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HomeMy WebLinkAboutWQ0007521_Application_20220111Non -Discharge Branch Upload/Submittal Form NORTH CAROLINA EnWrvnmemfal Qualify Version 2 - Revised June 23, 2020 Initial Review Reviewer Thornburg, Nathaniel D Is this submittal an application? (Excluding additional information.)* Yes No Permit Number (IR) * WQ0007521 Applicant/Permittee Laughlin Wash Station, LLC Applicant/Permittee Address 212 Rifle Range Road Is the owner in BIMS? Yes • No Is the facility in BIMS? Yes No Owner Type Organization Facility Name Laughlin Wash Station WWTF County Wayne Fee Category Minor Fee Amount $0 Is this a complete application?* Yes No Signature Authority Signature Authority Title Signature Authority Email Document Type (if non -application) Email Notifications Does this need review by the hydrogeologist?* Yes No Regional Office CO Reviewer Admin Reviewer Complete App Date 01/11/2022 nathaniel.thornburg@ncdenr.gov Below list any additional email address that need notification about a new project. Email Address Comments to be added to email notfication Comments for Admin Comments for RO Comments for Reviewer Comments for Applicant Submittal Form Project Contact Information Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence. .......................................................................... Name* Glenn Dunn Email Address* gdunn@poynerspruill.com Project Information Application/Document Type * New (Fee Required) Modification - Major (Fee Required) Renewal with Major Modification (Fee Required) Annual Report Additional Information Other Phone Number* 919-783-2842 Modification - Minor Renewal GW-59, NDMR, NDMLR, NDAR-1, NDAR-2 Residual Annual Report Change of Ownership We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form. https://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Permit Type: * Wastewater Irrigation Other Wastewater Closed -Loop Recycle Single -Family Residence Wastewater Irrigation Permit Number:* WQ0007521 Has Current Existing permit number Applicant/Permittee * Laughlin Wash Station, LLC Applicant/Permittee Address* 212 Rifle Range Road Facility Name* Laughlin Wash Station WWTF Please provide comments/notes on your current submittal below. See attached letter of explanation from Glenn Dunn. High -Rate Infiltration Reclaimed Water Residuals Other At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg at nathaniel.thornburg@ncdenr.gov. Please attach all information required or requested for this submittal to be reviewed here. * (Application Form, Engineering Plans, Specifications, Calculations, Etc.) 07521 Wastewater.pdf 4.62MB Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger than upload limit. By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has been received by the Non - Discharge Branch. Application fees must be submitted by check or money order and made payable to the North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts of the application in correct order (as specified by the application). Mail payment to: NCDEQ — Division of Water Resources Attn: Non -Discharge Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Signature 7'�ahr� eYJIG>riV Submission Date 1/11/2022 December 8, 2021 N.C. Department of Environmental Quality Division of Water Resources Water Quality Permitting Section Non -discharge Permitting Unit Hand delivered to: Non -Discharge Branch -Archdale 942W 512 N. Salisbury St. Raleigh, NC 27604 Attention: Nathaniel Thornburg Poyner Spruill' H. Glenn Dunn Partner D: 919.783.2842 F: 919.783.1075 gdunn@poynerspruill.com RE: Non -Discharge Permit Ownership/Name Change for Permit No. WQ0033764 and Permit No.WQ0007521 Dear Mr. Thornburg: With this letter I am submitting two applications and copies of supporting documents listed below in support of two applications for Non -Discharge Permit Ownership/Name Changes. A. Ownership/Name Change for Permit No. WQ0033764 1. Non -Discharge Permit Ownership/Name Change Form: NDPONC 06-16 for existing permittee Maxwell Foods, LLC and Applicant Laughlin Wash Station, LLC and accompanying certifications by existing permittee and applicant dated 11/29/21. 2. Assignment of permit from Maxwell Foods, LLC to Laughlin Wash Station, LLC dated 17th day of November, 2021 to which is attached Permit No. W00033764. 3. Memorandum of Lease and Lease for the property allowing the activities subject to Permit No. WQ0033764, recorded in Book 2784, Page 870, in the Office of the Register of Deeds of Wayne County. 