HomeMy WebLinkAboutWQ0013808_Final Permit_20230627ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
WILLIAM KOTIS, JR. — PRESIDENT
KOTIS PROPERTIES, INC.
POST OFFICE BOX 9296
GREENSBORO, NORTH CAROLINA 27429
Dear Mr. Kotis,
NORTH CAROLINA
Environmental Quality
June 27, 2023
Subject: Permit No. WQ0013808
Summerfield Shopping Center
WWTF
Wastewater Irrigation System
Guilford County
In response to your permit renewal request received on January 24, 2023, and subsequent additional
information received on April 11, 2023, we are forwarding herewith Permit No. WQ0013808 dated June
27, 2023, to Kotis Properties, Inc. for the continued operation of the subject wastewater treatment and
irrigation facilities.
This permit is effective from August 1, 2023, through June 30, 2030, shall replace Permit No.
WQ0013808 issued on August 29, 2018, and is subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than January 1, 2030.
Please pay attention to the monitoring requirements listed in Attachments A and B for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information may result in future non-compliance.
The Division has removed the following permit condition since the last permit issuance dated
August 29, 2018:
➢ Old Condition 11.10 — The Division has removed this permit condition because the Permittee
owns all irrigation sites.
➢ Old Condition VL2 — The Division has removed this permit condition because permits are not
voidable.
The following permit conditions are new or modified since the last permit issuance dated
August 29, 2018:
➢ Condition IIL16 — This condition requires the Permittee to test and calibrate metering
equipment annually.
➢ Condition IIL17 — This condition requires the Permittee to provide and maintain an onsite,
automatically activated, standby power source.
D � North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
'.'roMMm 0; /I 919,707,9000
Mr. William Kotis, Jr.
June 27, 2023
Page 2 of 2
➢ Condition IV.9 — The Division has modified this permit condition and now requires the
Permittee to record the date of flow measurement device calibration, date of irrigation
equipment calibration, and date and result of the alternate power supply testing within the
maintenance log in addition to the preexisting entries.
➢ Condition VL9 —The Division has added this permit that requires a Division Director approved
variance to renew a permit with an unpaid annual fee.
This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B
of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those
interested in filing may access additional information regarding the requirements for filing a Petition and
Petition forms at the OAH website or by calling the OAH Clerk's Office at (919) 431-3000. A party filing
a Petition shall serve a copy of the Petition on the Department of Environmental Quality's Office of General
Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the party filing the Petition is not the
Permittee, then the party shall also serve the Permittee pursuant to G.S. 15013-23(a).
If you need additional information concerning this permit, please contact Cord Anthony at (919)
707-3655 or cord.anthony&deq.nc.gov.
Sincerely,
DocuSigned by:
Na l� a�,t tc,l tuvv ewo
D1043082080C483...
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Guilford County Health Department (Electronic Copy)
Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
Pursuant to 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
Kotis Properties, Inc.
Guilford County
FOR THE
continued operation of a 3,600 gallon per day (GPD) wastewater treatment and irrigation facility consisting
o£
a 1,500 gallon grease trap; a 3,000 gallon baffled septic tank with an effluent filter; a 5,000 gallon septic
tank; a 9,000 gallon sand filter dosing pump station with two 3 horsepower (hp) pumps; a 2,500 square foot
(fe) recirculating sand filtration system with a low-pressure pipe (LPP) distribution system; two wetland
cells; a level control/flow splitter box; a tablet chlorinator or ultraviolet (UV) disinfection system; a 360
gallon baffled chlorine contact chamber; a nine -foot diameter wet -well with duplex 70 gallon per minute
(GPM) pumps, and on -site visual/audible high-water alarms; an on -site emergency generator with an
automatic transfer switch; a level control/flow splitter downstream of the southern wetland unit; a 750
gallon wet weather storage pond pump station with 35 GPM submersible pumps, and audible/visual high-
water alarms; a 550,000 gallon lined wet -weather storage pond; a precipitation sensor; three disc filters in
series; a 1.40 acre drip irrigation system containing three zones; and all associated piping, valves, controls,
and appurtenances
to serve the Summerfield Shopping Center WWTF, with no discharge of wastes to surface waters, pursuant
to the application received on January 24, 2023, subsequent additional information received on April 11,
2023, and in conformity with the Division -approved plans and specifications considered a part of this
permit.
