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HomeMy WebLinkAboutWQ0040918_Final Permit_20191118ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director JOAN LEE — VICE PRESIDENT MURPHY-BROWN LLC POST OFFICE BOX 856 WARSAW, NORTH CAROLINA 28398 Dear Ms. Lee: NORTH CAROLINA Environmental Quality November 18, 2019 Subject: Permit No. WQ0040918 Ag Protein Trailer Wash Wastewater Irrigation System Duplin County In accordance with your permit application request received May 28, 2019, and subsequent additional information received September 23, 2019, we are forwarding herewith Permit No. WQ0040918 dated November 18, 2019, to Murphy -Brown LLC for the construction and operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance through August 31, 2025, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than March 4, 2025. Please pay attention to the monitoring requirements listed Attachments A, B, and C. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. 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. Otherwise, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Tessa Monday at (919) 707-3660 or tessa.monday@ncdenr.gov. Sincerely, --,-,�Linda Culpepper, Director U Division of Water Resources cc: Duplin County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NOfl 919.707.9000 Ms. Joan Lee November 18, 2019 Page 2 of 2 Joshua Outlaw, PE — Smithfield (Electronic Copy) Beth Buffington — Protection and Enforcement Branch (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 Murphy -Brown LLC Duplin County FOR THE construction and operation of a 1,825,0005,000 gallon per year (GPY) agricultural truck wash (for trucks carrying swine mortality) industrial wastewater treatment and irrigation facility consisting o£ 2,500 gallon concrete grease trap; synthetically -lined, dual -bay 915,956 gallon facultative lagoon; 104 gallon per minute (GPM) irrigation pump; seven spray irrigation fields (7.06 acres total) and all associated piping, valves, controls, and appurtenances to serve the Ag Protein Trailer Wash, with no discharge of wastes to surface waters, pursuant to the application received May 28, 2019, subsequent additional information received September 23, 2019, and in conformity with the Division -approved plans and specifications considered a part of this permit. Please note that Alternative Design Criteria has been approved for this facility pursuant to 15A NCAC 02T .0105(n). The following administrative code has been approved for alternative design criteria: ➢ 15A NCAC 02T .0505(1) —Power reliability shall be provided, consisting of: (1) automatically activated standby power supply, located onsite, and capable of powering all essential treatment units under design conditions; or (2) approval by the Director that the facility: (A) serves a private water distribution system that has automatic shut-off at power failure and no elevated water storage tanks; (B) has sufficient storage capacity that no potential for overflow exists; and (C) can tolerate septic wastewater during prolonged detention. A standby power supply is not required because the subject facility meets all three requirements in 15A NCAC 02T .0505(1)(2). This permit shall be effective from the date of issuance through August 31, 2025, and shall be subject to the following conditions and limitations: WQ0040918 Version 1.0 Shell Version 181105 Page 1 of 13 I. SCHEDULES Monitoring wells MW-1, MW-2, MW-3, and MW-4 shall be sampled after construction, and within three months prior to initiating wastewater irrigation operations. The monitoring wells shall be sampled for the parameters specified in Attachment C. The Permittee shall submit a report documenting the baseline groundwater quality within the compliance boundary. The report with all associated lab data shall be mailed to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or-on-Discharge.Reports&cderingov. [15A NCAC 02C .0113, 02T .0108(b)(1)(B)] 2. Prior to operation, the Permittee shall submit the approved Waste Utilization Plan (WUP). The plan shall be mailed to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports _,ncdenr.gov. [15A NCAC 02C .0113, 02T .0108(b)(1)(B)] 3. Upon completion of construction and prior to operation of this permitted facility, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reportsancdenr.gov. [15A NCAC 02T .0116(a)] 4. The Permittee shall notify the Wilmington Regional Office, telephone number (910) 796-7215, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] The Wilmington Regional Office, telephone number (910) 796-7215, shall approve monitoring wells MW-I, MW-2, MW-3, and MW-4 prior to installation, and the monitoring wells shall be installed prior to beginning waste disposal operations. The Wilmington Regional Office shall be notified at least two business days in advance of construction of any monitoring well. The monitoring wells shall be constructed such that the water level in the well is never above or below the screened portion of the well, and in accordance with 15A NCAC 02C .0108. The general location and Division -approved name for each monitoring well is on Figure 1. [15A NCAC 02C .0108, 02T .0108(b)(1)(B)] WQ0040918 Version 1.0 Shell Version 181105 Page 2 of 13 6. Within 90 days prior to operation, the Permittee shall submit two original copies and one digital copy of a site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be granted upon prior approval for large properties. The map shall include the following information: a. Legend, north arrow, scale, and legible in black and white. b. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief. c. All habitable residences or places of assembly within 500 feet of the irrigation area. d. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of the irrigation area. e. Location and identification of each monitoring well (identify any background/upgradient wells). f. Latitude and longitude coordinates of each monitoring wells (decimal degrees to the sixth decimal degree and in NAD83). g. Location and identification of major components of the waste disposal system. h. The perimeter of all irrigation areas with field names (named according to the approved permit) i. Location and ownership of property boundaries within 500 feet of the irrigation area (including road/rail right-of-ways and easements). j. Latitude and longitude ofthe established horizontal control monument (decimal degrees to the sixth decimal degree). k. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum. 1. Depth of water below the measuring point at the time the measuring point is established. in. Delineation of the compliance and review boundaries. n. Distance measurements verifying all setbacks are being met. o. Stormwater drainage controls. p. 100-year floodplain. q. The date the map is prepared and/or revised. Boundaries and physical features not under purview of other licensed professions shall be provided by a Professional Surveyor. Control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities taking place on the property. The map and any supporting documentation shall be sent to the Division of Water Resources, Non - Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Discharp-e.Reports@ncdenr.gov. [15A NCAC 02C .0105(f), 02T .0108(b)(1)(B)] 7. Within 30 days of construction, a Well Construction Record (Form GW-1) listing this permit number and the appropriate monitoring well identification number shall be completed for each well constructed, and mailed to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports(&ncdenr.gov. A North Carolina Certified Well Contractor shall construct the monitoring wells according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. [15A NCAC 02C .0113, 02T .0108(b)(1)(B)] 8. A gauge to monitor waste levels in the dual -bay 915,956 gallon facultative lagoon shall be installed prior to operation. Caution shall be taken not to damage the integrity of any liner (if present) when installing a gauge. [15A NCAC 02T .0108(b)(1)(B), 02T .0505(d)] 9. The Permittee shall request renewal of this permit on Division -approved forms no later than March 4, 2025. [15A NCAC 02T .0105(b), 02T .0109] WQ0040918 Version 1.0 Shell Version 181105 Page 3 of 13 H. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject non -discharge facilities 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 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 their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0505(b)] 5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] 6. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary, whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [ 15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)] 7. The review boundary is midway between the compliance boundary and the wastewater irrigation area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L .0106(d)(1), 02L .0108] 8. 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 (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] 9. 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] 10. 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 Duplin 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)] WQ0040918 Version 1.0 Shell Version 181105 Page 4 of 13 11. The facilities herein were permitted per the following setbacks: a. The irrigation sites were originally permitted November 18, 2019. The setbacks for spray irrigation sites originally permitted or modified on or after September 1, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 400', 3 ii. Each habitable residence or place of assembly owned by the Permittee: 200 iii. Each private or public water supply source: 100 iv. Surface waters: 100 v. Groundwater lowering ditches: 100 vi. Surface water diversions: 25 vii. Each well with exception of monitoring wells: 100 viii. Each property line: 1502,4 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Public right of way: 50 xiii. Nitrification field: 20 xiv. Each building foundation or basement: 15 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. Z 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 Per a setback waiver recorded in the Duplin County Register of Deeds, reduced setbacks from the wetted area to any habitable residence or place of assembly under separate ownership are as follows: Parcel No. Deed Book / Page Setback Easement 12-972 1880 / 356 100 feet 300 feet 4 Per a setback waiver recorded in the Duplin County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 12-972 1880 / 356 75 feet 75 feet [15A NCAC 02T .0506(a), 02T .0506(e), 02T .0506(f)] WQ0040918 Version 1.0 Shell Version 181105 Page 5 of 13 b. The storage and treatment units were originally permitted November 18, 2019. The setbacks for storage and treatment units originally permitted or modified on or after September 1, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02T .0506(b), 02T .0506(e), 02T .0506(f)] III. OPERATION AND MAINTENANCE RE UIREIVIENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02T .0500] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0507(a)] 3. 