Loading...
HomeMy WebLinkAboutWQ0039181_Final Permit_20210201ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director AARON F. GOSS — PRESIDENT CAROLINA MALT HOUSE, INC. 12969 STATESVILLE BOULEVARD CLEVELAND, NORTH CAROLINA 27013 Dear Mr. Goss: NORTH CAROLINA Environmental Quality February 1, 2021 Subject: Permit No. WQ0039181 Carolina Malt House WWTF Wastewater Irrigation System Rowan County In accordance with your permit major modification request received August 17, 2020, and subsequent additional information received December 11, 2020, we are forwarding herewith Permit No. WQ0039181 dated February 1, 2021, to Carolina Malt House, Inc. for the continued operation of the subject wastewater treatment and irrigation facilities. The following modifications to the subject permit are as follows: the permitted flow has been increased to 6,053 gallons per day (GPD); the annual loading rate for all three fields has been increased to 26.9 inches per year. This permit shall be effective from the date of issuance through June 30, 2022, shall void Permit No. WQ0039181 issued July 14, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than January 1, 2022. Please pay attention to the monitoring requirements listed 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. The Division has removed the following permit conditions since the last permit issuance dated July 14, 2017: ➢ Old Conditions I.1., L2., and L3. —The construction was completed and a gauge was installed according to the February 1, 2019 compliance inspection report. ➢ Old Condition VL2. — The permit is not voidable. The following permit conditions are new since the last permit issuance dated July 14, 2017: ➢ Condition IIL 16. — This condition requires that metering equipment be tested and calibrated annually. ➢ Conditions VL8. and VL9. —Updated general permit language. D E Q 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 n�A � GeV�rtnient ul fnrirnnmenlnt pualily 919.707.9000 Mr. Aaron F. Goss February 1, 2021 Page 2 of 2 ➢ Condition V1.10. —Prevents the permit from being renewed if the Permittee has any unpaid overdue fees. ➢ Attachment A — The flow has been increased to 6,053 GPD. ➢ Attachment B — The annual loading rate has been increased to 26.9 inches per year. 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. If you need additional information concerning this permit, please contact Vivien Zhong at (919) 707-3627 or vivien.zhongkncdenr.gov. Sincerely, S. Daniel Smith, Director Division of Water Resources cc: Rowan County Health Department (Electronic Copy) Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Samuel C. Bingham, PE (Electronic Copy) Beth Buffington — Protection and Enforcement Branch (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) 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 Carolina Malt House, Inc. Rowan County FOR THE continued operation of a 6,053 gallon per day (GPD) wastewater treatment and irrigation facility consisting of a 366,281 gallon synthetically lined storage pond; a 101 gallon per minute (GPM), 7.5 horsepower (hp) irrigation pump; a 3.2 acre spray irrigation area consisting of three fields; and all associated piping, valves, controls, and appurtenances to serve the Carolina Malt House WWTF, with no discharge of wastes to surface waters, pursuant to the application received August 17, 2020, subsequent additional information received December 11, 2020, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through June 30, 2022, shall void Permit No. WQ0039181 issued July 14, 2017, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall request renewal of this permit on Division -approved forms no later than January 1, 2022. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS 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. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0505(b)] WQ0039181 Version 1.1 Shell Version 200201 Page 1 of 8 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)] 5. 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(1), G.S. 143 -215. 1 (k)] 6. 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] 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 (i.e., parcel subdivision). [15A NCAC 02L .0107(c)] 8. 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 Rowan 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(fl] WQ0039181 Version 1.1 Shell Version 200201 Page 2 of 8 10. The facilities herein were permitted per the following setbacks: a. The irrigation sites were modified February 1, 2021. 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 ' 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: 150 2,1 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. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. 3 Per setback waivers recorded in the Rowan County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 265-001 1288 / 420 0 feet 150 feet 263-008 1288 / 420 0 feet 150 feet [15A NCAC 02T .0506(a), 02T .0506(d), 02T .0506(e), 02T .0506(f)] b. The storage and treatment units were modified February 1, 2021. 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 ' 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)] WQ0039181 Version 1.1 Shell Version 200201 Page 3 of 8 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -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 Carolina Malt House WWTF 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 .1100]. 