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HomeMy WebLinkAboutWQ0040799_Final Permit_20230927ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 27, 2023 MITCHELL JOHNSON AND NICOLE JOHNSON 2617 WHISTLING QUAIL RUN APEX, NORTH CAROLINA 27502 Subject: Permit No. WQ0040799 2617 Whistling Quail Run SFR Single -Family Residence Wastewater Irrigation System Wake County Dear Mr. and Mrs. Johnson, In response to your permit change of ownership request received on July 21, 2023, we are forwarding herewith Permit No. WQ0040799 dated September 27, 2023, to Mitchell Johnson and Nicole Johnson for the continued operation of the subject single-family residence wastewater treatment and irrigation facilities. This permit is effective from the date of issuance through September 30, 2025, shall replace Permit No. WQ0040799 issued on December 27, 2019, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than April 3, 2025. Please pay attention to the operation and maintenance requirements listed in Section III 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 removed the following permit condition since the last permit issuance dated December 27, 2019: ➢ Old Condition L1 — The Division removed this condition because the Permittee submitted the engineering certification. ➢ Old Condition IIL 12 —The Division removed this condition because the Permittee completed construction. The following permit conditions are new or modified since the last permit issuance dated December 27, 2019: ➢ Condition I.1 (previously VL5) — The Permittee shall submit a permit modification request within 90 days of a change in ownership or a name change. ➢ Condition L5 — This condition notes the date the renewal application is due. ➢ Condition IL9 — The Permittee no longer must submit a permit modification prior to the sale or transfer of properties affecting the compliance boundary. Instead, the Permittee shall notify the Division of any such sale or transfer. 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. Mitchell Johnson and Mrs. Nicole Johnson September 27, 2023 Page 2 of 2 ➢ Condition VL9 — The Division will not renew the permit if there are unpaid annual fees. ➢ Condition VL10 —The Permittee shall pay an annual fee each year and continue to pay annual fees for any permits the Division has not rescinded or revoked. 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 Alys Hannum at (919) 707-3657 or alvs.hannum&deq.nc.gov. Sincerely, DocuSigned by: Naf l� oun tt,l Tu"Wo D1043082680C483... Richard E. Rogers, Jr., Director Division of Water Resources cc: Wake County Health Department (Electronic Copy) Raleigh 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 SINGLE-FAMILY RESIDENCE 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 Mitchell Johnson and Nicole Johnson Wake County FOR THE continued operation of a 360 gallon per day (GPD) single-family residence wastewater treatment and irrigation facility consisting of: a 1,250 gallon septic tank with an effluent filter; a 1,000 gallon recirculation tank with a 13 gallon per minute (GPM) recirculation pump; a 600 GPD E-Z Treat recirculating sand filter unit; an ultraviolet (UV) disinfection unit; a 3,600 gallon dosing/storage tank with an 18 GPM pump, audible/visual high-water alarms, and a rain sensor; a 0.34 acre drip irrigation area; and all associated piping, valves, controls, and appurtenances to serve the single-family residence at 2617 Whistling Quail Run, Apex, NC 27502, with no discharge of wastes to surface waters, pursuant to the application received on July 21, 2023, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit is effective from the date of issuance through September 30, 2025, shall replace Permit No. WQ0040799 issued on December 27, 2019, 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. 143-215.1(d3)] 2. If a public or community sewage system is or becomes available, the Permittee shall connect to this system and shall request the rescission of Permit No. WQ0040799. [ 15A NCAC 02T .0607] WQ0040799 Version 1.2 Shell Version 230516 Page 1 of 8 3. Pursuant to the flow reduction request received on February 19, 2019, and approved on May 9, 2019, the Division accepts the data -based design flow rate of 90 gallons per day per bedroom (GPDBR) for the users served by this facility. At no time shall wastewater flows exceed the limits defined in this permit. The Permittee shall report the measured monthly average amount of wastewater flow contributed per unit (GPD/BR) for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved value, the Permittee shall reevaluate the approved value using the methodology applied to determine the approved flow rate of 90 GPDBR and submit this information with the renewal application for reevaluation of the approved flow rate. [ 15A NCAC 02T .0114(f)1 4. The Permittee shall retain the Division's written approval of the authorized adjusted daily design flow rate for the life of this facility and shall transfer this approval to any future Permittee. [ 15A NCAC 02T .01 144 ] 5. The Permittee shall request renewal of this permit on Division -approved forms no later than April 3, 2025. [15A NCAC 02T .0105(b), 02T .0109] II. 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. 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 0.4 14.11 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 Parcel No. County Latitude Longitude Acreage Soil Series Mitchell Johnson and CrC — Creedmoor 1 0721639409 Wake 35.710414' -78.909106' 0.34 Nicole Johnson sandy loam [ 15A NCAC 02T .0 1 08(b)(1)(A)] 5. The attached Operation and Maintenance Agreement is a condition of this permit. Noncompliance with the terms of the Operation and Maintenance Agreement shall subject the Permittee to all measures pursuant to G.S. 143-215.6A, G.S. 143-215.6B, and G.S. 143-215.6C for violation of or failure to act pursuant to 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)1 WQ0040799 Version 1.2 Shell Version 230516 Page 2 of 8 7. The Division has established the compliance boundary at the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require the Permittee to take corrective action. 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, 02L .0107(fl, 02L .0107(n)] 8. 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] 9. 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)] 10. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. The Division originally permitted the irrigation sites on August 16, 2019, with an application received on April 15, 2019. The setbacks for drip irrigation sites originally permitted or modified with an application received on or after September 1, 2018, are as follows (all distances in feet): 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 viii. Each property line: 50 2,3 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 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. 