4. Assignment of the above referenced Lease from Maxwell Foods, LLC to Laughlin Wash Station, LLC, recorded in Book 3684, Page 131, in the Office of the Register of Deeds of Wayne County. B. Ownership/Name Change for Permit No. WQ0007521 1. Non -Discharge Permit Ownership/Name Change Form: NDPONC 06-16 for existing permittee Maxwell Foods, LLC and Applicant Laughlin Wash Station, LLC and accompanying certifications by existing permittee and applicant dated 11/29/21. 2. Assignment of permit from Maxwell Foods, LLC to Laughlin Wash Station, LLC dated 17th day of November, 2021 to which is attached Permit No. WQ0007521. WWW.POYNERSPRUILL.COM RALEIGH / CHARLOTTE / ROCKY MOUNT / SOUTHERN PINES 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 P.O. Box 1801. Raleigh. NC 27602-1801 P: 919.783.6400 Poynr Spruill"P Non -Discharge Branch -Archdale 942W December 8, 2021 Page 2 3. Deed from Maxwell Foods, LLC to Laughlin Wash Station, LLC for the property subject to Permit No. WQ0007521, recorded in Book 5684, Page 128, in the Office of the Register of Deeds of Wayne County. trust these two applications and supporting documents suffice for the Ownership/Name Changes requested. If you have questions or need further information, please don't hesitate to contact me. Sincerely, H. Glenn Dunn Partner HGD:kks Enclosures DWR Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE 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. Qt 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 .0106(b). ® The Applicant'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 .0106(b). B. Existing Permit (All Applications): 101 Submit a copy of the most recently issued permit. 1'eD7 '2 C. Property Ownership Documentation (All Applications): ➢ Per 15A NCAC 02T .0504(f), 15A NCAC 02T .0604(e), 15A NCAC 02T .0704(f), 15A NCAC 02T .0804, 15A NCAC 02T .1004(d), 15A NCAC 02T .1104(d)(7), 15A NCAC 02T .1104(e)(5), 15A NCAC 02U .0201(e) or 15A NCAC 02U .0202(f), 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 02T .0115(a)(1), 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/Property Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T .0115(b), submit an original of the properly executed Operational Agreement (FORM: DEV). F. Operation and Maintenance Agreement (All Applications for Single -Family Wastewater Irrigation Systems): ❑ Per 15A NCAC 02T .0604(h), 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 By 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 DWR Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE FORM: NDPONC 06-16 I. EXISTING PERMITTEE INFORMATION: 1. Permittee's name: Maxwell Foods, LLC. 2. Signature authority's name: Jim H. Lynch 3. Permittee's mailing address: p.0. Box 10009 per 15A NCAC 02T .0106(b) Title: Environmental Mgr. City: Goldsboro State: NC Zip: 27532 4. Permittee's contact information: Phone number: (919 ) 778 -3130 Email Address: jitn.lynch@goldsboromilling.com 5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Permittee 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 ElNo b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or 0 No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or Q No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or 0 No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or 0 No II. FACILITY INFORMATION: 1. Facility name: Laughlin Wash Station 2. Facility's physical address: 151 Best Sand & Gravel Rd. City: Goldsboro IH. PERMIT INFORMATION: State: NC Zip: 27534 - County: Wayne 1. Existing permit number: WQ0007521 and most recent issuance date: 2/1/2018 2. Existing permit type: 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: Laughlin Wash Station, LLC. 0 2. Signature authority's name: James J. Laughlin per 15A NCAC 02T .0106(b) Title: Manager 3. Applicant's mailing address: 212 Rifle Range Rd. City: Goldsboro State: NC Zip: 27 534 - 4. Applicant's contact information: Phone number: (919 )778 -6566 Email Address: jimlaughlinaJaughlinpoultry.com 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 0 No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or El 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 0 No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or 0 No FORM: NDPONC 06-16 Page 1 of 2 Existing Permittee's Certification per 15A NCAC 02T .0106(b): I, Jim H. Lynch (Signature Authority's name & title from Application Item I.2.) Laughlin Wash Station attest that this application for (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 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 supporting information and attachments are not included, this application package will be returned as incomplete. I further certify that the existing Permittee 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 .0105(e). 