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WQ0043421_Final Permit_20240708
July 8, 2024 DAVID HUGHES – MANAGER SHINNVILLE FARMS DEVELOPMENT PARTNERS, LLC 236 RACEWAY DRIVE – SUITE 7 MOORESVILLE, NORTH CAROLINA 28117 Subject: Permit No. WQ0043421 Shinn Village WWTF Reclaimed Water Generation and Dedicated Utilization System Iredell County Dear Mr. Hughes, In response to your permit major modification request received on January 4, 2024, and subsequent additional information received on May 10, 2024, we are forwarding herewith Permit No. WQ0043421 dated July 8, 2024, to Shinnville Farms Development Partners, LLC, for the construction and operation of the subject reclaimed water generation and dedicated utilization facilities. Modifications to the subject permit are as follows: ➢ The Division has approved the proposed modifications to the spray irrigation sites, which include revisions to net acreages and designed annual loading rates (inches/year), based on Iredell County’s required 45-foot property line setback. ➢ The Division has increased the permitted monthly average flow from 23,475 gallons per day (GPD) to 52,150 GPD and revised all language to “construction and operation” because the Permittee will construct an onsite access road to Fields 4, 5, and 6. This permit is effective from the date of issuance through October 31, 2029, shall replace Permit No. WQ0043421 issued on May 16, 2023, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than May 4, 2029. Please pay attention to the monitoring requirements listed in Attachments A, B, and C 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. Mr. David Hughes July 8, 2024 Page 2 of 4 The Division has removed the following permit conditions since the last permit issuance dated May 16, 2023: ➢ Old Conditions I.3 and III.26 – The Division has removed these conditions because the Permittee will construct an onsite access road to Fields 4, 5, and 6. ➢ Old Condition I.8 – The Division has removed this condition because the Permittee has completed this Compliance Schedule. ➢ Old Condition II.3 – The Division has removed this condition because Condition I.4 includes this language. ➢ Old Condition II.19 – The Division has removed this condition because the Permittee owns all the irrigation sites. The following permit conditions and attachments are new or modified since the last permit issuance dated May 16, 2023: ➢ Conditions I.4 and I.5 – The Division has modified Old Conditions I.5 and I.6 to remove monitoring well CW-1 because the Division has approved its construction. The Division has modified Old Condition I.5 to include “…in Fields 4, 5, and 6”. ➢ Condition I.6 – The Division has modified Old Condition I.7 to replace “Within 30 days of construction…” with “Within 30 days of installation of monitoring well CW-2…”. ➢ Conditions I.10, I.11, and I.12 – The Division has moved Old Conditions VI.5, VI.11, and VI.12 from Section VI to Section I. ➢ Condition II.1 – The Division has modified Old Condition II.1 to include “…or failure of the utilization areas to assimilate the reclaimed water…”. ➢ Condition II.13 – The Division has modified Old Condition II.17 to replace “…apply for a permit modification to establish a new compliance boundary prior to…” with “…notify the Division of…”. ➢ Condition II.18 – The Division has revised the setbacks in Old Condition II.19 to correspond to the modified facility. ➢ Condition III.8 – The Division has modified Old Condition III.8 to replace “…once per permit cycle” with “…annually”. ➢ Condition III.12 – The Division has modified Old Condition III.12 to remove “Such controls may include the posting of signs showing the activities being conducted at each site”. ➢ Condition III.23 – The Division has modified Old Condition III.23 to remove “…and these materials shall be maintained consistent with the reclaimed water uses”. ➢ Condition IV.1 – The Division has modified Old Condition IV.1 to include “…including the monitoring of groundwater, surface water or wetlands, waste, reclaimed water, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if…”. Mr. David Hughes July 8, 2024 Page 3 of 4 ➢ Condition IV.2 – The Division has modified Old Condition IV.2 to include “Parameters measured on-site with in-line metering equipment are exempt from a Division-certified laboratory analysis”. ➢ Conditions IV.6, IV.8, IV.9, and V.2 – The Division has modified the recordkeeping duration in Old Conditions IV.6, IV.8, IV.9, and V.2 from five years to eight years because the next permit renewal will be for eight years pursuant to 15A NCAC 02T .0111(e). ➢ Condition IV.10 – The Division has modified