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HomeMy WebLinkAboutWQ0043463_Application_202406056 DWR Dlvlsion of water Rzsources 1, EXISTING PFRi11ST T INFORMATION: Stale of lYorlh Carolina Departtnrni of Environmental Quality Division of Water Resoarees NON-DiSCHARGE PERK IT OWNEIi.5111PINAM 01AN(IF; FORM' Ni1PONf 06-16 1, Pcrmincc'g name' Cc r Run Ca bl UC. 2. Signature authority's name. BjUjzLBVXb,' — per 15A NCAC 02T .0 0 h] Tjjlc:,MCmtUrqa,1 3. Permiuce's matIttig address: Ms j',Nuh City' 1Yilst,�l S,atc —XC. zip.1252fL- 4. Permince's contact information: Plio,te nwnbcr: { "5y_] 2-0 •.; ]Inuit Address: 5. I�Ct17[InSS[aI1nI1 of 111�1aT1eal ronsldCtallon for permit apptval — f s MAC 2 ' = llas the Perntimv or any patent, subsidiary or other affiliate exhibited the following? A. Ilan been convicted of envirun,nenial trines under Fcdcraf law or G.S�I_4M] S.6R? ❑ Yes or 21 No b. Has, previously abandoned it w•amclvxtcr itemtit cot facility without praperly dating thaf laciIiFY? ❑ Yes ar 0 Nu c. Ilas unpaid civil penalty where ail appeals have been abandoncd or exhausted? ❑ Yes or ❑✓ No d. Is non-cmplia[it with an cxtstiug non -discharge per inR. scItlemcnI agrectncm or ordcf' ❑ Yes or 0 No c 11as Unpaid annual fees in accordance ►with 1 cA h'[ AC 0j'j 01n5(e)t2l? [] Yes ur 21 No 11. FACILITY INFORNIA'170N: 1. Facility namc: jamily Dnllar - Currie 2. FaciliVA physical addrGtis: gQ$_jpniAgue Read City:-Ctaxic Slate: _tic zip. Cnunty' Pender III. PERMIT INFORMATION - I, hxisung pernul number: WQ00_4jjfi.3 and most recent laxuancr date: 1_M1022 Z. lxibling ltcrmtt type: Wastewwater lrrsgation 3. Reason for the prnnit application; Change of Ownership 4. Has the facility been constnscted" DYes or ❑ No IV. APPLICANT INFORMATION- 1. Applicant's namc: SANMLVCil PLLC 2. %gnaturc authorily's mine: 1`i __ per 151, NCAC Kl- kltlhfbl Title: 3. Applicant's mailing address' J& uburn Canrt_ _ City. E UyjUp, _ Slate: NC1 _ 7ix .2&U4- 4. Applicant's contact infarmauun: Phone numhcr: [ WJZL%�M Email Address: WcgA{na1Wrmgcr_net 5. I]cmnnstration of historical consideration for pens t approval - L 5A NCAC 02'i .01" : Has the Applicant or any parent, subsld:ary or other affiliate exhibited the following? a, Has been convicted of environmenlal crimes tinder Federal law or G 5. 1d3-21J.-61 ? ❑ Yes or 0 No b. alas prpvlously abandoncd a wastewater lltatmcnl facility wtthaat prnperfy clasing that facility? ❑ Ycs or Q No c. I (as unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or 21 No d, is nvn-compliant with an cxisIing non discharge permis, settlement agroenicnt or Ordct! ❑ Yes or [D No c. Has unpaid annual ices in accordance with 15A NCAC 01T 0109u)(21? ❑ Yes Or 0 NO 1� ORM: NDPONC06.16 Page I of 2 Usttng Permill"'s Certlflcalinn per 1, Barnes [3a kiy n McmbcrlM+tna ct _ ����atte.,t Ihal this application for (Signalurc Aulbutily's name & title from Application 11cm 1.1) Family Dollnr - Currie _ T -- -- (Facility name from Application Ilan f(.I ) has been reviewed by me am) is accurate and complete to the hest of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, any discharge of wade+voter front thtc non•diccharge system to surface water., or the land will rcartft in an criforcernent action that inay include civil pcnalucs, injunctive relief, and/or criminal prosecution, I will make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachment., are not included, this application Package will be returned as incomplete. I further certify that the existing Permittee or any affiliate has not bccn convicted of an cm ironmctttal crane, has not abandoned a wnslcwatcr facility without proper closure, floes not have an outstanding civil penalty where all appeals have bccn exhausted or abandoned, are compliant with ,Any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 141-215.6A and 143-215.6fi, any person who knowingly makes any raise statement, rtfirestntation, or ccrtifrcation i any appli� • cation cage shall be guilty of a Class 2 misdemeanor, which may include a fine not 43 exceed 510,000 as wc! !S � @flies o S 060 cr viola Signature: J _ - Bate: r Applicant's Certification per 15A. NCAC 02T-01061b1: 1 Owner C�1t7� %� i � � � � +� attest that this application for (Signalurc Authority's name & title from Application Item lv.2.) Family Dollar - Cwrnc -- (Facility name from Application Item II.I.) is accurato and complete to the best of my knowlodgc. 