WQ0039181_Final Permit_20170714

Water Resources
ENVIRONMENTAL QUALITY
July 14, 2017
AARON F. GOSS — PRESIDENT
CAROLINA MALT HOUSE, INC.
12969 STATESVILLE BOULEVARD
CLEVELAND, NORTH CAROLINA 27013
Dear Mr. Goss:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Permit No. W00039181
Carolina Malt House W W IT
Wastewater Irrigation System
Rowan County
In accordance with your permit application request received April 26, 2017, and subsequent
additional information received June 26, 2017, we are forwarding herewith Permit No. WQ0039181 dated
July 14, 2017, to Carolina Malt House, Inc. for the construction and operation of the subject wastewater
treatment and irrigation facilities.
This permit shall be effective from the date of issuance until June 30, 2022, 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. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this permit, please contact Tessa Monday at [phone] or
tessa.monda &ncderingov.
Sincerely,,' p
�
S. Jay Zimmerman, P.G., Director
Division of Water Resources
cc: Rowan County Health Department (Electronic Copy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Samuel Bingham, PE (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
' Nothing Compares'=,1
State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332

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I.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
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
Carolina Malt House, Inc.
Rowan County
10MO0aa1
construction and operation of a 3,400 gallon per day (GPD) wastewater treatment irrigation facility
consisting of:
a 548,000 gallon synthetically lined storage pond with an effective volume of 366,000 gallons; a 101 gallon
per minute (GPM), 7.5 horsepower (hp) irrigation pump; 3.2 acres of spray irrigation area consisting of
three fields; and all associated piping, valves, controls, and appurtenances
to serve the Carolina Malt House W WTF, with no discharge of wastes to surface waters, pursuant to the
application received April 26, 2017, 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 June 30, 2022, and shall be subject to the
following specified conditions and limitations:
1. Upon completion of construction and prior to operation of this permitted facility, a certification
(attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the
permitted facility has been installed in accordance with this permit, Division approved plans and
specifications, and other supporting documentation, including the location of all monitoring wells as
applicable. If this project is to be completed in phases and partially certified, the Permittee shall retain
final certificate of completion once the entire project has been completed. Mail the Certification to the
Division of Water Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh,
NC 27699-1617. [ 15A NCAC 02T .0116(a)]
2. The Mooresville Regional Office, telephone number [phone], shall be notified at least 48 hours
in advance (excluding weekends and holidays) of operation of the installed facilities such that an in-
place inspection can be made. Notification to the regional supervisor shall be made from 8:00 a.m.
until 5:00 p.m. on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(2)]
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3. A gauge to monitor waste levels in the 548,000 gallon synthetically lined storage pond shall be installed
prior to operation. Caution shall be taken not to damage the integrity of the liner when installing the
gauge. [15A NCAC 02T .0108(b)(2), 02T .0505(d)]
4. 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.0 105(d) requires an updated site map to be submitted with the permit renewal application.
[15A NCAC 02T .0105(d), 02T.01 06, 02T .0109, 02T.01 15(c)]
H. PERFORMANCE STANDARDS
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]
3. 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)]
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 143-215.60. [15A NCAC 02L .0106(d)(2), 02L .0107(b)]
6. 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.01081
7. 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)]
8. 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]
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9. 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 Rowan
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)]
10. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for spray irrigation sites 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:
400
ii. Any habitable residence or place of public assembly owned by the Permittee:
200
iii. Any private or public water supply source:
100
iv. Surface waters:
100
v. Groundwater lowering ditches:
100
vi. Surface water diversions:
25
vii. Any well with exception of monitoring wells:
100
viii. Any property line:
1501
ix. Top of slope of embankments or cuts of two feet or more in vertical height:
15
x. Any water line from a disposal system:
10
xi. Subsurface groundwater lowering drainage systems:
100
xii. Any swimming pool:
100
xiii. Public right of way:
50
xiv. Nitrification field:
20
xv. Any building foundation or basement:
15
1 Per a setback waiver recorded in the Rowan County Register of Deeds, setbacks
from the
wetted area to any property line has been reduced for the following:
[15A NCAC 02T .0506(a)]
b. The setbacks for storage 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:
[15A NCAC 02T .0506(b)]
100
100
50
100
50
W00039181 Version 1.0 Shell Version 151201 Page 3 of 9
Parcel No.
Deed Book / Page
Setback
Easement
265-001
1288/420
0 feet
150 feet
263-008
1288/420
0 feet
150 feet
[15A NCAC 02T .0506(a)]
b. The setbacks for storage 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:
[15A NCAC 02T .0506(b)]
100
100
50
100
50
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M. OPERATION AND MAINTENANCE REQUIREMENTS
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 the Carolina Malt House W WTF 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 .0505(])]
12. Freeboard in the 548,000 gallon synthetically lined storage pond shall not be less than two feet at any
time. [15A NCAC 02T .0505(d)]
13. A gauge to monitor waste levels in the 548,000 gallon synthetically lined storage pond shall be
provided. This gauge 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)]
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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 .0108(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 548,000 gallon synthetically
lined 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 IV.4.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.S. 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)]
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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.).
[15ANCAC 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 Mooresville Regional Office, telephone number (704)
663-1699, as soon asosn sible, but in no case more than 24 hours, or on the next working day following
the occurrence or fust 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 [phone],[phone], or [phone]. 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)]
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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
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. [15ANCAC 02T .0105(c)(6)]
5. 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)]
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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.01 10. [ 15A NCAC 02T .01101
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 14' day of July 2017
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S. Jay Zimmerman, P.G., Director ( 1
Division of Water Resources v
By Authority of the Environmental Management Commission
Permit Number WO0039181
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Permit No. WQ0039181
Carolina Malt House, Inc.
Carolina Malt House W WTF
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
Wastewater Irrigation System
July 14, 2017
Rowan County
In accordance with 15A NCAC 02T .0 116, I, as
a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization
to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the
best of my abilities that due care and diligence was used in the observation of the construction, such that
the facility was built within substantial compliance and intent of this permit, the Division -approved plans
and specifications, and other supporting documentation.
❑ Any variation to this permit, the Division -approved plans and specifications, and other supporting
documentation has been documented in the attached as -built drawings, and shall serve as the
Permittee's minor modification request to amend the permit accordingly.
Provide a brief narrative description of any variations:
THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER
512 N. SALISBURY ST.
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
W00039181 Version 1.0 Shell Version 151201
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Wastewater Spray Authorization and Grant of
Easement Running with the Land
This Easement is granted January 1, 2017 ("Effective Date") by
Amber Waves Holdings, LLC ("Grantor"), a North Carolina limited liability company
located at 12969 Statesville Blvd, Cleveland, NC 27013
to
Carolina Malt House, Inc. ("Grantee"), a North Carolina corporation located at 12969
Statesville Blvd, Cleveland, NC 27013.
Grantor covenants that it is the owner of 18.728 acres (more or less) along Statesville
Boulevard in Rowan County west of the town of Cleveland, further described in that deed
recorded in Book 1270, Page 806, Rowan County Registry ("Servient Parcel One");
and furthermore that it is the owner of 41.139 acres (more or less) along Statesville
Boulevard in Rowan County west of the town of Cleveland, adjoining Parcel One, further
described in that deed recorded in Book 1277, Page 888, Rowan County Registry
("Servient Parcel Two") (together with Servient Parcel One, the "Servient Parcels").
Grant of Easement.
Whereas Grantee intends to set up a spray irrigation system for its spent malt steeping
water, Grantor hereby grants to Grantee an easement (the "Easement'), to run with the
Servient Parcels, to build and operate a wastewater management system (as more
particularly identified below in Section 5) on the Servient Parcels, and to do all things
necessary or required by law in connection therewith. The Easement shall run with the
Servient Parcels and shall be binding on and inure to future owners, transferees, heirs,
and assigns of the Servient Parcels. Grantee shall not grant, convey, assign or otherwise
transfer to any other person or entity any of its right, title or interest in this Easement or
its liabilities or obligations under this Agreement, unless such transfer is part of its
transfer of the wastewater permit described herein. The Easement shall be binding upon
and inure to the Grantor, Grantee, and their respective heirs, representatives, successors
and assigns.
Use.
AWH authorizes CMH to build and maintain a waste storage pond and use spray
irrigation to distribute over Parcel One and Parcel Two the wastewater from the storage
pond, and to otherwise use Parcel One and Parcel Two as CMH deems necessary to
l 1of3

