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HomeMy WebLinkAboutNC0028223_Owner Name Change_20180806 (2)ROY COOPER Governor NORTH CAROLINA Envtromwntol QuaBty August 6, 2018 MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Mr. Colin Brothers 1832 Wilmington, LLC (d/b/a Osprey Cove South) 1000 E Cesar Chavez Austin, TX 78702 Subject: Modification to NPDES Permit NCO028223 Osprey Cove South WWTP Grade II Biological WPCS Onslow County Dear Mr. Brothers: The Division has received and approved your request to transfer ownership of the subject permit. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. This permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by any other Federal, State, or Local governmental regulation. If you have any questions concerning these changes, please contact Emily Phillips at (919) 707-3621 or via e-mail [emily.phillips@ncdenr.gov]. cc: Central Files NPDES Unit ince ely, G Linda Culpepper, Inter' rector Division of Water Resources _D Q North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-3600 Permit NCO028223 Grade II Biological Water Pollution Control System [15A NCAC 08G .03021 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, 1832 Wilmington LLC (d/b/a Osprey Cove South) is hereby authorized to discharge wastewater from a facility located at the Osprey Cove South WWTP 1840 Wilmington Highway Jacksonville Onslow County to receiving waters designated as an unnamed tributary to Brinson Creek in the White Oak River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 6, 2018. This permit and authorization to discharge shall expire at midnight on June 30, 2022. Signed this day August 6, 2018. By Authority of the Environmental Management Commission Page 1 of 7 Permit NCO028223 f , Grade II Biological Water Pollution Control System [ 15A NCAC 08G .0302] SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. 1832 Wilmington LLC (d/b/a Osprey Cove South, is hereby authorized to: 1. Continue to operate an existing 0.040 MGD (Class II) wastewater treatment system that includes the following components: ♦- Aeration basin ♦ Clarifier with separate sludge return ♦ Sludge holding tank ♦ Secondary aeration basin ♦ Secondary clarifiers ♦ Settling pond ♦ Liquid chlorination ♦ Liquid de -chlorination ♦ Ferrous sulfate addition ♦ Post aeration The facility is located in Jacksonville at the Osprey Cove South WWTP (1840 Wilmington Hwy.) in Onslow County. 2. Discharge from said treatment works at the location specified on the attached map into Brinson Creek (Stream Index 19-12), currently classified SC -NSW waters in sub -basin 03- 05-02 of the White Oak River Basin. Page 2 of 7 Permit NCO028223 Grade II Biological Water Pollution Control System [15A NCAC 08G .0302] Part I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15 NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS • ' LIMITS MONITORING REQUIREMENTS' f " INonthly Daily Measurement ; Sample Sample, ' 1'arameferCodes, ° Avera a Maximum .. -Fre ueric" Type,L:ocation2 Flow 0.040 MGD Continuous Recording Influent or Effluent 50050 BOD, 5-day (20°C) 5.0 mg/L 7.5 mg/L Weekly Composite Effluent 00310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00530 NH3 as N 2.0 mg/L 10.0 mg/L Weekly Composite Effluent 00610 Enterococci (geometric mean) 35 / 100 mL 276/100 mL Weekly Grab Effluent 61211 Total Residual Chlorine3 13 µg/L 2/Week Grab Effluent 50060 Temperature (°C) Daily Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Quarterly Composite Effluent 00600 Total Phosphorus Quarterly Composite Effluent 00665 Dissolved Oxygen Daily average > 6.0 mg/L Weekly Grab Effluent 00300 pH Not < 6.8 nor > 8.5 Weekly Grab Effluent 00400 - Standard Units Dissolved Oxygen Variable2 Grab Upstream & 00300 Downstream Temperature (°C) Variable 2 Grab Upstream & 00010 Downstream Page 3 of 7 Permit NCO028223 Grade II Biological Water Pollution Control System [15A NCAC 08G .0302] Footnotes: 1. The permittee shall submit discharge monitoring reports electronically .using the Division's eDMR system [see A. (2)]. 2. Upstream = 100 feet from discharge; Downstream = 0.2 miles at unimproved road. Upsteam and downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July, August and September and once per week during the remaining months of the year. 3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. All samples must be taken from a typical discharge event. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER . THAN TRACE AMOUNTS. A. (2). ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Page 4 of 7 Permit NCO028223 Grade II Biological Water Pollution Control System [15A NCAC 08G .03021 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http: / /www2.epa.gov/compliance/fmal-national-pollutant-discharge-elimination- system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not Page 5 of 7 Permit NCO028223 Grade II Biological Water Pollution Control System [15A NCAC 08G .03021 exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http: / / deg.nc.gov / about / divisions /water -resources / edmr 4. Signatory Requirements [Supplements Section B. (11.1 (b) and Supersedes Section B. (11.1 (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deg.nc.gov/about/­­divisions/­water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. (6.11 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date'of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 7 raR�/�I � ■1 J A t' j j �✓ • � Jam' as � e a ' I�., Y RY+ OUTFALL 001 i •, 'tea ;; 1. � � s �6'ti` -.