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 Signature: exceed $10,000 as w as civil enalties up to $25,000 per violation. Date: I I 7 1 ,�2- Applicant's Certification per 15A NCAC 02T .0106(b): I, James J. Laughlin (Signature Authority's name & title from Application Item IV.2.) Laughlin Wash Station attest that this application for (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 retumed 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 .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or ce ification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as we civil penglties,p to $25,000 per violation. Signature: Date: 1( 21 FORM: NDPONC 06-16 Page 2 of 2 THIS ASSIGNMENT OF PERMIT ("Assignment"), entered into as of the 17th day of November, 2021, by MAXWELL FOODS, LLC ("Assignor"), with a mailing address of Post Office Box 10009, Goldsboro, NC 27532- 0009, and to and in favor of LAUGHLIN WASH STATION, LLC ("Assignee"), with a mailing address of 212 Rifle Range Road, Goldsboro, NC 27534). Permit. A. Assignor is the permittee and holder of rights and benefits in the permit identified hereinbelow as B. Assignor has agreed to assign all of Assignor's right, title and interest in the Permit to the Assignee. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor assigns to Assignee, its successors and assigns, all of Assignor's right, title and interest in and to the following property and property rights associated with the Permit (No. WQ0007521) attached hereto as Schedule A, together with all existing and future rights, benefits and privileges now or in the future associated therewith or arising therefrom. In connection with Assignor's assignment of the Permit to Assignee, Assignor represents, warrants and covenants to, with and for Assignee as follows: 1. Where the Permit so requires, Assignor will exercise all reasonable efforts to deliver to Assignee, in form satisfactory to Assignee, the written consent to this Assignment from the appropriate governmental authority, provided that failure to deliver such approval will not render this assignment void or ineffective. 2. Assignor has not executed any prior assignment or pledge of the Permit and the Permit is in full force and effect and has not been amended or modified in any way. 3. This Assignment and any action or actions on the part of Assignee will not constitute an assumption by Assignee of any of the obligations of Assignor under the Permit that exists prior to and through the date of this Assignment and Assignor will continue to be liable for all such obligations. In furtherance of the foregoing and not in limitation thereof, Assignor will protect, defend and indemnify Assignee from and against any and all claims, damages losses, costs, liabilities and expenses, including but not limited to attorneys' fees and expenses, incurred by Assignee from or as a result of any failure of or default by Assignor to have performed or observed, at the time and in the manner therein provided, each of the aforementioned obligations relating to the Permit. 4. This Assignment and the agreements and undertaking of Assignor hereunder will be binding upon Assignor and Assignor's successors and assigns and will inure to the benefit of Assignee and Assignee's successors, nominees, assignees and purchasers. 5. Assignor will make, execute and deliver all such further or additional agreements, documents and other undertakings as may be necessary to satisfy the intents and purposes hereof and Assignor will facilitate in all reasonable ways Assignee's exercise of its rights under this Assignment. The undersigned has executed this Assignment as of the day and year first above stated. MAXWELL FOODS, LLC ASSIG�1O � Witness: By L Pr"ame: Ttle: Water Resources LNVInONMENTAL OVALIIY December 8, 2017 JIM H. LYNCH - ENVIRONMENTAL MANAGER MAXWELL FOODS, LLC POST OFFICE BOX 10009 GOLDSBORO, NORTH CAROLINA 27532 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER haulm Director Subject: Permit No. WQ0007521 Maxwell Foods Truckwash Station WWTF Wastewater Irrigation System Wayne County Dear Mr. Lynch: In accordance with your permit renewal request received September 11, 2017, we are forwarding herewith Permit No. WQ0007521 dated December 8, 2017, to Maxwell Foods, LLC for the continued\ operation of the subject wastewater treatment and irrigation facilities. Please note that this renewed permit shall become