Old Condition IV.10 to remove monitoring well CW-1 because the Division has approved its construction and to replace “…after construction, and within three months prior to initiating reclaimed water utilization operations” with “…within 30 days of construction”. ➢ Condition IV.11 – The Permittee shall sample monitoring well CW-1 at the frequencies and for the parameters specified in Attachment C. ➢ Condition V.3 – The Division has modified Old Condition V.3 to replace “…groundwater, surface water, or leachate samples” with “…influent, treatment process water, generated reclaimed water, residual, soil, plant tissue, groundwater, or surface water samples”. ➢ Condition VI.10 – The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule in G.S. 143-215.3D(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. ➢ Attachment A – The Division has revised the permitted monthly average flow to 52,150 GPD. ➢ Attachment B – The Division has revised the net acreages and designed annual loading rates (inches/year) accordingly. 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. 150B-23(a). Mr. David Hughes July 8, 2024 Page 4 of 4 Included with this permit are Division-approved plans and specifications. If you need additional information concerning this permit, please contact Zachary Mega at (919) 707-3658 or zachary.mega@deq.nc.gov. Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources cc: Iredell County Health Department (Electronic Copy) Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Gary S. MacConnell, PE – MacConnell & Associates, P.C. (Electronic Copy) Operator Certification Program (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) WQ0043421 Version 1.1 Shell Version 230811 Page 1 of 14 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 Shinnville Farms Development Partners, LLC Iredell County FOR THE operation of a 52,150 gallon per day (GPD) reclaimed water generation and dedicated utilization facility consisting of the: construction and operation of a 69,070 GPD reclaimed water generation system consisting of: an influent flow meter; two 18,000 gallon surge tanks in series with six effluent filters in the second tank; two treatment trains each consisting of an 18,000 gallon flow equalization tank with two 80 gallon per minute (GPM) submersible pumps and audible/visual high-water alarms, four E-Z Treat POD Big EZ-6L treatment units and a E-Z Treat Model 600 calcite filter served by two 12,000 gallon recirculation tanks each containing four 90 GPM submersible recirculation pumps, audible/visual high-water alarms, and five control panels dosing five synthetic media filters; six additional E-Z Treat POD Big EZ-6L treatment units served by two 12,000 gallon recirculation tanks in series with eight 90 GPM submersible recirculation pumps in the first tank and four 90 GPM submersible recirculation pumps in the second tank, audible/visual high-water alarms, and six control panels dosing six synthetic media filters; three E-Z Treat Model 404 40 GPM ultraviolet (UV) disinfection units in series; a 18,000 gallon wet weather storage pond dosing tank with four 13.6 GPM submersible calcite filter pumps, two 30 GPM submersible denitrification pumps, audible/visual high-water alarms, an effluent filter, and a turbidimeter; a 346,347 gallon five-day upset pond; a 32 GPM duplex return pump station with audible/visual high-water alarms; a 150 kilowatt (kW) automatically activated standby generator; and all associated piping, valves, controls, and appurtenances; and the construction and operation of a 52,150 GPD dedicated utilization system consisting of: a 2.26 million gallon (MG) wet weather storage pond; a 30,000 gallon chlorine contact/field dosing tank with two 261 GPM submersible field dosing pumps; a chlorine/metering building with an effluent flow meter, a rain sensor, and a liquid chlorine feed system (sodium hypochlorite) consisting of two 7.5 GPD chemical metering pumps and a storage/containment area with capacity for two 55 gallon drums; an 18.25 acre spray irrigation area comprised of six fields seeded with fescue/hay to be harvested for agricultural feedstock; and all associated piping, valves, controls, and appurtenances to serve the Shinn Village WWTF, with no discharge of wastes to surface waters, pursuant to the application received on January 4, 2024, subsequent additional information received on May 10, 2024, 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 October 31, 2029, shall replace Permit No. WQ0043421 issued on May 16, 2023, and is subject to the following conditions and limitations: WQ0043421 Version 1.1 Shell Version 230811 Page 2 of 14 