WQ0003973_Final Permit_20231213

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 13, 2023
BARRY W. CLARK AND KATHERME E. CLARK
3122 CHEEK ROAD
DURHAM, NORTH CAROUNA 27704
Subject: Permit No. WQ0003973
3122 Cheek Rd. SFR
Single -Family Residence
Wastewater Irrigation System
Durham County
Dear Mr. and Mrs. Clark,
In response to your permit renewal request received on September 28, 2023, we are forwarding
herewith Permit No. WQ0003973 dated December 13, 2023, to Barry W. Clark and Katherine E. Clark for
the continued operation of the subject single-family residence wastewater treatment and irrigation facilities.
This permit is effective from February 1, 2024, through January 31, 2032, shall replace Permit No.
WQ0003973 issued on August 27, 2018, and is subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than August 4, 2031.
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 may result in future non-compliance.
The Division has removed the following permit condition since the last permit issuance dated
August 27, 2018:
➢ Old Condition VI.2 — The Division has removed this condition because permits are not
voidable.
The following permit conditions are new since the last permit issuance dated August 27, 2018:
➢ Condition IIL12 — This condition requires the Permittee test and calibrate metering equipment
annually.
➢ Condition VL 10 —This condition requires the Permittee pay an annual fee for each year of the
term of this permit.
ME Q
�� 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
©eca.. or 919,707,9000