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 366,281 gallon storage pond shall not be less than two feet at anytime. [15A NCAC 02T .0505(d)] 14. A gauge to monitor waste levels in the 366,281 gallon storage pond 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(fl] 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)] WQ0039181 Version 1.1 Shell Version 200201 Page 4 of 8 16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)] IV. MONITORING AND REPORTING REQUIREMENTS 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. [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)] 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; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 366,281 gallon storage pond shall be measured to the nearest inch or tenth of afoot, 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)] 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 IV.S. 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)] WQ0039181 Version 1.1 Shell Version 200201 Page 5 of 8 8. 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)] 9. 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. Visual observations of the plant and plant site; and d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0507(h)] 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 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)] 11. Noncompliance Notification: The Permittee shall report to the Mooresville Regional Office, telephone number (704) 663-1699, 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 Rowan 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)] WQ0039181 Version 1.1 Shell Version 200201 Page 6 of 8 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)] VL 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(0)] 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)] WQ0039181 Version 1.1 Shell Version 200201 Page 7 of 8 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] 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. 143-215.6B, 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 of the 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 1st day of February 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION - ;�4� -a S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0039181 WQ0039181 Version 1.1 Shell Version 200201 Page 8 of 8 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— WWTF Effluent Permit Number: WQ0039181 Version: 1.1 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Code Parameter Description Units of Measure Monthly Average Monthly Daily Minimum Daily Maximum Geometric Mean Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 3 x Year i Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year i Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 6,053 Monthly Estimate 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year i Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 3 x Year i Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 3 x Year i Grab 00600 Nitrogen, Total (as N) mg/L 3 x Year i Grab 00400 pH su Weekly Grab 00665 Phosphorus, Total (as P) mg/L 3 x Year i Grab 00530 Solids, Total Suspended mg/L 3 x Year 1 Grab 1. 3 x Year sampling shall be conducted in March, July, and November. WQ0039181 Version 1.1 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Carolina Malt House, Inc. — Carolina Malt House WWTF Permit Number: WQ0039181 Version: 1.1 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 1 Amber Waves Holdings, LLC Rowan 35.737260' -80.713600' 1.1 Pall 01284 — Non -Discharge Application Rate 0.1 26.9 inches 2A Amber Waves Holdings, LLC Rowan 35.738576' -80.713262' 1.1 Pall 01284 — Non -Discharge Application Rate 0.1 26.9 inches 2B Amber Waves Holdings, LLC Rowan 35.737990' -80.712133' 1.0 Pall 01284 — Non -Discharge Application Rate 0.1 26.9 inches Totals 3.2 1. The permitted annual loading rate 26.9 inches per year is based on the design irrigation rate. The soils scientist recommended maximum annual loading rate is 57.2 inches per year. WQ0039181 Version 1.1 Attachment B Page 1 of 1 0 RE IRRIfa� MAIN AND WIRE v IField 1 FIELD C"v (V3A & V3B) SDIL 1--w (PACOLET) WETTABLE ACRES - 11 AC. Field 2 / 745 � F11TURE IRRTGATIUN \ c CAP MAIN AND LEAVE - CONTROL WIRE NOTEt V-4A &V-4B ARE USE AND ARE NOT IN FIRST PHASE ^2 1~� /00/ oh 1 Field 2B FOF TO FIELD Bo--* (V2A & Vc' SOIL 1--v (PACOLET) WETTABLE ACRES— t Wastewater Spray Authorization and Grant of Easement Running with the Land This Easement is granted January 1, 2017 ("Effective Date") by Amber Waves Holdings, LLC ("Grantor"), a North Carolina limited liability company located at 12969 Statesville Blvd, Cleveland, NC 27013 to Carolina Malt House, Inc. ("Grantee"), a North Carolina corporation located at 12969 Statesville Blvd, Cleveland, NC 27013. Grantor covenants that it is the owner of 18.728 acres (more or less) along Statesville Boulevard in Rowan County west of the town of Cleveland, further described in that deed recorded in Book 1270, Page 806, Rowan County Registry ("Servient Parcel One"), and furthermore that it is the owner of 41.139 acres (more or less) along Statesville Boulevard in Rowan County west of the town of Cleveland, adjoining Parcel One, further described in that deed recorded in Book 1277, Page 888, Rowan County Registry ("Servient Parcel Two") (together with Servient Parcel One, the "Servient Parcels"). Grant of Easement. Whereas Grantee intends to set up a spray irrigation system for its spent malt steeping