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HomeMy WebLinkAboutWQ0013808_Final Permit_2018082914ORTH CAROLINA: Ploy COOPER JEhVb=Went&1Quality cap MICHAEL S. REGAN Semlary UNDA CULPEPPER August 29, 2018 WILLIAM KOTIS — PRESIDENT KOTIS PROPERTIES, INC. POST OFFICE BOX 9296 GREENSBORO, NORTH CAROLINA 27429-9296 Subject: Permit No. WQ0013808 Summerfield Shopping Center WWTF Wastewater Irrigation System Guilford County Dear Mr. Kotis: In accordance with your permit renewal request received January 2, 2018, and subsequent additional information received June 15, 2018, we are forwarding herewith Permit No. WQ0013808 dated August 29, 2018, to Kotis Properties, Inc. for the continued operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance until July 31, 2023, shall void Permit No. WQ0013808 issued September 12, 2008, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall.result in future compliance problems. Please note the following permit conditions are new since the last permit issuance dated September 12, 2008: ➢ Condition IV.8. — Requires a record to be maintained for all residuals removed from this facility. ➢ Condition IV.9. — Requires a maintenance log to be maintained for this facility. ➢ Condition IV.1 Le. — Requires ponding in or runoff from the irrigation site to be reported as a non-compliance notification. ➢ Condition VI.8. — States that this permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director. North Carolina Department of Environmental Quality I Division of Water Resources I Non -Discharge Branch 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.3654 Mr. William Kotis August 29, 2018 Page 2 of 2 ➢ Condition VI.9. — States that unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). ➢ Attachment A — Total Nitrogen and Total Phosphorus have been added in PPI 002 for WWTF Effluent monitoring parameters. 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. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Ashley Kabat at (919) 707-3658 or ashley.kabat'd:ncdenr.gov. Sincerely, 7-mda Culpepper, Interim Director 6 Division of Water Resources cc: Guilford County Health Department (Electronic Copy) Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files 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 Kotis Properties, Inc. Guilford County continued operation of a 3,600 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a 1,500 gallon grease trap; a 3,000 gallon baffled septic tank with an effluent filter; a 5,000 gallon septic tank; a 9,000 gallon sand filter dosing pump station with two 3 horsepower (hp) pumps; a 2,500 square foot (ft2) recirculating sand filtration system with a low-pressure pipe (LPP) distribution system; two wetland cells; a level control/flow splitter box; a tablet chlorinator or ultraviolet (UV) disinfection system; a 360 gallon baffled chlorine contact chamber; a nine -foot diameter wet -well with duplex 70 gallon per minute (GPM) pumps, and on -site visual/audible high-water alarms; an on -site emergency generator with an automatic transfer switch; a level control/flow splitter downstream of the southern wetland unit; a 750 gallon wet weather storage pond pump station with 35 gallon per minute (GPM) submersible pumps, and audible/visual high-water alarms; a 550,000 gallon lined wet -weather storage pond; a precipitation sensor; three disc filters in series; a 1.40 acre drip irrigation system containing three zones; and all associated piping, valves, controls and appurtenances to serve Summerfield Shopping Center WWTF, with no discharge of wastes to surface waters, pursuant to the application received January 2, 2018, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 31, 2023, shall void Permit No. WQ0013808 issued September 12, 2008, and shall be subject to the following specified conditions and limitations: WQ0013808 Version 4.0 Shell Version 180711 Page 1 of 8 I. SCHEDULES No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)] II. PERFORMANCE STANDARDS 1. The subject non -discharge facilities shall be effectively maintained and operated at all times 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 adequately 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 irrigation facilities. [G. S. 143- 215.1, 143-213.3(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 02B .0200, 02L .0100] Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1), 02T .0505(b)] 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] 5. The irrigation system shall be connected to a rain or moisture sensor, which shall indicate when effluent application is not appropriate in accordance with Conditions III.4. and III.5. of this permit. [ 15A NCAC 02T .0108(b)(1)] This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 7. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .0108] 8. 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. [15A NCAC 02L .0107(c)] 9. In accordance with 15A NCAC 02L .0107(d), 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] WQ0013808 Version 4.0 Shell Version 180711 Page 2 of 8 10. 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 Guilford 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)] 11. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 50 v. Public right of way: 50 [15A NCAC 02H .02190)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: ii. Any property line: 100 50 [15A NCAC 02H .02190)] c. The setbacks for storage and treatment units permitted under 15A NCAC 02T .0500 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: ii. Any private or public water supply source: iii. Surface waters: iv. Any well with exception of monitoring wells: v. Any property line: [I 5A NCAC 02T .0506(b)] 100 100 50 100 50 WQ0013808 Version 4.0 Shell Version 180711 Page 3 of 8 III. OPERATION AND MAINTENANCE REOUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [ 15A NCAC 02T .0117] 3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] 7. Only effluent from Summerfield Shopping Center WWTF shall be irrigated on the sites listed in Attachment B. [G.S. 143-215.1] 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [ 15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [ 15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .05050)] 12. Freeboard in the wetland treatment cells and the 550,000 gallon lined wet -weather storage pond shall not be less than two feet at any time. [15A NCAC 02T .0505(d)] 13. Gauges to monitor waste levels in the wetland treatment cells and the 550,000 gallon lined wet -weather storage pond shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)] WQ0013808 Version 4.0 Shell Version 180711 Page 4 of 8 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily average flow values shall be reported on Form NDMR. Flow may be estimated from water use records, provided the Permittee's water use is metered. Daily average flow values shall be calculated by dividing the monthly metered water usage by the number of days in the month. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .4108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, 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)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 550,000 gallon lined wet - weather storage pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) 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(1)] WQ0013808 Version 4.0 Shell Version 180711 Page 5 of 8 A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, 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 .0108(b)(1)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [ 15A NCAC 02T .0108(b)(1)] 10. 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 a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the 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)] 11. Noncompliance Notification: The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number (336) 776-9800, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any 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, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving 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. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] WQ0013808 Version 4.0 Shell Version 180711 Page 6 of 8 V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [ 15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any 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 .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1 ] 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .01050)] WQ0013808 Version 4.0 Shell Version 180711 Page 7 of 8 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T .0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 29' day of August 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION mda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0013808 WQ0013808 Version 4.0 Shell Version 180711 Page 8 of 8 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0013808 Version: 4.0 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 °C) mg/L 3 x Year Grab 50060 Chlorine, Total Residual mg/L Weekly Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 ML 3 x Year Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 3,1822 Monthly Estimate 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 3 x Year Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 3 x Year Grab 00600 Nitrogen, Total (as N) mg/L 3 x Year Grab 00400 pH su Weekly Grab 00665 Phosphorus, Total (as P) mg/L 3 x Year' Grab 00530 Solids, Total Suspended mg/L 3 x Year' Grab 1. 3 x Year monitoring shall be conducted in March, July, and November. 2. 1,700 GPD of flow is allocated for the grocery store and multi -purpose retail and 1,482 GPD is allocated for the drugstore. WQ0013808 Version 4.0 Attachment A Page 1 of 1 ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LINIITATIONS Kotis Properties, Inc. — Summerfield Shopping Center WWTF IRRIGATION AREA INFORMATION Field Owner County Latitude Longitude Net Dominant Acreage Soil Series 1 Kotis Properties, Inc. Guilford 36.1911630 -79.8902910 0.71 Madison 2 Kotis Properties, Inc. Guilford 36.1916860 -79.8892080 0.52 Madison 3 Kotis Properties, Inc. Guilford 36.1912990 -79.8891790 0.17 Madison Totals 1.40 Permit Number: WQ0013808 Version: 4.0 APPLICATION LIMITATIONS Parameter Hourly Yearly Units Rate Max 01284 — Non -Discharge Application Rate 0.3 34.75 inches 01284 — Non -Discharge Application Rate 0.3 34.75 inches 01284 — Non -Discharge Application Rate 0.3 34.75 inches WQ0013808 Version 4.0 Attachment B Page 1 of 1 9 Wr Google Eai rth -. 