effective on February 1, 2018 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from February 1, 2018 until January 31, 2023, shall void Permit No. WQ0007521 issued February 23, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated February 23, 2009: ➢ Old Condition 1I1.8. - Application rates are stated in Attachrneiit B and are a condition of this permit. ➢ Old Condition III.9. - Plant available Nitrogen (PAN) is addressed in now Condition IV.7. > Old Condition II1.18. - pH shall be regulated in accordance with new condition III.15. > Old Condition 111.20. - OSHA standards shall be met, but are not a condition of this permit. ➢ Old Condition IV.7.c. - Date and calibration of flow measurement device is not required for this system. ➢ Old Condition IV.9. - No new monitoring wells are being installed at this time. lblotlal,7y Compares`;',-, State or North Carolina I Environmental Quality 1 Witter Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.807•6332 Mr. Jim a Lynch December 8, 2017 Page 2 of 2 Please note the following permit conditions are new since the last permit issuance dated February 23, 2009: ➢ Condition II.4. — Requires the effluent quality to comply with the standards listed in Attachment A. ➢ Condition II.10. -- Requires the Permittee to ensure any landowner who is not the Permittee and owns land within the compliance boundary to execute and file with the Wayne County Register of Deeds an easement running with the land. ➢ Condition III.16. — Requires results of The North Carolina Department of Agriculture, Agronomic Division's Waste Analysis Report to be used hi the monitoring and the proper management of the cover crops of the permitted application sites. ➢ Condition I11.17 — Incorporates the Waste Utilization Plan (WUP) into this permit. ➢ Condition VI..B. — Allows this permit to be subject to revocation or unilateral modification upon 60 days notice from the Division Director. ➢ Condition VI.9. — Denys the expansion of the permitted facilities if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). If any parts, requirements or limitations contained in this permit are unacceptable, the Permitter has the right to request an adjudieatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Ashley Kabat at (919) 807-6348 or ashley.kabat@nedenr.gov. Sincerely, ?Linda Culpepper, Interim Director Division of Water Resources cc: Wayne County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTII 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 Maxwell Foods, LLC Wayne County FOR THE eontinued operation of a 7,000 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: an enclosed wash bay; an auto►Hated pre -wash system; a 526,000 gallon lagoon; a 781,000 gallon lagoon; a 185 horsepower (hp) diesel -engine irrigation pump; a 10.81 acre spray irrigation area; and all associated pipes, valves, controls, and appurtenances to serve Maxwell Foods Truckwash Station WWTF, with no discharge of wastes to surface waters, pursuant to the application received September 11, 2017, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Depart►nont of Environ►nental Quality and considered a part of this permit. This permit shall be effective from February 1, 2018 until January 31, 2023, shall void Permit No. WQ0007521 issued March 6, 2009, and shall be subject to the following specified conditions and limitations: I. 'SCHEDULES 1. 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 1 SA NCAC 02T .0105(d) requires an updated site map to be submitted with the pe►mit renewal application. [1SA NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T ,0115(c)] WQ0007521 Version 4.0 Shell Version 171103 Page 1 of 8 H. PERFORMANCE STANDARDS 1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards, In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take imtnediato corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities, [G.S, 143- 215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [ISA NCAC 02B .0200, 02L .0100] 3. All wells constructed for purposes Of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Welts 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, The flow limit shall be based on a 12-month floating total. [15A NCAC 02T .0108(b)(1), 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)] 6. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to ISA NCAC t12L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-21 5.GA through 143-2 5.GC. [15A NCAC 02L ,0106(d)(2), 02L ,0107(b)] 7. In accordance with ISA NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with ISA NCAC 02L .0106, [iSA NCAC 02L ,0106, 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 cotpliance boundary. [15A NCAC 02L ,0107(c)] 9. In accordance with 1 SA NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundaty except as provided for in 15A NCAC 02L ,0107(g). [15A NCAC 02L .0107] 10. Except as provided for in I. SA 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 Wayne 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(t)(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. [ISA NCAC 02L .0107(f)] WQ0007521 Version 4.0 Shell Version 171103 Page 2 of 8 11. The facilities permitted herein shall be constructed according to the following setbacks: a, The setbacks for irrigation sites permitted under 15A NCAC 021-1 .0200 shall be as follows (all distances in feet): i, Any habitable residence or place of public assembly under separate ownership: 4001 Li, Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 1502 v. Public right of way: 50 If any on -site trailer is under ownership separate from Maxwell Foods, LLC, the trailer shall be moved to comply with a buffer of 400 feet, 2. Per a setback waiver recorded in the Wayne County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: PIN Deed Book / Page Setback Easement 3516672032 1371 / 61.7 50 feet 100 feet [15A NCAC 021-I.0219(j)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02II .0200 shall he as follows (all distances in feet): i. Any well with exception of monitoring wells: 11, Any property line: [15A NCAC 021-I.02190)] 100 50 iii, OPERATION AND MAINTENANCE REQUIREMENTS 1, The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility, The Permitter; shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. (15A NCAC 02'l' .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certifier) operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02T ,0117] 3. A suitable year round vegetative cover shall be maintained at all tunes, 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 Attachtnent B. [15A NCAC 02T .0108(b)(1)] 5, Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff, [15A NCAC 02T .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T ,0108(b)(1)1 WQ0007521 Version 4.0 Shell Version 171103 Page 3 of 8 7. Only effluent from the Maxwell Foods Truckwash Station WWII? shall be irrigated on the sites listed in Attachment B. [G,S, 143-215,1] 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed, [ISA NCAC 02T .0108(b)(1)] 9, Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [1 SA NCAC 02T .0505(q)] 10, The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual ►management plan pursuant to 15A NCAC 02T .0508. [15A NCAC 02T .0508, 02T .1100] 11, Diversion or bypassing of untreated or partially treated wastewater from the treat►merit facilities is prohibited. [15A NCAC 02T .0505(j)] 12. Freeboard in the 526,000 gallon lagoon and the 781,000 gallon lagoon shall not be less than two feet at any time. [ISA NCAC 02T .0505(d)] 13, Gauges to monitor waste levels in the 526,000 gallon lagoon and the 781,000 gallon lagoon shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the Lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)] 14, A protective vegetative cover shall be established and ►maintained on all earthen embankments (i,e,, outside toe of embankment to maximum allowable te►nporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions, Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [ISA NCAC 02'l' .0108(b)(1)] 15, Soil pil on all irrigation fields must be maintained in the optimum range for crop production, [ISA NCAC 02T ,0108(b)(1)] 16, Results of The North Carolina Department of Agriculture, Agronomic Division's Waste Analysis Report: shall be used in the monitoring and the proper management of the cover crops of the permitted application sites, The analysis shall also be used as an indicator to prevent any damage to the soil's ability to absorb the subject wastewater or nutrients, [15A NCAC 02T .0108(b)(1)] 17, The attached 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 Washington Regional Office and Central Office but may not require permit modification, [ISA NCAC 02T .0108(b)(1)] 18. Only those cleaning agents and soaps that are I:PA approved, will not harm the cover crop, and will not contravene the groundwater standards listed hi ISA NCAC 02L may be utilized in the subject facility. Instruction labels are to be followed when using cleaning agents and soaps. [15A NCAC 02'r .0108(b)(1)] 19. 