This permit is effective from August 1, 2023 through June 30, 2030, shall replace Permit No. WQ0013808
issued on August 29, 2018, and is subject to the following conditions and limitations:
I. SCHEDULES
1. If the permitted facilities change ownership or the Permittee changes its name, the Permittee shall
submit a permit modification request on Division -approved forms within 90 days of the change of
ownership. The Permittee shall comply with all terms and conditions of this permit until the Division
transfers the permit to the successor -owner. [G.S. 143-215.IW)]
2. The Permittee shall request renewal of this permit on Division -approved forms no later than January 1,
2030. [15A NCAC 02T .0105(b), 02T .0109]
WQ0013808 Version 5.0 Shell Version 230516 Page 1 of 9
IL PERFORMANCE STANDARDS
The Permittee shall operate and maintain the subject wastewater treatment and irrigation facilities so
there is no discharge to surface waters, nor any contravention of groundwater or surface water
standards. In the event the facilities do not perform as designed, 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 its responsibility for contravention of groundwater or
surface water standards resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
3. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1)(A)]
4. The Permittee shall not irrigate effluent in exceedance of the hydraulic and agronomic rates specified
m Attachment B. [15A NCAC 02T .0108(b)(1)(A)]
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 .0505(x)1
6. For wastewater irrigation fields originally permitted on or after December 30, 1983, the Division has
established the compliance boundary 250 feet from the irrigation area boundary or 50 feet within the
property boundary, whichever is closest to the irrigation area boundary. Any exceedance of
groundwater standards at or beyond the compliance boundary shall require the Permittee to take
corrective action. The Division shall note any Division -approved relocation of the compliance
boundary in Attachment B. The Division shall consider multiple contiguous properties under common
ownership and permitted for use as a disposal system as a single property regarding the determination
of a compliance boundary. [15A NCAC 02L .0106(e), 02L .0107(b), 02L .0107(c), 02L .0107(fl, 02T
.0105 h
7. The Division has established the review boundary midway between the compliance boundary and the
irrigation area boundary. Any exceedance of groundwater standards at or beyond the review boundary
shall require the Permittee to take preventative action. [ 15A NCAC 02L .0106(d), 02L .0108]
8. The Permittee shall notify the Division of any sale or transfer of property affecting a compliance
boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(1)]
9. The Permittee or any landowner who owns land within the compliance boundary shall not construct
any water supply wells within the compliance boundary. [ 15A NCAC 02L .0107(i)1
WQ0013808 Version 5.0 Shell Version 230516 Page 2 of 9
10. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks:
a. The Division originally permitted irrigation sites Fields 1 and 2 on February 25, 1998, with an
application received on April 29, 1997. The Division originally permitted irrigation site Field 3 on
January 23, 2004, with an application received on July 31, 2002. The setbacks for drip irrigation
sites originally permitted or modified with an application received from February 1, 1993, through
August 31, 2006, are as follows (all distances in feet):
i. Each private or public water supply source:
100
ii. Surface waters:
100
iii. Groundwater lowering ditches:
25
iv. Surface water diversions (upslope):
10
v. Surface water diversions (downslope):
25
vi. Each well with exception of monitoring wells:
100
vii. Each property line:
50 '
viii. Top of slope of embankments or cuts of two feet or more in vertical height:
15
ix. Each water line:
10
x. Each swimming pool:
100
xi. Public right of way:
50
xii. Nitrification field:
20
xiii. Each building foundation or basement:
15
' 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.
[ 15A NCAC 02H .0219(i)(5)]
b. The Division originally permitted the 1,500 gallon grease trap; 5,000 gallon septic tank; tablet
chlorinator or UV disinfection system; the 360 gallon baffled chlorine contact chamber; the nine -
foot diameter wet -well with duplex 70 GPM pumps and on -site visual/audible high-water; and the
three disc filters in series on February 25, 1998, with an application received on April 29, 1997.
The Division permitted modifications to the treatment and storage units (construction of a 9,000
gallon sand filter dosing pump station with two 3 hp pumps; and the 2,500 square foot recirculating
sand filtration system with low-pressure pipe distribution system) on January 23, 2004, with an
application received on July 31, 2002. The setbacks for treatment and storage units originally
permitted or modified with an application received from February 1, 1993, through August 31,
2006, are as follows (all distances in feet):
i. Each private or public water supply source:
100
ii. Surface waters:
50
iii. Each well with exception of monitoring wells:
100
iv. Each property line:
50 1
v. Nitrification field:
20
' 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.
