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HomeMy WebLinkAboutWQ0002004_Issuance of Permit_20180829NORTH CAROLINA !- COOPER COVAIYW MICHAEL S. REGAN stcrelaty LINDA CULP'EPPER. drrrw*n Arr~ August 29, 2018 KENNETH EDWARDS — PRESIDENT BASS FARMS, INC POST OFFICE BOX 126 SPRING HOPE, NORTH CAROLINA 27882 Dear Mr. Edwards: Subject: Permit No. WQ0002004 Bass Farm Sausage WWTF Wastewater Irrigation System Nash County In accordance with your permit renewal and minor modification request received May 9, 2018, and subsequent additional information received June 21, 2018 and August 13, 2018, we are forwarding herewith Permit No. WQ0002004 dated August 29, 2018, to Bass Farms, Inc for the continued operation of the subject wastewater treatment and irrigation facilities. Please note that this renewed permit shall become effective on November 1, 2018 (i.e., the day after the expiration date of the existing permit). The modifications to the subject permit are as follows: irrigation field 3 (the field furthest west on the Bass Farm property) has been removed from the permit. Sprinkler heads and headers are to be decommissioned in accordance with new permit condition I.1. This permit shall be effective from November 1, 2018 until October 31, 2023, shall void Permit No. WQ0002004 issued July 5, 2013, and shall be subject to the conditions and limitations as specified therein. Please pay particular 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 shall result in future compliance problems. Please note the following permit condition has been removed since the last permit issuance dated July 5,2013: ➢ Old Condition II.12. —The water table height is not monitored at this facility. , � DE North Carolina Department of Environmental Quality I Division of Water Resources I Non -Discharge Branch 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.3654 Mr. Kenneth Edwards August 29, 2018 Page 2 of 2 Please note the following permit conditions are new since the last permit issuance dated July 5,2013: ➢ Condition I.1. — This condition requires that Field 3 be decommissioned within 30 days of the effective date of this permit. ➢ Attachment A — The PCS code for Total Nitrogen has been updated. ➢ Attachment A — Nitrate has been added to the WWTF effluent monitoring parameters. pH sampling frequency has changed from 3 x Year to Per Event (not to exceed weekly). ➢ Attachment A — 3 x Year sampling has been changed to March, July, and November (rather than October). 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. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Emily Gercke at (919) 707-3656 or emily. eg rckegncdenr.gov. Sincerely, ,coda Culpepper, Interim Director " Division of Water Resources cc: Nash County Health Department (Electronic Copy) Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH 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 Bass Farms, Inc Nash County 101 tv 0: 191 continued operation of an 8,500 gallon per day (GPD) wastewater treatment and irrigation facility consisting o£ a grease trap; a 10,000 gallon aeration basin; a settling tank; an effluent pump station with an audible/visual alarm; two 137,000 gallon storage ponds with aerators; two spray irrigation pumps; a second pump station with an audible/visual alarm that receives wash -down water from the hog holding pen; 5.47 acres of primary spray irrigation area (0.48 acres in Field #1, 0.51 acres in Field #2, 2.24 acres in Field #4, 2.24 acres in Field #5) with 80 acres of irrigation area for use during emergency situations only; and all associated piping, controls, valves, and appurtenances to serve the Bass Farms Sausage WWTF, with no discharge of wastes to surface waters, pursuant to the application received May 9, 2018, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from November 1, 2018 until October 31, 2023, shall void Permit No. WQ0002004 issued July 5, 2013 and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. Within 30 days of the effective date of this permit, Field 3 shall be decommissioned in order to meet the required 150 -foot setback to the adjacent property to the west. Either the spray heads or the header line to Field 3 shall be capped. The Raleigh Regional Office, telephone number (919) 791-4200, shall be notified after the decommissioning has been completed. [ 15A NCAC 02T .0108(b)(2)] No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T.0106, 02T.0109, 02T.01 15(c)] WQ0002004 Version 4.0 Shell Version 180711 Page 1 of 8 II. PERFORMANCE STANDARDS 1. The subject non -discharge facilities shall be effectively maintained and operated at all times 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 adequately 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 irrigation facilities. [G.S. 143- 215.1, 143-213.3(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 02B .0200, 02L .0100] 3. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)] 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] This disposal system was individually permitted prior to December 30, 1983; therefore, the compliance boundary is established at either 500 feet from the effluent disposal area, or at the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0107] 6. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0 106, 02L .0108] 7. 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. [15A NCAC 02L .0107(c)] 8. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [ 15A NCAC 02L .0107] 9. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Nash County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [ 15A NCAC 02L .0107(f)] WQ0002004 Version 4.0 Shell Version 180711 Page 2 of 8 10. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400 ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 1501 v. Public right of way: 50 1 Per setback waivers recorded in the Nash County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 009691 2939/151 20 feet 130 feet 009598 2939/153 10 feet 140 feet [I 5A NCAC 02H.02190)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: ii. Any property line: [15A NCAC 02H.02190)] 100 50 11. The 80 acre emergency irrigation area shall only be used when the annual loading rate for Fields 1, 2, 4, and 5 has been met, or if the system serving Fields 1, 2, 4, and 5 is not functioning properly. [15A NCAC 02T .0108(b)(1)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [ 15A NCAC 02T .0117] 3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [I 5A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] WQ0002004 Version 4.0 Shell Version 180711 Page 3 of 8 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] 7. Only effluent from the Bass Farms Sausage WWTF shall be irrigated on the sites listed in Attachment B. [G.S. 143-215.1] 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [ 15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T.0508 [15A NCAC 02T.0508, 02T. 1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15ANCAC 02T .05050)] 12. Freeboard in the two 137,000 gallon storage ponds shall not be less than two feet at any time. [15A NCAC 02T .0505(d)] 13. Gauges to monitor waste levels in the two 137,000 gallon storage ponds shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)] 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] WQ0002004 Version 4.0 Shell Version 180711 Page 4 of 8 IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [ 15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [ 15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily average flow values shall be reported on Form NDMR. Flow may be estimated from water use records, provided the Permittee's water use is metered. Daily average flow values shall be calculated by dividing the monthly metered water usage by the number of days in the month. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records 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 time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Loading rates to each infiltration site listed in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T.0 I 08(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the two 137,000 gallon storage ponds shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions N.5. and IV.6) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] WQ0002004 Version 4.0 Shell Version 180711 Page 5 of 8 A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record 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. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T.0 I 08(b)(1)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0108(b)(1)] 10. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the 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.0 I 08(c)] 11. Noncompliance Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791- 4200, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any 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, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving 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. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] WQ0002004 Version 4.0 Shell Version 180711 Page 6 of 8 V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [ 15A NCAC 02T .0108(b)] The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions takeri. 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 .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions ofthis permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [ 15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.11 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T.01041 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .01050] WQ0002004 Version 4.0 Shell Version 180711 Page 7 of 8 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T.01 10. [ 15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [1.5A NCAC 02T .0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 29' day of August 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION dam, eLm— da Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0002004 WQ0002004 Version 4.0 Shell Version 180711 Page 8 of 8 i z � p a •.� C7 C7 � C7 U� R F C7 C7 C7 C7 C7 C7 C7 C7 � W U D a k k G7 w M M M M M M M M a M M M M 'R O A e A I� V O U W w W � R L' L U SOI I. '� -u o� o% � 5 e e e oU kn o Y ►' a z U LCd d z R N ¢i U O H 7J R+ R H O d cn E o O ¢ H kA C aoi ani ani aoi a O o o 'z 0 0 0 w cG U U w z z z o a P64 W ^a N CA o N 0 O 0 O kn �10 M N M 0 0 0 0 0 0 0 0 0 0 U o o M a —4 CV cn i a 0 4 0 0 0 N O O 0 0 0 s, i a d vel N N N z knW) v, kn Q C a M Mm Q M M F x 0 0 0 0 0 a Q U U U U U ° z z z z z w 00 00 00 00 0 N_ N_ _N N 00 � O O O O O O T3 > > rn cd bD Av�z -,zszwo A w w W c Cd 0 d � y N N 0 M O\ C O z Z v C C (V N 000 00 bCN wl� .+ o 0 0 0 0 C, a O O o o rn 00 3 Ix on o 00 00 0 0 00 0 t- 0 rn 0 O 00 00 00 000 000 a 3 Q Q 000 kn n O N ami b prl O O N W) O� O U Q O C'Q vii vii vii W) 000 . s, a � ce a, o, rn rn rn �j z z z z z z y Cd as U '> U CJ p boO a Q Q U O d N 't kn� a W f7iCL E o w¢ � 3 IL .S CD 4-- g. .2 07 aye 11/00 NORTH CAROLINA NASH COUNTY Doc ID: 007373000002 Types CRP Recorded: 06/12/2018 at 02:27:21 PM Fee Amt: $51.00 Paae I of 2 Nash Countv North Carolina Anne J. Melvin Recister of Deeds BK2939 PG 55-156 This Lease Agreement, made as of the 1, day of 2018 by and between Hannah Jones, ASCS Farm No. -39"2 Tract 2830, Lessor and Bass Farms Inc.. Lessee: This Lease term runs through December 31 ". 