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
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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)]
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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
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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
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NO Counties
0 Major River Basins
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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