[ 15A NCAC 02H .0219(j)(5)]
WQ0013808 Version 5.0 Shell Version 230516 Page 3 of 9
c. The Division permitted modifications to the treatment and storage units (construction of a 3,000
gallon baffled septic tank; the 750 gallon wet weather storage pond pump station with 35 GPM
submersible pumps, and audible/visual high-water alarms; and the modification of the 550,000
gallon lined wet -weather storage pond; and two wetland cells) on January 22, 2008, with an
application received on December 6, 2007. The setbacks for treatment and storage units originally
permitted or modified with an application received from September 1, 2006, through August 31,
2018, are as follows (all distances in feet):
I. Each habitable residence or place of assembly under separate ownership:
1001
ii. Each private or public water supply source:
100
iii. Surface waters:
50
iv. Each well with exception of monitoring wells:
100
v. Each property line:
50 2
Habitable residences or places of assembly under separate ownership constructed after the
Division originally permitted or subsequently modified the facilities 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.
[ 15A NCAC 02T .0506(b)]
III. OPERATION AND MAINTENANCE
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02T .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the operation of the system in sufficient detail to show what operations are
necessary for the system to function and who shall conduct the operations.
b. A description of the anticipated maintenance of the system.
c. Provisions for safety measures, including restriction of access to the site and equipment.
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation; and contact information for personnel, emergency responders, and
regulatory agencies.
[ 15A NCAC 02T .0507(a)1
Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
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 its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204
and 08G .0205. [15A NCAC 02T .0117]
4. The Permittee shall maintain a year-round vegetative cover on the irrigation area such that crop health
is optimal and allows even effluent distribution and inspection of the irrigation system. [15A NCAC
02T .0507(b)]
The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation area.
[ 15A NCAC 02T .0507(c)]
6. 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 .0505(x)]
WQ0013808 Version 5.0 Shell Version 230516 Page 4 of 9
7. The Permittee shall test and calibrate the irrigation equipment once per permit cycle. [15A NCAC 02T
.0507 d ]
8. The Permittee shall only irrigate treated effluent from the Summerfield Shopping Center WWTF onto
the sites listed in Attachment B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)1
10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities.
[ 15A NCAC 02T .0505(g)]
11. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A
NCAC 02T .0508, 02T .1101].
12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .0505(j)]
13. The Permittee shall maintain a freeboard of not less than two feet in the wetland treatment cells and the
550,000 gallon lined wet -weather storage pond. [15A NCAC 02T .0505(d)]
14. The Permittee shall provide gauges to monitor freeboard levels in the wetland treatment cells and the
550,000 gallon lined wet -weather storage pond. These gauges shall have readily visible permanent
markings, at inch or tenth of foot increments, indicating the following elevations: the maximum liquid
level at the top of the temporary liquid storage volume, the minimum liquid level at the bottom of the
temporary liquid storage volume, and the lowest point on top of the dam. [ 15A NCAC 02T .0507(f)1
15. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the
embankment to the maximum allowable temporary storage elevation on the inside of the embankment).
The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and
embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and
accessible. [ 15A NCAC 02T .0507(g)1
16. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02T .0507(d)]
17. The Permittee shall provide and maintain onsi
capable of powering all essential treatment units
power supply, the Permittee shall test it weekly.
IV. MONITORING AND REPORTING
e an automatically activated standby power source
If the Permittee employs a generator as an alternate
[15A NCAC 02T .0505(1)1
1. The Permittee shall conduct and report any Division -required monitoring, including the monitoring of
groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon
or storage ponds, and plant tissue, if necessary to evaluate this facility's impact on groundwater and
surface water. [ 15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required parameters specified in
Attachment A. [ 15A NCAC 02H .08051
3. The Permittee shall continuously monitor flow through the treatment facility and report daily flow
values on Form NDMR. Facilities with a permitted flow of less than 10,000 GPD may estimate its
flow from water usage records provided the water source has a metering device. [15A NCAC 02T
.0105 k , 02T .0108(c)1
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [ 15A NCAC 02T .0105(k), 02T .0108(c)1
WQ0013808 Version 5.0 Shell Version 230516 Page 5 of 9
5. The Permittee shall maintain records tracking the amount of effluent irrigated, which shall include the
following information for each irrigation site listed in Attachment B:
a. Date of irrigation.
b. Volume of effluent irrigated.
c. Site irrigated.
d. Length of site irrigation time.
