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HomeMy WebLinkAboutWQ0013808_Final Permit_20230627ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director WILLIAM KOTIS, JR. — PRESIDENT KOTIS PROPERTIES, INC. POST OFFICE BOX 9296 GREENSBORO, NORTH CAROLINA 27429 Dear Mr. Kotis, NORTH CAROLINA Environmental Quality June 27, 2023 Subject: Permit No. WQ0013808 Summerfield Shopping Center WWTF Wastewater Irrigation System Guilford County In response to your permit renewal request received on January 24, 2023, and subsequent additional information received on April 11, 2023, we are forwarding herewith Permit No. WQ0013808 dated June 27, 2023, to Kotis Properties, Inc. for the continued operation of the subject wastewater treatment and irrigation facilities. This permit is effective from August 1, 2023, through June 30, 2030, shall replace Permit No. WQ0013808 issued on August 29, 2018, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than January 1, 2030. Please pay 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 may result in future non-compliance. The Division has removed the following permit condition since the last permit issuance dated August 29, 2018: ➢ Old Condition 11.10 — The Division has removed this permit condition because the Permittee owns all irrigation sites. ➢ Old Condition VL2 — The Division has removed this permit condition because permits are not voidable. The following permit conditions are new or modified since the last permit issuance dated August 29, 2018: ➢ Condition IIL16 — This condition requires the Permittee to test and calibrate metering equipment annually. ➢ Condition IIL17 — This condition requires the Permittee to provide and maintain an onsite, automatically activated, standby power source. D � North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA '.'roMMm 0­; /I 919,707,9000 Mr. William Kotis, Jr. June 27, 2023 Page 2 of 2 ➢ Condition IV.9 — The Division has modified this permit condition and now requires the Permittee to record the date of flow measurement device calibration, date of irrigation equipment calibration, and date and result of the alternate power supply testing within the maintenance log in addition to the preexisting entries. ➢ Condition VL9 —The Division has added this permit that requires a Division Director approved variance to renew a permit with an unpaid annual fee. This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those interested in filing may access additional information regarding the requirements for filing a Petition and Petition forms at the OAH website or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition shall serve a copy of the Petition on the Department of Environmental Quality's Office of General Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the party filing the Petition is not the Permittee, then the party shall also serve the Permittee pursuant to G.S. 15013-23(a). If you need additional information concerning this permit, please contact Cord Anthony at (919) 707-3655 or cord.anthony&deq.nc.gov. Sincerely, DocuSigned by: Na l� a�,t tc,l tuvv ewo D1043082080C483... Richard E. Rogers, Jr., Director Division of Water Resources cc: Guilford County Health Department (Electronic Copy) Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT Pursuant to 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 Kotis Properties, Inc. Guilford County FOR THE continued operation of a 3,600 gallon per day (GPD) wastewater treatment and irrigation facility consisting o£ a 1,500 gallon grease trap; a 3,000 gallon baffled septic tank with an effluent filter; a 5,000 gallon septic tank; a 9,000 gallon sand filter dosing pump station with two 3 horsepower (hp) pumps; a 2,500 square foot (fe) recirculating sand filtration system with a low-pressure pipe (LPP) distribution system; two wetland cells; a level control/flow splitter box; a tablet chlorinator or ultraviolet (UV) disinfection system; a 360 gallon baffled chlorine contact chamber; a nine -foot diameter wet -well with duplex 70 gallon per minute (GPM) pumps, and on -site visual/audible high-water alarms; an on -site emergency generator with an automatic transfer switch; a level control/flow splitter downstream of the southern wetland unit; a 750 gallon wet weather storage pond pump station with 35 GPM submersible pumps, and audible/visual high- water alarms; a 550,000 gallon lined wet -weather storage pond; a precipitation sensor; three disc filters in series; a 1.40 acre drip irrigation system containing three zones; and all associated piping, valves, controls, and appurtenances to serve the Summerfield Shopping Center WWTF, with no discharge of wastes to surface waters, pursuant to the application received on January 24, 2023, subsequent additional information received on April 11, 