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HomeMy WebLinkAboutWQ0042881_Final Permit_20221108 November 8, 2022 C RAIG A. AND S HANNON B. C ARTER 3919 M IAMI C HURCH R OAD C ONCORD, N ORTH C AROLINA 28025 Subject: Permit No. WQ0042881 3907 Abilene Rd. SFR Single-Family Residence Wastewater Irrigation System Cabarrus County Dear Mr. and Mrs. Carter: In accordance with your permit minor modification request received September 6, 2022, we are forwarding herewith Permit No. WQ0042881 dated November 8, 2022, to Craig A. and Shannon B. Carter for the construction and operation of the subject single-family residence wastewater treatment and irrigation facilities. The following modifications to the subject permit are as follows: Operation language has been added because the compliance schedules listed under Conditions I.1, I.2, and I.3 have been completed from the previously issued permit. This permit shall be effective from the date of issuance through July 31, 2028, shall replace Permit No. WQ0042881 issued February 17, 2022, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than February 2, 2028. Please pay attention to the operation and maintenance requirements listed in Section III 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. Also, note that Condition VI.6. requires the Permittee to retain a set of Division-approved plans and specifications for the life of the facilities permitted herein. The Division has removed the following permit conditions since the last permit issuance dated February 17, 2022: Old Condition I.1 Documentation has been submitted demonstrating that Parcel No. 5549819306000 has been properly subdivided and sold to Daniel W. and Kami J. Downey, therefore this condition is no longer required. Old Condition I.2 A recorded setback waiver from Daniel W. and Kami J. Downey has been provided, which allows for the construction of treatment units and disposal of wastewater within the required 50-foot setback of their property line, therefore this condition is no longer required. Mr. Craig A. Carter and Mrs. Shannon B. Carter November 8, 2022 Page 2 of 2 Old Condition I.3 The compliance schedules listed in Old Condition I.1 and I.2 have been completed, therefore this condition is no longer required. Old Condition II.10 This condition has been removed and replaced by Condition II.10. The following permit condition is new since the last permit issuance dated February 17, 2022: Condition II.10. This condition has been updated with the reduced setbacks from the recorded setback waiver for Parcel No. 55498181930000. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Zachary Mega at (919) 707-3658 or zachary.mega@ncdenr.gov. Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources cc: Cabarrus County Health Department (Electronic Copy) Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Kevin D. Davidson, PE Agri-Waste Technology, Inc. (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Craig A. and Shannon B. Carter Cabarrus County FOR THE construction and operation of a 360 gallon per day (GPD) single-family residence wastewater treatment and irrigation facility consisting of: a 1,500 gallon septic tank with an effluent filter; an AdvanTex AX20-RT treatment system; a 800 gallon recirculation tank with a 16.75 gallon per minute (GPM) recirculation pump, audible/visual high-water alarms, and a control panel; a 6 GPM ultraviolet (UV) lamp disinfection unit; a 3,500 gallon field dosing tank with a 13.6 GPM pump, audible/visual high-water alarms, and control panel; a vortex screen filter; a rain sensor; a 0.41 acre drip irrigation area; and all associated piping, valves, controls, and appurtenances to serve the single-family residence at 3907 Abilene Rd., Concord, NC 28025 with no discharge of wastes to surface waters, pursuant to the application received September 6, 2022, in conformity with the Division- approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through July 31, 2028, shall replace Permit No. WQ0042881 issued February 17, 2022, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. Upon completion of construction and prior to operation of this permitted facility, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division-approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports@ncdenr.gov. \[15A NCAC 02T .0116(a)\] 2. The Permittee shall notify the Mooresville Regional Office, telephone number (704) 663-1699, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. \[15A NCAC 02T .0108(b)(1)(B)\] WQ0042881 Version 1.1 Shell Version 200201 Page 1 of 8 3. Upon completion of construction and prior to irrigation, a soil evaluation shall be completed for all areas where fill material is placed within the permitted irrigation areas. The report shall certify that areas utilizing fill material are capable of accepting the designed loading rate. This report shall specifically address, but not be limited to, soil features such as soil compaction and saturated hydraulic conductivity of the least permeable layer, soil fertility report and any amendments added, verification of fill suitability and depth of fill material (and to the seasonal high water table) across the field, as well . The soil scientist evaluation shall be mailed to the Division of Water Resources, Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reports@ncdenr.gov. Irrigation of wastewater shall not occur until the Mooresville Regional Office approves the soils evaluation. \[15A NCAC 02T .0108(b)(1)(A)\] 4. The Permittee shall request renewal of this permit on Division-approved forms no later than February 2, 2028. \[15A NCAC 02T .0105(b), 02T .0109\] 5. If a public or community sewage system is or becomes available, the Permittee shall connect to this system, and shall request rescission of the single-family residence wastewater treatment and irrigation facilities permitted herein. \[15A NCAC 02T .0607\] II. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject non-discharge facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. \[15A NCAC 02T .0108(b)(1)(A)\] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. \[15A NCAC 02T .0108(b)(1)(A)\] 3. The Permittee shall apply treated wastewater effluent at or below the following rates: TABLE 1 APPLICATION LIMITATIONS Field Parameter Hourly Rate Yearly Max Units 1 01284 Non-Discharge Application Rate 0.20 11.85 inches \[15A NCAC 02T .0605(j)\] 4. The Permittee shall only apply treated wastewater effluent to the following: TABLE 2 IRRIGATION AREA INFORMATION Net Dominant Field Owner County Latitude Longitude Acreage Soil Series 1 Craig A. and Shannon B. Carter Cabarrus 35.363956° -80.512392° 0.41 Enon \[15A NCAC 02T .0108(b)(1)(A)\] 5. The attached Operation and Maintenance Agreement shall be a condition of this permit. Noncompliance with the terms of the Operation and Maintenance Agreement shall subject the Permittee to all sanctions under G. S. 143-215.6A, G.S. 143-215.6B, and G.S. 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. \[15A NCAC 02T .0604(h)\] 6. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent irrigation during precipitation events or wet conditions. \[15A NCAC 02T .0605(o)\] WQ0042881 Version 1.1 Shell Version 200201 Page 2 of 8 7. The compliance boundary is the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division-approved relocation of the compliance boundary shall be noted in Condition II.4. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. \[15A NCAC 02L .0106(d)(2), 02L .0107(i), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)\] 8. The review boundary is midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. \[15A NCAC 02L 0106(d)(1), 02L .0108\] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). \[15A NCAC 02L .0107(c)\] 10. The facilities herein were permitted per the following setbacks: a. The irrigation sites were originally permitted February 17, 2022. The setbacks for drip irrigation sites originally permitted or modified on or after September 1, 2018, are as follows (all distances in feet): 1 i. Each habitable residence or place of assembly under separate ownership: 100 ii. Each habitable residence or place of assembly owned by the Permittee: 15 iii. Each private or public water supply source: 100 iv. Surface waters: 100 v. Groundwater lowering ditches: 100 vi. Surface water diversions: 25 vii. Each well with exception of monitoring wells: 100 2, 3 viii. Each property line: 50 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Public right of way: 50 xiii. Nitrification field: 20 xiv. Each building foundation or basement: 15 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. 3 Per a setback waiver recorded in the Cabarrus County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 55498181930000 16126 / 109 10 feet 40 feet \[15A NCAC 02T .0606(a), 02T .0606(c), 02T .0606(d), 02T .0606(e)\] WQ0042881 Version 1.1 Shell Version 200201 Page 3 of 8 b. The storage and treatment units were originally permitted February 17, 2022. The setbacks for storage and treatment units originally permitted or modified on or after September 1, 2018, are as follows (all distances in feet): 1 i. Each habitable residence or place of assembly under separate ownership: 100 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 2, 3 v. Each property line: 50 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. 3 Per a setback waiver recorded in the Cabarrus County Register of Deeds, reduced setbacks from the storage and treatment units to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 55498181930000 16126 / 109 25 feet 25 feet \[15A NCAC 02T .0606(b), 02T .0606(c), 02T .0606(d), 02T .0606(e)\] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non-discharge system. \[15A NCAC 02T .0600\] 2. Upon the Water Pollution Control System Operators Certification Commission classification of the subject non-discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. \[15A NCAC 02T .0117\] 3. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. \[15A NCAC 02T .0608(a)\] 4. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Condition II.4. \[15A NCAC 02T .0608(b)\] 5. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. \[15A NCAC 02T .0605(o)\] 6. The Permittee shall only irrigate treated effluent from the single-family residence at 3907 Abilene Rd., Concord, NC 28025 on the sites listed in Condition II.4. \[15A NCAC 02T .0601\] 7. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. \[15A NCAC 02T .0608(d)\] 8. The Permittee shall prohibit public access to the wastewater treatment and irrigation facilities through lockable treatment units, and fencing around the irrigation sites. \[15A NCAC 02T .0605(i)\] 9. The Permittee shall dispose or utilize generated residuals in a Division-approved manner. \[15A NCAC 02T .1100\]. WQ0042881 Version 1.1 Shell Version 200201 Page 4 of 8 10. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. \[15A NCAC 02T .0605(f)\] 11.Pump tanks shall have audible and visual alarms external to any structure.\[15A NCAC 02T .0605(n)\] 12. The Permittee shall line any excavation into bedrock with a 10 millimeter synthetic liner. \[15A NCAC 02T .0605(d)\] 13. Metering equipment shall be tested and calibrated annually. \[15A NCAC 02T .0608(c)\] 14. The Permittee is responsible for the operation and maintenance of the wastewater treatment and irrigation system including the following: a. Inspect the septic tank annually, and pump out solids as needed. Inspect and clean the septic tank effluent filter annually. b. Inspect the ultraviolet disinfection unit weekly. Clean or replace the lamps and quartz sleeves as needed. c. Inspect all storage tanks, pumps, and alarms monthly. Remove the floating scum layer in all pump/storage tanks when pumping the septic tank solids out. d. Inspect the drip irrigation system monthly to verify: proper operation of the drip lines; that there are no leaks; that vegetative growth does not obstruct the drip emitters; that the irrigated wastewater is not ponding in or running off the designated irrigation area; and that there are no objectionable odors. \[15A NCAC 02T .0608\] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this groundwater and surface water. \[15A NCAC 02T .0108(c)\] 2. Noncompliance Notification: The Permittee shall report to the Mooresville Regional Office, telephone number (704) 663-1699, within 24 hours of first knowledge of the following: a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. b. Any facility failure resulting in a discharge to surface waters. c. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. d. Ponding in or runoff from the irrigation sites. Emergencies requiring reporting outside normal business hours shall call Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Mooresville Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. \[15A NCAC 02T .0108(b)(1)(A)\] WQ0042881 Version 1.1 Shell Version 200201 Page 5 of 8 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and irrigationfacilities.\[15A NCAC 02T .0608(f)\] 2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. \[15A NCAC 02T .0608(e), 02T .0608(f)\] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. \[G.S. 143-215.3(a)(2)\] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. \[G.S. 143-215.6A, 143-215.6B, 143-215.6C\] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division-approved plans and specifications. \[G.S. 143-215.1(d)\] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. \[15A NCAC 02T .0105(n)\] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. \[15A NCAC 02T .0105(c)(6)\] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division-approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor-owner. \[G.S. 143- 215.1(d3)\] 6. The Permittee shall retain a set of Division-approved plans and specifications for the life of the facilities permitted herein. \[15A NCAC 02T .0105(o)\] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. \[15A NCAC 02T .0105(j)\] WQ0042881 Version 1.1 Shell Version 200201 Page 6 of 8 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a.violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. esentation of credentials: i. to enter the where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. ee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. \[15A NCAC 02T .0110\] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. \[15A NCAC 02T .0120(b), 02T .0120(d)\] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. \[15A NCAC 02T .0120(c)\] th Permit issued this the 8 day of November 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ____________________________________________ Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0042881 WQ0042881 Version 1.1 Shell Version 200201 Page 7 of 8 Permit No. WQ0042881 Single-Family Residence Wastewater Irrigation System Craig A. and Shannon B. Carter November 8, 2022 3907 Abilene Rd. SFRCabarrus County E NGINEERING C ERTIFICATION Partial Final I, , as a duly licensed North Carolina Professional Engineer, having periodically / fully observed the construction of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division-approved plans and specifications. Documentation of any variation to this permit, and the Division-approved plans and specifications, is in the attached as-built drawings. Description of variations: Firm Name Firm No. Address City State Zip Code Telephone Email Seal, Signature, and Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON-DISCHARGE BRANCH By U.S. Postal Service By Courier/Special Delivery 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 WQ0042881 Version 1.1 Shell Version 200201 Page 8 of 8 WQ0042881