Mr. Barry W. Clark and Mrs. Katherine E. Clark
December 13, 2023
Page 2 of 2
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 [phone]. 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 Leah Parente at (919)
707-3656 or leah.parentekdeq.nc.gov.
Sincerely,
�
Do�cuyySignedby-
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Durham County Health Department (Electronic Copy)
Raleigh 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
SINGLE-FAMILY RESIDENCE 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
Barry W. Clark and Katherine E. Clark
Durham County
FOR THE
continued operation of a 450 gallon per day (GPD) single-family residence wastewater treatment and
irrigation facility consisting of:
a 1,000 gallon septic tank; dual 250 square foot (ft2) subsurface sand filters; a distribution box; a 75 gallon
chlorine contact tank with tablet chlorinator; two 1,250 gallon irrigation pump tanks (side -by -side) with a
16 gallon per minute (GPM) submersible irrigation pump; a 0.46 acre spray irrigation area with eight
sprinkler heads; and all associated piping, valves, controls, and appurtenances
to serve the single-family residence at 3122 Cheek Rd., Durham, NC 27704, with no discharge of wastes
to surface waters, pursuant to the application received on September 28, 2023, and in conformity with the
Division -approved plans and specifications considered a part of this permit.
This permit is effective from February 1, 2024, through January 31, 2032, shall replace Permit No.
WQ0003973 issued on August 27, 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. 143-215.1(d3)1
2. If a public or community sewage system is or becomes available, the Permittee shall connect to this
system and shall request the rescission of Permit No. WQ0003973. [ 15A NCAC 02T .0607]
3. The Permittee shall request renewal of this permit on Division -approved forms no later than August 4,
2031. [15A NCAC 02T .0105(b), 02T .0109]
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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. 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
0.2
36.4
inches
[ 15A NCAC 02T .0605(i)]
4. The Permittee shall only apply treated wastewater effluent to the following:
TABLE 2 — IRRIGATION AREA INFORMATION
Net
Dominant
Field
Owner
Parcel No.
County
Latitude
Longitude
Acres e
Soil Series
Barry W. Clark and
WsB — White
Katherine E. Clark
0842928064
Store sandy
1 i
Durham
36.008436'
-78.831328'
0.46
Charles E. Clark and
loam, 2 to 6%
Rhonda H. Clark
0852023062
slopes
1 The irrigation area is located on two parcels (Parcel Nos. 0842928064 and 0852023062). Per an
easement agreement between Barry W. Clark and Dwayne B. Clark and Valare A. Clark recorded
in the Durham County Register of Deeds (Book 8469, Page 668), the Permittee and their successors
can irrigate treated wastewater effluent on Parcel No. 0852023062.
[15A NCAC 02T .0 1 08(b)(1)(A)]
The attached Operation and Maintenance Agreement is a condition of this permit. Noncompliance with
the terms of the Operation and Maintenance Agreement shall subject the Permittee to all measures
pursuant to G.S. 143-215.6A, G.S. 143-215.6B, and G.S. 143-215.6C for violation of or failure to act
pursuant to the terms and conditions of this permit. [ 15A NCAC 02T .0604(h)1
6. The Division has established the compliance boundary at the property boundary. Any exceedance of
groundwater standards at or beyond the compliance boundary shall require the Permittee to take
corrective action. 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, 02L .0107(fl, 02L .0107(n)]
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)]
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9. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks:
a. The Division permitted modifications to the irrigation sites on February 26, 1996, with an
application received on July 28, 1995. The setbacks for spray irrigation sites originally permitted
or modified with an application received from February 1, 1993, through May 31, 1996, are as
follows (all distances in feet):
I. Each habitable residence or place of assembly under separate ownership:
400 1
ii. Each private or public water supply source:
100
iii. Surface waters:
100
iv. Groundwater lowering ditches:
100
v. Surface water diversions (upslope):
100
vi. Surface water diversions (downslope):
100
vii. Each well with exception of monitoring wells:
100
viii. Each property line:
150 2, 3
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
15
x. Each water line:
10
xi. Each swimming pool:
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
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.
3 Pursuant to a setback waiver recorded in the Durham County Register of Deeds, reduced
setbacks from the irrigation area boundary to any property line are as follows:
Parcel No.
Deed Book / Page
Setback
Easement
0852023062
8469 / 668
0 feet
150 feet
[15A NCAC 02H .0219(j)(5)1
b. The Division permitted modifications to the treatment and storage units on February 26, 1996, with
an application received on July 28, 1995. The setbacks for treatment and storage units originally
permitted or modified with an application received from February 1, 1993, through May 31, 1996,
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:
501
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)1
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III. OPERATION AND MAINTENANCE
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02T .0101]
2. 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.
At the time of this permit issuance, the WPCSOCC does not require an ORC and Back-up ORC for
Single -Family Residence Wastewater Irrigation Systems. [ 15A NCAC 02T .01171
3. The Permittee shall maintain a year-round vegetative cover on the irrigation area such that crop health
is optimal and allows for even effluent distribution and 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 area.
[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)1
6. The Permittee shall only irrigate treated effluent from the single-family residence at 3122 Cheek Rd.,
Durham, NC 27704. [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 of or utilize generated residuals in a Division -approved manner. [15A
NCAC 02T. 11011.
10. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .0605(f)1
11. Pump and dosing tanks shall have audible and visual alarms external to any structure. [15A NCAC
02T .0605(n)1
12. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02T .0608(c)1
13. The Permittee is responsible for the operation and maintenance of the wastewater treatment and
irrigation system including the following:
a. Inspecting the septic tank annually and pumping out solids as needed. Inspecting and cleaning the
septic tank effluent filter annually.
b. Inspecting the tablet chlorinator weekly. Adding wastewater -grade chlorine tablets as needed.
Swimming pool -grade chlorine tablets are not acceptable.
c. Inspecting all storage tanks, pumps, and alarms monthly. Removing the floating scum layer in all
pump/storage tanks when pumping the septic tank solids out.
d. Inspecting the spray irrigation system monthly to verify the proper operation of the spray heads;
that there are no leaks; that vegetative growth does not obstruct the spray heads; that the irrigated
wastewater is not ponding in or running off the designated irrigation area; and that there are no
objectionable odors.
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[I 5A NCAC 02T .0608]
IV. MONITORING AND REPORTING
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)1
2. Noncompliance Notification:
The Permittee shall report to the Raleigh Regional Office, telephone number [phone], within
24 hours of first knowledge of the following:
a. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes 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 the Division's Emergency
Response personnel at the telephone number [phone]. All noncompliance notifications shall
file a written report to the Raleigh 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 .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 provide the inspection log to the Division upon request. [ 15A NCAC
02T .0608(e), 02T .0608(f)]
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)]
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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)]
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 .0110]
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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 .0105(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 13t" day of December 2023
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DocuSigned by: 7}
D1043082680C483...
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0003973
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Permit No.: WQ0003973 County: Durham
Permittee: Barry W. Clark and Katherine E. Clark (i.e., all deeded property owners)
The Permittee agrees to operate and maintain the single-family residence wastewater treatment and irrigation system as
follows:
1. Inspect the septic tank annually, and pump out solids as needed.
2. Inspect and clean the septic tank effluent filter annually. (if applicable)
3. Inspect the tablet chlorinator weekly. Add wastewater grade chlorine tablets (e.g., calcium hypochlorite) as needed.
Swimming pool grade chlorine tablets are not acceptable. (if applicable)
4. Inspect the ultraviolet disinfection unit weekly. Clean or replace the lamps and quartz sleeves as needed. (if
applicable)
5. 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.
6. Inspect the spray irrigation system monthly to verify: proper operation of the spray heads; that there are no leaks;
that vegetative growth does not obstruct the spray heads; that the irrigated wastewater is not ponding in or running
off the designated irrigation area; and that there are no objectionable odors. (if applicable)
7. 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. (if applicable)
8. Maintain a set of Division -approved engineering plans and specifications.
9. Pay the required annual fee.
10. Request renewal of this permit on Division -approved forms no later than 180 days prior to expiration.
11. Sign and provide a Chan<(e of Ownership application to any future owner of the single-family residence wastewater
treatment and irrigation system for their completion and submission to the Division of Water Resources.
I/We understand the above requirements and agree to these terms as part of the issued permit. Signature: Date: 9'1.Z9/ Z3
Signature: 1A&4L Date: -t -2$ -2o23
Signature: Date:
Signature: D ate :
All deeded property owners shall sign this Operation and Maintenance Agreement
FORM: SFRWWIS-R 02-21 Page 2 of 4

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