2023, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit is effective from August 1, 2023 through June 30, 2030, shall replace Permit No. WQ0013808 issued on August 29, 2018, and is subject to the following conditions and limitations: I. SCHEDULES 1. If the permitted facilities change ownership or the Permittee changes its name, the Permittee shall submit a permit modification request on Division -approved forms within 90 days of the change of ownership. The Permittee shall comply with all terms and conditions of this permit until the Division transfers the permit to the successor -owner. [G.S. 143-215.IW)] 2. The Permittee shall request renewal of this permit on Division -approved forms no later than January 1, 2030. [15A NCAC 02T .0105(b), 02T .0109] WQ0013808 Version 5.0 Shell Version 230516 Page 1 of 9 IL PERFORMANCE STANDARDS The Permittee shall operate and maintain the subject wastewater treatment and irrigation facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities do not perform as designed, 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 its responsibility for contravention of groundwater or surface water standards resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)(A)] 4. The Permittee shall not irrigate effluent in exceedance of the hydraulic and agronomic rates specified m Attachment B. [15A NCAC 02T .0108(b)(1)(A)] 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 .0505(x)1 6. For wastewater irrigation fields originally permitted on or after December 30, 1983, the Division has established the compliance boundary 250 feet from the irrigation area boundary or 50 feet within the property boundary, whichever is closest to the irrigation area boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require the Permittee to take corrective action. The Division shall note any Division -approved relocation of the compliance boundary in Attachment B. The Division shall consider multiple contiguous properties under common ownership and permitted for use as a disposal system as a single property regarding the determination of a compliance boundary. [15A NCAC 02L .0106(e), 02L .0107(b), 02L .0107(c), 02L .0107(fl, 02T .0105 h 7. The Division has established the review boundary midway between the compliance boundary and the irrigation area boundary. Any exceedance of groundwater standards at or beyond the review boundary shall require the Permittee to take preventative action. [ 15A NCAC 02L .0106(d), 02L .0108] 8. The Permittee shall notify the Division of any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(1)] 9. The Permittee or any landowner who owns land within the compliance boundary shall not construct any water supply wells within the compliance boundary. [ 15A NCAC 02L .0107(i)1 WQ0013808 Version 5.0 Shell Version 230516 Page 2 of 9 10. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. The Division originally permitted irrigation sites Fields 1 and 2 on February 25, 1998, with an application received on April 29, 1997. The Division originally permitted irrigation site Field 3 on January 23, 2004, with an application received on July 31, 2002. The setbacks for drip irrigation sites originally permitted or modified with an application received from February 1, 1993, through August 31, 2006, are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 100 iii. Groundwater lowering ditches: 25 iv. Surface water diversions (upslope): 10 v. Surface water diversions (downslope): 25 vi. Each well with exception of monitoring wells: 100 vii. Each property line: 50 ' viii. Top of slope of embankments or cuts of two feet or more in vertical height: 15 ix. Each water line: 10 x. Each swimming pool: 100 xi. Public right of way: 50 xii. Nitrification field: 20 xiii. Each building foundation or basement: 15 ' Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [ 15A NCAC 02H .0219(i)(5)] b. The Division originally permitted the 1,500 gallon grease trap; 5,000 gallon septic tank; tablet chlorinator or UV disinfection system; the 360 gallon baffled chlorine contact chamber; the nine - foot diameter wet -well with duplex 70 GPM pumps and on -site visual/audible high-water; and the three disc filters in series on February 25, 1998, with an application received on April 29, 1997. The Division permitted modifications to the treatment and storage units (construction of a 9,000 gallon sand filter dosing pump station with two 3 hp pumps; and the 2,500 square foot recirculating sand filtration system with low-pressure pipe distribution system) on January 23, 2004, with an application received on July 31, 2002. The setbacks for treatment and storage units originally permitted or modified with an application received from February 1, 1993, through August 31, 2006, are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 50 