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HomeMy WebLinkAboutWQ0003180_Correspondence_20190712ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director LAWRENCE EDWARD GATES 3810 ARDLEY COURT WILMINGTON, NORTH CAROLINA 28409 Dear Mr. Gates: NORTH CAROLINA Environmental Quality July 12, 2019 Subject: Permit No. WQ0003180 200 Harris Mill Rd. SFR Single -Family Residence Wastewater Irrigation System Durham County It has come to the Division of Water Resources' attention that the subject single-family residence wastewater irrigation facility has changed ownership. The Durham County Register of Deeds indicates that Lawrence Edward Gates received the subject property (Parcel No. 092013202147) from Dayton C. Gates on May 20, 2019 (Deed Book: 8661 / Page: 989). The wastewater treatment and irrigation system associated with this property are covered under an individual State -issued non -discharge permit (Permit No. WQ0003180). Accordingly, please complete and submit the attached Non -Discharge Permit Ownership/Name Change application (Form: NDPONC) and the Single -Family Residence Wastewater Irrigation System Operation and Maintenance Agreement (Form: SFRWWIS O&M). These forms have been prefilled for your convenience. Once the application is received, Raleigh Regional Office staff will conduct a site visit and provide an overview of the treatment and disposal system. Upon completion of the site visit and review of the application, a new non -discharge permit will be issued for a length of up to eight years. There is a $60 annual fee associated with this permit, which is not due at this time. Please complete and submit the attached forms within 30 days of receiving this notification Failure to provide these forms shall result in a Notice of Violation for operating the subject facilities without a valid permit, which is a violation of G.S. 143-215.1, and may subject you to appropriate enforcement actions pursuant to G.S. 143-215.6A-6C. Civil penalties of up to $25,000 per day per violation may be assessed for failure to secure a valid permit. If you need additional information concerning this letter, please contact me at (919) 707-3653 or nathaniel.thornburgLa'. ncdenr.gov. Sincerely, Nathaniel D. Thornburg, Branch Chi f Division of Water Resources cc: Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Central Files North Carolina Department of Environmental Quality 1 Division of Water Resources D �ru �"1� 512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617 Norjn�canou �� 919.707.9000 State of North Carolina Department of Environmental Quality DWR Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION This form is for ownership changes or name changes of a non -discharge system permit. Please note that "Permittee" references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change. For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit website A. Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) Application (All Applications): ❑ Submit an original completed and appropriately executed Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) application. ❑ The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106 c , an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T.( ❑ The Applicant's Certification shall be signed in accordance with 15A NCAC )T..0106(b. Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b . B. Existing Permit (All Applications): ❑ Submit a copy of the most recently issued permit. C. Property Ownership Documentation (All Applications): ➢ Per 15A NCAC 02T .0504 , 15A NCAC 02T .0604(e}, 15A NCAC 02T .0704(f), 15A NCAC 02T .0804, 15A NCAC 02T .1004(d), 15A NCAC 02T .I 104(d)(7), 15A NCAC 02T .1104 e 5 , 15A NCAC 02U .0201(e) or 15A NCAC 02U .0202(fl, the Applicant shall demonstrate they are the owner of all property containing the non -discharge system facilities: ❑ Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or ❑ Written notarized lease agreement that specifically indicates the intended use of the property and has been signed by both parties, as well as a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107. D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility): ❑ Per 15A NCAC 02 0115(ap provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non -discharge system. E. Operational Agreements (All Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be sold): ➢ Home/PropeM Owners' Associations ❑ Per 15A NCAC 02T .0115 c , submit an original properly executed Operational Agreem-nt (FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws. ➢ Develo ers of lots to be sold ❑ Per 15A NCAC 02T .0115(b). submit an original of the properly executed Operational Agreement ( FORM: DEV i. F. Operation and Maintenance Agreement (All Applications for Single -Family Wastewater Irrigation Systems): ❑ Per 15A NCAC 02T.06040o, submit an original of a notarized Operation and Maintenance Agreement (FORM: SFRWWIS O&M) that has been signed and dated by all deeded property owners. THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE BRANCH Bi U.S. Postal Service: 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 By Courier/Special Delivery: 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27604 TELEPHONE NUMBER: (919) 707-3654 INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION Page 1 of 1 State of North Carolina DWR Department of Environmental Quality Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE "Division of Water Resources FORM: NDPONC 06-16 I. EXISTING PERMITTEE INFORMATION: 1. Permittee's name: Dayton C. Gates Signature authority's name: per 15A NCAC 02T .0106(b] Title: 3. Pe . e's mailing address: City. State: Zip: - 4. Permittee's contact inlb=tion: hone number:(- - Email Address: 5. Demonstration of histoation for permit approval — 7AC 02T .0120: Has the Permittee or any parent, subsidi other affiliate exhibited the following? a. Has been convicted of environmental crimes unite 1 ederal law or G.S. 143-215.6B? El Yes or ❑ No b. Has previously abandoned a wastewater treatment facili thout properly closing that facility? ❑ Yes or ❑ No c. Has unpaid civil penalty where all appeals have been abandoned or austed? ❑ Yes or ❑ No d. Is non -compliant with an existing non -discharge permit, settlement agreeme order? ❑ Yes or ❑ No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105 e 2 ? El Yes or II. FACILITY INFORMATION: 1. Facility name: 200 Harris Mill Rd. SFR 2. Facility's physical address: 200 Harris Mill Rd. City: Rous.emont State: NC Zip: 27572- County: Durham III. PERMIT INFORMATION: 1. Existing permit number: WQ0003180 and most recent issuance date: July_10, 2013 2. Existing permit type: Single -Family Residence Wastewater Irrigation 3. Reason for the permit application: Change of Ownership 4. Has the facility been constructed? ® Yes or ❑ No IV. APPLICANT INFORMATION: 1. Applicant's name: Lawrence Edward Gates 2. Signature authority's name: Lawrence Edward Gates per 15A NCAC 02T .0106(b] Title: Owner 3. Applicant's mailing address: 3810 Ardley Ct. City: Wilminton State: NC . Zip: 28409- 4. Applicant's contact information: Phone number: (_) = Email Address: 5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.6B? ❑ Yes or ❑ No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ❑ No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ❑ No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ❑ No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2]? ❑ Yes or ❑ No FORM: NDPONC 06-16 Pagel of 2 Permittee's Certification per 15A NCAC 02T .0106f bl: I, (Signature Authority's name & title from Application Item I.2.) (Facility name from Application Item 11.1.) that this application for has been reviewed by me and is accurate and`coWlete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of the existing: permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporii nformation and attachments are not included, this application package will be returned as incomplete. I further certify that the existinihgermittee or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper cldoes not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance edule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowinglyiRkkes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which ma elude a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: Date: Applicant's Certification per 15A NCAC 02T .0106(b): I, — attest that this application for (Signature Authority's name & title from Application Item IV.2.) (Facility name from Application Item II.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105I e1. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: Date: FORM: NDPONC 06-16 Page 2 of 2 State of North Carolina DWR Department of Environmental Quality Division of Water Resources SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEM Division of Water Resources OPERATION AND MAINTENANCE AGREEMENT FORM: SFRWWIS-O&M 09-18 Permit No. WQ0003180 Permittee: Lawrence Edward Gates (i.e., all deeded property owners) County: Durham 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 Change 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. We understand the above requirements and agree to these terms as part of the issued permit. Signature Signature: Signature: Signature: Date: Date: Date: Date: All deeded propeM owners shall sign this Operation and Maintenance Agreement FORM: SFRWWIS-O&M 09-18 Page 1 of 1