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WQ0041136_Final Permit_20231211
ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 11, 2023 JOHN PLACE — PRESIDENT NoURSE FARMS NC ACQUISITION, LLC 41 RIVER ROAD SOUTH DEERFIELD, MASSACHUSETTS 01373 Subject: Permit No. WQ0041136 Lakeside Produce WWTP Reclaimed Water Generation and Dedicated Utilization System Henderson County Dear Mr. Place, In response to your permit change of ownership request received on September 15, 2023, we are forwarding herewith Permit No. WQ0041136 dated December 11, 2023, to Nourse Farms NC Acquisition, LLC for the continued operation of the subject reclaimed water generation and dedicated utilization facilities. This permit is effective from the date of issuance through December 31, 2025, shall replace Permit No. WQ0041136 issued on September 30, 2020, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than July 4, 2025. 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 September 30, 2020: ➢ Old Condition IIL6 — The Division has removed this condition because it is not applicable to this facility. The following permit conditions are new or modified since the last permit issuance dated September 30, 2020: ➢ Condition IV.7 — The Division modified this condition to require the Permittee to maintain records of all residuals removed from the facility for eight years. ➢ Condition IV.8 — The Division modified this condition to require the Permittee to keep maintenance log records for eight years. ➢ Condition V1.10 —This condition requires the Permittee pay an annual fee for each year of the term of this permit. ME ��� 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 ©eca.. or 919,707,9000 Mr. Jobe Place December 11, 2023 Page 2 of 2 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 parry 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 parry 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 Leah Parente at (919) 707-3656 or leah.parentc&deq.nc.gov. Sincerely, � Doc�u/Signedby- Richard E. Rogers, Jr., Director Division of Water Resources cc: Henderson County Health Department (Electronic Copy) Asheville 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 RECLAIMED WATER GENERATION AND DEDICATED UTILIZATION 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 Nourse Farms NC Acquisition, LLC Henderson County FOR THE continued operation of a 7,010 gallon per day (GPD) reclaimed water generation and dedicated utilization facility consisting o£ a pump station with two 34 gallon per minute (GPM) grinder pumps; two (in series) 8,000 gallon septic tanks with effluent filters; a 6,500 gallon flow equalization tank with two 30 GPM pumps; a 5,000 gallon recirculation tank with two 42 GPM recirculation pumps serving two 2,865 gallon EZ Treat filter media pods; a 5,000 gallon recirculation tank with two 42 GPM recirculation pumps serving two 2,865 gallon EZ Treat filter media pods, and a 20 GPM alkalinity feed pup serving an EZ Treat calcite filter pod that returns to the 6,500 gallon flow equalization tank; a 1,500 gallon disc filter pump tank with two 15 GPM pumps; two 1.5 inch (in) disc filtration systems with a backwash line return to the first septic tank; a turbidity meter; two ultraviolet (UV) disinfection systems each with four lamps; a 1,500 gallon final pump tank with two 28 GPM pumps; an effluent by-pass line return to the first septic tank; a 35,827 gallon synthetically lined 5-day upset pond; a flow meter; hydroponic tank level transducers to control flow between the irrigation tanks and prevent overflow; a backup 500 kilowatt (kW) generator (only 41 kW is required for the reclaimed water facility); and all associated piping, valves, controls, and appurtenances to serve the Lakeside Produce WWTP, with no discharge of wastes to surface waters, pursuant to the application received on September 15, 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 December 31, 2025, shall replace Permit No. WQ0041136 issued on September 30, 2020, 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 July 4, 2025. [15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109] WQ0041136 Version 1.2 Shell Version 230811 Page 1 of 9 IL PERFORMANCE STANDARDS 1. The Permittee shall operate and maintain the subject reclaimed water generation and dedicated utilization 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 utilization areas to assimilate the reclaimed water, the Permittee shall take immediate corrective actions, including Division -required actions, such as the construction of additional or replacement reclaimed water generation and dedicated utilization facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 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), 02U .0108] 3. Reclaimed water quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02U .0301] 4. Reclaimed water generation facilities producing Type 2 reclaimed water pursuant to the standards in 15A NCAC 02U .0301(a) shall provide dual disinfection methods consisting of ultraviolet disinfection and chlorination or equivalent dual disinfection processes. [ 15A NCAC 02U .0401(i)] 5. The Permittee shall tag or label all