> 1. s.P Xis' . i / f' tom• � Y • � ''I . r ' '! PO 1 �D � ^P• ;- ' ° 6= • A I ` O° - _- ��'. _ r ice•- - .@- .r V Gll ER BASE• •C ',� � }.. — 1 t -" .w. ✓ w- f. ., ,.� �2 jet - },� i ae• 26 ,` °'jjy a C :�. ram.. ho � ✓ • �' ,\ ° g. So-. � / '°i.. �� - __1}} ` ry f / -� '�a> •r •�,�j �,! Osprey Cove South lA/WTP County: Onslow Stream Class: SC -NSW Receiving Stream: UT to Brinson Creek Sub -Basin: 03-05-02 Latitude: 34' 44' 15" Longitude: 770 28' 15" HUC: 03020204 Pa Facility D. Location (not to scale) IVOd4TH NPDES Permit: NCO028223 of 7 U Water Resources LNVIRONMLN I AL QUAL:: Y ROY COOPER MICHAEL S. REGAN LINDA CULPEPPER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NC00 ' L/ 8 / 2-1 ;a / or NCG5 / / / /_ 1. Facility Name: i�)[' (i ck`i! f4 m II. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: )( a_ Change in ownership of property/company b. Name change only c. Other (please explain): RECENEDIDENRONR JUL 10 2018 Water Resource Section Permitting 2. New owner's name (name to be put on permit): 6 C U I83a W�hmN I PLC n3A Osm. Y cove 1O M4 _ 3. New owner's or signing official's name and title: 0 c.i0 (ZJl W-HeRs (Person legally responsible for permit) 0 Frneg, 4. Mailing address: 1000 F CE3Al2 COVC2 City: (Title) ows7xf) State:_) Zip Code: 7$ 6 Phone: ( 713 ) A05 ` �pZ 0 E-mail address: Mr` ARrEx4-ram. Cool lct% C a 0 W:UzA—M• CoM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https://deq.nc-gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits NPDES Name & Ownership Change Page 2 of 2 Applicant's Certification: I, Co up 9 ix" To , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: (_/- Date. - THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1112017 Type: CONSOLIDATED REAL PROPERTY Recorded: 6/28/2018 9:48:49 AM Fee Amt: $5,026.00 Page 1 of 4 Revenue Tax: $5,000.00 Onslow County, NC Rebecca L. Pollard Reg. of Deeds BK 4802 PG 401 - 404 Prepared by. Lanier, Fountain & Ceruzzi, 114 Old Bridge Street, Jacksonville, NC Stamps: $ -57600. pa Parcel No.: 001437; 001438 STATE OF NORTH CAROLINA COUNTY OF ONSLOW SPECIAL WARRANTY DEED THIS DEED, made and entered into this the 26'j' day of June, 2018, by and between Beacham Associates, Ltd., a North Carolina limited partnership, whose address is 640 Wilmington Highway, Jacksonville, NC 28540, hereinafter referred to as "Grantor", and 118 Broadhurst LLC, a North Carolina limited liability company, whose address is 1000 E Cesar Chavez, Austin, TX 78702, hereinafter referred to as "Grantee". The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, feminine or neuter as required by context. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, that certain lot or parcel of land situated in Jacksonville Township, Onslow County, North Carolina and more particularly described as follows: BEING all of Tract V and Tract VI as shown on survey plat entitled, "Survey Plat Showing Beacham Apartments Site No. 2, Prepared for 118 Broadhurst LLC", prepared by John L. Pierce &.Associates, P.A., dated June 20, 2018, and recorded in Map Book 75, Page 4, Onslow County Registry. TOGETHER with all of Grantor's right in and to that certain easement for the installation, maintenance, repair and replacement of sewer lines and right of ingress, egress and regress to Tract VI as more particularly described in that certain deed recorded in Book 405, Page 51, Onslow County Registry and being shown as Easement No. 8 on the said recorded plat. Submitted electronically by "The Pryzwansky Law Firm" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the onslow county Register of Deeds. Book: 4802 Page: 401 Page 1 of 4 TOGETHER with and subject to all easements appearing of record including those for the benefit of the property and those which burden the property, as the case may be, as shown on the said recorded plat, subject to covenants contained in the Easement Agreement recorded in Eook4g0 Page 335 , OnsIow County Registry. All or a portion of the property herein conveyed_ includes or X does not include the primary residence of a Grantor. GRANTOR for itself, its successors or assigns, reserves a non-exclusive stormwater drainage easement for the benefit of the property owned by the Grantor, Beacham Estate Property, LLC, Great Cuisine, LLC, and Carl I Beacham, Sr. Trust, located between Tract V conveyed to Grantee and US Highway 17 over, across and upon the storm drain easement area designated as "9" as shown on the said recorded plat. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated: Easements and restrictions appearing of record, if any, and such matters as shown on the Alta survey of the property. [Signature page to follow) Book: 4802 Page: 401 Page 2 of 4 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. BEACHAM ASSOCIATES, LTD., a North Carolina limited partnership By: Beacham Properties/Onslow, Inc. It's General Partner BY: �T° < L) Name: Carl J. Beacham, Jr. Title: President STATE OF NORTH CAROLINA COUNTY OF ONSLOW I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document in the capacity indicated thereon: Carl J. Beacham, Jr. Date: June p, 2018. My Commission Expires A--5-al 3 Notary Public DONNA L. DAVIS Notary Public North Carolina Onslow County Book: 4802 Page: 401 Page 3 of 4