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings.
£ Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B.
g. Weather conditions.
h. Maintenance of cover crops.
[ 15A NCAC 02T .0108(c
6. The Permittee shall measure and record weekly to the nearest inch or tenth of a foot of freeboard (Le.,
the waste level to the lowest embankment elevation) in the 550,000 gallon lined wet -weather storage
pond. The Permittee shall maintain the weekly freeboard records for eight years and shall make them
available to the Division upon request. [15A NCAC 02T .0108(c)]
7. On or before the last day of the month following the previous month's sampling, the Permittee shall
submit monitoring data (as specified in Conditions IV.3 and IVA) on Form NDMR for each PPI and
operation and disposal records (as specified in Conditions IV.S and IV.6) on Form NDAR-1 for every
site in Attachment B. If no activities occurred during the monitoring month, the Permittee shall still
submit monitoring reports documenting the absence of the activity. The Permittee shall submit the
reports via the Non -Discharge monitoring report portal. [15A NCAC 02T .0105(1)]
8. The Permittee shall maintain records of all residuals removed from this facility. The Permittee shall
maintain these records for eight years and shall make them available to the Division upon request.
These records shall include:
a. Name of the residuals hauler.
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals.
c. Residuals hauling date.
d. Volume of residuals removed.
[ 15A NCAC 02T .0508(b)]
9. The Permittee shall keep a log of all maintenance done at this facility. The Permittee shall maintain
this log for eight years and shall make it available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration.
b. Date of irrigation equipment calibration.
c. Visual observations of the plant and plant site.
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections, cleanings, etc.).
e. Date and results of the alternate power supply testing.
[ 15A NCAC 02T .0507(h)]
WQ0013808 Version 5.0 Shell Version 230516 Page 6 of 9
10. The Permittee shall conduct an annual representative soil analysis (i.e., Standard Soil Fertility Analysis)
on each irrigation site listed in Attachment B. The Permittee shall maintain these results at the facility
for eight years and shall make them available to the Division upon request. Each 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
[15A NCAC 02T .0108(c)]
11. Noncompliance Notification:
The Permittee shall report to the Winston-Salem Regional Office, telephone number (336) 776-9800,
within 24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes the facility
incapable of adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at the telephone number (800) 858-0368. All noncompliance notifications shall
file a written report to the Winston-Salem 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)1
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [15A NCAC 02T .0507(i)1
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 eight years from the date of the
inspection and shall make this log available to the Division upon request. [ 15A NCAC 02T .0507(h),
02T .0507(i)1
Division -authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the permitted wastewater treatment and irrigation facilities 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
influent, treatment process water, effluent, residual, soil, plant tissue, groundwater, or surface water
samples. [G.S. 143-215.3(a)(2)1
WQ0013808 Version 5.0 Shell Version 230516 Page 7 of 9
Vl. GENERAL
1. The Permittee's failure to comply with this permit's conditions and limitations 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 for the nature and volume of wastes described in the permit application
and Division -approved plans and specifications. [G.S. 143-215.1(d)1
3. There are no variances to administrative codes or general statutes governing the construction or
operation of the permitted facilities unless the Permittee specifically requested a variance in the
application and the Division approved the variance as noted in this permit's facility description. [15A
NCAC 02T .0105(b)]
4. 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 .0 1 08(b)(1)(A)]
5. The Permittee shall retain this permit and the Division -approved plans and specifications for the life of
the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d)]
6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the
permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T
.0105 ]
7. 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 15A NCAC 02T.
b. Obtaining a permit by misrepresentation or failure to disclose all relevant facts.
c. The Permittee's refusal to allow authorized Department employees upon presentation of
credentials:
I. To enter the Permittee's premises where a system is located or where the Permittee keeps any
Division -required records under the terms and conditions of this permit.
ii. To have access to any permit -required documents and records.
iii. To inspect any monitoring equipment or method as required in this permit.
iv. To sample any pollutants.
d. The Permittee's failure to pay the annual fee for administering and compliance monitoring.
e. A Division determination that the conditions of this permit conflict with the North Carolina
Administrative Code or General Statutes.
