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
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