reclaimed water valves, storage facilities, and outlets to warn the public or employees that the reclaimed water is not for drinking. [ 15A NCAC 02U .0403(b)] 6. The Permittee shall color -code, tape, or otherwise mark all reclaimed water piping, valves, outlets, and other appurtenances to identify the source of the water as reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be on opposite sides of the pipe and repeated every three feet or less. b. Identification tape shall be at least three inches wide and have white or black lettering on a purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK." The Permittee shall install identification tape on top of reclaimed water pipelines fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe. c. The Permittee shall tape or otherwise identify existing underground distribution systems retrofitted for conveying reclaimed water as described in Paragraphs a. and b. above. The Permittee shall perform this identification within 10 feet of any potable water supply line or sanitary sewer line crossing a reclaimed water line. The Permittee does not need to perform this identification for the entire length of the distribution system. [15A NCAC 02U .0403(c)] 7. The Permittee shall secure all reclaimed water valves and outlets such that only Permittee-authorized personnel can operate them. [15A NCAC 02U .0403(d)] 8. The Permittee shall place hose bibs in locked, below -grade vaults and label them non -potable. The Permittee may place hose bibs above ground and label them non -potable if the hose bibs require a tool to operate. [15A NCAC 02U .0403(e)] 9. There shall be no direct cross -connections between the reclaimed water and potable water systems unless such connection is Department -approved pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403 WQ0041136 Version 1.2 Shell Version 230811 Page 2 of 9 10. Reclaimed water distribution lines shall be at least five feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards pursuant to 15A NCAC 18C. [ 15A NCAC 02U .0403(a), 02U .0403(h)] 11. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards pursuant to 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(a), 02U .0403(i)] 12. Reclaimed water distribution lines shall meet the separation distances to sewer lines pursuant to 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .0403(j)] 13. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. The Division originally permitted the treatment and storage units on February 14, 2020, with an application received on August 22, 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: 100, 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), 02U .0701(a), 02U .0701(h), 02U .0701(i)] b. The Division originally permitted the final effluent storage units on February 14, 2020, with an application received on August 22, 2019. The setbacks for final effluent storage units originally permitted or modified with an application received on or after September 1, 2018, are as follows (all distances in feet): Each private or public water supply source: ii. Surface waters: iii. Each well with exception of monitoring wells: 100 50 100 iv. Each property line for final effluent storage units constructed on or after June 18, 50 1 2011: v. Each property line for final effluent storage units constructed prior to June 18, 0 2011: ' 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 02U .0701(b), 02U .0701(h), 02U .0701(i)] WQ0041136 Version 1.2 Shell Version 230811 Page 3 of 9 III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02U .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. f 15A NCAC 02U .0801(a)] 3. 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, 02U .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [ 15A NCAC 02U .0401(e)] 5. The Permittee shall only irrigate reclaimed water generated from the Lakeside Produce WWTP onto the sites listed in Attachment B. [15A NCAC 02U .0101] 6. The Permittee shall prohibit public access to the reclaimed water generation and storage facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 7. The Permittee shall control public access to reclaimed water utilization sites during active site use. [ 15A NCAC 02U .0501(a)(2)] 8. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .1101, 02U .0802]. 9. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02U .0402(a)] 10. The Permittee shall provide a water -tight seal on all reclaimed water generation and storage units or provide two feet of protection from the 100-year floodplain elevation. [ 15A NCAC 02U .0402(i)1 11. The Permittee shall maintain a freeboard of not less than two feet in the 35,827 gallon synthetically lined 5-day upset pond. [15A NCAC 02U .0401(h)] 12. The Permittee shall provide a gauge to monitor freeboard levels in the 35,827 gallon synthetically lined 5-day upset pond. This gauge 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 02U .0801(f)] WQ0041136 Version 1.2 Shell Version 230811 Page 4 of 9 13. 