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HomeMy WebLinkAboutWQ0009098_Application_20221018Initial Review Reviewer Thornburg, Nathaniel D Is this submittal an application? (Excluding additional information.)* Yes No Permit Number (IR) * WQ0009098 Applicant/Permittee Canopy Commercial Holdings, LLC Applicant/Permittee Address 5003 Yates Mill Pond Rd. Is the owner in BIMS? Yes NO Is the facility in BIMS? Yes No Owner Type Facility Name County Fee Category Minor Is this a complete application?* Yes No Signature Authority Signature Authority Title Signature Authority Email Document Type (if non -application) Email Notifications Organization Canopy Commercial Holdings WWTF Wake Does this need review by the hydrogeologist? * Yes NO Regional Office CO Reviewer Admin Reviewer Fee Amount $0 Complete App Date 10/18/2022 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* Christopher T Baley Email Address* chris@cstreeservices.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* 9199612538 Modification - Minor Renewal GW-59, NDMR, NDMLR, NDAR-1, N DAR-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. hftps://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Perm it Type:* Wastewater Irrigation High -Rate Infiltration Other Wastewater Reclaimed Water Closed -Loop Recycle Residuals Single -Family Residence Wastewater Other Irrigation Permit Number: * WQ0009098 Has Current Existing permit number Applicant/Permittee* Canopy Commercial Holdings, LLC Applicant/Permittee Address* 5003 Yates Mill Pond Rd. Facility Name* Canopy Commercial Holdings WWTF Please provide comments/notes on your current submittal below. 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.) 221009 Change of Ownership.pdf 6.82MB 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 Submission Date 10/18/2022 State, of North Carolina 1'111�: /ter l-tMellt of EnAromnmeal Quality Dhlision of Water Resoumes CHANGE Dhision of Water Resources INSTRUCTIONS FOR FORM: NDPONC of- 15 & SUPP0,11.11ING DOCUME'NTATION This forra is for ownership chariges or name changes of a non -discharge sy!jerri permit. r•e,fererrces the existirrop permit lrarlder•, surd tlra�rt "Alrlrlicarrt"' r°eferences the error rulr a.a:ply�ing fair tlre earnvnersll�ip/rranre r:harnge. i"Or more i11119".1nation, ';isi" hie [Vater Quality PermittingSeclion s Al,i.­ 1Y,ch,,,jqe Penini'lling- Unh' 1J)k.,,...h s.i te A. Non -Discharge Pernift OwnershilJ * '4,'ane Change (FORM: NDPONC 06-16� 1,liplication (AJ]Applications): Ej Submit an original cz)mplete,.l and appropriately executed Non -Discharge P(-,) Change (FORM: NDPO,NC 06-16) application. El The 1axisting llerriliaec's Cenifica'ion shall be signed in accordance with 15A NCAC 02 r1j, .0106(b . Per 15A NCAC 02T 11 Ik, an alternate pc°rson wmv, be designated as the signing official if'�r �lektga.tion lener is provided from a person who meets the criterisi'in.15.)4.-N (',&C The Appheant's Ceriifi,;adon shd I be sigjwd in accordance with 5A NCAC 021'.0 106(b), Per l5A NCAC 02T,..,f)L(to�f_q), an alternate person may be clesigmatod as the: signing official if a delegation is, provided from a person who meets the criteria in J 5-A ill CA _02i,Q 1m060)), B. ExistingPermit (All jkj.pji0atjo'I­'3): " Ef Submit E,�opy ofilic most roa,wifly issued permit, C. Property Ownership Do,vurji en la tion (All Applications): • Per 15A NCAC 02T,0504 F), 15A NCACO2'1 0704 f 15A NCAC012'r.01804, .15A NCAC'021' ­­ ---- ­. - - ­­­ ...� ­­1 _L .......... . . ..... 11 (b, 15,A N( A A_ )ALLK�5 ') n L0 4 L C 02T.jj 04jdK7), 1 15A NCAC 02U 020 1, ), or.1 5 A NCAC 02U the Applicant shall deirtornst-we they are the owner of all property containir.%1 thi'., non-discEargc systam tacilities: Legat docunioni:ation, ofowiw�rship (i.e., GIS', deed or article of incorperlltlua),, or [] Written notarized hizent to 1,rm9aase agreement signed by both parties ,J:h alat ar surve reap, or [D Writt-ri riot.arized I asr. aLH`�C Tent that specifically indical:es the intend 1:1, u!; of the properly and liars been signed by both parties, as voell as a plat or si"Irvcy mar). Lease agreements shall adhere. ;.o thz, r--juirernent, of 15A NC AC 021, 0107. - ... . .. . ....... —.-- D, Certificate of Public Converlieiice 4ind Necessity (All Applications where the-A,ppflx,ant is a Privately -Owned Public Utility): D Per 15A NCA('..02'rj , ....0 _15 a 1), provide one copy of the Certificate of Conveiiicaice and 'Necessity from tile North ............ Carolina Utilities Conimissk)li d�rnonstrating the Applicant is authorized tc, li.A-i than utility -franchise forthe areay.o be served by the non -discharge systt'uTr. E. Operatiwial Agreerriews, (41,11 Applica:ions, where the Applicant is a Horne/Pr,,i:, '-'c Cwners'.Assoc iation or Developer of lots to be sold): LLo m,,-_/ Irgj)eqy 0%viwrs^ Asscxjagions r7l, Per 15A NCAC 02T.W-15 ", submit an original properly executed 0 crational Agreement (FORN4: HOA).. M Per 15A NCAC 02T .0 1,l5(c,), wbrnit an original proposed or approvi�,j Art cles of Incosporation, Declarations and By- laws. i�f 1ct15_tci be soic, M Per 15A —NC'A'I 021' .01 15(b,0 submit an original of the p,operlyexecw-Id Q-p,crataon<al _Zl2!�LE V). F. Operation and (All Applications for Single -Family Irrigation Systems): El Per 15A NCIA(.' 