2018 Google �J `Property Owner Otis Sulimmerfceld Outparcel, LLC77 y Septic TanK_ Kotis Summerfield- LLC Septic.TaPI "- - 4 • Septic Tangy Grease Trap EOIL m `tarmwater Pond -# y • U CFietd +� FIeId 3 r f{ S `o Fie it 1` _ •ee, ��•"�'- - � Aft."41 Kotis Propertles, Inc # At fij oil ,I '• * .r ; Property Owner oTreatment ►� i 5tormwater Pan• � `� •:t ', 11 4 \ r • Field 3 k �. "Control Building l �~ px r•. \�e land Cell �S-art�-d_ Filter f, VVetl and. Cell 1 1 Storage Pond 1 Google Earth Katis Properties, Inc, 2018 Googla Ali. I 400 ft PROPERTY MANAGEMENT AGREEMENT Date: June 5.2003 Owners: Kotis Summerfield, LLC P.O. Box 9296 Greensboro, NC 27429-9296 Kotis Summerfield Outparcel, LLC P.O. Box 9296 Greensboro, NC 27429-9296 Agent: Kotis Properties, Inc. P.O Box 9296 Greensboro, NC 27429-9296 In consideration of the mutual covenants and promises each to the other. Owners hereby employ Agent exclusively, and hereby accepts employment to perform certain duties as set out here in regarding the Property more particularly described below upon the following terms and conditions: ARTICLE I. DESCRIPTION A. The Property: Located in the City of Greensboro, County of Guilford, State of North Carolina being known and more particularly described as: Summerfield Renaissance Shopping Center ("Property"). (See legal description attached). ARTICLE II. PROPERTY MANAGEMENT A. Agent's Authority: The Owners hereby authorize and empower Agent to perform such acts and to take such steps as are necessary, in Agent's opinion, to manage the Property on a day-to-day basis to Owners' advantage including: 1. Collecting all rentals and other charges and amounts due or to become due under all leases covering the Property and given receipts for the amounts so collected. 2. Causing to be made any repair the estimated cost of which shall be less than 250.00 which, in Agent's opinion, is necessary to preserve, maintain and protect the Property. RECEIVED NCDEQ/DWR Prop Mpe'Alit, • KPI-303I.11 jurw5, AlkEr 15 JUN 2018 Non -Discharge Permitting Unit 3. Soliciting not less that two (2) competitive estimates for the cost of a repair which exceeds the amount set out in A2 above and to present the lowest responsible bid to Ownersfor Owners' review and authorization to proceed with the work. 4. Unless so otherwise instructed by Owners, soliciting, on an annual basis, not less than (2) competitive bids to perform regular preventive maintenance work on the Property's heating, venting, air conditioning system(s); janitorial services (if applicable); grounds maintenance (if applicable); certain window cleaning (if applicable); elevator maintenance (if applicable); alarm systems (if applicable); and any other services to the tenants as required by their tenancies. 5. Complying with any duties or obligations imposed upon the Owners by any Local, State or Federal law or regulation. B. Agent Covenants: During the duration of this Agreement, Agent agrees: 1. To manage the Property to the best of his ability, devoting thereto such time and attention as may necessary. 2. To furnish the services of Kotis Properties, Inc, for managing the Property. 3. To collect all monthly rentals and other such charges due to Owners upon the Property. 4. To cause to be made such repairs he deems appropriate in order to preserve and maintain the Property. 5. To cause to be performed such preventive maintenance as he deems appropriate in order to preserve and maintain the Property. 6. To cause to be performed such janitorial and groundskeeping activities as he deems appropriate in order or preserve and maintain the Property. 7. To regularly make an on -site inspection to ensure that the Property remains in satisfactory operation in an acceptable state of repair and that the interior and exterior of the Property is clean end presentable to the recants and their clientele. 8. To answer tenant requests and complaints and to perform the duties imposed upon Owners by law or pursuant to the tenant leases covering the Property. 2 9. To keep and maintain at all times all necessary books and records relation to the leasing, management and operation of the project and to prepare and render to Owners monthly itemized accounts of receipts and disbursements incurred in connection with its leasing, operating and management on or before the 1 oth day pf the following month. If specifically requested by Owners, to cause to be made at the close of the fiscal year upon which the described property shall be operated, an annual audit report at Owners' expense, all in reasonable detail. All books, correspondence and date pertaining to the leasing, management and operation of the Property shall, at all times, be safely kept and preserved. Such books, correspondence and data shall be available to Owners at all reasonable times, and shall, upon the termination of this Agreement be delivered to Owners in their entirety without cost or change therefor. 10. To compute, collect disburse, and reconcile a Common Area Maintenance (CAM) Account. 11. To disburse such amounts as appropriate to maintain current accounts payable including, but not limited to, contracted services, utilities, insurance and ad valorem taxes. 12. To deliver to Owners, on a monthly basis, all net rental proceeds remaining after disbursing such amounts as authorized under this Agreement/ C. Owners Covenants: During the duration this Agreement the Owners agree: To provide Agent with architectural drawings and specifications of the Property, if available, 2. To advance to Agent such addition sums as may be necessary to cover the costs of repairing the Property and maintaining in a safe, fit and habitable condition as required by Federal, state and local codes. 