water, Grantor hereby grants to Grantee an easement (the "Easement"), to run with the Servient Parcels, to build and operate a wastewater management system (as more particularly identified below in Section 5) on the Servient Parcels, and to do all things necessary or required by law in connection therewith. The Easement shall run with the Servient Parcels and shall be binding on and inure to future owners, transferees, heirs, and assigns of the Servient Parcels. Grantee shall not grant, convey, assign or otherwise transfer to any other person or entity any of its right, title or interest in this Easement or its liabilities or obligations under this Agreement, unless such transfer is part of its transfer of the wastewater permit described herein. The Easement shall be binding upon and inure to the Grantor, Grantee, and their respective heirs, representatives, successors and assigns. 2 Use. AWH authorizes CMH to build and maintain a waste storage pond and use spray irrigation to distribute over Parcel One and Parcel Two the wastewater from the storage pond, and to otherwise use Parcel One and Parcel Two as CMH deems necessary to 1of3 effectuate a wastewater irrigation permit that CMH anticipates receiving from the State of North Carolina, more particularly described in Section 5 below. Said wastewater shall consist chiefly of steeping water produced as a byproduct of malting grains, and shall not include sewage. 3 Compliance with I5A NCAC 02L .0107 The Easement shall comply with 15A NCAC 02L .0107 to the extent required by 15A NCAC 02T .0604, and the remaining provisions of this Section shall be read narrowly or broadly as necessary to meet the requirements of that regulation. Construction and operation of water wells within the compliance boundary, as defined in 15A NCAC 02L, is prohibited. The right is reserved to the permittee and the State to enter on the Servient Parcels within the compliance boundary as defined in 15A NCAC 02L for groundwater monitoring and remediation purposes. 4 Choice of Law. This agreement sliall be governed by and construed in accordance with the internal laws of the State of North Carolina, U.S.A., i;ithout reference to any conflicts of law provisions. 5 Identification of the Permit. The Easement is issued in contemplation of Grantee obtaining a permit from the State of North Carolina to operate a wastewater disposal system on the Servient Parcels. which upon receipt and prior to recording of this document shall be identified as follows: Permit Number: Description of the Type of Permit: Name, Address. and Telephone Number of the Permitting Agency:. 6 Recording. Grantee shall, at its expense. record this Easement Agreement in the records of Rowan County. North Carolina, and shall provide Grantor with conformed copies of the recorded instruments, as well as executed originals of all documents. Such recording shall take place within ten (10) business days following the issuance of the permit to be identified in Section 5. 2 of 3 Amber Waves Holdings, LLC By: Printed Name: Aaron F. Goss Title: Manager Date: 1 Z 1 Carolina Malt House, Inc. By:�. Printed Name: Stephan P. Bauk Title: Vice President Date: VIZ 17 North Carolina &6sk:!, County Wastewater irrigation system permit identification (to be filled in later): 1,&e, . a Notary Public for said Countv and State, do hereby that Aaron F. Goss and Stephan P. Bauk personally appeared before me this day and acknowledged the due execution of the foregoing, instrument. Witness my hand and official seal, this the ��� day of 20 17, z 4 z at, Notdjy' Public My commission expires: 3of3 LVLA FL 9ATN x A Dd 11011 W FYNt9 G(1 BT! J LEGEND I A Earo� sue. F C L RR yy� ,y n na S+. arNry a Part (h at sM) 0 E, NO T OnErb RY 1itWl�M1IGSY w� sm VICINITY MAP —NOT TO S C A L E P ��Ile S aF s 46 FS� 18.728 Acres Ufa k Nod- \� s OW" QfIFlL9L9.5 \' 4d t0e3 PC i76 OA. SO! PC. 147 J �L Od 363 PG l- P& ¢ a a � �ylYilY�91 �'lP 08 SPes � 1AA 9JIVLStA)T CarH110.Ota 1 cn1UtF Mct Qer rwq � �� user ml wq�W� hwn m mmd terry meN udr m a�n4ion (ere arr7piim rucdri r PmY Y00. Feomiollon h F)mY d uar 9933 Pnq. 7PPh rid 1M .aM� d F'f�1'��' a p�wlxorb oow.m7 r t: tdiooa; a,e u�at ns. m� m..fs n. �d of �t.mm ar Pnr"- - b I,.Ma 9rsyAy r NeriN [ -aria (2t Nc�c 76teapY TNr ace ear a sP+�•er, aas Rlhvd L. PL& CIR��A L IOLMARO L. SINLI0 &jFxXk YROFtsS M& LAMv vjwAIOR L-m NO. LET}PT THAT C A WE STREET IS OF AN ANCEE0SWG PDAM&= 011 PAR{ft$ OF LAW AND DOES NOP OTEATE A N♦_T9 '-NRFET PN fNANILE HI E4"IRNi SifQEf. 4 L_ NC1NfD L. 9NA.QRL%aDFA. PILA PANE is N AL Q4AW.X HAM IRA➢1 RMINDART ".) M PM11 37mOA mwa ) llr 5e'7 Or _ LS 5 w DO' K" E Z-3r LS 5 .A' IV T9' E m.kw 0 S 51' 71Y Or E m7E' La 5 SD' Ya' 9S' E 107 W LS N 0' 07 3N' E 9E.14 am ORARI !0N£ 1' + xd 0 00 im p00 300 /00 PROPEM SlRWY FOR Carolina Malt Haase, Incorporated STATES w MtXF AM OEYELmO FOWSW ROWAN mgm. NORFIt rmajmA FVjY4DICE3 Pm N ID 275 001. 0.ae a RSA Paw Sm SffKF Pb1 by Omdf A Was. P.LS.. DOW New 26. 2002 WW DATE. R-2-= NOTF: A PO rD N OF INS PROPSM LIES WE mm 01SQMTED A4W mE'tf (APEAS OE07aWFD TO E Qr=E Tt# 0.1%ANW& OHMIC£ Pum RAN) (Sm NAP} A P6TNON OF T PROFFRfY LE3 WrAM IIEmo W FLOOD IDNE'AF (1i ANNUAL GRAMM FLOOD PLAN - BA; FLOW O.EvAT04 DEgMlab) (SEE NAP A. FNLF 371003Y200J} NOTE. TRS No C wrr PPEPARm FTR �TmIa ERUEY A mm YY f11AF7Y11NIFit 9lAFYFIC faTPNFY, P1w 0 c-INQ N{ M MAN SL. 901E A. SNMW, NC ROE: 70HL9-Y4 M3 ef V, te-nt parce Two o� fnsm:l x±„ 7 Rm "39 A i"vim: o