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 02U .0801(g)1 14. The Permittee shall test and calibrate metering equipment annually. [ 15A NCAC 02U .0801(d)] 15. The Permittee shall provide an automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system. If the Permittee employs a generator as an alternate power supply, the Permittee shall test it weekly. [15A NCAC 02U .0401(d)] 16. The Permittee shall provide continuous online monitoring and recording for turbidity or particle count and flow prior to storage, distribution, or utilization of reclaimed water. [ 15A NCAC 02U .0401(b)1 17. If the generated reclaimed water exceeds 10 nephelometric turbidity units (NTUs) or the pathogen limits in Attachment A, the Permittee shall route all generated reclaimed water to the five-day upset pond until the Permittee corrects all problems associated with the reclaimed water generation system. The Permittee shall pump all water in the five-day upset pond back to the treatment plant headworks for re -treatment or treat the water in the five-day upset pond prior to utilization. [15A NCAC 02U .0402 d 18. The Permittee shall provide notification to the public and its employees about the use of reclaimed water and that reclaimed water is not for drinking. The Permittee shall provide notification to employees in a language they understand. [15A NCAC 02U .0501(a)(2)] 19. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. The Permittee shall provide educational material to all residents and/or other facilities provided with reclaimed water. The Permittee shall make all educational materials available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 20. The Permittee may use reclaimed water meeting the Type 2 standards pursuant to 15A NCAC 02U .0301 a indirect contact irrigation of food chain crops that will not undergo peeling, skinning, cooking, or thermal processing before consumption. [15A NCAC 02U .1401(a)(4)1 21. The Permittee shall not use reclaimed water for direct contact irrigation of any food chain crop that will not undergo peeling, skinning, cooking, or thermal processing before consumption. [ 15A NCAC 02U .1401(a)(3)] 22. The Permittee shall not harvest food chain crops irrigated by direct contact with reclaimed water within 24 hours of irrigation. [ 15A NCAC 02U .1401(fl(1)] WQ0041136 Version 1.2 Shell Version 230811 Page 5 of 9 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, reclaimed water, 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), 02U .01081 2. A Division -certified laboratory shall conduct all analyses for the required parameters specified in Attachment A. Parameters measured on -site with in -line metering equipment are exempt from a Division -certified laboratory analysis. [15A NCAC 02H .0805] 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), 02U .0105, 02U .01081 4. The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0105(k), 02T .0108(c), 02U .0105, 02U .0108] 5. 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 35,827 gallon synthetically lined 5-day upset 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), 02U .01081 6. 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 Condition IV.5) 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), 02U .01051 7. 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 02U .0802(b)] 8. 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. Date of turbidimeter calibration. d. Visual observations of the plant and plant site. e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections, cleanings, etc.). f. Date and results of the alternate power supply testing. g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [ 15A NCAC 02U .080I (h)] WQ0041136 Version 1.2 Shell Version 230811 Page 6 of 9 9. The Permittee shall maintain an annual inventory of commercial agricultural operations using reclaimed water to irrigate food chain crops. The Permittee shall maintain this inventory for eight years and shall make it available to the Division upon request. This record shall include: a. Name, owner, address, and telephone number of the agricultural operation. b. Crop types irrigated. c. Irrigation methods used. d. Approximate acreage irrigated. [ 15A NCAC 02U .1401 10. Noncompliance Notification: The Permittee shall report to the Asheville Regional Office, telephone number (828) 296-4500, 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 reclaimed water generation. 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. f Any failure resulting in a discharge of reclaimed water directly to surface waters or any release of reclaimed water to land surface greater than or equal to 5,000 gallons. The Permittee shall document releases less than 5,000 gallons to land surface pursuant to Condition IV.8.g. but does not require Regional Office notification. 