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 pursuant to G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, 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. The Permittee shall submit the Engineering Certification via the Non-Discharge online portal. [15A NCAC 02T .0116(a), 02U .0116] 2. The Permittee shall notify the Mooresville Regional Office, telephone number (704) 663-1699, at least two business days in advance of the initial operation of the constructed facilities so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 3. The Permittee shall notify the Mooresville Regional Office, telephone number (704) 663-1699, at least two business days in advance of the initial agricultural harvesting of the dedicated utilization sites. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 4. The Mooresville Regional Office, telephone number (704) 663-1699, shall approve monitoring well CW-2 prior to installation, and the Permittee shall have the monitoring well installed prior to beginning waste disposal operations in Fields 4, 5, and 6. The Permittee shall notify the Mooresville Regional Office at least two business days in advance of the construction of any monitoring well. A North Carolina certified well contractor shall construct the monitoring well pursuant to 15A NCAC 02C .0108 and local county rules, and such that the water level is within the screened portion of the well. The location and Division-approved name for each monitoring well are on the attached Figure 2. [15A NCAC 02C .0108, 02T .0108(b)(1)(B), 02U .0108] 5. Within 90 days of installation of monitoring well CW-2, the Permittee shall submit a site map that shall include: a. Legend, north arrow, and scale. 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 utilization 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 utilization area. e. Location and identification of each monitoring well. f. Latitude and longitude coordinates of each monitoring well to the sixth decimal degree. g. Location and identification of all reclaimed water generation and storage units. h. The perimeter of all utilization areas with field names as listed in Attachment B. i. Location and ownership of property boundaries within 500 feet of the utilization area, including rights-of-way and easements. j. Latitude and longitude coordinates of the established horizontal control monument 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. m. Delineation of the compliance and review boundaries. n. Distance measurements verifying all setbacks. o. Stormwater drainage controls. p. 100-year floodplain (if present). q. The date the map is prepared or revised. A Professional Surveyor shall provide boundaries and physical features not under the purview of other licensed professionals. A licensed or certified professional shall install the control monuments in such a manner and composed of such materials to protect the monuments from damage. The Permittee shall submit the Site Map via the Non-Discharge online portal. [15A NCAC 02C .0105(e)(5), 02T .0108(b)(1)(B), 02U .0108, 02U .0201(d)] WQ0043421 Version 1.1 Shell Version 230811 Page 3 of 14 6. Within 30 days of installation of monitoring well CW-2, the Permittee shall submit a Well Construction Record (Form GW-1) for each constructed monitoring well. Each form shall include this permit number and the monitoring well name as listed in Attachment C. The Permittee shall submit the Well Construction Records via the Non-Discharge online portal. [15A NCAC 02C .0306(c), 02T .0108(b)(1)(B), 02U .0108] 7. Prior to the operation of the reclaimed water generation and dedicated utilization system, the Permittee shall install gauges to monitor freeboard levels in the 346,347 gallon five-day upset pond and 2.26 MG wet weather storage pond. [15A NCAC 02T .0108(b)(1)(B), 02U .0108, 02U .0401(h)] 8. Prior to the operation of the reclaimed water generation and dedicated utilization system, the Permittee shall submit a final Operation and Maintenance Plan. The Permittee shall submit the final Operation and Maintenance Plan via the Non-Discharge online portal. [15A NCAC 02T .0108(b)(1)(B), 02U .0108, 02U .0801(a)] 9. Upon completion of construction and prior to utilization, a North Carolina licensed Soil Scientist shall conduct a soil evaluation of all utilization areas with placed fill material. The evaluation shall certify that utilization areas using fill material can accept the permitted loading rate. This evaluation shall specifically address soil features such as soil compaction and saturated hydraulic conductivity of the least permeable layer; soil fertility and amendments added; verification of fill suitability and depth of fill material to the ground surface and the seasonal high water table; and any other properties that might impact the soil’s ability to accept utilized reclaimed water. The Permittee shall submit the Soil Evaluation via the Non-Discharge online portal. The Permittee shall not operate the utilization system until the Mooresville Regional Office approves the soil evaluation. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 10. 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)] 11. Pursuant to the flow reduction request received on October 14, 2021, and approved on April 4, 2022, the Division accepts the data-based design flow rate of 90 gallons per day per bedroom (GPD/BR) for the users served by this facility. At no time shall generated reclaimed water flows exceed the limits defined in this permit. The Permittee shall report the measured monthly average amount of generated reclaimed water 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 GPD/BR and submit this information with the renewal application for reevaluation of the approved flow rate. [15A NCAC 02T .0114(f), 02U .0114] 12. 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 .0114(f)(4), 02U .0114] 13. The Permittee shall request renewal of this permit on Division-approved forms no later than May 4, 2029. [15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109] WQ0043421 Version 1.1 Shell Version 230811 Page 4 of 14 II. 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. The Permittee shall not utilize generated reclaimed water in exceedance of the hydraulic and agronomic rates specified in Attachment B. [15A NCAC 02U .0401(g)] 5. The attached Operational Agreement is a condition of this permit. Noncompliance with the terms of the Operational 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 .0115, 02U .0115] 6. The Permittee shall connect the reclaimed water utilization system to a rain or moisture sensor designed to prevent irrigation during precipitation events or wet conditions. [15A NCAC 02U .0401(k)] 7. 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)] 8. 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) identifica tion 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)] 9. The Permittee shall secure all reclaimed water valves and outlets such that only Permittee -authorized personnel can operate them. [15A NCAC 02U .0403(d)] WQ0043421 Version 1.1 Shell Version 230811 Page 5 of 14 10. 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)] 11. 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(f)] 12. For reclaimed water irrigation fields permitted on or after September 1, 2006, the Division has established the compliance and review boundaries at the irrigation area boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require the Permittee to take corrective action. The Division shall note any Division-approved relocation of the compliance boundary in Attachment B. The Division shall consider multiple contiguous properties under common ownership and permitted for use as a disposal system as a single property regarding the determination of a compliance boundary. [15A NCAC 02L .0106(e), 02L .0107(c), 02L .0107(f), 02T .0105(h), 02U .0501(a)(6)] 13. 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(l)] 14. The Permittee or any landowner who owns land within the compliance boundary shall not construct any water supply wells within the compliance boundary. [15A NCAC 02L .0107(i)] 15. 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(g), 02U .0403(h)] 16. 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(g), 02U .0403(i)] 17. 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)] 18. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. The Division permitted modifications to the reclaimed water irrigation sites on July 8, 2024, with an application received on January 4, 2024. The setbacks for spray reclaimed water irrigation sites originally permitted or modified with an application received on or after September 1, 2018, are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each well with exception of monitoring wells: 100 [15A NCAC 02U .0701(c), 02U .0701(d)] WQ0043421 Version 1.1 Shell Version 230811 Page 6 of 14 b. The Division originally permitted the treatment and storage units on May 16, 2023, with an application received on May 6, 2022. 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 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 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)] c. The Division originally permitted the final effluent storage units on May 16, 2023, with an application received on May 6, 2022. 