021 1 .06)04(h , subinit aii original of a notarized C. oration and Maintenance Agreement (FORM� SFRWWIS .. ......... _2 Mthat has been sined nd d by all deeded property owners. c Lv�e THE COMPLETED AVI'Ll 1'_,AF]ON AN D SU ?PORTING DOCUMEN]° 0'; CYS" SIL1,11, 111" S U&NAITTED TO; NOR' I'll -I CA110"IANA DEPARTMENT OF ENVIR01, I I LATAL QUAL ITY DIVISION OF WATER RESOUR.(' LS VVATER QUALITY PERMITTING S l'i-11 C ,N NON -DISCHARGE PERMITTING d ..'QT Post'Ll Service: By Courier/Special Xcin-DkcharL1,,- 131-ard, Non -Discharge Branch '�147 31, gnarl - D c a 1617 Mail Servic.Celt'N _512NY .Salisbur St. . .... .. . ... is.-n"e— Raleigh, NC "7699-1617 Raleigh, NC 27604 Telcphone Number: (919) 'k"� -_�' 6 -t iNsTRUCTIONTS.FOR B_JRM: 6 & SUPPORTING DOCIRVIE'VFA 'iC',1 Page I of I 14,ate of North Carolina DWRJl!�:Iarftnelit 01,11 wdroninentitl Quality Divb4cm of "WaterIte-sources Division of Water Resources NON-DISCIIAR('.'E I, ERRnr ()WKERS11 IP/NAME CHANGE FORM: NDPONC 06-16 I. EXISTI-,N'GPERNII'F'f'.FE]7114!Fl--)Rftl/LTION: 1. Permittea's narne: Jjrrje�; F,irriik Limited Partnership 2. Sigflatui°eauthority`s name : Ecodhf-,-M-cMillan . .. ....... .... . . ..... .. ....... .. . ........ . )A NCACO2T.,.01.06b) rjti,2� per I )wnt, . . ........ 3. Permitice's mailing addrj.%,;s: lates Ndill Pend Rd City: State: _N_C_ Zip: 27606 4, Pert-nittee's contact inforniatio i: Phone number: r: ( 1r1 ) 332 - —A,i "Adress: 5. Demonstration of historical :.,,cnsidaration for permit approval — 15 A NCAC'02 j, .0 120: Has the Permittee or any parent, subsidiary or other affiliate exhibited the a. Has been con victed of environniental crimes under Federal law or G.S. 143-215D .6B?,'�­— Yes or El No L Haspreviously abandoned as wastewatertreatment facility without prcl-t H', i:dosingthal fitcility? El Yesor No c. Has unpaid civil pcnafty all appeals have been abandoned or exl cjsr.A? [:] Yes or E�j No el. Is non -compliant with an -xistrng non -discharge permit, settlement apj-crmrl or ardex? 0 Yes or F/1N() e. Has unpaid annual fires in ac:�crdance with 15A NCAC 02T,10 105(e)Q Yes or IL FACILITY INFORMATKI'�Nz. 1. Facility 11,lme: 2, Facility's physical address: 111 M Q5jjjQsLLjome Rd City-, -Nh!LJ3i1L— State: __NC_ Zip: 275.62-- County: �iVakr 111. PEWMITINFORIVIATJON: 1, Existing permit number: VVQ00t;YILQ21and most recent issuance date: ) ':" I 1'� 2. Existing permit type: Viastnvatcr Irrigation 3. Reason for the perrnit appdcatiori: Change of Ownership 4. Has the facility beer., COrISITU,cted? D,/YesorF-lNo OV. APPLICtfiNT INFO RNL-k'!i'IXON � 1. Applicant'snarne: 2. Signaturcauthority's narne: -T --aaky ------per-15AN`CA(1'02T.0lN(b) Title- 3. Applicant's mailing address-L6-1.2 yeqq Hill Ct City: S tate: —N-C— Zip: �°D2- 4. Applicant's contact jnfo.,.,rnaJor!: Phone number: ( 91 2J-M Lx,a;'! kddress: 5. Demonstration ofhistorical -onsideration for permit approval -- 15A NCACI 02T .0120� Has the Applicant or any parent, r,,ubsidiaqi or other affiliate exhibited the 1 l Bcr sr ing? a. Has been corrvic'ed of cnviron-nental crimes under Federal law or G.S. 143-215613? ly'rs or No b. Has previously abaridoned awastevialertreatment facility without prat iI:j, (Iosing that fixifity? E] Y,.-s or No c. Has unpaid civil penalty wac.ro all appeals have been abandoned or [:] Yes or F] No d. Is non -compliant wiffi an exi!�ting non -discharge permit, settlement agi-�u-n(rt or order? E.1 Yes or Q No e. Has unpaid annual fees in ac,,,crdance with 15A 1�WAQ 021- 191 05-(e)(' N'C-'S or I`c, FORM: NDPONC 06-16 Page 1 of 2 Existing Permittee's Certification tier 15A NCAC 02T .0106(b): 1, Edythe McMillan, Owner attest that this application for (S:gwiture Authority`s name & title froin App'i.,oion 11e-sn 1.1) James Rest Home M1WTF (Facility name from Application Item iI .) has been reviewed by me and is accu° are :and complete to the best of my knowledge. I understand tliaa prior to NiSSLiance of the permit into the Applicant's name, any dischargcif' wastewater from this non -discharge sy.;t.�;m to surface; wat(zrs or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or crimina rrrT°seculion. I ,vill rrutko no claim against the Division of Water Resources should :a c3ndition of the existing permit be violated. I atzo understand thar if all required parts of this application package are not corn " plete,-,i and that if all required supporting informatior. arid are riot included., this application package will be returned as incornp,ete, I further certify that the existing Pen-ni:l­..-. car any affiliate: has not been convicted of an environmental crime, has riot abarictoried a wastewater facility without proper closur,,.., J&ws not hav�., Ell DUtStanding civil penalty where all appeals have been exhausted cr abandoiwd, are compliant with any active complia-,ce, s;chedulc, and dJo no-t have any overdue annual fees per 15A NCAC 02T .Q1,0,5.