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 their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T .0507(b)] 5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0507(c)] 6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02T .0505(x)] 7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0507(d)] 8. Only treated effluent from the Ag Protein Trailer Wash shall be irrigated on the sites listed in Attachment B. [15A NCAC 02T .0501] 9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)] 10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities. [15A NCAC 02T .0505(q)] 11. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC 02T .0508, 02T .I 100]. WQ0040918 Version 1.0 Shell Version 181105 Page 6 of 13 12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .05050)] 13. Freeboard in the facultative lagoon shall not be less than two feet at any time. [15A NCAC 02T .0505(d)] 14. A gauge to monitor waste levels in the facultative lagoon shall be provided. This gauge 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 .0507(f)] 15. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0507(g)] 16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)] 17. Soil pH on all irrigation fields shall be maintained in the optimum range for crop production. [15A NCAC 02T.0108(b)(1)(A)] 18. The Waste Utilization Plan (WUP) is hereby incorporated by reference into this permit. Any modifications to the WUP, including changes to the cropping plan, shall require submittal of the revised WUP to the Wilmington Regional Office and Central Office, but may not require modification to this permit. [15ANCAC 02T.0108(b)(1)(A)] 19. Only those cleaning agents, soap, and disinfectants that are EPA approved, will not harm cover crop, and will not contravene the groundwater standards listed in 15A NCAC 02L may be utilized in the subject facility. Instruction labels are to be followed when using cleaning agents, soaps, and disinfectants. [15A NCAC 02T.0108(b)(1)(A)] 20. Engine and engine parts shall not be washed or rinsed in the wastewater system. Oil drained from the engine crankcases, antifreeze, or degreasing solvent wastes shall not be discharged into the wastewater system. [15A NCAC 02T .0108(b)(1)(A)] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. Results for ammonia and nitrate that are part of the North Carolina Department of Agriculture, Agronomic Division's Waste Analysis may also be submitted. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] WQ0040918 Version 1.0 Shell Version 181105 Page 7 of 13 5. The Permittee shall maintain records tracking the amount of effluent irrigated. 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. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; and g Weather conditions. [15A NCAC 02T .0108(c)] The Permittee shall maintain a record of all maintenance of irrigation field crops and soil. The records shall be maintained for five years, and shall be made available to the Division upon request. These records shall include the following information: a. Date and quantity of soil amendment addition; b. Pesticide or herbicide use; c. Crop production tonnage; and d. Crop re -seeding. [15A NCAC 02T .0108(c)] 7. Freeboard (i.e., waste level to the lowest embankment elevation) in the facultative lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 8. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI, three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1, and three copies of all field loading records on Form NDMLR for every site in Attachment B shall be submitted on or before the last day of the following month. NDMLR data shall include cover crop type and PAN loading for each month as well as cumulative PAN loading for the year. 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)] 9. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. 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 .0508(b)] WQ0040918 Version 1.0 Shell Version 181105 Page 8 of 13 10. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of irrigation equipment calibration; c. Records of sludge level in the lagoon; d. Visual observations of the plant and plant site; and e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0507(h)] 11. Monitoring wells MW-1, MW-2, MW-3, and MW-4 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring, data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 12. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. 