3. To advance to Agent such additional sums as maybe necessary to over the costs ofrepaingthe Property but limited to general operating expenses, maintenance and supply expenses, court costs and attorney fees. 4. To carry comprehensive general public liability and property damage insurance against any and all claims or demands whatsoever out of,or in any way connected with, the operation, leasing and maintenance of the Property, which policies shall be written so as to protect Agent, as an additional insured. C Prcp Mlxnu fir. KP[ -BG 3211.15, MIF Ir D. Tenant Securit , Deposits: The Agent, shall require tenants of the Property to make a security deposit in an amount as permitted by law to secure the tenant's obligations under leases of the Property (such security deposits shall hereinafter be referred to as "Tenant Security Deposits"). E. Agent's Fee: Property Management: Owners shall pay to Agent each month during the existence of this Agreement the following! 3% of gross base rentals 2. Additional duties: The Owners shall pay to Agent during the existence of this Agreement the following fees for the duties set out below and for any other duties not so specified in this agreement. ARTICLE III. LEASING A. Agent's Authority: Owners here by authorities and empowers Agent to perform such acts to take such steps as are necessary, in Agent's opinion, to lease the Property to Owner's advantage including: 1. Advertising the property using brochure, multiple listing or other means as deemed appropriate by Agent. 2. Displaying real estate advertising signs on the Property if deemed appropriate by Agent. 3. To become totally familiar with the Property's characteristic which would include accurate measurements of usable and leasable areas, HVAC capacity, pluming and electrical systems, zoning, construction methods and interior finishes. B. Agent Covenants: During the duration of this Agreement, Agent agrees: 1. To market the Property to the best of his ability devoting thereto such time and attention as may be necessary. 2. To furnish the services of Kotis Properties, Inc. for marketing the Property. 3. To monitor the local real estate leasing market and to advise Owners of conditions and trends which might affect or otherwis3e necessitate adjustment to the Property. finding to Owners. To conduct background investigation of all prospective tenants and report such 2 5. To offer the Property to the public for leasing in compliance with all state, federal, and local laws, including but not limited to, federal and state law and regulations prohibiting discrimination on the basis of race, color, religion, sex, familial status, handicap or national origin. 6. To negotiate leases based on parameters established by Owners in order to arrive at terms and conditions favorable and acceptable to owner. 7. To administer the preparation of the formal lease documents to insure accuracy and completeness and to present same to Owners and tenant for execution. C. Owners' Convents: During the duration of this Agreement Owners agree: 1. To provide Agent with available measured drawings and/or architectural drawings of the Property. 2. To provide Agent with any special terms and/or conditions that would apply to any executed leases. To refer to Agent any and all inquiries received with respect to or concerning the Property. D. Agent's Fee: Owners shall pay to Agent 4% of the total rent involving during the entire initial term of the lease over the term of one year, for leases negotiated after the date of this Agreement. A 2% override, thereby increasing the total commission to 6%, will be paid if a brokerage firm other that Agent is involved in the lease transaction. ARTICLE IV. Agency A. Duration of Agency: This Agreement and the agency and employment created shall commence and become effective on June 1, 2003 and shall continue 1 year there after or until terminated as provided herein. B. Termination of Agency; Either Owner or Agent may terminate the agency and employment created hereby by giving written notice to his intention to do so 3 days prior to the desired termination date. Upon any termination of the Agreement by either Owners or Agent, each shall take such steps as are necessary to settle all accounts between them including the following: (1) Agent shall properly render to Ownesr all rents then on hand after having deducted therefrom any Agent's fees then due; (2) Agent shall render to Owner records showing all tenants who paid security deposits under leases affecting the property; (3) Agent Shall deliver to Owners all tenant leases and other related documents; (4) Owners shall, within 10 days after the termination, pay to Agent any fees or amounts due Agent; and (5) Owners shall promptly notify all current tenants of the termination of the agency status. 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written: OWNERS: Kotis Summerfield, LLC BY: Kotis Properties, Inc., Manager William M. Kotis, III, President Kotis Summerfield Outparcel, LLC BY: Kotis Properties, Inc., Manager By. William M. Kotis, III, President Kotis Properties, Inc BY: - 4_ -- -- William M. Kotis, II1, President G Exhibit A Legal Description Lots I and 2 on the plat recorded in Plat Book 145, Page 333.