iii. Each well with exception of monitoring wells: 100 iv. Each property line: 50 1 v. Nitrification field: 20 ' Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [ 15A NCAC 02H .0219(j)(5)] WQ0013808 Version 5.0 Shell Version 230516 Page 3 of 9 c. The Division permitted modifications to the treatment and storage units (construction of a 3,000 gallon baffled septic tank; the 750 gallon wet weather storage pond pump station with 35 GPM submersible pumps, and audible/visual high-water alarms; and the modification of the 550,000 gallon lined wet -weather storage pond; and two wetland cells) on January 22, 2008, with an application received on December 6, 2007. The setbacks for treatment and storage units originally permitted or modified with an application received from September 1, 2006, through August 31, 2018, are as follows (all distances in feet): I. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 Habitable residences or places of assembly under separate ownership constructed after the Division originally permitted or subsequently modified the facilities are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [ 15A NCAC 02T .0506(b)] III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in sufficient detail to show what operations are necessary for the system to function and who shall conduct the operations. b. A description of the anticipated maintenance of the system. c. Provisions for safety measures, including restriction of access to the site and equipment. d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation; and contact information for personnel, emergency responders, and regulatory agencies. [ 15A NCAC 02T .0507(a)1 Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified Operator in Responsible Charge (ORC), and one or more certified operators as Back-up ORCs. The ORC or its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204 and 08G .0205. [15A NCAC 02T .0117] 4. The Permittee shall maintain a year-round vegetative cover on the irrigation area such that crop health is optimal and allows even effluent distribution and inspection of the irrigation system. [15A NCAC 02T .0507(b)] The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation area. [ 15A NCAC 02T .0507(c)] 6. The Permittee shall not irrigate treated effluent during inclement weather or when the soil is in a condition that will cause ponding or runoff. [ 15A NCAC 02T .0505(x)] WQ0013808 Version 5.0 Shell Version 230516 Page 4 of 9 7. The Permittee shall test and calibrate the irrigation equipment once per permit cycle. [15A NCAC 02T .0507 d ] 8. The Permittee shall only irrigate treated effluent from the Summerfield Shopping Center WWTF onto the sites listed in Attachment B. [15A NCAC 02T .0501] 9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)1 10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities. [ 15A NCAC 02T .0505(g)] 11. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .0508, 02T .1101]. 12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0505(j)] 13. The Permittee shall maintain a freeboard of not less than two feet in the wetland treatment cells and the 550,000 gallon lined wet -weather storage pond. [15A NCAC 02T .0505(d)] 14. The Permittee shall provide gauges to monitor freeboard levels in the wetland treatment cells and the 550,000 gallon lined wet -weather storage pond. These gauges shall have readily visible permanent markings, at inch or tenth of foot increments, indicating the following elevations: the maximum liquid level at the top of the temporary liquid storage volume, the minimum liquid level at the bottom of the temporary liquid storage volume, and the lowest point on top of the dam. [ 15A NCAC 02T .0507(f)1 15. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the embankment to the maximum allowable temporary storage elevation on the inside of the embankment). The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0507(g)1 16. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02T .0507(d)] 17. The Permittee shall provide and maintain onsi capable of powering all essential treatment units power supply, the Permittee shall test it weekly. IV. MONITORING AND REPORTING e an automatically activated standby power source If the Permittee employs a generator as an alternate [15A NCAC 02T .0505(1)1 1. The Permittee shall conduct and report any Division -required monitoring, including the monitoring of groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if necessary to evaluate this facility's impact on groundwater and surface water. [ 15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required parameters specified in Attachment A. [ 15A NCAC 02H .08051 3. The Permittee shall continuously monitor flow through the treatment facility and report daily flow values on Form NDMR. Facilities with a