina Professional
Engineer, having periodically / fully observed the construction of the permitted facilities, do hereby
state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02T, this permit, and the Division-approved plans and
specifications.
Documentation of any variation to this permit, and the Division-approved plans and specifications, is in the
attached as-built drawings.
Description of variations:

Firm Name Firm No.

Address

City State Zip Code

Telephone Email Seal, Signature, and Date
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
NON-DISCHARGE BRANCH
By U.S. Postal Service By Courier/Special Delivery
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
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WQ0042882