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 Asheville 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), 02U .0108] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation and dedicated utilization facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation and dedicated utilization 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 02U .0801 h , 02U .0801(i)] Division -authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the permitted reclaimed water generation and dedicated utilization 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, generated reclaimed water, residual, soil, plant tissue, groundwater, or surface water samples. [G.S. 143-215.3(a)(2)] WQ0041136 Version 1.2 Shell Version 230811 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), 02U .0105] 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 .0108(b)(1)(A), 02U .01081 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), 02U .0105, 02U .0116] 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 , 02U .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 02U. 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, 02U .0110] WQ0041136 Version 1.2 Shell Version 230811 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 02U. 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) via 15A NCAC 02U .0105. [15A NCAC 02T .0120(b), 02T .0120(d), 02U .0120] 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), 02U .0105, 02U .0120] 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), 02U .0105] Permit issued this the I It" day of December 2023 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: W � 3 G�t� D1043082680C48... Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0041136 WQ0041136 Version 1.2 Shell Version 230811 Page 9 of 9 THIS PAGE BLANK ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Nourse Farms NC Acquisition, LLC PPI 001— Reclaimed Water Generation System Effluent Certification Date: December 11, 2023 Permit Number: WQ0041136 Version: 1.2 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 5 10 Monthly Grab 82700 Clostridium perfringens level #/100 mL 5 25 Annually 1 Grab 31616 Coliform, Fecal ME, M-FC Broth, 44.5 °C #/100 mL 3 25 Weekly Grab TBD Coliphage level #/100 mL 5 25 Annually Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 7,010 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 1 2 Monthly Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L Monthly Grab 00620 Nitrogen, Nitrate Total (as N) mg/L Monthly Grab 00600 Nitrogen, Total (as N) mg/L Monthly Grab 00400 pH su Weekly Grab 00665 Phosphorus, Total (as P) mg/L Monthly Grab 00530 Solids, Total Suspended mg/L 5 10 Monthly Grab 00076 Turbidity, HCH Turbidimeter NTU 5 Continuous Recorder 1. The Permittee shall conduct Annual sampling in July. PPI 002 — Distributed Reclaimed Water to Greenhouse Hydroponic System EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Parameter Description Units of Monthly Total Monthly Daily Minimum Daily Maximum Measurement Sample Code Measure Geometric Mean Frequency Type WQ01 Flow, Reclaimed Water Distributed gallons Monthly Estimate WQ0041136 Version 1.2 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Nourse Farms NC Acquisition, LLC Certification Date: December 11, 2023 Permit Number: WQ0041136 Version: 1.2 UTILIZATION AREA INFORMATION Field 0 County Latitude Longitude Net Acreage Approved jum 1-A Nourse Farms NC Acquisition, LLC 9640289092 Henderson 35.366951' - 82.550323' 15.52 Hydroponics 1-B Nourse Farms NC Acquisition, LLC 9640289092 Henderson 35.366951' - 82.548272' 3.46 Hydroponics 2 Nourse Farms NC Acquisition, LLC 9640289092 Henderson 35.367985' - 82.550323' 11.87 Hydroponics Total: 30.85 WQ0041136 Version 1.2 Attachment B Page 1 of 1 :S7 D 3, IU VNASE 1-A 15.I52 At. I/ tl%,0-M�Hm �..1E�eL`p pwr — PR4SE 2 11.87 AC. J W. PH E 1-8 3.46 Ar- 1 � p�Al4K � M NWM A6s 1 7. .00 ,vm-W-too- i ++n wv KEYNOTES, V PROPMM PM.W 1-A. 14L a 2 ME6'MXM FAOUM 2 V a+DPo®arslrsavAaucnG PAtltiw. vuDvosEDuwa¢CAMP lnmucFOR lewauareaon$ PROPOSED WAM WATUt 1REMWNr SY5 AND IIDgr POND. SEE STET 4.1 FOR U1YOUr. 31i€S3PIoaElrAnos !aR OPCdtA1Y101E5 PRIMIE WRER51Rlr WfLL ,qR •DiaiauROwcl mFr w w"srxu�n�Reuarvrt�� rwrr smPlNSAxnwA,uvus umaA�PRo+av >mn WALE S��AMD�Ym1AN�5 rxr. aww:PTn As s I -ISV WQ0041136 Version 1.2 Figures Page 1 of 2 LAKESIDE PROOOCE GREENHOUSE DESIGN ROW = 7,010 GPO ROOD GAI. AVG. FLOW = 4.9 GPM SEPTIC TANK PEAK FLOW = 9.8 GPM WITH FILTER PEAIDNG FACTOR = 2.0 TREATMENT SCHEMATIC EZ TREAT FILTER EZ TREAT FILTER MEDIA PODS t2) MEDIA PODS (2) POD TO BYPASS 3 POD TO BYPASS IJTO100%RECYUE Ij TOI00%RECYUE 8.000 GAL SEPRC TANK 6.500 GAl 30 W,5 40.5 GPM Dist FILTRATION I.SOD GAL SYSTEM (2) TURBIDITY WITH FAT[3l EC)TANK GP[ TINE DOSE TREALIV PUMPTANK METER TMENT oosE uGF. ALTFANATNG 5.000 GAL 5.000 GAL TIMEDOSE RECIRCTANK Al RECIRC TANK *2 EZ TREAT CAN.CM FILTER POD BACKWASH LINE FROM DISC FILTERS (AlKAl1N[TV ADTJSTMBR) EFFUIENT BY-PASS LINE GRAVITY LINE FROM UPSET POND GV UPSET PC1ND WASTEWATER PROCESS SCHEMATIC_ FLOW -DIAGRAM ENGINEERS NOTES �w.saa Nn ns. rams waTO mnAAnoA nwc us or �D�Prao aorsro®aAnivnnAR w�mAnmic m aruc vALvc mAss sLrrwz mi PDam ma . r�na a r a .iAaBOF. rAIN wsfxarN>IesA�a,arDAxv rwsnsrms AtiDer� x, neaD[mTA.nd SYSrtMKw ¢�T.r avuaew wl®.i rs ew+. mAseaysAra ROA..a«trrts oA r xsswaeas, aov.e sat wa. ei.onvu0 Haw Sven coax. L k� OSFDDDCI PLW TAM 0 UPStT MRm MANLft GATE VALVE Ql.WALLY &MATED MUMS 4F VALVAL DNL VALVE > PUMP BYPASS VALVE NORMALLY FLOW KR'EN METER TO GREENHOUSE WATER ,yam V RECYCLE SYSTEMS 'mod TREATED IRRIGIATION 31 fix WATER TANK I.S00 GAL POUND DOSE PUMP TANK Y CLOSED WQ0041136 Version 1.2 Figures Page 2 of 2