3 Pursuant to a setback waiver recorded in the Wake County Register of Deeds, reduced setbacks from the irrigation area boundary to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 0721639409 17676 / 2000 25 feet 25 feet [15A NCAC 02T .0606(a), 02T .0606(c), 02T .0606(d), 02T .0606(e)] WQ0040799 Version 1.2 Shell Version 230516 Page 3 of 8 b. The Division originally permitted the treatment and storage units on August 16, 2019, with an application received on April 15, 2019. The setbacks for treatment and storage units originally permitted or modified with an application received on or after September 1, 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 Z 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 .0606(b), 02T .0606(d), 02T .0606(e)] III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0101] 2. 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. At the time of this permit issuance, the WPCSOCC does not require an ORC and Back-up ORC for Single -Family Residence Wastewater Irrigation Systems. [ 15A NCAC 02T .0117] 3. The Permittee shall maintain a year-round vegetative cover on the irrigation area such that crop health is optimal and allows for even effluent distribution and 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 area. [ 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 2617 Whistling Quail Run, Apex, NC 27502. [15A NCAC 02T .06011 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 of or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .1101]. WQ0040799 Version 1.2 Shell Version 230516 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 and dosing tanks shall have audible and visual alarms external to any structure. [15A NCAC 02T .0605(n)] 12. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02T .0608(c)] 13. The Permittee is responsible for the operation and maintenance of the wastewater treatment and irrigation system including the following: a. Inspecting the septic tank annually and pumping out solids as needed. Inspecting and cleaning the septic tank effluent filter annually. b. Inspecting the ultraviolet disinfection unit weekly. Cleaning or replacing the lamps and quartz sleeves as needed. c. Inspecting all storage tanks, pumps, and alarms monthly. Removing the floating scum layer in all pump/storage tanks when pumping the septic tank solids out. d. Inspecting the drip irrigation system monthly to verify the 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 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)1 2. Noncompliance Notification: The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within 24 hours of first knowledge of the following: a. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes 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 the Division's Emergency Response personnel at the telephone number (800) 858-0368. All noncompliance notifications shall file a written report to the Wake 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 WQ0040799 Version 1.2 Shell Version 230516 Page 5 of 8 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [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 provide the inspection log to the Division upon request. [ 15A NCAC 02T .0608(e), 02T .0608(f)] 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)] VI. GENERAL 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 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 ] WQ0040799 Version 1.2 Shell Version 230516 Page 6 of 8 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 .0110] 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. 143-215.613 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)] WQ0040799 Version 1.2 Shell Version 230516 Page 7 of 8 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 .0105(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 September 2023 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: v"W� D1043082080C483... Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0040799 WQ0040799 Version 1.2 Shell Version 230516 Page 8 of 8 MOM, A7 AM SECTION Permit No..0 WQ004079 OPERATION AND MAJINTENANCE Pet ittee: Mitchell Johnson and Nicoie Johnson(Le, all deed property o%;%rner County . Wake The Penn' tt ads to operate and maintain the single-family residence wastowater treatment and lira abort system as follows -- I. [aspect the -septic tank annually, aild pump out solids as needed. . Inspect and clean the septic tank effluent filter annually l if applicable) 3. Inspect the tablet chlorinator %reek 1 . Add wastewater grade chlorine tablets(e,g, calcium h h brie as heeded. Swimming pool grade c loilne lablets are nor acceptable. (if applicable) 4. Imspect the ultraviolet disinLion unit weekly_ Clean or I-eplace the lamps and quart sleeves as needed. r applicable) Inspect all storage tanks* pumps, and alar'nis monthly. when Pumping the septic tank l ids nut_ Fie move the floaring scum laver in a I l p um plo-stora a tanks Impect the r i rri a tt n� n� n n h ly to er' f V= proper ration of rthe spray heads: that there at-e no deal • that vegetative gi-o 'th does not obstruct the spray heads: that the irrigated ante � aler is not po i n l� in or ru nn i n off the des1gnat irrigation area; and that iher a a"re iia object1anable Gdols - (if applicah le) 7. 1 ns peCt the drip i rri a t on sYstem nio nthlY to verify: proper operation of the dr)"p lines; that there are tic) leaks: that vegetad a rov�rth does not obstruct the drip emitters-, tot ffie irrigated wastewateris not pondingin or running off' the deli nar d irrigation area, and that there are no objectionable odors, if opplicable 8. Maintain a sei of. Dik.,isi n-approved engineering plans and specifici . Pav the mquired annual tee- 10 . Mega St renewal of i h i s r x t on i.� j on -a ppro ed f o •ni s no later than 180 days pilor to expiration. 11. Sign and pmvide a Chan c of Ownership apalicafion to any future owner of the single-family residence wastewater treatment and irrigation System for their completion and submission to the Division of "later Resoui-cps. VWe understand the &ove requirements and agree to these terms as parr of the issued pernidt. Signature., Signature: Signature: Signature. All deeded fr. oatp ��2v/z3 Dare: Dow Date owners shall si it this Operation and Maintenance Aereenient ArcGIS Web Map 9/20/2023, 11:35:00 AM 1:1,317 0 Parcels (Polygons) - Parcels o o.nt ❑.oa o.oe mi NO Counties 0 Major River Basins 0.02 004 0.08 km NC CGIA, Maxar, Micrasoft, Esri Community Al2ps Contributors, Town of Cary, Wake County, Stale of North Carolina DOT, ®OpenStmetMap, Microsoft, Esri, HERE, Gamin. SafeGraph, GeoTechnologies, Inc, METIiNASA, Permit Number: WQ0040799 Version 1.2