permitted flow of less than 10,000 GPD may estimate its flow from water usage records provided the water source has a metering device. [15A NCAC 02T .0105 k , 02T .0108(c)1 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [ 15A NCAC 02T .0105(k), 02T .0108(c)1 WQ0013808 Version 5.0 Shell Version 230516 Page 5 of 9 5. The Permittee shall maintain records tracking the amount of effluent irrigated, which 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 site irrigation time. e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings. £ Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B. g. Weather conditions. h. Maintenance of cover crops. [ 15A NCAC 02T .0108(c 6. The Permittee shall measure and record weekly to the nearest inch or tenth of a foot of freeboard (Le., the waste level to the lowest embankment elevation) in the 550,000 gallon lined wet -weather storage pond. The Permittee shall maintain the weekly freeboard records for eight years and shall make them available to the Division upon request. [15A NCAC 02T .0108(c)] 7. On or before the last day of the month following the previous month's sampling, the Permittee shall submit monitoring data (as specified in Conditions IV.3 and IVA) on Form NDMR for each PPI and operation and disposal records (as specified in Conditions IV.S and IV.6) on Form NDAR-1 for every site in Attachment B. If no activities occurred during the monitoring month, the Permittee shall still submit monitoring reports documenting the absence of the activity. The Permittee shall submit the reports via the Non -Discharge monitoring report portal. [15A NCAC 02T .0105(1)] 8. The Permittee shall maintain records of all residuals removed from this facility. The Permittee shall maintain these records for eight years and shall make them available to the Division upon request. These records 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. Residuals hauling date. d. Volume of residuals removed. [ 15A NCAC 02T .0508(b)] 9. The Permittee shall keep a log of all maintenance done at this facility. The Permittee shall maintain this log for eight years and shall make it available to the Division upon request. This log shall include: a. Date of flow measurement device calibration. b. Date of irrigation equipment calibration. c. Visual observations of the plant and plant site. d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections, cleanings, etc.). e. Date and results of the alternate power supply testing. [ 15A NCAC 02T .0507(h)] WQ0013808 Version 5.0 Shell Version 230516 Page 6 of 9 10. The Permittee shall conduct an annual representative soil analysis (i.e., Standard Soil Fertility Analysis) on each irrigation site listed in Attachment B. The Permittee shall maintain these results at the facility for eight years and shall make them available to the Division upon request. Each Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [15A NCAC 02T .0108(c)] 11. Noncompliance Notification: The Permittee shall report to the Winston-Salem Regional Office, telephone number (336) 776-9800, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at the telephone number (800) 858-0368. All noncompliance notifications shall file a written report to the Winston-Salem 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)1 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0507(i)1 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 eight years from the date of the inspection and shall make this log available to the Division upon request. [ 15A NCAC 02T .0507(h), 02T .0507(i)1 Division -authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the permitted wastewater treatment and irrigation facilities 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 influent, treatment process water, effluent, residual, soil, plant tissue, groundwater, or surface water samples. [G.S. 143-215.3(a)(2)1 WQ0013808 Version 5.0 Shell Version 230516 Page 7 of 9 Vl. GENERAL 1. The Permittee's failure to comply with this permit's conditions and limitations 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 for the nature and volume of wastes described in the permit application and Division -approved plans and specifications. [G.S. 143-215.1(d)1 3. There are no variances to administrative codes or general statutes governing the construction or operation of the permitted facilities unless the Permittee specifically requested a variance in the application and the Division approved the variance as noted in this permit's facility description. [15A NCAC 02T .0105(b)] 4. 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 .0 1 08(b)(1)(A)] 5. The Permittee shall retain this permit and the Division -approved plans and specifications for the life of the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d)] 6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T .0105 ] 7. 