[ 15A NCAC 02T .01101
WQ0013808 Version 5.0 Shell Version 230516 Page 8 of 9
8. Unless the Division determines that the Permittee needs a permit modification for the construction of
facilities to resolve non-compliance with any environmental statute or rule, or the Division Director
grants a variance, expansion of the permitted facilities 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 the Permittee or any parent, subsidiary, or other affiliate of
the Permittee has abandoned or exhausted all appeals of this conviction.
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 in accordance with its permit
or 15A NCAC 02T.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has
abandoned or exhausted all appeals of this penalty.
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 pursuant to 15A NCAC 02T .0105(e)(2).
[ 15A NCAC 02T .0120(b), 02T .0120(d)]
9. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee
or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0I05(e)(2). [15A NCAC 02T
.0120 c , 02T .0120(d)]
10. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule
in G.S. 143-215.31)(a). The Permittee shall continue to pay annual fees for any facility operating on
an expired permit that the Division has not rescinded or revoked. [ 15A NCAC 02T .0105(e)(2)]
Permit issued this the 27t" day of June 2023
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DocuSigned by:
N t v"W�
D1043082080C483...
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0013808
WQ0013808 Version 5.0 Shell Version 230516 Page 9 of 9
THIS PAGE BLANK
ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS
Kotis Properties, Inc.
PPI 001— WWTF Effluent
Certification Date: June 27, 2023
Permit Number: WQ0013808 Version: 5.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCS
Code
Parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
00310
BOD, 5-Day (20 °C)
mg/L
3 x Year'
Grab
50060
Chlorine, Total Residual
mg/L
Weekly
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
3 x Year
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
7 3,182 2
Monthly
Estimate
00610
Nitrogen, Ammonia Total (as N)
mg/L
3 x Year'
Grab
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
3 x Year'
Grab
00620
Nitrogen, Nitrate Total (as N)
mg/L
3 x Year
Grab
00600
Nitrogen, Total (as N)
mg/L
3 x Year 1
Grab
00400
pH
su
Weekly
Grab
00665
Phosphorus, Total (as P)
mg/L
3 x Year
Grab
00530
Solids, Total Suspended
mg/L
3 x Year 1
Grab
1. The Permittee shall conduct 3 x Year sampling in March, July, and November.
2. The grocery store and multi -purpose retail accounts for 1,700 GPD and the drugstore accounts for the remaining 1,482 GPD.
WQ0013808 Version 5.0 Attachment A Page 1 of 1
THIS PAGE BLANK
ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS
Kotis Properties, Inc.
Certification Date: June 27, 2023
Permit Number: WQ0013808 Version: 5.0
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Owner
Parcel No.
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Hourly
Rate
Yearly
Max
Units
1
Kotis Properties, Inc.
146037
Guilford
36.191163'
-79.890291'
0.71
Madison
01284 — Non -Discharge Application Rate
0.3
34.75
niches
2
Kotis Properties, Inc.
146037
Guilford
36.191686'
-79.889208'
0.52
Madison
01284 — Non -Discharge Application Rate
0.3
34.75
niches
3
Kotis Properties, Inc.
146037
Guilford
36.191299°
-79.889179'
0.17
Madison
01284 — Non -Discharge Application Rate
0.3
34.75
inches
Total:
1.40
WQ0013808 Version 5.0 Attachment B Page 1 of 1
PROPERTY MANAGEMENT AGREEMENT
Date: June 5.2003
Owners: Kotis Summerfield, LLC
P.O. Box 9296
Greensboro, NC 27429-9296
Kotis Summerfield Outparcel, LLC
P.O. Box 9296
Greensboro, NC 27429-9296
Agent: Kotis Properties, Inc.
P.O Box 9296
Greensboro, NC 27429-9296
In consideration of the mutual covenants and promises each to the other. Owners
hereby employ Agent exclusively, and hereby accepts employment to perform certain duties
as set out here in regarding the Property more particularly described below upon the following
terms and conditions:
ARTICLE I. DESCRIPTION
A. The Property: Located in the City of Greensboro, County of Guilford, State
of North Carolina being known and more particularly described as: Summerfield Renaissance
Shopping Center ("Property"). (See legal description attached).