(e . NOTE — In accordance with Gerien, i St;-,,maes 143-2 15.6A and 143-215.6B, any r:r'cn, who knovdn;:,jy makes any false statement, representation, or ccrtific;-.iticon in m), app] cation package shall be guilty of a Clas,,; ni ' (k-rrieanor, v0ik-Ji kinay inClUde v. fine not to exceed $10,000 as il pinialtics up to $25,000 per violation, Signature:111 Applicant's Certification per 15A NCAC 02T.010taUb ; 1, Christopher `I'. j-3aicy, President —attest that this application for (Signawre Authority's narric & title from Appl ic�l 1con I tcin fV2j James Rest Home 'A' WTF (Facility name from Application Item 'I. 1.) has been reviewed by nic and is accurate imd complete to the best of my knowlc&_% I tticicritand that Acr reissuance of the permit into the Applicant's name, any dischir,ae cif wastewater from this non -discharge sysl:::rn to sorfacca waters or the land will result in an enforcement action that rimy include civil penalties, injunctive relief, and/or crimirTi [)!C,S:;U-Utior. I ­ivill ma3ke no:) claim against the Division of Water Resources should a condition of this permit be violated. I also und,--, rsll:,nd -6hat if all roquired, parts of' this application package are not completed and that ifall required supporting inforniation and aw-climcnis ixtt not included, this application package will be returned to me as incz)niplete. I ftinher certify that the Applicant or any afl'Valc ias riot b.-wi :iorivicttd ofan environmental crime, has riot abandoned a. wastcwoiatcr facility without proper closure, (toes not hav,: ;jjrj C�'. JStajjdjng,_-ivi l pfMalty where all appeals have been exhausted or abandoned, ar,,- corriplh,nt with any active compliance schedule, .xd ,,�o not have any overdue annual fiees per 15A NCAC 02 L.01,05Lej,. NOTE — In accordance with Geneml Sta,,autes 14,3-215.6A and 143-2.15.6B, any jxtsci­, vvho knowingly makes any false statement, representation, or certific,6on in wnappli.cation package shall be guilty of a CW.s r ni ,-dernearior, vvhj..:h may include a fine not to exceed $10,000 as weil as civil periaLies up to $25,000 per violation. Signature: FORM: NDPONC 06-16 Page 2 of 2 WaterResources ENVIRONMENI M, QUAL,11TY June 12, 201.7 EDYTHE DAMES-MCMILLAN — OWNER JAMEs FAMILY LIMITED PARTNERSHIP 8420 JAMEs REs'r How, ROAD NEW HILL, NORTH CAROLINA 27562 Dear Ms. James -McMillan: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Permit No, WQ0009098 James Rest Home WWTF Wastewater Irrigation System Wake County In accordance with your permit renewal request received January 10, 2017, and subsequent additional information received June 1, 2017, we are forwarding herewith Permit No. WQ0009098 dated June 12, 2017, to the James Family Limited Partnership for the continued operation of the subject wastewater treatment and irrigation facilities. Please note the Perinittee has been changed from Ms. Reather B, James/James Rest Home to James Family Limited Partnership. This pen -nit shall be effective from the date of issuance until May 3,1, 2022, shall void Permit No. WQ0009098 issued February 16, 2005, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in 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. Please note the following permit conditions have been removed since the last permit issuance dated February 16, 2005: r Old Condition 1. 1, — Condition met. ); Old Condition 1.2. — Condition met. � Old Condition 11.14, —This condition has been removed, Old Condition rv. i. — This condition has been removed because there are no groundwater monitoring wells associated with this facility, �- Old Condition IV.2. — This condition has been removed. - ­­�"'N oth, i ng Corny are % "." State of North Carolina I Environmental Quality I Water ResoUTCCS I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center � Raleigb, North Carolina 27699-1617 919-807-6332 BKO19062PGO1722 WAKE COUNTY, NC TAMMY L. BRUNNER REGISTER OF DEEDS PRESENTED & RECORDED ON 06-17-2022 AT 16:11:19 STATE OF NC REAL ESTATE EXCISE TAX: $2,070.00 BOOK: 019062 PAGE: 01722 - 01730 NORTH CAROLINA GENERAL WARRANTY DEED O oa Excise Tax: $ 7 • PIN: (1) 0113277; (2) 0035079; (3) 0035095; (4) 0112757; (5) 0113275; (6) 0113276 Mail To. Grantee This instrument was prepared by: Robert A. Brady Attorney at Law, 160 Iowa Lane, Suite 104, Cary, North Carolina 27511 (Without Title Examination) Title Insurance will be with Investors Title Insurance Company Brief description for the Index: 6 Tracts THIS DEED, made this day of June, 2022, by and between GRANTOR James Family Limited Partnership 5003 Yates Mill Pond Road Raleigh, NC 27606 GRANTEE CANOPY COMMERCIAL HOLDINGS, LLC 1612 Burgess Hill Court Apex, NC 27539 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land more particularly described as follows: Submitted electronically by The Peck Law Firm, P.A. in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Wake County Register of Deeds. BKO19062PGO1723 Lying and being in the Wake County, North Carolina, and being more particularly described as follows: SEE ATTACHED EXHIBIT "A" The property hereinabove described was acquired by Grantor by instrument recorded in Book 016801, Page 00906; Book 016790, Page 01041; Book 0 1105 7, Page 01691 Wake County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Easements, set -backs, restrictions and other matters shown on plats of survey Wake County Registry. 2. Utility Easements of Record. 3. Ad Valorem Taxes for 2022 and subsequent years. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. James Family Limited Partnership (SEAL) By: Beatric J. Brown, General Partner for James Family Limited Partnership State of North Carolina County of I, 0AV1(%iQ R, SkOVAUrl , a Notary Public of YVLV .0 County, North Carolina, certify that Beatrice J. Brown, General Partner for James Family Limited Partnership, personally appeared before me this day and acknowledged to me that she is the General Partner for James Family Limited Partnership, and that by authority duly given and as the act of such entity, she voluntarily signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal this day of June, 2022. My commission expires: C2410 2Ae O_Ljw�"' Notary Public Carrie H. Stephenson Notary Pub3ile, North Carolina Harnett County My Commission Expires December 1 a, 2026 BKO19062PGO1724 EXHIBIT A LEGAL DESCRIPTION TRACT 1: BEING ALL OF THE PROPERTY LOCATED AT 3708 New Hill Holleman Road, New Hill, North Carolina 27562, and having a Wake County Tax Department REID # 0113277 and PIN # 0629 03 5857 and further described as follows: BEGINNING at a stake located in the westerly property line for Willa Lashley Keith, it having N.C. coordinates Y=693,867.367 and X=2,020492.392; and runs thence with Carolina Power and Light Company's line South 46 degrees 53 minutes 04 seconds West 83.27 feet and South 16 degrees 26 minutes 09 seconds East 175.20 feet to a stake in Keith's west property line; thence with said Keith's line North 02 degrees 51 minutes 45 seconds East 225.14 feet to the BEGINNING, containing 0.150 acres according to survey and plat of "Property of Leonie Morris" by Carolina Power & Light Company dated June, 1972. TRACT 2: BEING ALL OF THE PROPERTY LOCATED AT 8424 James Rest Home Road, New Hill, North Carolina 27562, and having a Wake County Tax Department REID # 0035079 and PIN # 0619 95 6580 and further described as follows: BEGINNING at a lightwood stake and pointers on the East side of a branch, said stake being Hezzie Morrison's Southeast corner, also being in Reather James' line and runs thence with said James' marked line and past her corner with Hazel Lee's line South 85 degrees East 953 feet to a cedar stake; thence another line with said Lee North 2 degrees 45 minutes East 400 feet to a cedar stake; thence a new marked line with Peggie Stewart Morrison North 85 degrees West 836 feet to a cedar stake and pointers on the East bank of said branch; thence down the various courses of said branch about 461 feet to the BEGINNING, containing 8.21 acres, more or less, according to a partial survey by E.C. Smith, R.L.S., January 19, 1971. TRACT 3: BEING ALL OF THE PROPERTY LOCATED AT 8420 James Rest Home Road, New Hill, North Carolina 27562, and having a Wake County Tax Department REID # 0035095 and PIN # 0619 95 6311 and further described as follows: BEGINNING at a cedar stake and pointers Jasper Morris corner about 20' East of Morris Branch and runs thence North 30 30' East 227' to a stake and pointers A.E. Stewart's corner in Jasper Morris line; thence with said Stewart's line South 85' East 1043' to a stake and pointers, said Stewart's corner and at edge of old road; thence with said road and said Stewart's line South 230 30' West 236' to a stake said Stewart's corner in said Morris line; thence with Morris line North 85° West 960' to the point of Beginning, containing 5.2 acres more or less. This land lies in the Southwest corner of Lot No. 1 of the division of the Narcuis Bright land and shows on plat made by R.I. Poole dated September, 1922, and recorded in Wake County Register of Deeds Office. BKO19062PGO1725 TRACT 4: BEING ALL OF THE PROPERTY LOCATED AT 3200 New Hill Holleman Road, New HIII, North Carolina 27562, and having a Wake County Tax Department REID # 0112757 and PIN # 0619 94 9910 and further described as follows: BEGINNING at a stake in Reather James' old south line and being a corner for Carolina Power and Light Company on its 260 foot contour, having N.C. Coordinates Y=695,118.567 and X=2,019,508.827; and runs thence with Carolina Power and Light Company's line South 39 degrees 48 minute 35 seconds East 50.07 feet, South 69 degrees 41 minutes 44 seconds East 167.09 feet, South 22 degrees 37 minutes 42 seconds West 115.07 feet, South 36 degrees 44 minutes 05 seconds East 304.98 feet, South 61 minutes 29 seconds East 114.38 feet, North 08 degrees 17 minutes 06 seconds East 193.88 feet, North 37 degrees 50 minutes 55 seconds East 216.26 feet, and North 13 degrees 00 minutes 05 seconds East 92.01 feet to a stake in the south line for Hazel Lee; thence with his line South 89 degrees 47 minutes 45 seconds East 262.80 feet to a stake, said James' old southeast corner; thence with her line South 88 degrees 13 minutes 46 seconds West 482.56 feet to the BEGINNING, containing 4.787 acres according to survey and play of plat of "Property of Leonie Morris" by Carolina Power & Light Company dated June,1972. TRACT 5: BEING ALL OF THE PROPERTY LOCATED AT 3208 New Hill Holleman Road, New Hill, North Carolina 27562, and having a Wake County Tax Department REID # 0113275 and PIN # 0629 04 4961 and further described as follows: BEGINNING at a stake marking the Willa Lashley Keith corner in Hazel Lee's south line and runs thence with said Lee South 89 degrees 47 minutes 45 seconds West 151.68 feet to a stake Carolina Power & Light Company's corner (260 foot contour); thence with Carolina Power and Light Company's line South 35 degrees 21 minutes 19 seconds West 27.60 feet, South 17 degrees 29 minutes 30 seconds West 139.91 feet, South 30 degrees 26 minutes 08 seconds West 144.50 feet, South 03 degrees 13 minutes 59 seconds East 131.38 feet and North 62 degrees 22 minutes 12 seconds East 295.42 feet to a stake in said Keith's west line; thence with her line North 02 degrees 51 minutes 45 seconds