1 understand that after reissuartce of the permit has been reviewed by me and into the Applicant's name, any discharge of wastewater from this iron -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim agains-t the Division of Water Resources should a condition of this permit be violated. [ also understand that ifall required pans of this application package arc not completed and that if all required supporting information and attachments are not included, this application package will be retumed to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an env ironmeatal crime, has not abandoned a w2.4ctvater Facility withoutproper closure, does not have an outstanding civil prnalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105 f c ;. NOTE — In accordance with General Statutes 43-2 .6A and 143-215.611, any persun who knowingly makes any false statement. representation, or ccrtification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed 510,000 as well as ci penalties up to 00 per violation. n Signature: - - - - — Date: Page 2 of 2 FORM; NDPONC 06 16 BK 4817 G 2209 - 2212 (4) This Document eRecorded: DOC 20118293 07/26/2023 12:0 8:3 3 M Excise Tax.- I - Tax Map No. $ 31410600 Fee: $26.00 Pp.ndp.r r,.nHntv DocType: DEED . �..��. ���...,, North Carolina; Sharon Lear Will oughby, Register of Deeds NORTH CAROLINA SPECIAL WARRANTY DEED Thorp and Clarke - R-0892-23 Tax: $3,410.00 Recording Time, Book and Page Parcel Identifier No. 2285 — 63 — 0939 --- 000 & 2285 — 54 — 9493-000 Mail after recording to: GRANTEE — 3682 Raebum Ct, Fayetteville, NC 28314 This instrument was prepared by,. Charles A, Thomas-, Esq., without title search or tam advice Brief description for the Index: Lots 1 & 2 Map Book 49, Page 59 Pender County Registry &6& ra THIS DEED made this 3 day of July, 2023 by and between GRANTOR CEDAR RUN CAPITAL, L C6, a North Carolina limited liability company Mailing Address: 2405 — F Nash Street NW, Wilson, NC 27896 GRANTEE SANMARGI P CP A North Carolina limited liability company Mailing Address: 3682 Raeburn Ct, Fayetteville, NC 28314 The designation Grantor and Grantee as used herein shall include said parties, fheir heirs, successors, and submitted electronically by "Thorp in compliance with North Carolina and the terms of the submi tte r ag r and Clarke, Pa" statutes governing reco Bement with the Fender rdable documents County Register of Deeds. BK 4817 PG 2210 DOC# 20118293 @- -9 -0 assigns, and shall include singular, plural:, masculine, feminine or neuter as required by context. WITNESS TH, that the Grantor, for a valuable consideration paid by the Grantee is hereby acknowledged, has and by these presents does grant, in fee simple, all that certain lot o the receipt of which bargain, sell and convey unto the Grantee r parcel of land lying and being in the Pender County,, North Carolina, and more partlicularly described below: SEE EXHIBIT'A'ATTAC ED AND INCORPORA11 D HEREIN The property herei'nabove described was acquired by Grantor by instrument recorded in Book 4783 Page 2389.,,,,,,,, Pender County Regishy. **The above described property does not include the primary residence of the Grantor.** TO HAVE AND TO HOLD the aforesaid lot thereto belonging to the Grantee in fee, simple. or parcel of land and all privileges and appurtenances And the Grantor covenants With the Grantee, that Grantor has done nothing to iampair such title as Grantor received, and chat Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. IN W14'NESS VVhIEREOF., the Grantors have hereunto set their hands and seals, or, if corporate, has caused this Deed to be executed by its duly authorized officers or members and its seal to be hereunto afflixed,, the day and year fiirst above written,- [SIGNATURE NEXT PAGE] r 1 BK 4817 PG 2211 DOC# 20118293 NORPIqH CAROLINA COUNTY GRANTOR: C DAR RUN CAPITAL, LLC. (SEAL) Charles A. Thomas / Managing Member I, the undersigned NotaTv Public of the County and State aforesaid, certify that Charles A. Thomas personally appeared before me this day,, and acknowledged to me that he is the Managing Member of Cedar Run Capital, LLC., a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he voluntarily signed the foregoing document in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or sea.I, this the day of July, 2023. '6 My Coinmissionxpires..E�* ���� SSA XOPA01 ^I NV * P .0 do qk } F. Notary Pubic Print Notary Name,- BK 4817 PG 2212 DOC# 20118293 BEING a_ _ of Lots 1 & 2 according Ca7)itjL, C gistry. LLC " Being du.y recorded � I EX3IT A to -��at ma7) entit.ed "Ma-) of Recom�ination for Cedar Run 1p in Ma7) Boo{ 71 at 'Page 27 of t.ie Pender County December 9, 2022 G. BARNES BOYKIN – MEMBER CEDAR RUN CAPITAL, LLC 2405-F NASH STREET WILSON, NORTH CAROLINA 27896 Subject: Permit No. WQ0043463 Family Dollar – Currie WWTF Wastewater Irrigation System Pender County Dear Mr. Boykin: In accordance with your permit application request received May 20, 2022, and subsequent additional information received September 9, 2022, November 15, 2022, and November 21, 2022, we are forwarding herewith Permit No. WQ0043463 dated December 9, 2022, to Cedar Run Capital, LLC for the construction and operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance through December 31, 2029, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than July 4, 2029. Please pay attention to the monitoring requirements listed Attachments A, B, and C. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Lauren Raup-Plummer at (919) 707-3660 or Lauren.Plummer@ncdenr.gov. Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources cc: Pender County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Mr. G. Barnes Boykin December 9, 2022 Page 2 of 2 James W. Holland, PE – McKim & Creed, Inc. (Electronic Copy) Patrick Beggs – Protection and Enforcement Branch (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) WQ0043463 Version 1.0 Shell Version 200201 Page 1 of 11 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Cedar Run Capital, LLC Pender County FOR THE construction and operation of a 260 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a 1,000 gallon septic tank with an effluent filter assembly; a 1,300 gallon recirculation tank with an Orenco Systems® Biotube® pump vault containing two 30 gallon per minute (GPM) at 65 feet (ft) of total dynamic head (TDH) high-head effluent pumps with high-water alarms and two recirculating splitter valves serving two parallel AdvanTex® AX20 textile filters; an ultraviolet (UV) disinfection system with two UV banks each containing one bulb and a maximum disinfection capacity of 10 GPM; a 1,500 gallon effluent dosing tank with two 20 GPM at 100 ft TDH submersible pumps and high-water alarms; an automatic dual zone headworks with an effluent flowmeter, filter, and filter flushing assemblies; an irrigation controller with rain sensor; a 0.0874 acre drip irrigation mound area comprised of two zones; and all associated piping, valves, controls, and appurtenances to serve the Family Dollar – Currie WWTF, with no discharge of wastes to surface waters, pursuant to the application received May 20, 2022, subsequent additional information received September 9, 2022, November 15, 2022, and November 21, 2022, and in conformity with the Division-approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through December 31, 2029, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. Upon completion of construction and prior to operation of this permitted facility, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division-approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports@ncdenr.gov. [15A NCAC 02T .0116(a)] WQ0043463 Version 1.0 Shell Version 200201 Page 2 of 11 2. The Permittee shall notify the Wilmington Regional Office, telephone number (910) 796-7215, at least two business days in advance of initial operation of the constructed facilities so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] 3. The Wilmington Regional Office, telephone number (910) 796-7215, shall approve monitoring well MW-1 prior to installation, and the monitoring well shall be installed prior to beginning waste disposal operations. The Wilmington Regional Office shall be notified at least two business days in advance of construction of any monitoring well. The monitoring well shall be constructed such that the water level in the well is never above or below the screened portion of the well, and in accordance with 15A NCAC 02C .0108. The general location and Division-approved name for each monitoring well is on Figure 1. [15A NCAC 02C .0108, 02T .0108(b)(1)(B)] 4. Within 90 days of completing installation of monitoring well MW-1, the Permittee shall submit two original copies and one digital copy of a site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be granted upon prior approval for large properties. The map shall include the following information: a. Legend, north arrow, scale, and legible in black and white. b. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief. c. All habitable residences or places of assembly within 500 feet of the irrigation area. d. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of the irrigation area. e. Location and identification of each monitoring well (identify any background/upgradient wells). f. Latitude and longitude coordinates of each monitoring wells (decimal degrees to the sixth decimal degree and in NAD83). g. Location and identification of major components of the waste disposal system. h. The perimeter of all irrigation areas with field names (named according to the approved permit) i. Location and ownership of property boundaries within 500 feet of the irrigation area (including road/rail right-of-ways and easements). j. Latitude and longitude of the established horizontal control monument (decimal degrees to the sixth decimal degree). k. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum. l. Depth of water below the measuring point at the time the measuring point is established. m. Delineation of the compliance and review boundaries. n. Distance measurements verifying all setbacks are being met. o. Stormwater drainage controls. p. 100-year floodplain. q. The date the map is prepared and/or revised. Boundaries and physical features not under purview of other licensed professions shall be provided by a Professional Surveyor. Control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities taking place on the property. The map and any supporting documentation shall be sent to the Division of Water Resources, Non- Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699 -1617, or Non- Discharge.Reports@ncdenr.gov. [15A NCAC 02C .0105(f), 02T .0108(b)(1)(B)] 5. Within 30 days of construction, a Well Construction Record (Form GW-1) listing this permit number and the appropriate monitoring well identification number shall be completed for each well constructed, and mailed to the Division of Water Resources, Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports@ncdenr.gov. A North Carolina Certified Well Contractor shall construct the monitoring wells according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. [15A NCAC 02C .0113, 02T .0108(b)(1)(B)] 6. Prior to operation of the newly installed facilities, a Final Operation and Maintenance Plan shall be submitted for review. The plan shall be sent to the Division of Water Resources, Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reports@ncdenr.gov. [15A NCAC 02T .0108(b)(1)(B), 02T .0507(a)] WQ0043463 Version 1.0 Shell Version 200201 Page 3 of 11 7. Upon completion of construction and prior to irrigation, a soil evaluation shall be completed for all areas where fill material is placed within the permitted irrigation areas. The report shall certify that areas utilizing fill material are capable of accepting the designed loading rate. This report shall specifically address, but not be limited to, soil features such as soil compaction and saturated hydraulic conductivity of the least permeable layer, soil fertility report and any amendments added, verification of fill suitability and depth of fill material (and to the seasonal high water table) across the field, as well as any other properties that might impact the soil’s abilit y to accept irrigation water. The soil scientist evaluation shall be mailed to the Division of Water Resources, Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reports@ncdenr.gov. Irrigation shall not occur until the Wilmington Regional Office approves the soils evaluation. [15A NCAC 02T .0108(b)(1)(A)] 8. The Permittee shall request renewal of this permit on Division-approved forms no later than July 4, 2029. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject non-discharge facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0505(b)] 5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] 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 .0505(x)] 7. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary, whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)] 8. The review boundary is midway between the compliance boundary and the wastewater irrigation area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L .0106(d)(1), 02L .0108] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(c)] WQ0043463 Version 1.0 Shell Version 200201 Page 4 of 11 10. No wells, excluding Division-approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 11. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Pender County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 12. The facilities herein were permitted per the following setbacks: a. The irrigation sites were originally permitted December 9, 2022. The setbacks for drip irrigation sites originally permitted or modified 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 1 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 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Public right of way: 50 xiii. Nitrification field: 20 xiv. Each building foundation or basement: 15 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02T .0506(a), 02T .0506(e), 02T .0506(f)] WQ0043463 Version 1.0 Shell Version 200201 Page 5 of 11 b. The storage and treatment units were originally permitted December 9, 2022. The setbacks for storage and treatment units originally permitted or modified on or after September 1, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 100 1 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 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02T .0506(b), 02T .0506(e), 02T .0506(f)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non-discharge system. [15A NCAC 02T .0500] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0507(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 their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T .0507(b)] 5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [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)] 7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0507(d)] 8. Only treated effluent from the Family Dollar – Currie WWTF shall be irrigated on 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)] 10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities. [15A NCAC 02T .0505(q)] 11. The Permittee shall dispose or utilize generated residuals in a Division-approved manner. [15A NCAC 02T .0508, 02T .1100]. WQ0043463 Version 1.0 Shell Version 200201 Page 6 of 11 12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0505(j)] 13. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0507(g)] 14. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)] 15. Plumbing serving the Family Dollar – Currie WWTF shall be equipped with low-flow fixtures such as spring-loaded or automatically activated faucets, low-flow urinals, and low-flow toilets. [15A NCAC 02T .0108(b)(1)(A)] 16. The Permittee and/or tenants shall prohibit public access to plumbing fixtures serving the Family Dollar – Currie WWTF. Signage denoting “Employees-Only” access shall be provided. [15A NCAC 02T .0108(b)(1)(A)] 17. The Permittee and/or tenants are prohibited from disposing of any food waste (solid or liquid) into the plumbing fixtures serving the Family Dollar – Currie WWTF. [15A NCAC 02T .0108(b)(1)(A)] 18. The Permittee shall develop and implement an education program to inform tenants and its employees about restrictions to the wastewater system (as specified in Conditions III.16 and III.17). Educational material shall be provided to all employees in a language they understand. All educational materials shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)(A)] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring 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 effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of effluent irrigated. These records 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 time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non-hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] WQ0043463 Version 1.0 Shell Version 200201 Page 7 of 11 6. Three copies of all monitoring data (as specified in Conditions IV.3. and IV.4.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Condition IV.5.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(l)] 7. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record 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. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0508(b)] 8. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made 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; and d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0507(h)] 9. Monitoring well MW-1 shall be sampled after construction, and within three months prior to initiating wastewater irrigation operations. Monitoring well MW-1 shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms, and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 10. For initial sampling of monitoring well MW-1, the Permittee shall submit a Compliance Monitoring Form (GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW-59) without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be returned to the Permittee without being processed. [15A NCAC 02T .0105(m)] WQ0043463 Version 1.0 Shell Version 200201 Page 8 of 11 11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for five years, and shall be made 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)] 13. Noncompliance Notification: The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage o f a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering 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 telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Wilmington 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)] WQ0043463 Version 1.0 Shell Version 200201 Page 9 of 11 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)] 2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0507(h), 02T .0507(i)] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division-approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division-approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor-owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division-approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .0105(j)] WQ0043463 Version 1.0 Shell Version 200201 Page 10 of 11 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. 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 any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee’s failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 9th day of December 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ____________________________________________ Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0043463 WQ0043463 Version 1.0 Shell Version 200201 Page 11 of 11 Permit No. WQ0043463 Wastewater Irrigation System Cedar Run Capital, LLC December 9, 2022 Family Dollar – Currie WWTF Pender County ENGINEERING CERTIFICATION Partial Final I, , as a duly licensed North Carolina Professional Engineer, having periodically / fully observed the construction of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division-approved plans and specifications. Documentation of any variation to this permit, and the Division-approved plans and specifications, is in the attached as-built drawings. Description of variations: Professional Engineer’s Name Firm Name Firm No. Address City State Zip Code Telephone Email Seal, Signature, and Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON-DISCHARGE BRANCH By U.S. Postal Service By Courier/Special Delivery 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 THIS PAGE BLANK WQ0043463 Version 1.0 Attachment A Page 1 of 1 ATTACHMENT A – LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0043463 Version: 1.0 PPI 001 – WWTF Effluent 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 ºC) mg/L 30 Annually 1 Grab 00940 Chloride (as Cl) mg/L 3 x Year 2 Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 ºC #/100 mL 200 Annually 1 Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 260 Monthly Estimate 00610 Nitrogen, Ammonia Total (as N) mg/L 15 Annually 1 Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L Annually 1 Grab 00620 Nitrogen, Nitrate Total (as N) mg/L Annually 1 Grab 00600 Nitrogen, Total (as N) mg/L Annually 1 Grab 00400 pH su Weekly Grab 00665 Phosphorus, Total (as P) mg/L Annually 1 Grab 70300 Solids, Total Dissolved – 180 ºC mg/L 3 x Year 2 Grab 00530 Solids, Total Suspended mg/L 30 Annually 1 Grab 1. Annual sampling shall be conducted in July. 2. 3 x Year monitoring shall be conducted in March, July, and November. THIS PAGE BLANK WQ0043463 Version 1.0 Attachment B Page 1 of 1 ATTACHMENT B – APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0043463 Version: 1.0 Cedar Run Capital, LLC – Family Dollar – Currie WWTF IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units Zone 1 Cedar Run Capital, LLC Pender 33.443996° -78.050510° 0.0437 Murville Muck 01284 – Non-Discharge Application Rate 0.008 39.99 inches Zone 2 Cedar Run Capital, LLC Pender 33.443999° -78.051111° 0.0437 Murville Muck 01284 – Non-Discharge Application Rate 0.008 39.99 inches Totals 0.0874 THIS PAGE BLANK WQ0043463 Version 1.0 Attachment C Page 1 of 1 ATTACHMENT C – GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0043463 Version: 1.0 Monitoring Wells: MW-1 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00940 Chloride (as Cl) 250 mg/L 3 x Year 1 Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 ºC #/100 mL 3 x Year 1 Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Year 1 Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year 1 Grab 1 00400 pH 6.5-8.5 su 3 x Year 1 Grab 1, 2 00665 Phosphorus, Total (as P) mg/L 3 x Year 1 Grab 1 70300 Solids, Total Dissolved - 180 ºC 500 mg/L 3 x Year 1 Grab 1 82546 Water Level, Distance from measuring point feet 3 x Year 1 Calculated 1, 2, 3 1. 3 x Year monitoring shall be conducted in March, July, and November. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment. 1. Wu/ I \— u I \C)U—u7MVVIINt— \UVIL\,w i —UO//- i UUU I—rLANUS. I b.2U22.UWU UY/08/2022 1 6:10:08 NATALIE DELL FIGURE 1