ARTICLE II. PROPERTY MANAGEMENT
A. Agent's Authority: The Owners hereby authorize and empower Agent to perform
such acts and to take such steps as are necessary, in Agent's opinion, to manage
the Property on a day-to-day basis to Owners' advantage including:
1. Collecting all rentals and other charges and amounts due or to become due
under all leases covering the Property and given receipts for the amounts so
collected.
2. Causing to be made any repair the estimated cost of which shall be less than
250.00 which, in Agent's opinion, is necessary to preserve, maintain and
protect the Property.
RECEIVED
NCDEQ/DWR
Prop Mpsi' Alit, . K PI.30 3I.11-1 m,s 5, AlkEr
15 JUN 2018
Non -Discharge
Permitting Unit
3. Soliciting not less that two (2) competitive estimates for the cost of a repair
which exceeds the amount set out in A2 above and to present the lowest
responsible bid to Ownersfor Owners' review and authorization to proceed
with the work.
4. Unless so otherwise instructed by Owners, soliciting, on an annual basis,
not less than (2) competitive bids to perform regular preventive
maintenance work on the Property's heating, venting, air conditioning
system(s); janitorial services (if applicable); grounds maintenance (if
applicable); certain window cleaning (if applicable); elevator maintenance
(if applicable); alarm systems (if applicable); and any other services to the
tenants as required by their tenancies.
5. Complying with any duties or obligations imposed upon the Owners by any
Local, State or Federal law or regulation.
B. Agent Covenants: During the duration of this Agreement, Agent agrees:
1. To manage the Property to the best of his ability, devoting thereto such time
and attention as may necessary.
2. To furnish the services of Kotis Properties, Inc, for managing the Property.
3. To collect all monthly rentals and other such charges due to Owners upon the
Property.
4. To cause to be made such repairs he deems appropriate in order to preserve and
maintain the Property.
5. To cause to be performed such preventive maintenance as he deems appropriate
in order to preserve and maintain the Property.
6. To cause to be performed such janitorial and groundskeeping activities as he
deems appropriate in order or preserve and maintain the Property.
7. To regularly make an on -site inspection to ensure that the Property remains in
satisfactory operation in an acceptable state of repair and that the interior and
exterior of the Property is clean end presentable to the recants and their
clientele.
8. To answer tenant requests and complaints and to perform the duties imposed
upon Owners by law or pursuant to the tenant leases covering the Property.
2
9. To keep and maintain at all times all necessary books and records relation to the
leasing, management and operation of the project and to prepare and render to
Owners monthly itemized accounts of receipts and disbursements incurred in
connection with its leasing, operating and management on or before the 1 oth
day pf the following month. If specifically requested by Owners, to cause to be
made at the close of the fiscal year upon which the described property shall be
operated, an annual audit report at Owners' expense, all in reasonable detail.
All books, correspondence and date pertaining to the leasing, management and
operation of the Property shall, at all times, be safely kept and preserved. Such
books, correspondence and data shall be available to Owners at all reasonable
times, and shall, upon the termination of this Agreement be delivered to
Owners in their entirety without cost or change therefor.
10. To compute, collect disburse, and reconcile a Common Area Maintenance
(CAM) Account.
11. To disburse such amounts as appropriate to maintain current accounts payable
including, but not limited to, contracted services, utilities, insurance and ad
valorem taxes.
12. To deliver to Owners, on a monthly basis, all net rental proceeds remaining
after disbursing such amounts as authorized under this Agreement/
C. Owners Covenants: During the duration this Agreement the Owners agree:
To provide Agent with architectural drawings and specifications of the
Property, if available,
2. To advance to Agent such addition sums as may be necessary to cover the
costs of repairing the Property and maintaining in a safe, fit and habitable
condition as required by Federal, state and local codes.
3. To advance to Agent such additional sums as maybe necessary to over the costs
ofrepaingthe Property but limited to general operating expenses, maintenance
and supply expenses, court costs and attorney fees.