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): i. Each private or public water supply source: 100 ii. Surface waters: 50 iii. Each well with exception of monitoring wells: 100 iv. Each property line for final effluent storage units constructed on or after June 18, 2011: 50 1 v. Each property line for final effluent storage units constructed prior to June 18, 2011: 0 1 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)] WQ0043421 Version 1.1 Shell Version 230811 Page 7 of 14 III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject facilities as a non-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. [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 maintain a year-round vegetative cover on the irrigation area such that crop health is optimal and allows even reclaimed water distribution and inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent reclaimed water ponding in or runoff from the irrigation area. [15A NCAC 02U .0801(c)] 7. The Permittee shall not irrigate generated reclaimed water during inclement weather or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)] 8. The Permittee shall test and calibrate the irrigation equipment annually. [15A NCAC 02U .0801(d)] 9. The Permittee shall only irrigate reclaimed water generated from the Shinn Village WWTF onto the sites listed in Attachment B. [15A NCAC 02U .0101] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [15A NCAC 02U .0801(e)] 11. The Permittee shall prohibit public access to the reclaimed water generation and storage facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 12. The Permittee shall control public access to reclaimed water utilization sites during active site use. [15A NCAC 02U .0501(a)(2)] 13. The Permittee shall dispose of or utilize generated residuals in a Division-approved manner. [15A NCAC 02T .1101, 02U .0802]. WQ0043421 Version 1.1 Shell Version 230811 Page 8 of 14 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02U .0402(g)] 15. The Permittee shall maintain a freeboard of not less than two feet in the 346,347 gallon five-day upset pond and 2.26 MG wet weather storage pond. [15A NCAC 02U .0401(h)] 16. The Permittee shall provide gauges to monitor freeboard levels in the 346,347 gallon five-day upset pond and 2.26 MG wet weather storage pond. These gauges shall have readily visible permanent markings, at inch or tenth of foot increments, indicating the following elevations: the maximum liquid level at the top of the temporary liquid storage volume, the minimum liquid level at the bottom of the temporary liquid storage volume, and the lowest point on top of the dam. [15A NCAC 02U .0801(f)] 17. 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)] 18. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02U .0801(d)] 19. 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)] 20. 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)] 21. 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)] 22. 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)] 23. 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)] 24. The Permittee shall regularly inspect risers and sprinkler heads for signs of damage, disrepair, and vandalism. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 25. The Permittee shall inspect the spray irrigation sites and irrigation equipment after harvesting activities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] WQ0043421 Version 1.1 Shell Version 230811 Page 9 of 14 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 .0108] 2. A Division-certified laboratory shall conduct all analyses for the required parameters specified in Attachments A and C. Parameters measured on-site with in-line metering equipment are exempt from a Division-certified laboratory analysis. [15A NCAC 02H .0805] 3. The Permittee shall continuously monitor flow through the treatment facility and report daily flow values on Form NDMR. Facilities with a permitted flow of less than 10,000 GPD may estimate its flow from water usage records provided the water source has a metering device. [15A NCAC 02T .0105(k), 02T .0108(c), 02U .0105, 02U .0108] 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 maintain records tracking the amount of reclaimed water irrigated, which shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation. b. Volume of effluent irrigated. c. Site irrigated. d. Length of site irrigation time. e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings. f. Continuous monthly and year-to-date loadings for any non-hydraulic parameter specifically limited in Attachment B. g. Weather conditions. h. Maintenance