East 275.59 feet to the BEGINNING, containing 1.708 acres according to survey and plat of "Property of Leonie Morris" by Carolina Power & Light Company dated June, 1972. TRACT 6: BEING ALL OF THE PROPERTY LOCATED AT 3412 New Hill Holleman Road, New Hill, North Carolina 27562, and having a Wake County Tax Department REID # 0113276 and PIN # 0629 04 4470 and further described as follows: BEGINNING at a stake located in the westerly property line of Willa Lashley Keith, it having N.C. coordinates Y=694,693.177 and runs thence with Carolina Power and Light Company's line South 49 degrees 35 minutes 01 seconds West 234.11 feet, South 22 degrees 10 minutes 44 seconds West 114.87 feet, South 45 degrees 14 minutes 54 seconds West 130.19 feet, South 07 degrees 52 minutes 00 seconds East 150.14 feet, South 08 degrees 05 minutes 03 seconds West 105.66 feet, South 52 degrees 15 minutes 01 seconds East 117.78 feet, North 22 degrees 24 minutes 00 seconds East 112.80 feet, South 72 degrees 15 minutes 20 seconds East 126.00 feet and North 66 degrees 58 minutes 44 seconds East 24.18 feet to a stake in the said Keith line; thence with said Keith North 02 degrees 51 BKO19062PGO1726 minutes 45 seconds East 600.68 feet to the BEGINNING, containing 2.976 acres according to survey and plat of "Property of Leonie Morris" by Carolina Power & Light Company dated June, 1972. BK019062PG01727 CERTIFICATE OF INCUMBENCY Beatrice J. Brown, Edythe J. McMillan, Ruth J. McGee and Jackie J. Brown, certify that they are the Limited Partners of James Family Limited Partnership, a North Carolina limited liability partnership, (the "Company"), and hereby certify the following with respect to the Company: 1. Beatrice J. Brown is the duly appointed General Partner of the Company. 2. The Certificate of Domestic Limited Partnership filed with the North Carolina Secretary of State has been amended once, to name Beatrice J. Brown as General Partner following the death of Reather B. James, the original General Partner. 4. The Resolution attached hereto as Attachment A was duly and validly adopted and is in full force and effect as of the date hereof and authorizes the execution, delivery and performance of the transactions and documents contemplated thereby, including but not limited to the Company selling assets of the Company more particularly as shown on the attachment hereto as Attachment B to Canopy Commercial Holdings, LLC by Beatrice J. Brown, the General Partner of the Company. 5. The following officer is duly elected, qualified and acting officer of the Company holding the office set opposite his name, and the signature set forth opposite his name is genuine. IN WITNESS WHEREOF, we have set our hands on this, the /1kay of June, 2022. JAMES FAMILY LIMITED PARTNERSHIP By: Beatrice J. . own, Limited Partner and General Partner (SEAL) EdytK6 J. M illan, Limited Partner By: CilGc Ruth J. By; ackie J Limited Partner Limited Partner BKO19062PGO1728 ATTACHMENT A TO THE CERTIFICATE OF INCUMBENCY RESOLUTION OF LIMITED PARTNERS The undersigned, being the Limited Partners and the General Partner of James Family Limited Partnership, a North Carolina limited partnership, (the "Company"), after careful deliberation and consideration, take the following action and adopt the following resolutions by signing their written consent hereto. WHEREAS, the Company has agreed to sell certain of its assets to CANOPY COMMERCIAL HOLDINGS, LLC; and WHEREAS, the Limited Partners deem it advisable and in the best interest of the Company to sell the assets, as described above; NOW, THEREFORE, BE IT RESOLVED, that the Company, by its General Partner, Beatrice J. Brown, is authorized to take such actions as necessary to: 1. Cause the Company to sell and transfer certain assets of the Company more particularly as shown on Attachment B to CANOPY COMMERCIAL HOLDINGS, LLC. 2. Execute, deliver and perform any such the documents as may be required to effect these actions, and to update same, from time to time for the Company to complete and maintain such action. EXECUTED by the undersigned as the Limited Partners of James Family Limited Partnership, this, the Oday of June, 2022. JAMES FAMILY LIMITED PARTNERSHIP By: (SEAL) eatrice J. Brown, Limited Partner and General Partner By: �11 M/qJ*-A__,1 (SEAL) Iffd-yg,fe J. IMillan, Limited Partner By: Z&) , G� (SEAL) Ruth J. McGeeXimited Partner By. .� �n- (SEAL) ac e J. B wn, Limited Partner BKO19062PGO1729 ATTACHMENT B TO THE CERTIFICATE OF INCUMBENCY TRACT 1: Legal Description for 3708 New Hill Holleman Road, New Hill, North Carolina 27562 BEGINNING at a stake located in the westerly property line for Willa Lashley Keith, it having N.C. coordinates Y=693,867.367 and X=2,020492.392; and runs thence with Carolina Power and Light Company's line South 46 degrees 53 minutes 04 seconds West 83.27 feet and South 16 degrees 26 minutes 09 seconds East 175.20 feet to a stake in Keith's west property line; thence with said Keith's line North 02 degrees 51 minutes 45 seconds East 225.14 feet to the BEGINNING, containing 0.150 acres according to survey and plat of "Property of Leonie Morris" by Carolina Power & Light Company dated June, 1972. TRACT 2: Legal Description for 8424 James Rest Home Road, New Hill, North Carolina 27562 BEGINNING at a lightwood stake and pointers on the East side of a branch, said stake