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 15A NCAC 02T. b. Obtaining a permit by misrepresentation or failure to disclose all relevant facts. c. The Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. To enter the Permittee's premises where a system is located or where the Permittee keeps any Division -required records under the terms and conditions of this permit. ii. To have access to any permit -required documents and records. iii. To inspect any monitoring equipment or method as required in this permit. iv. To sample any pollutants. d. The Permittee's failure to pay the annual fee for administering and compliance monitoring. e. A Division determination that the conditions of this permit conflict with the North Carolina Administrative Code or General Statutes. [ 15A NCAC 02T .01101 WQ0013808 Version 5.0 Shell Version 230516 Page 8 of 9 8. Unless the Division determines that the Permittee needs a permit modification for the construction of facilities to resolve non-compliance with any environmental statute or rule, or the Division Director grants a variance, expansion of the permitted facilities 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 the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this conviction. 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 in accordance with its permit or 15A NCAC 02T. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this penalty. 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 pursuant to 15A NCAC 02T .0105(e)(2). [ 15A NCAC 02T .0120(b), 02T .0120(d)] 9. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0I05(e)(2). [15A NCAC 02T .0120 c , 02T .0120(d)] 10. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule in G.S. 143-215.31)(a). The Permittee shall continue to pay annual fees for any facility operating on an expired permit that the Division has not rescinded or revoked. [ 15A NCAC 02T .0105(e)(2)] Permit issued this the 27t" day of June 2023 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: N t v"W� D1043082080C483... Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0013808 WQ0013808 Version 5.0 Shell Version 230516 Page 9 of 9 THIS PAGE BLANK ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Kotis Properties, Inc. PPI 001— WWTF Effluent Certification Date: June 27, 2023 Permit Number: WQ0013808 Version: 5.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 3 x Year' Grab 50060 Chlorine, Total Residual mg/L Weekly Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 3 x Year Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 7 3,182 2 Monthly Estimate 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year' Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 3 x Year' Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 3 x Year Grab 00600 Nitrogen, Total (as N) mg/L 3 x Year 1 Grab 00400 pH su Weekly Grab 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 00530 Solids, Total Suspended mg/L 3 x Year 1 Grab 1. The Permittee shall conduct 3 x Year sampling in March, July, and November. 2. The grocery store and multi -purpose retail accounts for 1,700 GPD and the drugstore accounts for the remaining 1,482 GPD. WQ0013808 Version 5.0 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Kotis Properties, Inc. Certification Date: June 27, 2023 Permit Number: WQ0013808 Version: 5.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner Parcel No. County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 1 Kotis Properties, Inc. 146037 Guilford 36.191163' -79.890291' 0.71 Madison 01284 — Non -Discharge Application Rate 0.3 34.75 niches 2 Kotis Properties, Inc. 146037 Guilford 36.191686' -79.889208' 0.52 Madison 01284 — Non -Discharge Application Rate 0.3 34.75 niches 3 Kotis Properties, Inc. 146037 Guilford 36.191299° -79.889179' 0.17 Madison 01284 — Non -Discharge Application Rate 0.3 34.75 inches Total: 1.40 WQ0013808 Version 5.0 Attachment B Page 1 of 1 PROPERTY MANAGEMENT AGREEMENT Date: June 5.2003 Owners: Kotis Summerfield, LLC P.O. Box 9296 Greensboro, NC 27429-9296 Kotis Summerfield Outparcel, LLC P.O. Box 9296 Greensboro, NC 27429-9296 Agent: Kotis Properties, Inc. P.O Box 9296 Greensboro, NC 27429-9296 In consideration of the mutual covenants and promises each to the other. Owners hereby employ Agent exclusively, and hereby accepts employment to perform certain duties as set out here in regarding the Property more particularly described below upon the following terms and conditions: ARTICLE I. DESCRIPTION A. The Property: Located in the City of Greensboro, County of Guilford, State of North Carolina being known and more particularly described as: Summerfield Renaissance Shopping Center ("Property"). (See legal description attached). ARTICLE II. PROPERTY MANAGEMENT A. Agent's Authority: The Owners hereby authorize and empower Agent to perform such acts and to take such steps as are necessary, in Agent's opinion, to manage the Property on a day-to-day basis to Owners' advantage including: 1. Collecting all rentals and other charges and amounts due or to become due under all leases covering the Property and given receipts for the amounts so collected. 