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HomeMy WebLinkAboutWQ0023634_More Information (Received)_20230626From: Eric Weatherly To: Saunders. Erickson G Cc: Rod Holley; Will Rumsev Subject: [External] [ADDITIONAL INFORMATION REQUEST] WQ0023634 — WQ0023634 - Waterside Villages WWTP Renewal Application Date: Monday, June 26, 2023 11:50:43 AM Attachments: imaae001.Dna W00023634a230525.Ddf Sheet 4.TIF Sheet 5.TIF Non -Exclusive Wastewater System Easement Aareement.Ddf Waterside Wastewater Permit 2012.Ddf Importance: High CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. The following is in response to your request for additional information (attached) for the permit renewal of the Waterside Villages WWTP WQ0023634. C. Attachment A — Site Map: The permit description details a groundwater lowering system surrounding all sides of the application area (some listed as close as 40 feet from the site, as listed in footnote 2 of Condition 11.11.a. of the previous permit) and discharging to Currituck Sound. However, it is unclear where this groundwater lowering water piping is located. Please provide a map of the groundwater lowering piping, including all piping surrounding the application areas and the piping toward Currituck Sound. The county recently acquired 2 additional plans sheets from the design engineers Bissell Professional Group. Attached is plan sheet 4 of 12 dated 2-27-04 and 5 of 12 dated 4-19-04. These plans clearly show the location of the groundwater lowering pipe system and its discharge through a bulkhead and into the northwest corner of an existing boat basin. I. Attachment G — Easement, Encroachment, and Lease Agreements: The response to Attachment G states that the Permittee owns all land associated with the system, including the groundwater lowering system. However, the groundwater lowering water is listed in the permit to be discharged to Currituck Sound, and the County doesn't own land adjacent to the Sound. In accordance with NCAC 02T .0116(c), provide a copy of any easements, lease agreements, or encroachment agreements for installation, operation and maintenance of this groundwater lowering system on land not owned by the Permittee. Attached is the Non -Exclusive Wastewater System Easement Agreement dated April 18, 2012 for the conveyance and operation of the wastewater system to the county. This provides the easement for the groundwater lowering pipe system including the land adjacent to the Sound. N. Attachment L—Setback Waivers: Footnote 1 of Condition 11.11.a in the most recent permit references an easement that has been provided reduce the setback to habitable residences for the tennis court at the southeast corner of the site. Please provide a copy of this setback waiver. The county has not been able to locate the setback waiver at this time. Attached is the change in ownership permit dated July 24, 2012 from Waterside Villages, LLC to the county. This permit states that all setbacks, etc. remain as they were when this facility was originally permitted. Footnote 1 was a part of the permit when the county acquired they system, therefore the setback waiver should be valid even though we cannot locate a copy at this time. Let me know if you have any questions or additional information is needed. Eric T. Weatherly, PE Public Utilities Director County of Currituck Eric. Weatherly @CurrituckCountyNC.Gov (252) 232-6035 From: Saunders, Erickson G <Erickson.Saunders @deq.nc.gov> Sent: Thursday, May 25, 2023 2:07 PM To: Ike McRee<ike.mcree(@currituckcountync.gov>; Rod Holley <rod.holle)zna currituckcountync.gov> Cc: Discepolo, Alfred J <Alfred.Discepolona deq.nc.gov>; Thornburg, Nathaniel <nathaniel.thornburgna deq.nc.gov> Subject: [EXTERNAL] [ADDITIONAL INFORMATION REQUEST] WQ0023634 — WQ0023634 - Waterside Villages WWTP Renewal Application Importance: High [CAUTION]: This email originated from outside of Currituck County's system. Do not click links or open attachments unless you verify that the attachment and contents are safe. Please report any suspicious emails or attachments to suWport. Mr. McRee, Division of Water Resources' Central and Regional Office staff have reviewed your application package for Permit No. WQ0023634. Additional information