being Hezzie Morrison's Southeast corner, also being in Reather James' line and runs thence with said James' marked line and past her comer with Hazel Lee's line South 85 degrees East 953 feet to a cedar stake; thence another line with said Lee North 2 degrees 45 minutes East 400 feet to a cedar stake; thence a new marked line with Peggie Stewart Morrison North 85 degrees West 836 feet to a cedar stake and pointers on the East bank of said branch; thence down the various courses of said branch about 461 feet to the BEGINNING, containing 8.21 acres, more or less, according to a partial survey by E.C. Smith, R.L.S., January 19, 1971. TRACT 3: Legal Description for 8420 James Rest Home Road, New Hill, North Carolina 27562 BEGINNING at a cedar stake and pointers Jasper Morris corner about 20' East of Morris Branch and runs thence North 3° 30' East 227' to a stake and pointers A.E. Stewart's corner in Jasper Morris line; thence with said Stewart's line South 85' East 1043' to a stake and pointers, said Stewart's corner and at edge of old road; thence with said road and said Stewart's line South 23' 30' West 236' to a stake said Stewart's corner in said Morris line; thence with Morris line North 85' West 960' to the point of Beginning, containing 5.2 acres more or less. This land lies in the Southwest corner of Lot No. 1 of the division of the Narcuis Bright land and shows on plat made by R.I. Poole dated September, 1922, and recorded in Wake County Register of Deeds Office. TRACT 4: Legal Description for 3200 New Hill Holleman Road, New Hill, North Carolina 27562 BEGINNING at a stake in Reather James' old south line and being a corner for Carolina Power and Light Company on its 260 foot contour, having N.C. Coordinates Y=695,118.567 and X=2,019,508.827; and runs thence with Carolina Power and Light Company's line South 39 degrees 48 minute 35 seconds East 50.07 feet, South 69 degrees 41 minutes 44 seconds East 167.09 BKO19062PGO1730 feet, South 22 degrees 37 minutes 42 seconds West 115.07 feet, South 36 degrees 44 minutes 05 seconds East 304.98 feet, South 61 minutes 29 seconds East 114.38 feet, North 08 degrees 17 minutes 06 seconds East 193.88 feet, North 37 degrees 50 minutes 55 seconds East 216.26 feet, and North 13 degrees 00 minutes 05 seconds East 92.01 feet to a stake in the south line for Hazel Lee; thence with his line South 89 degrees 47 minutes 45 seconds East 262.80 feet to a stake, said James' old southeast corner; thence with her line South 88 degrees 13 minutes 46 seconds West 482.56 feet to the BEGINNING, containing 4.787 acres according to survey and play of plat of "Property of Leonie Morris" by Carolina Power & Light Company dated June, 1972. TRACT 5: Legal Description for 3208 New Hill Holleman Road, New Hill, North Carolina 27562 BEGINNING at a stake marking the Willa Lashley Keith corner in Hazel Lee's south line and runs thence with said Lee South 89 degrees 47 minutes 45 seconds West 151.68 feet to a stake Carolina Power & Light Company's corner (260 foot contour); thence with Carolina Power and Light Company's line South 35 degrees 21 minutes 19 seconds West 27.60 feet, South 17 degrees 29 minutes 30 seconds West 139.91 feet, South 30 degrees 26 minutes 08 seconds West 144.50 feet, South 03 degrees 13 minutes 59 seconds East 131.38 feet and North 62 degrees 22 minutes 12 seconds East 295.42 feet to a stake in said Keith's west line; thence with her line North 02 degrees 51 minutes 45 seconds East 275.59 feet to the BEGINNING, containing 1.708 acres according to survey and plat of "Property of Leonie Morris" by Carolina Power & Light Company dated June, 1972. TRACT 6: Legal Description for 3412 New Hill Holleman Road, New Hill, North Carolina 27562 BEGINNING at a stake located in the westerly property line of Willa Lashley Keith, it having N.C. coordinates Y=694,693.177 and runs thence with Carolina Power and Light Company's line South 49 degrees 35 minutes 01 seconds West 234.11 feet, South 22 degrees 10 minutes 44 seconds West 114.87 feet, South 45 degrees 14 minutes 54 seconds West 130.19 feet, South 07 degrees 52 minutes 00 seconds East 150.14 feet, South 08 degrees 05 minutes 03 seconds West 105.66 feet, South 52 degrees 15 minutes 01 seconds East 117.78 feet, North 22 degrees 24 minutes 00 seconds East 112.80 feet, South 72 degrees 15 minutes 20 seconds East 126.00 feet and North 66 degrees 58 minutes 44 seconds East 24.18 feet to a stake in the said Keith line; thence with said Keith North 02 degrees 51 minutes 45 seconds East 600.68 feet to the BEGINNING, containing 2.976 acres according to survey and plat of "Property of Leonie Morris" by Carolina Power & Light Company dated June, 1972. Ms. Edythe James -McMillian June 12, 2017 Page 2 of 3 Please note the following permit conditions are new since the last permit issuance dated February 16, 2005: Condition 11.7. — This condition requires that the Permittee apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. > Condition 11.8. — This condition states that no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L.0107(g). Condition 11.9. —This condition requires that the Pertnittee ensure any landowner who is not the Permittee and owns land within the compliance boundary execute and file with the Wake County Register of Deeds an easement running with the land. > Condition III. — This condition