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. [15ANCAC 02T .0108(b)(1)] W0,0007521 Version 4.0 Shell Version 171103 Page 4 of 8 IV, MONITORING AND R.EPORfNG RICOUIREMRNTS 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 art acceptable sampling reporting schedule shall be followed, [1SA NCAC 02T .0108(c)] 2, A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily average flow values shall be reported on Form NDMR. Flow may be estimated from water use records, provided the Permittee's water use is metered. Daily average flow values shall be calculated by dividing the monthly metered water usage by the number of days in the month, [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permitted shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records traoking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d, Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. 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 526,000 gallon lagoon and the 781,000 gallon lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3, and IV.4.) 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, and 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)] WQ0007521 Version 4.0 Shell Version 171103 Page 5 of 8 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. Al a minimum, this record shall inelude: 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. [I5A NCAC 02T .0108(b)(1)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request, At a minimum, this log shall include: a. Date and results of power interruption testing on alternate power supply; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T ,0108(b)(1)1 10, Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandomnent forms and monitoring data shall refer to the permit number and the wQ1L p nenclature as provided in Attachment C and Figure 1. [ 15A NCAC 02'I' .0105(m)] 11. 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 02'I' .0105(m)] 12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall he conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent I•Iumio Matter Zinc Copper pH [ 1 SA NCAC 02T .0108(c)] WQ0007521 Version 4,0 Shell Version 171103 Page 6 of 8 13, Noncompliance Notification, The Permittee shall report by telephone to the Washington Regional Office, telephone number (252) 946-6481, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations, e. Ponding in or runoff from the irrigation sites, Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(I.)] V. INSPECTIONS I. The Pertittee 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 tnade, 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 leachato samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and litnitations 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 speoiftcations, and other supporting docutncntation, [15A NCAC 02T .01101 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 I5A NCAC 02,T .0105(n). [G,S. 143-21.5.1] WQ0007521 Version 4.0 Shell Version 171103 Page 7 of 8 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 NCG010000; any requirements pertaining to wetlands under 1 5A NCAC 02B .0200 and 02H .0500; and doctunentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes, [15A NCAC 02T .0105(e)(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. [1SA NCAC 02T .0105(j)] 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 .0110. [ 1 SA 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 ISA 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 811i day of December 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ?Linda Culpepper, Interim Director "-,(4€40:.4,e,e--e22 Division of Water Resources By Authority of the Environmental Manag 1 nt Commission Permit Number W00007521 WQ0007521 Version 4.0 Shell Version 171103 Page 8 of 8 ATTACBivjENT A — LIMITATIONS AND MONITORING REQUIREMLe.TS PPI001—WWTF Effluent Permit Number: W00007521 Version: 4.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Units of Measure Monthly Average 12 Month Floating Total Daily Minimum Daily Maximum Measurernent Frequency Sample Type 50050 Flow, in Conduit orthru Treatment Plant GPD 7,000 Monthly Estimate 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year 2 Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 3 x Year 2 Grab 00620 Nitrogen, Nitrate 'Total (as N) mg/L 3 x Year 2 Grab 00400 pH su 3 x Ycar2 Grab 00665 Phosphorus, Total (as P) mg/L 3 x Year 2 Grab North Carolina Department of Agriculture, Agronomic Division's Waste Analysis Report Various 3 x Year 2• r Grab 1. Animal truck wash facilities aro exempt from the No t•Dlschargc Effluent Monitoring Guidelines. 2. 3 x Year sampling shall be conducted in March, July and November. 