of cover crops. [15A NCAC 02T .0108(c), 02U .0108] 6. The Permittee shall measure and record weekly to the nearest inch or tenth of a foot of freeboard (i.e., the waste level to the lowest embankment elevation) in the 346,347 gallon five-day upset pond and 2.26 MG wet weather storage pond. The Permittee shall maintain the weekly freeboard records for eight years and shall make them available to the Division upon request. [15A NCAC 02T .0108(c), 02U .0108] 7. On or before the last day of the month following the previous month’s sampling, t he Permittee shall submit monitoring data (as specified in Conditions IV.3 and IV.4) on Form NDMR for each PPI and operation and disposal records (as specified in Conditions IV.5 and IV.6) on Form NDAR-1 for every site in Attachment B. If no activities occurred during the monitoring month, the Permittee shall still submit monitoring reports documenting the absence of the activity. The Permittee shall submit the reports via the Non-Discharge monitoring report portal. [15A NCAC 02T .0105(l), 02U .0105] 8. The Permittee shall maintain records of all residuals removed from this facility. The Permittee shall maintain these records for eight years and shall make them available to the Division upon request. These records shall include: a. Name of the residuals hauler. b. Non-Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals. c. Residuals hauling date. d. Volume of residuals removed. [15A NCAC 02U .0802(b)] WQ0043421 Version 1.1 Shell Version 230811 Page 10 of 14 9. The Permittee shall keep a log of all maintenance done at this facility. The Permittee shall maintain this log for eight years and shall make it available to the Division upon request. This log shall include: a. Date of flow measurement device calibration. b. Date of irrigation equipment calibration. c. 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 .0801(h)] 10. The Permittee shall sample monitoring well CW-2 within 30 days of construction. The Permittee shall then sample monitoring well CW-2 at the frequencies and for the parameters specified in Attachment C. [15A NCAC 02T .0105(m), 02U .0105] 11. The Permittee shall sample monitoring well CW-1 at the frequencies and for the parameters specified in Attachment C. [15A NCAC 02T .0105(m), 02U .0105] 12. On or before the last day of the month following the previous month’s sampling, the Permittee shall submit a Compliance Monitoring Form (GW-59) and its associated laboratory analyses for each monitoring well in Attachment C. The Permittee shall submit the Compliance Monitoring Forms via the Non-Discharge monitoring report portal. [15A NCAC 02T .0105(m), 02U .0105] 13. Noncompliance Notification: The Permittee shall report to the Mooresville Regional Office, telephone number (704) 663-1699, 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.9.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 Mooresville 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] WQ0043421 Version 1.1 Shell Version 230811 Page 11 of 14 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)] 3. 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)] VI. 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)] 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 .0108] 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(j), 02U .0105] WQ0043421 Version 1.1 Shell Version 230811 Page 12 of 14 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] 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] WQ0043421 Version 1.1 Shell Version 230811 Page 13 of 14 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), 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. 143-215.3D(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 8th day of July 2024 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ____________________________________________ Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0043421 WQ0043421 Version 1.1 Shell Version 230811 Page 14 of 14 Permit No. WQ0043421 Shinnville Farms Development Partners, LLC Reclaimed Water Generation and Dedicated Utilization System Shinn Village WWTF July 8, 2024 Iredell 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 02U, 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 PERMITTEE SHALL SUBMIT THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, VIA THE NON-DISCHARGE ONLINE PORTAL. ATTACHMENT A – LIMITATIONS AND MONITORING REQUIREMENTS Certification Date: July 8, 2024 Shinnville Farms Development Partners, LLC Permit Number: WQ0043421 Version: 1.1 WQ0043421 Version 1.1 Attachment A Page 1 of 1 PPI 001 – Reclaimed Water Generation System 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 