2. Causing to be made any repair the estimated cost of which shall be less than 250.00 which, in Agent's opinion, is necessary to preserve, maintain and protect the Property. RECEIVED NCDEQ/DWR Prop Mpsi' Alit, . K PI.30 3I.11-1 m,s 5, AlkEr 15 JUN 2018 Non -Discharge Permitting Unit 3. Soliciting not less that two (2) competitive estimates for the cost of a repair which exceeds the amount set out in A2 above and to present the lowest responsible bid to Ownersfor Owners' review and authorization to proceed with the work. 4. Unless so otherwise instructed by Owners, soliciting, on an annual basis, not less than (2) competitive bids to perform regular preventive maintenance work on the Property's heating, venting, air conditioning system(s); janitorial services (if applicable); grounds maintenance (if applicable); certain window cleaning (if applicable); elevator maintenance (if applicable); alarm systems (if applicable); and any other services to the tenants as required by their tenancies. 5. Complying with any duties or obligations imposed upon the Owners by any Local, State or Federal law or regulation. B. Agent Covenants: During the duration of this Agreement, Agent agrees: 1. To manage the Property to the best of his ability, devoting thereto such time and attention as may necessary. 2. To furnish the services of Kotis Properties, Inc, for managing the Property. 3. To collect all monthly rentals and other such charges due to Owners upon the Property. 4. To cause to be made such repairs he deems appropriate in order to preserve and maintain the Property. 5. To cause to be performed such preventive maintenance as he deems appropriate in order to preserve and maintain the Property. 6. To cause to be performed such janitorial and groundskeeping activities as he deems appropriate in order or preserve and maintain the Property. 7. To regularly make an on -site inspection to ensure that the Property remains in satisfactory operation in an acceptable state of repair and that the interior and exterior of the Property is clean end presentable to the recants and their clientele. 8. To answer tenant requests and complaints and to perform the duties imposed upon Owners by law or pursuant to the tenant leases covering the Property. 2 9. To keep and maintain at all times all necessary books and records relation to the leasing, management and operation of the project and to prepare and render to Owners monthly itemized accounts of receipts and disbursements incurred in connection with its leasing, operating and management on or before the 1 oth day pf the following month. If specifically requested by Owners, to cause to be made at the close of the fiscal year upon which the described property shall be operated, an annual audit report at Owners' expense, all in reasonable detail. All books, correspondence and date pertaining to the leasing, management and operation of the Property shall, at all times, be safely kept and preserved. Such books, correspondence and data shall be available to Owners at all reasonable times, and shall, upon the termination of this Agreement be delivered to Owners in their entirety without cost or change therefor. 10. To compute, collect disburse, and reconcile a Common Area Maintenance (CAM) Account. 11. To disburse such amounts as appropriate to maintain current accounts payable including, but not limited to, contracted services, utilities, insurance and ad valorem taxes. 12. To deliver to Owners, on a monthly basis, all net rental proceeds remaining after disbursing such amounts as authorized under this Agreement/ C. Owners Covenants: During the duration this Agreement the Owners agree: To provide Agent with architectural drawings and specifications of the Property, if available, 2. To advance to Agent such addition sums as may be necessary to cover the costs of repairing the Property and maintaining in a safe, fit and habitable condition as required by Federal, state and local codes. 