3. North Carolina Department of Agriculture, Agronomic Division's Waste Analysis Report information can be found at: Lmpg/Avviw,acaglAcylogronondiuytwasiejttin. Only results for parameters specifically listed in this attachment need be reported on Form NDMR per condition IV.7. The monitoring results shall be used in the monitoring and proper management of the cover crops of the permitted application sites. The monitoring results shall also be used as an indicator to prevent any damage to the soil's ability to absorb the subject wastewater or nutrients. WQ0007521 Version 4.0 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACK ri1NT 13 - APPROVED LAND APPLICATION SITES AND Lih.aTATIC)NS Permit Number: WQ0007521 Version: 4,0 • Maxwell Foods, LLC — Maxwell Foods'Truckwasb Station WWTI' IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series parameter hourly Rate Yearly Max Units 1 Maxwell Foods, LLC Wayne 35.302943° -77940932° 4.19 01284 —Non-Discharge Application Rate 0.5 149 inches 2 Maxwell Foods, LLC Wayno 35.301317° -77.942252* 6.62 01284—Noa.Discharge Application state 0.5 149 inches Totals 10,81 WQ0007521 Version 4,0 Attachment B Page 1 of I THIS PAGE LLANK ATTACI3iv1ENT C — GROUNDWATER MONITORING AND LIMITATIONS • • 0 • Monitoring wells: MW-1, M:W-4, MW-6, and MW-7 Permit Number: WQ0007521 Version: 4.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maxintuin Frequency Measurement Sample Type Footnotes 00680 Carbon, Tot Organic (TOC) mg/L 3 x Year Grab I, 6 00940 Chloride (as CI) 250 mg/I, 3 x Year Grab 1 31616 Conform, Fecal MF, M-FC Broth, 44.5 °C #J100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/1, 3 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 su 3 x Year Grab 1, 2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab I 70300 Solids, Total Dissolved - 180 °C 500 mg/I, 3 x Year Grab 1 GWVOC Volatile Compounds (GC/MS) Present: Ye Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 3 x Year monitoring shall be conducted in March, July & November; Annual monitoring shall bo conducted every November. 2. The teasurement of water levels shall be made prior to purging the wells. The depth to water In each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be mado after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measmtng points (top of casing) of all monitoring wells shall be surveyed relative to a conmton datum. 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 pg/L or less b. Standard Method 6210D, PQL at 0.5 pg/L or less c. .CPA Method 8021, Low Concentration, POI, at 0.5 pg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 pg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used must meet the following qualifications: a. A laboratory must be DWR certified to run any method used. b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used must provide a POI, of 0.5 pgll, or less that must be supported by laboratory proficiency studies as required by DWR. Any constituents detected above the MDL but below the PQL of 0.5 pg/L must be qualified (estimated) and reported. 5. Ham volatile organic compounds (VOC) aro detected as a result of monitoring as provided In Attachment C, then the Washington Regional Office supervisor, telephone number (252) 946-6481, must be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. irroc concentrations greater than 10 mg/L aro detected In any downgntdient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured In the background monitor well exceeds 10 mg/L, this concentration will be taken to represent the naturally occurring TOC concentration. Any exeoedances of this naturally occurring TOC concentration in the downgmdient wells shall be subject to the additional sampling and analysis as described above. 7. Monitoring wells shall be repotted consistent with the nomenclature and location Information provided in Figure 1 and this attachment, WQ0007521 Version 4.0 Attachment C Page 1 of 1 Figure 1: Maxwell Foods Truckwash Station WQ0007521 Legend 4r.» Field 1 .8> Field 2 O GW Well r Maxwell Foods, LLC 0' Monitoring Well o Potable Well # Thomas Gordon Best Property n w Ii u u N Y Doc ID 013240670003 Type CRP Recorded: 11/17/2021 at 02:58:49 PM Fee Amt: $596.00 Page 1 of 3 Revenue Tax: $570.00 WAYNE COUNTY, NC CONSTANCE B. CORAM REGISTER OF DEED 8K3684 PG128-130 SPACE ABOVE LINE RESERVED FOR RECORDING DATA Wayne County Tax PIN: 3516650915 STATE OF NORTH CAROLINA Revenue: $570.00 COUNTY OF WAYNE THIS DEED, is made and entered into this 9 t,-day of November, 2021, by and between Maxwell Foods, LLC, a