2023. Bass Farms Inc. will provide and install at its cost and expense, all irrigation systems from Bass Farms Inc. Hannah Jones agrees to have said farm included in the water management plan for Bass Farms Inc. as permitted by the NC Department of Environmental Quality under Permit No: WQ0002004. The permitting agency is as follows: RECEIVED/NCDEQ/DWR NC Department of Environmental Quality (NCDEQ) Division of Water Resources JUN 21 2018 3800 Barrett Drive Non -Discharge Raleigh, North Carolina 27609 Permitting Unit Bass Farms Inc. will maintain all required permits. In accordance with the NCDEQ perinit, the construction and operation of water supply wells within the compliance boundary of the waste management area is prohibited. This agreement reserves the right for Bass Farnis Inc. and the representatives from NCDEQ to enter the Farm within the compliance boundary for groundwater monitoring and remediation purposes as required. The easement may be terminated by NCDEQ when its purpose has been fulfilled or the need for the easement no longer exists. Under those conditions NCDEQ shall, upon request by the landowner, file a document terminating the easement with the appropriate Register of Deeds, Bass Farms Inc, hereby agrees to indemnify, defend and hold harmless Hannah Jones and heirs from and against all demands and claims because of damages or judgments for injury to persons and property in and upon and about the Farm arising out of the use granted and resulting from natural or negligent acts of Bass Farms Inc., its agents, employees or contractors including without limitations any damages, costs, fines, administrative fees or attorney fees resulting from Bass Farms Inc. failure to co reply with Federal, State and local laws, regulations. waste water discharges, including and without limitations the waste management plan. BY. -.4-4 �3� - Lessor Hannah Jones /'/ L BY: Lessee Kenneth W. Edwards Bass Farms Inc. .z NORTH CAROLINA, NASH COUNTY I, a _ ' [ . a Notary Public for4— AlAfl County, do hereby certify that Hannah Jones and Kenneth W. Ed—w--41;ds appeared before me this day and acknowledged the due execution of the foregoing (or annexed) instrument. Witness my hand and official sea] this I Z day of OA44yt 2018 Janet F. Watson Notary Public Nash County, N.C. My commission expires: "Lc-, C' C' W NORTH CAROLINA NASH COUNTY 1111I�IIIIIlIIIIII�IIIIIIIIIINIIIIIIIiilllllllllllllllllillllllllllllllllhllll Doc ID: 007373010602 Tvoe: CRP Recorded: 06/12/2018 at 02:28:24 PM Pee Amt: $61.00Page I of 2 Revenue Tax: $0,00 Nash Countv North Carolina Anne J. Melvin Reoister of Deeds BK2939PG157-158 /,I r1V This Agreement / Easement, made as of the /011 day of _,-41411IA5� 2018 by and between John R. Bass, Tract No. 3083 PARID: 56- 17 PIN 286100655147 Nash County, and Bass Farms Inc. This agreement is valid through December 31 ", 2023. Bass Farms Inc. will have full access and use of property, John R. Bass agrees to have said farm included in the water management plan for Bass Farms Inc. as permitted by the NC Department of Environmental Quality under Permit No: WQ0002004. The permitting agency is as follows: RECEIVED/NCDEQ/DWR NC Department of Environmental Quality (NCDEQ) Division of Water Resources JUN 21 2018 3800 Barrett Drive Raleigh, North Carolina 27609 Non -Discharge Permitting Unit Bass Farms Inc. will maintain all required permits. In accordance with the NCDEQ permit, the construction and operation of water supply wells within the compliance boundary of the waste management area is prohibited. "Phis agreement reserves the right for Bass.Farnis Inc. and the representatives from NCDEQ to enter the Farm within the compliance boundary for groundwater monitoring and remediation purposes as required. The easement may be terininated by NCDEQ when its purpose has been fulfilled or the need for the easement no longer exists. Under those conditions NCDEQ shall, upon request by the landowner, file a document terminating the easement with the appropriate Register of Deeds. Bass Farms Inc. hereby agrees to indemnify, defend and hold harmless John R. Bass and heirs from and against all demands and claims because of damages or judgments for injury to persons and property in and upon and about the Farm arising out of the use granted and resulting from natural or negligent acts of Bass Farms Inc., its agents, employees or contractors including without limitations any damages, costs, fines, administrative fees or attorney fees resulting from Bass Farms Inc. failure to comply with Federal, State and local laws, regulations, waste water discharges, including and without limitations the waste mana&cj)ient plan. BY: Jo �.ass�B BY: Bass Farms Inc. Executor Kenneth W. Edwards President DATE: DATE: 2 NORTH CAROLINA, NASH COUNTY 11�) 0 1, DYLAN BUNCH, a Notary Public for /axe/'17 County, do hereby certify that John R. Bass / Brent W. Edwards, Executor and Kenneth W. Edwards appeared before me this day and acknowledged the due execution of the foregoing (or annexed) instrument. Witness m hand and official seal this /2" %- I I y day of j 1) it 2018 My commission expires: f)YLA*.r 0, BUNCH NOTARY PUBLIC FRANKLIN c-OUNTY NC, "Zg zC' .�2/e Y 2