4. To carry comprehensive general public liability and property damage
insurance against any and all claims or demands whatsoever out of,or in any
way connected with, the operation, leasing and maintenance of the Property,
which policies shall be written so as to protect Agent, as an additional insured.
C
Prcp Mlxnu fir. KP[ -BG 3211.15, MIF Ir
D. Tenant Security Deposits: The Agent, shall require tenants of the Property to make
a security deposit in an amount as permitted by law to secure the tenant's
obligations under leases of the Property (such security deposits shall hereinafter be
referred to as "Tenant Security Deposits").
E. Agent's Fee:
Property Management: Owners shall pay to Agent each month during the
existence of this Agreement the following!
3% of gross base rentals
2. Additional duties: The Owners shall pay to Agent during the existence of
this Agreement the following fees for the duties set out below and for any
other duties not so specified in this agreement.
ARTICLE III. LEASING
A. Agent's Authority: Owners here by authorities and empowers Agent to perform
such acts to take such steps as are necessary, in Agent's opinion, to lease the
Property to Owner's advantage including:
1. Advertising the property using brochure, multiple listing or other means as
deemed appropriate by Agent.
2. Displaying real estate advertising signs on the Property if deemed
appropriate by Agent.
3. To become totally familiar with the Property's characteristic which would
include accurate measurements of usable and leasable areas, HVAC
capacity, pluming and electrical systems, zoning, construction methods and
interior finishes.
B. Agent Covenants: During the duration of this Agreement, Agent agrees:
1. To market the Property to the best of his ability devoting thereto such
time and attention as may be necessary.
2. To furnish the services of Kotis Properties, Inc. for marketing the Property.
3. To monitor the local real estate leasing market and to advise Owners of
conditions and trends which might affect or otherwis3e necessitate adjustment to the Property.
finding to Owners.
To conduct background investigation of all prospective tenants and report such
2
5. To offer the Property to the public for leasing in compliance with all state,
federal, and local laws, including but not limited to, federal and state law and regulations prohibiting
discrimination on the basis of race, color, religion, sex, familial status, handicap or national origin.
6. To negotiate leases based on parameters established by Owners in order to
arrive at terms and conditions favorable and acceptable to owner.
7. To administer the preparation of the formal lease documents to insure accuracy
and completeness and to present same to Owners and tenant for execution.
C. Owners' Convents: During the duration of this Agreement Owners agree:
1. To provide Agent with available measured drawings and/or architectural
drawings of the Property.
2. To provide Agent with any special terms and/or conditions that would apply to
any executed leases.
To refer to Agent any and all inquiries received with respect to or concerning
the Property.
D. Agent's Fee: Owners shall pay to Agent 4% of the total rent involving during the entire initial
term of the lease over the term of one year, for leases negotiated after the date of this Agreement. A 2%
override, thereby increasing the total commission to 6%, will be paid if a brokerage firm other that
Agent is involved in the lease transaction.
ARTICLE IV. Agency
A. Duration of Agency: This Agreement and the agency and employment created shall commence
and become effective on June 1, 2003 and shall continue 1 year there after or until terminated as
provided herein.
B. Termination of Agency Either Owner or Agent may terminate the agency and
employment created hereby by giving written notice to his intention to do so 3 days
prior to the desired termination date. Upon any termination of the Agreement by either
Owners or Agent, each shall take such steps as are necessary to settle all accounts
between them including the following: (1) Agent shall properly render to Ownesr all
rents then on hand after having deducted therefrom any Agent's fees then due; (2)
Agent shall render to Owner records showing all tenants who paid security deposits
under leases affecting the property; (3) Agent Shall deliver to Owners all tenant leases
and other related documents; (4) Owners shall, within 10 days after the termination, pay
to Agent any fees or amounts due Agent; and (5) Owners shall promptly notify all
current tenants of the termination of the agency status.
5
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written:
OWNERS: Kotis Summerfield, LLC
BY: Kotis Properties, Inc., Manager
0
William M. Kotis, III, President
Kotis Summerfield Outparcel, LLC
BY: Kotis Properties, Inc., Manager
By. L�' L-
William M. Kotis, III, President
Kotis Properties, Inc
BY: L- �
William M. Kotis, II1, President
G
Exhibit A
Legal Description
Lots I and 2 on the plat recorded in Plat Book 145, Page 333.
SITE MAP FOR WQ0013808
N,
16
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