HomeMy WebLinkAboutWQ0039263_Final Permit_20171220Water Resources
ENVIRONMENTAL QUALITY
December 20, 2017
COLIN MACNAIR — PRESIDENT
BGM INVESTMENT COMPANY
51 KILMAYNE DRIVE, SUITE 100
CARY, NORTH CAROLINA 27511
Dear Mr..MacNair:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Permit No. WQ0039263
528 Midland Preserve Way SFR
Single -Family Residence
Wastewater Irrigation System
Chatham County
In accordance with your permit application request received June 2, 2017, and subsequent
additional information received September 28, 2017, we are forwarding herewith Permit No. W00039263
dated December 20, 2017, to BGM Investment Company for the construction and operation of the subject
single-family residence wastewater treatment and irrigation facilities.
This permit shall be effective from the date of issuance until November 30, 2022, and shall be
subject to the conditions and limitations as specified therein. An extension shall be requested at least six
months prior to the expiration of this permit. Upon receipt of the request, the Commission will review
the adequacy of the facility described therein and, if warranted, will extend the permit for such period of
time and under such conditions and limitations as it may deem appropriate.
Please pay particular attention to the operation and maintenance requirements listed in Section III.
Failure to establish an adequate system for collecting and maintaining the required operational information
shall result in future compliance problems. Also note that Condition VI.6. requires the Permittee to retain
a set of Division approved plans and specifications for the life of the facilities permitted herein.
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.
-':'�Nothing Comparesn-
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332
Mr. Colin McNair
December 20, 2017
Page 2 of 2
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this permit, please contact Ashley Kabat at (919) 807-6348 or
ashle .kabat ,ncdenr.gov.
Sincerely,
�mda Culpepper, Interim Director
Division of Water Resources
cc: Chatham County Health Department (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Kevin D. Davidson, PE — Agri -Waste Technology, Inc. (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
I.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
BGM Investment Company
Chatham County
FOR THE
construction and operation of a 600 gallon per day (GPD) single-family residence wastewater treatment
and irrigation facility consisting of:
a 1,500 gallon precast baffled septic tank with an effluent filter; an AX25Advantex treatment unit; an 800
gallon recirculation tank with a 25 gallon per minute (GPM) recirculation pump; a 6 GPM ultraviolet (UV)
disinfection unit; a 4,000 gallon precast storage/pump tank with a 17.9 GPM field -dosing pump,
audio/visual high-water alarms, and a rain sensor; a 0.49 acre drip irrigation area divided into three zones
with a total of 7,605 linear feet (LF) of dripline; and all associated piping, valves, controls, and
appurtenances
to serve the single-family residence at 528 Midland Preserve Way, New Hill, NC 27562, with no discharge
of wastes to surface waters, pursuant to the application received June 2, 2017, 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 the date of issuance until November 30, 2022, and shall be subject to
the following specified conditions and limitations:
1. Upon completion of construction and prior to operation of this permitted facility, a certification
(attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the
permitted facility has been installed in accordance with this permit, Division approved plans and
specifications, and other supporting documentation, including the location of all monitoring wells as
applicable. If this project is to be completed in phases and partially certified, the Permittee shall retain
the responsibility to track further construction approved under the same permit, and shall provide a
final certificate of completion once the entire project has been completed. Mail the Certification to the
Division of Water Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh,
NC 27699-1617. [15A NCAC 02T .0116]
W00039263 Version 1.0 Shell Version 171103 Page 1 of 8
2. Upon completion of construction and prior to irrigation, a soil scientist evaluation shall be completed
for all areas where fill material is placed within the permitted irrigation areas. The report shall certify
that areas utilizing fill material are capable of accepting the designed loading rate. This report shall
specifically address, but not be limited to, soil features such as soil compaction and saturated hydraulic
conductivity of the least permeable layer, as well as any other properties that might impact the soil's
ability to accept irrigation water. The requested information must be received and acknowledged in
writing by the Raleigh Regional Office's Water Quality Regional Operations Section at 1628 Mail
Service Center, Raleigh, NC 27699-1628, prior to any irrigation of wastewater. [15A NCAC 02T.0 108
(b)(2)]
3. The Raleigh Regional Office, telephone number (919) 791-4200, shall be notified at least 48 hours in
advance (excluding weekends and holidays) of operation of the installed facilities such that an in-place
inspection can be made. Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00
p.m. on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108 (b)(2)]
4. 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, 02T .0109, 02T .0115(c)]
5. If a public or community sewage system is or becomes available, the subject single-family residence
wastewater treatment and irrigation facilities shall be closed and all wastewater shall be discharged into
the public or community sewage system within 180 days of its availability. Prior to the initiation of
these connection activities, appropriate Division approval shall be received. [15A NCAC 02T .0607]
H. PERFORMANCE STANDARDS
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 disposal facilities. [15A