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(m)] 13. A representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B at a minimum of every three years. These results shall be maintained at the facility for five years, and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [ 15A NCAC 02T .0108(c)] WQ0040918 Version 1.0 Shell Version 181105 Page 9 of 13 14. Noncompliance Notification: The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Wilmington 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)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0507(i)] 2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for 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 .0507(h), 02T .0507(i)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein 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 groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] WQ0040918 Version 1.0 Shell Version 181105 Page 10 of 13 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of 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 .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] 8. 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 Administrative Code Title 15A Subchapter 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 any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [ 15A NCAC 02T .0110] WQ0040918 Version 1.0 Shell Version 181105 Page 11 of 13 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein 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. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate ofthe Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. 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. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 18t' day of November 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION da Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0040918 WQ0040918 Version 1.0 Shell Version 181105 Page 12 of 13 Permit No. WQ0040918 Murphy -Brown LLC Ag Protein Trailer Wash ENGINEERING CERTIFICATION ❑ Partial ❑ Final Wastewater Irrigation System November 18, 2019 Duplin County I, , as a duly licensed North Carolina Professional Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division -approved plans and specifications. Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the attached as -built drawings. Description of variations: _ _ _ Professional Engineer's Name I Firm Name I Firm No. I Address City I State Telephone Email Zip Code Seal, Signature, and Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON -DISCHARGE BRANCH % U.S. Postal Service By Courier/Special Deliven 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 WQ0040918 Version 1.0 Shell Version 181105 Page 13 of 13 THIS PAGE BLANK 0 1..Hy •o z c.7 C7 C7 C7 � C7 � C7 C7 C7 C7 � � w A d W E C 'cd ca �9 `c8 ',',a 'a �a t5 `c9 c'a c8 'ca ta N' 8 A exa 0 � W rr0. V ►a W C Cc, O O CA O , O p Hkn �w O � � M c � ta > 0 o O e a o z o ¢� u z z `i w U y d `' °' G Z v w O v o D.0 z a Q w v z H Cod Q o oQ Vl •p .� v a0i a0i a0i I� 1^ ICI M. 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Hargrove, Register of Deeds Bx 1880 PG 366 - 367 (2) State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE WASTWATER SYSTEM WAIVER AGREEMENT TO WAIVE SETBACKS AS REQUIRED BY 15A NCAC 02T .0506(a), .0506(b), .0606(a), .0706(a) AND .1006(a) D.M. Farms of Rose Hill, LLC , certify that I am a deeded owner of the property located at: Address: 356 Bonham Road Parcel No.: 12-972 City: _ Magnolia _ State: NC Zip Code: 28453 County: Duplin Furthermore, I certify that I am authorized to make decisions regarding this property, and that I do hereby agree that the setback distances cited below be granted to the Applicant/Pennittee listed on the following page- 1 understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above, I consent to a reduced setback from 150 feet to 75 feet, thereby allowing the application of wastewater effluent as near as 75 feet from my property line. I understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above, I consent to a reduced setback from 400 feet to 100 feet, thereby allowing the application of wastewater effluent as near as 100 feet from my residence. ❑ 1 understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above, I consent to a reduced setback from feet to feet, thereby allowing the construction of wastewater treatment and storage units as near as _ feet from my property line. ❑ I understand the setback requirements set forth in 15A NCAC 02T. For the parcel identified above, I consent to a reduced setback fri : feet to feet, thereby allowing the construction of wastewater treatme t and 'to age units as near as feet from my residence. �� f Signature: _4.2L - f Date: 3 / DORM: NDWSW 03-17 Page I of Book 1880 Page 357 Applicant/Permittee: Murphy -Brown, LLC Address: P.O. Box 856 Parcel No.: 12-970 City: Warsaw State: NG Zip Codc: 28398 County:. Duplin NORTH CAROL{{INA, f din COUNTY 1, 1•1 SSa J U1�ltf , a Notary Public for �L 111 Yi County, North Carolina, do hereby certify that Vlrclri +�� 1 11{tir personally appeared before me this day and acknowledged the due execution of the four"egoing instrument. Witness my hand and oMdal seal, this the 36b day of i(i 201b. SEAL��.\N \SSA S 41. .� Notary Pubtic s Duptin Signature of Notary Public County = My Comm. Exp• Z My commission expires )'b ;1�1 .l, 11-26-2021 QV $ ,li "I"iCA�tO\�`\`\ Once notarized, this form shall be recorded at the Register of Deeds in the county or counties in which the described properties are located. A copy of the recorded waiver shall be sent to the following address: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FORM: NDWSW 03-17 Page 2 of 2