North Carolina Limited Liability Company, whose address is P.O. Box 10009, Goldsboro NC 27532, hereinafter called Grantor, and Laughlin Wash Station, LLC, whose address is 212 Rifle Range Road, Goldsboro NC 27534, hereinafter called Grantee. WITNESSETH: That the Grantor, in consideration of Ten Dollars and other valuable consideration to it paid by the Grantee the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee, its successors and assigns, the parcel of land lying and being in New Hope Township, Wayne County, North Carolina, more particularly described as follows: Being all of that certain tract or parcel of land containing 69.62 acres, more or less, as shown on a map titled "Map of Recombination for Maxwell Foods, LLC, 'Wash Station Site"' prepared by Robert G. Fields, Professional Land Surveyor, dated May 12, 2017, which Prepared by: Henry C. Smith, Attorney WARREN, KERR, WALSTON, TAYLOR & SMITH, LLP The attorney preparing this instrument has made no record search or title examination as to the property herein described. has been duly recorded in Plat Cabinet 0, Slide 64-H of the Wayne County Registry. Being the identical tract conveyed from Maxwell Foods, LLC, to Maxwell Foods, LLC, by deed dated June 6, 2017 and recorded in Deed Book 3305, Page 221 of the Wayne County Registry. This property is conveyed together with a non-exclusive right to utilize certain easements or rights of way described in Deeds of Easement recorded in Book 1365, Page 128, and Book 1365, Page 131, of the Wayne County Registry, which right shall run with the land and inure to the benefit of the Grantee, its successors and assigns. It is, however, expressly understood and agreed that Maxwell Foods, LLC, shall retain rights, in favor of itself, its successors and assigns, in said easements for the benefit of tracts of land Maxwell Foods, LLC, is retaining on the north side of said easement. This property is further conveyed together with any and all rights of the Grantor in and to that certain easement from Thomas G. Best and Mary Kay Best, dated March 24, 2015, recorded in Book 3145, Page 500 of the Wayne County Registry. This conveyance is made subject to the following: (1) Easements in favor of public utilities adjoining the northernmost property border and such other utility easements which are visible or which may be disclosed by visible inspection of the property; (2) such rights, if any, as others may have in the easement through the southwest portion of the property as shown on Plat Cabinet`, Slide 231, in the office of the Register of Deeds of Wayne County; (3) additional restrictions and easements appearing in the chain of title, if any; (4) as additional consideration for this purchase, the Grantee agrees, for itself and its successors and assigns (as evidenced by the acceptance and recordation hereof), that the property shall be subject to the following use restriction for a period ending on a date sixty (60) years from the date of its recordation as follows: this property may not be used for the purpose of washing vehicles that have been in the porcine industry without the express written consent of Maxwell Foods, LLC, or its successors or assigns; and (5) 2021 Wayne County ad valorem taxes which are to be prorated between the parties hereto. This property IS NOT the primary residence of the Grantor. TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever. And the said Grantor, for itself and its successors, covenants with the Grantee, its successors and assigns, that it is seized of said premises in fee and has the right to convey the same in fee simple; that the same are free from encumbrances except as herein set forth; and that it will warrant and defend the said title to the same against the claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its company name by its duly authorized manager and has adopted as its seal the word "seal", by authority duly given, the day and year first above written. Maxwell Foods, LLC •( C_ ( --(SEAL) �fJ. cMxwe1T; III;1Iariager STATE OF NORTH CAROLINA COUNTY OF WAYNE I, 0 ar,-m y H H'ccre, , a Notary Public of Wayne County, North Carolina, certify that J. L. Maxwell, _II, personally came before me this day and acknowledged that he is Manager of Maxwell Foods, LLC, a North Carolina Limited Liability Company, and further acknowledged the due execution of the foregoing deed on behalf of Maxwell Foods, LLC. WITNESS my hand and official seal, this I' day of November, 2021. My commission expires: I a -)\o ,rvuvwt44F4� Notary Pu `Q00111116:$1,000 , .�TAR4 a4 2