NCAC 02T .0108(b)(1)]
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. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in the
following table:
TABLE 1— APPLICATION LIMITATIONS
Field
Parameter
Hourly Rate
Yearly Max
Units
1
01284—Non-Discharge Application Rate
0.16
16.46
inches
[15ANCAC 02T.06050)]
4. The subject facility has been approved to land apply wastewater effluent on the following fields:
TABLE 2 — HHUGATION AREA INFORMATION
Field
Owner
County
Latitude
Longitude
Net Acreage
Dominant
Soil Series
1
BGM Investment
Chatham
35.677206°
-78.976665°
0.49
Creedmoor — Green Level
Company
Complex
W00039263 Version 1.0 Shell Version 171103 Page 2 of 8
[G.S.143-215.1]
5. The Operation and Maintenance Agreement (attached) between the Permittee and the Division of Water
Resources is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operation and Maintenance Agreement shall subject the Permittee to all sanctions
provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C for violation of or failure
to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115 (2)]
6. The irrigation system shall be connected to a rain or moisture sensor, which shall indicate when effluent
application is not appropriate in accordance with Conditions IIIA. and III.S. of this permit. [ 15A NCAC
02T .0605(0)]
7. The compliance boundary is established at the property boundary. Any exceedance of standards at the
compliance boundary shall require action in accordance with 15A NCAC 02L .0106. [ 15A NCAC 02L
.0107(i)]
8. 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 .0108]
9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)]
10. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for irrigation sites permitted under 15A NCAC 02T .0600 shall be as follows (all
distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Any habitable residence or place of public assembly owned by the Permittee: 15
iii. Any private or public water supply source: 100
iv. Surface waters: 100
v. Groundwater lowering ditches: 100
vi. Surface water diversions: 25
vii. Any well with exception of monitoring wells:
100
viii. Any property line:
501
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
15
x. Any water line from a disposal system:
10
xi. Subsurface groundwater lowering drainage systems:
100
xii. Any swimming pool:
100
xiii. Public right of way:
50
xiv. Nitrification field:
20
xv. Any building foundation or basement:
15
Per a setback waiver recorded in the Chatham County Register of Deeds, reduced setbacks
from the wetted area to any property line are as follows:
[I 5A NCAC 02T .0606(a)]
WQ0039263 Version 1.0 Shell Version 171103 Page 3 of 8
Parcel No.
Deed Book / Page
Setback
Easement
070000710085
01944/0109
5 feet
45 feet
[I 5A NCAC 02T .0606(a)]
WQ0039263 Version 1.0 Shell Version 171103 Page 3 of 8
b. The setbacks for storage and treatment units permitted under 15A NCAC 02T .0600 shall be as
follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership:
100
ii. Any private or public water supply source:
100
iii. Surface waters:
50
iv. Any well with exception of monitoring wells:
100
v. Any property line:
50
[15A NCAC 02T .0606(b)]
M. 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
pursuant to 15A NCAC 02T .0604(f). [15A NCAC 02T .0604(f)]
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) unless otherwise stated in 15A NCAC 08G .0304. 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. [ 15A
NCAC 02T .0108(b)(1)]
4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed
in Condition 11.4. [15A NCAC 02T .0605(0)]
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 .0605(0)]
6. Only effluent from the single-family residence at 528 Midland Preserve Way, New Hill, NC 27562
shall be irrigated on the sites listed in Condition 11.4. [G.S. 143-215.1]
7. 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)]
8. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. Fencing
shall be provided to prevent access to the irrigation site (minimum 2 -strand wire) and treatment units
shall be secured with locks on all tank accesses and control panels. [15A NCAC 02T .0605(1)]
9. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T.1100. [15A NCAC 02T .1100].
10. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15A NCAC 02T .0605(f)]
11. Pump/dosing tanks shall have audible and visual alarms external to any structure. [15A NCAC 02T
.0605(n)]
12. Any excavation into bedrock shall be lined with a 10 millimeter (mm) synthetic liner. [15A NCAC
02T .0605(d)]
WQ0039263 Version 1.0 Shell Version 171103 Page 4 of 8
13. The Permittee is responsible for the operation and maintenance of the entire treatment and disposal
system including, but not limited to, the following items:
a. The septic tank shall be checked annually and pumped out as needed. The septic tank effluent filter
shall be checked and cleaned at the same frequency as the septic tank. [15A NCAC 18A .1900,
02T .0605]
b. The ultraviolet disinfection unit shall be checked weekly. The lamp(s) and quartz sleeve(s) shall be
cleaned or replaced as needed to ensure proper disinfection. [15A NCAC 02T .0605(1)]
c. The storage, pump, and alarm systems shall be inspected monthly. The scum layer in the pump
tanks shall be removed at the same interval as the septic tank is cleaned out. [15A NCAC 02T
.0108(b)(1)]
d. The system shall be inspected monthly to make certain of the proper operation of the drip lines,
that the system is free of leaks, that the vegetative growth allows a proper drip pattern, that the soil
is assimilating the disposed treated wastewater with no surface runoff, and that no objectionable
odors are being generated. [15A NCAC 02T .0108(b)(1)]
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. 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. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
b. Any facility failure resulting in a by-pass directly to receiving 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.