effectuate a wastewater irrigation permit that CMH anticipates receiving from the State of
North Carolina, more particularly described in Section 5 below.
Said wastewater shall consist chiefly of steeping water produced as a byproduct of
malting grains, and shall not include sewage.
Compliance with 15A NCAC 02L.0107
The Easement shall comply with 15A NCAC 02L.0107 to the extent required by 15A
NCAC 02T.0604, and the remaining provisions of this Section shall be read narrowly or
broadly as necessary to meet the requirements of that regulation.
Construction and operation of water wells within the compliance boundary, as defined in
15A NCAC 02L, is prohibited.
The right is reserved to the permittee and the State to enter on the Servient Parcels within
the compliance boundary as defined in 15A NCAC 02L for groundwater monitoring and
remediation purposes.
Choice of Law.
This agreement shall be governed by and construed in accordance with the internal laws
of the State of North Carolina, U.S.A., , ithout reference to any conflicts of law
provisions.
5 Identification of the Permit.
The Easement is issued in contemplation of Grantee obtaining a permit from the State of
North Carolina to operate a wastewater disposal system on the Servient Parcels, which
upon receipt and prior to recording of this document shall be identified as follows:
Permit Number:
Description of the Type of Permit:
Name, Address, and Telephone Number of the Permitting Agency:
6 Recording.
Grantee shall, at its expense. record this Easement Agreement in the records of Rowan
County, North Carolina, and shall provide Grantor with conformed copies of the recorded
instruments, as well as executed originals of all documents. Such recording shall take
place within ten (10) business days following the issuance of the permit to be identified
in Section 5.
l 2 of 3

Amber
j Waves Holdings, LLC
By: l.li n b, A/a-
Printed Name: Aaron F. Goss
Title: Mana er
Date: 917117
Z
Carolina Malt House, Inc.
By: Agal
Printed Name: Stephan P. Bank
Title: Vice President
Date: _ `1/ z /i
North Carolina
County
Wastewater irrigation system
permit identification (to be filled
in later):
1, J1rnt)e46� oy,,s l a Notary Public for said County and State, do
hereby�cc ify that Aaron F. Goss and Stephan P. Bauk personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the day of j) 20 17.
Notk Public
My commission expires:
3of3

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