3. To advance to Agent such additional sums as maybe necessary to over the costs ofrepaingthe Property but limited to general operating expenses, maintenance and supply expenses, court costs and attorney fees. 4. To carry comprehensive general public liability and property damage insurance against any and all claims or demands whatsoever out of,or in any way connected with, the operation, leasing and maintenance of the Property, which policies shall be written so as to protect Agent, as an additional insured. C Prcp Mlxnu fir. KP[ -BG 3211.15, MIF Ir D. Tenant Security Deposits: The Agent, shall require tenants of the Property to make a security deposit in an amount as permitted by law to secure the tenant's obligations under leases of the Property (such security deposits shall hereinafter be referred to as "Tenant Security Deposits"). E. Agent's Fee: Property Management: Owners shall pay to Agent each month during the existence of this Agreement the following! 3% of gross base rentals 2. Additional duties: The Owners shall pay to Agent during the existence of this Agreement the following fees for the duties set out below and for any other duties not so specified in this agreement. ARTICLE III. LEASING A. Agent's Authority: Owners here by authorities and empowers Agent to perform such acts to take such steps as are necessary, in Agent's opinion, to lease the Property to Owner's advantage including: 1. Advertising the property using brochure, multiple listing or other means as deemed appropriate by Agent. 2. Displaying real estate advertising signs on the Property if deemed appropriate by Agent. 3. To become totally familiar with the Property's characteristic which would include accurate measurements of usable and leasable areas, HVAC capacity, pluming and electrical systems, zoning, construction methods and interior finishes. B. Agent Covenants: During the duration of this Agreement, Agent agrees: 1. To market the Property to the best of his ability devoting thereto such time and attention as may be necessary. 2. To furnish the services of Kotis Properties, Inc. for marketing the Property. 3. To monitor the local real estate leasing market and to advise Owners of conditions and trends which might affect or otherwis3e necessitate adjustment to the Property. finding to Owners. To conduct background investigation of all prospective tenants and report such 2 5. To offer the Property to the public for leasing in compliance with all state, federal, and local laws, including but not limited to, federal and state law and regulations prohibiting discrimination on the basis of race, color, religion, sex, familial status, handicap or national origin. 6. To negotiate leases based on parameters established by Owners in order to arrive at terms and conditions favorable and acceptable to owner. 7. To administer the preparation of the formal lease documents to insure accuracy and completeness and to present same to Owners and tenant for execution. C. Owners' Convents: During the duration of this Agreement Owners agree: 1. To provide Agent with available measured drawings and/or architectural drawings of the Property. 2. To provide Agent with any special terms and/or conditions that would apply to any executed leases. To refer to Agent any and all inquiries received with respect to or concerning the Property. D. Agent's Fee: Owners shall pay to Agent 4% of the total rent involving during the entire initial term of the lease over the term of one year, for leases negotiated after the date of this Agreement. A 2% override, thereby increasing the total commission to 6%, will be paid if a brokerage firm other that Agent is involved in the lease transaction. ARTICLE IV. Agency A. Duration of Agency: This Agreement and the agency and employment created shall commence and become effective on June 1, 2003 and shall continue 1 year there after or until terminated as provided herein. B. Termination of Agency Either Owner or Agent may terminate the agency and employment created hereby by giving written notice to his intention to do so 3 days prior to the desired termination date. Upon any termination of the Agreement by either Owners or Agent, each shall take such steps as are necessary to settle all accounts between them including the following: (1) Agent shall properly render to Ownesr all rents then on hand after having deducted therefrom any Agent's fees then due; (2) Agent shall render to Owner records showing all tenants who paid security deposits under leases affecting the property; (3) Agent Shall deliver to Owners all tenant leases and other related documents; (4) Owners shall, within 10 days after the termination, pay to Agent any fees or amounts due Agent; and (5) Owners shall promptly notify all current tenants of the termination of the agency status. 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written: OWNERS: Kotis Summerfield, LLC BY: Kotis Properties, Inc., Manager 0 William M. Kotis, III, President Kotis Summerfield Outparcel, LLC BY: Kotis Properties, Inc., Manager By. L�' L- William M. Kotis, III, President Kotis Properties, Inc BY: L- � William M. Kotis, II1, President G Exhibit A Legal Description Lots I and 2 on the plat recorded in Plat Book 145, Page 333. SITE MAP FOR WQ0013808 N, 16 n � TTO AL'