requires that all irrigation equipment shall be tested and calibrated at least once per permit cycle, Condition IV.. — This condition requires that a Division certified laboratory shall all laboratory analyses for the required effluent, groundwater or surface water parameters. > Condition IV.8. — This condition requires that the Permittee maintain a record of all residuals removed from the facility. Condition IV,9, — This condition requires that the Permittee keep a maintenance log at the facility. );P, Condition V1.7. — This condition requires that the Permittee maintain this permit until all pennitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. > Condition VI. 8. — This condition states that this permit is subject to revocation of unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 021'.0 110. > Condition VI.9. — This condition states that unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .01.20(b). >, Attachment .A — PPI 001 and PPI 002 have been combined under PPI 001. Monitoring for Total Chlorine Residual and Total Nitrogen has been added to the effluent monitoring requirements, Ms. Edythe James -McMillian June 1.2, 2017 Page 3 of 3 If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written. request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed. with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall, be final and binding, If you need additional information concerning this permit, please contact Alice M. Wessner at (919) 807-6425 or ali.ce.,wessner(ii),ncdenr,�ov. Sincerely, z>' <1 Jay Zimmerman, P.G., Director Division of Water Resources cc: Wake County Health Department (Electronic Copy) Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files / f:I / 4 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 Jame's Family Limited Partnershi Wake County i I go] ta I I continued operation of a 2,500 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a 1,500 gallon septic tank; a 1,350 gallon pump tank with high water alarms; a 3,925 gallon septic tank; a 1,600 gallon holding tank; a 1,500 gallon pump tank with high water alarms; dual 513 square foot (fie) sand filters in parallel; a tablet chlorinator; a 225,940 gallon storage lagoon; a 3.2 acre spray irrigation area with 42 spray nozzles; and all associated pipes, valves, controls, and. appurtenances, to serve the Jarnes Rest Home WWTF, with no discharge of wastes, to surface waters, pursuant to the application received January 10, 2017, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 2022, and shall void Permit No. WQ0009098 issued February 10, 2005, and shall be subject to the following specified conditions and limitations: 1. SCHEDULES 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 I SA NCAC 02T.0 I 05(d) requires an updated site map to be submitted with the permit renewal application. [I 5A NCAC 02T.0 105(d), 02T -0106, 02T .0 109, 021' .0115(c)] WQ0009098 Version 3.0 Shell Version 151201 Page I of 8 The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to, improper operation and maintenance, or failure of the irrigation areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or 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, [15ANCAC 0213.0200,02L.0100] 3. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)�] 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in AttachmentB. [15A NCAC 02T .0505(n)] 5. 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 exce,edance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215,6A through 143-215.6C. [15ANCAC 02L.0106(d)(2),02L.0107(b)I 6. In accordance with 15A NCAC 02L 010�8, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 021, .0 106, 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. [15ANCAC 02L.O�107(c)] 8. In accordance with 15A NCAC 02L.0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance: boundary except as provided for in 15A NCAC 021, .0107(g). [15A NCAC 02L .0107] 9. Except as provided for in 15A NCAC 02L.01 07(g), the Pen-nittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Wake County Register of Deeds an casement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 021-0107(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 pen -nit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [1.5A NCAC 021.,.0107(f)] WQ0009098 Version 3.0 Shell Version 151201 Page 2 of 8 10, The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400 fl ii. Surface waters: 100 iii, Any well with exception of monitoring wells. 100 iv. Any property line: 150 2 v. Public right of way: 50 In the original August 8, 1994 permit issuance, unrecorded variances were granted for the setback from the wetted area to any habitable residence or place of public assembly under separate ownership for the following: Parcel No. Deed Book / Page Setback Easement 0629,065027 0619956771 N/A N/A 150 feet 200 feet 250 feet 200, feet 2 Per setback waiver recorded in the Wake County Register of Deeds, setbacks from the wetted area to any property line has been reduced for the following: Parcel No. Deed Book / Page Setback Easement 0619968259 0619957905 16801/920 16801 /926 0 feet 0 feet 150 feet 150 feet [15A NCAC 02H 0219(j)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: ii. Any property line: 100 50' Per setback waiver recorded in the Wake County Register of Deeds, setbacks, from storage and treatment units