10 15 4 x Year 1 Grab 00940 Chloride (as Cl) mg/L 3 x Year 2 Grab 50060 Chlorine, Total Residual mg/L Weekly Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 ºC #/100 mL 14 25 4 x Year 1 Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 52,150 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 6 4 x Year 1 Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 4 x Year 1 Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 4 x Year 1 Grab 00600 Nitrogen, Total (as N) mg/L 4 x Year 1 Grab 00400 pH su Weekly Grab 00665 Phosphorus, Total (as P) mg/L 4 x Year 1 Grab 70300 Solids, Total Dissolved – 180 ºC mg/L 3 x Year 2 Grab 00530 Solids, Total Suspended mg/L 5 10 4 x Year 1 Grab 00076 Turbidity, HCH Turbidimeter NTU 10 Continuous Recorder 1. The Permittee shall conduct 4 x Year sampling in March, May, July, and November. 2. The Permittee shall conduct 3 x Year sampling in March, July, and November. THIS PAGE BLANK ATTACHMENT B – APPROVED LAND APPLICATION SITES AND LIMITATIONS Certification Date: July 8, 2024 Shinnville Farms Development Partners, LLC Permit Number: WQ0043421 Version: 1.1 WQ0043421 Version 1.1 Attachment B Page 1 of 1 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner Parcel No. County Latitude Longitude Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 1 Shinnville Farms Development Partners, LLC 4669461190 Iredell 35.651142° -80.801894° 3.00 Pacolet – PcB2 01284 – Non-Discharge Application Rate 0.3 36.73 inches 2 Shinnville Farms Development Partners, LLC 4669461190 Iredell 35.650651° -80.802007° 4.01 Pacolet – PcB2 01284 – Non-Discharge Application Rate 0.3 39.39 inches 3 Shinnville Farms Development Partners, LLC 4669461190 Iredell 35.650037° -80.802091° 1.91 Pacolet – PcB2 01284 – Non-Discharge Application Rate 0.3 36.86 inches 4 Shinnville Farms Development Partners, LLC 4669461190 Iredell 35.649358° -80.795351° 3.29 Pacolet – PcB2 01284 – Non-Discharge Application Rate 0.3 39.87 inches 5 Shinnville Farms Development Partners, LLC 4669461190 Iredell 35.649189° -80.795701° 3.83 Pacolet – PcB2 01284 – Non-Discharge Application Rate 0.3 38.49 inches 6 Shinnville Farms Development Partners, LLC 4669461190 Iredell 35.649499° -80.796626° 2.21 Pacolet – PcB2 01284 – Non-Discharge Application Rate 0.3 38.07 inches Total: 18.25 THIS PAGE BLANK ATTACHMENT C – GROUNDWATER MONITORING AND LIMITATIONS Certification Date: July 8, 2024 Shinnville Farms Development Partners, LLC Permit Number: WQ0043421 Version: 1.1 WQ0043421 Version 1.1 Attachment C Page 1 of 1 Monitoring Wells: CW-1 and CW-2 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 Grab 1 31616 Coliform, Fecal MF, M-FC Broth, 44.5 ºC #/100 mL 3 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 3 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 3 x Year Grab 1 00400 pH 6.5-8.5 su 3 x Year Grab 1, 2 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 1 70300 Solids, Total Dissolved - 180 ºC 500 mg/L 3 x Year Grab 1 82546 Water Level, Distance from measuring point feet 3 x Year Calculated 1, 2, 3 1. The Permittee shall conduct 3 x Year monitoring in March, July, and November. 2. The Permittee shall measure the water levels prior to purging the wells. The Permittee shall measure the depth to water in each well from the surveyed point on the top of the casing. The Permittee shall measure pH after purging and prior to sampling for the remaining parameters. 3. The Permittee shall survey the measuring points (top of well casing) of all monitoring wells to provide the relative elevation of the measuring point for each monitoring well. The Permittee shall survey the measuring points (top of casing) of all monitoring wells relative to a common datum. 4. The Permittee shall report monitoring well data on Compliance Monitoring Forms (GW-59s) consistent with the nomenclature and location information provided in this attachment. STATE OF NORTH CAROLINA COUNTY OF Iredell Permit No. DEVELOPER'S OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dI) and entered into this day of by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and S innville Farms Development Partners. LLQ, a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. WITNESSETH: I. The DEVELOPER is the owner of the certain lands lying in Iredell County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Shinn Village Subdivision (hereinafter the Development). 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, Shinn Village Subdivision _(hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction andrepair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions andlaw. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. FORM: DEV 03-19 Page I oF2 WQ0043421 16th May 2023 4.The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System andappurtenances thereto are part of the common elements and shall thereafter be properly maintained andoperated in conformity with law and the provisions of the permit for construction, operation, repair, andmaintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewatertreatment, collection and disposal system as a common element which will r�ceive the highest priority forexpenditures by the Association except for Federal, State, and local taxes and insurance.5.The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System willbe maintained out of the common expenses. ln order to assure that there shall be funds readily available torepair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be partof the yearly budget.6.In the event the common expense allocation and separate fund are not adequate for the construction, repair,and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for specialassessments to cover such necessary costs. There shall be no limit on the amount of such assessments, andthe Declaration and Bylaws shall provide that such special assessments can be made as necessary at anytime.7.If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,town, village, county, water and sewer authorities, or other unit of government shall hereinafter becomeavailable to serve the Development, the DEVELOPER shall take such action as is necessary to cause theexisting and future wastewater of the Development to be accepted and discharged into said governmentalsystem, and shall convey or transfer as much of the Disposal System and such necessary easements as thegovernmental unit may require as condition of accepting the Development's wastewater.8.Recognizing that it would be contrary to the public interest and to the public health, safety and welfare forthe Association to enter into voluntary dissolution without having made adequate provision for the continuedproper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in theAssociation Bylaws that the Association shall not enter into voluntary dissolution without first havingtransferred its said system and facilities to some person, corporation or other entity acceptable to andapproved by the COMMISSION by the issuance of a permit.9.The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of anypermit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair andoperation of the Disposal System.10.A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration isfiled and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of theAssociation.IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION Richard E. Rogers, Jr.Director, Division of Water Resources(Date) FORM: DEV 03-19 Shinnville Farms Development Partners, LLC Name ofDEVELOPER Bv:"J)d� (Signature) Print Name and Title (Daf/_;JP, I7?'z.-Page 2 of 2 5/16/2023 WW-116A95803.00 SHINNVILLE FARMS DEVELOPMENT PARTNERS, LLC SHINN VILLAGE WASTEWATER SYSTEM IREDELL COUNTY, NC NOTES N O R T H C A R O L I N A G A R Y S. Ma c C O N N ELL PR OF E SSIO N A L E NGIN E E R SEAL 17069 Z : \ T - D r i v e ( P r o j e c t s ) \ L i b r a r y \ 2 0 2 1 \ A 9 5 8 0 3 . 0 0 - N e s t H o m e s - S h i n n V i l l a g e \ D r a w i n g s \ W a s t e w a t e r \ U p d a t e d P l a n S e t ( 5 - 0 9 - 2 0 2 4 ) \ A 9 5 8 0 3 . 0 0 - B a s e ( T r e a t m e n t a n d I r r i g a t i o n ) . d w g J u n 2 7 , 2 0 2 4 1 0 : 2 8 a m & Associates, P. C. MacCONNELL 501 CASCADE POINTE LANE, SUITE 103 CARY, NORTH CAROLINA 27513 P.O. BOX 129 MORRISVILLE, NORTH CAROLINA 27560 TEL: (919) 467-1239 FAX: (919) 319-6510 LICENSE No. C-1039 5/09/2024 LEGEND 500' AREA PLAN NOTES FIGURE 1 – SITE MAP PERMIT NO. WQ0043421 Figure 2 – Aerial Map Permit No. WQ0043421 Legend Dedicated Utilization Site Monitoring Well Open-Atmosphere Structure 600 ft N ➤➤ N Image © 2024 Airbus Image © 2024 Airbus Image © 2024 Airbus r + 9 400 8( FEET) Sources: Hybrid Reference Layer: Esn Community Maps Contributors, Iredell County, State Note: of North Carolina DOT, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY ALL FEATURE LOCATIONS DISPLAYED GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS World Imagery: INC CGIA, Maxar STATED OTHERWISE. 1 1 a "fir J sir , .•-. Property Line fProposed Road Compliance Well Location f.. Proposed Irrigation Boundary y _ t •Gr I rt off 0 A}. r z_ J O z O O U Q z O z LUJ a O W u Z J Z LJ z N LU LU jJ4-1 toLU O V O 0 SCALE: 1 " = 400' DATE: 12/21/2023 PROJECT NUMBER 213887A FIGURE NO. 1 / AK / FIGURE 3 – MONITORING WELL CW-1 PERMIT NO. WQ0043421