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)]
WQ0039263 Version 1.0 Shell Version 171103 Page 5 of 8
V,
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)]
2. 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 taken. The Permittee shall maintain this
inspection log for a period of five years from the date of the inspection, and this log shall be made
available to the Division upon request. [15A NCAC 02T .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 of this permit,
and may collect groundwater, surface water or leachate samples. [G.S. 143-215.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to 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. 14.-215.1]
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)]
5. 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 .0104]
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)]
WQ0039263 Version 1.0 Shell Version 171103 Page 6 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). [15A
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 20th day of December 2017
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
I--mda Culpepper, Interim Director
v Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number W00039263
W00039263 Version 1.0 Shell Version 171103 Page 7 of 8
Permit No. WQ0039263 Single -Family Residence Wastewater Irrigation System
BGM Investment Company December 20, 2017
528 Midland Preserve Way SFR Chatham County
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
In accordance with 15A NCAC 02T .0 116, I, as
a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization
to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the
best of my abilities that due care and diligence was used in the observation of the construction, such that
the facility was built within substantial compliance and intent of this permit, the Division approved plans
and specifications, and other supporting documentation.
❑ Any variation to this permit, the Division approved plans and specifications, and other supporting
documentation has been documented in the attached as -built drawings, and shall serve as the
Permittee's minor modification request to amend the permit accordingly.
Provide a brief narrative description of any variations:
Professional Engineer's Name
Engineering Firm
I
Mailing Address
City ,� State ; Zip
i
I
Telephone I E-mail NC PE Seal, Si ature & Date
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service: By Courier/Special Deliver:
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
W00039263 Version 1.0 Shell Version 171103
Page 8 of 8
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
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15A NCAC 02T.0600 — SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEMS
OPERATION AND MAINTENANCE AGREEMENT
Division of Water Resources FORM: SFRW WIS O&M 08-13
Permit No.
Property owner(s) as appearing on the recorded deed: BGM Investment
Mailing address: 51 lUmalme Drive, Suite 100, Cary, NC 27511
Facility address: Parcel 5725, Lot 10, Beaver Creek Road, New Hill, NC 27562
Irrigation Method: ❑ SPRAY ❑X DRIP
County: Chatham
I / We agree to operate and maintain the single-family residence wastewater treatment and irrigation system as follows:
1. The Permittee is responsible for the operation and maintenance of the entire wastewater treatment and irrigation
system including, but not limited to, the following items:
a. The septic tank shall be checked annually and pumped out as needed.
b. The septic tank effluent filter shall be checked and cleaned annually.
c. Accessible sand filter surfaces shall be raked and leveled every six months and any vegetative growth shall be
removed manually.
d. ❑ The tablet chlorinator shall be checked weekly. Wastewater grade tablets (calcium hypochlorite) shall be
added as needed to provide proper chlorination (pool chlorine tablets shall not be used), OR
❑X The ultraviolet disinfection unit shall be checked weekly. The lamp(s) and quartz sleeve(s) shall be
cleaned or replaced as needed to ensure proper disinfection.
e. All pump and alarm systems shall be inspected monthly.
f The irrigation system shall be inspected monthly to ensure that the system is free of leaks, that all irrigation
equipment is operating as designed, that vegetative growth does not interfere with the system inspection or
operation, that the soil is assimilating the disposed treated wastewater with no visible runoff or ponding, and
that no objectionable odors are being generated.
2. Failure to pay the annual fee shall be cause for the Division to revoke the permit pursuant to 15A NCAC 02T
.0105(e)(3).
3. The Permittee's failure to properly operate this system is subject to a penalty up to $25,000 per day.
4. Failure to meet the permit conditions or violation of the State's surface water or groundwater regulations may void
the permit.
All owners appearine on the lesally recorded property deed shall si¢n this Operation & Maintenance Agreement
I / We understand the aboverequirementsand agree to these terms as part of the issued permit.
Owner Signature: 2, Date: �b
Owner Signature: (st Date:
FORM: SFRWWIS O&M 08-13 / Page 1 of 1