to any property line has been reduced for the following: Parcel No. 0619956311 Deed Book / Page 16801 /923 Setback 0 -feet- Easement 50 feet 061.9956771 16801/911 0 feet 50 feet 0619,956580 16801 /914 0 feet 50 feet 0619956580 16801/917 0 feet 50 feet [15A NCAC 02H .0219(j)] 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0507] WQ0009098 Version 3.0 Shell Version 151201 Page 3 of 8 2. Upon the Water Pollution Control System Operators Certification Commission's (VVTCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Pennittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified 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. [ I 5A NCAC 02T .0117] 3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A NCAC 02T.0 I 08(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed inAttachment B, [15ANCAC 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. [15ANCAC O,2T.0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per pen -nit 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. [15ANCACO2T.0108(b)(1)] 7. Only effluent from the James Rest Home WWTF 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. [15ANCAC 02T.0108(b)(1)] 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited, [15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 021' .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T.0508. [15A NCAC 02T.0508, 02T . I 100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [1.5ANCAC 02T,05050)] 11 Freeboard in the 225,940 gallon storage lagoon shall not be less than two feet at anytime, [15A NCAC 02T .0505(d)] 13, A gauge to monitor waste levels in the 225,940 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 021'.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 temporary 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. [15A NCAC 02T .O 108(b)(1)] WQ0009098 Version 3.0 Shell Version 151201 Page 4 of 8 IXT�IUT " LoX,"Illix#1 A 'ILI I , Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to, ensure groundwater and surface water protection shall be established, and an. acceptable sampling reporting schedule shall be followed. [15ANCAC 02T,O�108(c)] 1 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 P,ermittee'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. [15ANCAC 02T.010'5(k),02T.0108(c)I 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15ANCAC 02T.0108(c)] 5. The Permittee shall maintain adequate records tracking 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. [I 5A NCAC 02T .0 1 08(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 225,940 gallon storage pond 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)'] Three copies of all monitoring data (as specified in Conditions 1Y.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions fV.5, and IV.6.) on Form NDAR- I 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(i)] WQ0009098 Version 3.0 She]] Version 151201 Page 5 of 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. At a minimum, 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. [I 5A NCAC 02T .O I 08(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. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [I 5A NCAC 02T.0108(b)(1)] 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 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 Humic Matter Zinc Copper L_ pH I 5A NCAC 02T.0 I 08(c)] 11. Noncompliance Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 79 1 - ,4200, as soon as vossible, 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. c. 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) 73,3-3300. Persons reporting such occurrences by telephone shall also file a written report in letter fort'n within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15ANCAC ,02T.0105(l),02T.0108(b)(1)I WQ0009098 Version 3.0 Shell Version 151201 Page 6 of 8 1, The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation -facilities. [15ANCAC 02']F.0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment .and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15ANCAC 02'r.0109(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit, and may collect groundwater, surface water or leachate samples, [G.S. 143-21.5.3(a)(2)] 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215,6C. [G.S. 1.43-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15ANCAC 02T.0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved, in this permit pursuant to 15A NCAC 02T .0105(n). [G,S. 143-21.5.1] 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCGOI 0000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes,, [15ANCAC 02T.0105(c)(6).] 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. [15ANCAC 02T.0108(b)(1)'] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .0105(j)] WQ0009098 Version 3.0 Shell Version 151201 Page 7 of 8 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T.0 110. [15ANCAC O�2T.0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC. 02T .0120(b). [I 5A 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 12' day of June 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENTCOMMfS SION S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission WQO�009098 Version 3.0 Shefl Version 151201 Page 8 of 8 I 6-6b 2 E 5 4t tm z Z Z Ln 00 Cn rn 0 'n CZ) 0 C= Cl C) C3 9, a as oc Cy ' c.L i cis u rn �t S {„ �a C4 9w 3 7-- o 00 m n. eN OrMll 0111 N RESIDENCES