is required before the review may be completed. Please address the items in the attached Additional Information Request no later than the close of business on June 26, 2023. Please provide a cover letter with responses to my comments and the modified and/or requested documents. The documents should be combined into a single PDF and uploaded at: https://edocs.deq.nc.gov/Forms/NonDischarge-Branch-Submittal-Form-Vert. Please also provide me an email notification that the response has been submitted via the portal and, if the document size permits, an additional PDF copy of the response. Please be aware that failure to provide the requested information within the 30-day timeframe may result in your application being returned as incomplete. If you have any questions or concerns regarding this request or have any issues obtaining the requested information, please do not hesitate to contact me. Sincerely, Erick Saunders Environmental Engineer 111 Division of Water Resources — Non -Discharge Branch North Carolina Department of Environmental Quality Office: (919) 707-3659 Cell: (919) 283-9610 erickson.saunders @ncdenr.gov Effective May 18, 2023, the Non -Discharge Branch has multiple engineering vacancies. As a result, our response and review times will be slower than normal. Thank you in advance for your patience. OE Q:> NORTH CAROLINA Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. Qs SELECT GRANULAR BACK— S WELL GRAVEL (SEE BELOW) S PVC PIPE OR 15- SOLID PVC PIPE (NOTE: GRAVEL PACK NOT MSL USED FOR SOUR PIPE) e�C JNDERDRAIN SECTION N.T.S. (RAIN SHWLD BE CONSTRUCTED A MINIMUM OF 10' FROM ALL ,I LINES. 'ME— OF UNDERDRAINS MUST BE AT A MINIMUM ELEVATON OF SHOULD BE NO SLOPE ON THE SLOTTED OF 0.13E ON THE 50UD PVC PIPE SECDi 39GK A S_BBSSING S_BEiAIBEO x RT 00 0 89 3- 88 14 6- 36 28 36 64 56 8 92 8 0 100 IVE 512E - DID - 0.02 IN = PVC SCREE ;ENT OF UNIFORMITY = 2.0 (2.OQ5 DK) . PACK SHOULD CONSIST OF GLEAN, WELL ROUNDED GRAINS THAT TO 95R QUA— GRAINS AND HAVE A UNIFCRMITY COEFFICIENT OF LESS. N D 8" PERFORATED PIPE 8" SOLID PIPE TRANSFER TAX AMOUNT -- - DATElCOLLECTO!t 4x26 �t _- — Tax Collector Certifiatioe That No Delinquent Taxes Are Duc. Datey.;L�' 11 By 4i _: Certiucatioa expires Jan. 0of the year following cer0cution date. PREPARED 13Y AND RETURN TO: K&L Gates LLP 430 Davis Drive, Suite 400 Morrisville, NC 27560 Grantor: WATERSIDE VILLAGES, LLC Grantee: CURPJ UCK COUNTY CURRITUCK COUNTY NORTH CAROLINA 80uK ii�bpa024 g 11 Dac rd Oo2E061100to Type: CRP 1 n�� Reocrded: Oa/26/Pipe itDeyiQi:i4 P Far Amt: $26.00 CharleneV Dovdr FlQSeter of Darde EK1198 Q43-252 NON-EXCLUSIVE WASTEWATER SYSTEM EASEMENT AGREEMENT TIES NON-EXCLUSIVE WASTEWATER SYSTEM EASEMENT AGREEMENT (this "Easement Agreement") is entered into and made effective as of the 18ch day of April 2012 (the "Effective Date"), by and between WATERSIDE VILLAGES, LLC, a North Carolina limited liability company, having as address at 301 South College Street, Charlotte, North Carolina, 28288 (the "Grantor") and CURRITUCK COUNTY, a political subdivision of the state of North Carolina, having an address at 153 Courthouse Road, Currituck, NC 27929 (the "Grantee"). WITL+IE�SE�jj: WHEREAS, Grantor is the fee simple owner of certain real property located in Currituck County, North Carolina and more particularly described on ExLhibit A (the "Grantor Property"), which Grantor Propeqy comprises a portion of the "Cam o Area" (as that term is defined in that certain Declaration of Covenants, Conditions and Restriction for Waterside Villages of Currituck, recorded at Book 908, Page 872, amended by (1) that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Waterside Villages of Currituck, recorded in Book 931, Page 32, (2) that certain Supplemental Declaration of Covenants, Conditions and Restrictions for Waterside Villages of Currituck (Phases ]A and 6), recorded in Book 942, Page 508, (3) that certain Amendment of and Consent to Declaration of Covenants, Conditions and Restrictions for Waterside Villages of Currituck, recorded in Book 951, Page 232, (4) that certain Consent of Trustees and Bank to Declaration of Covenants, Conditions and Restrictions for Waterside Villages ofCurrituck, recorded in Book 960, Page, (S) that certain Supplemental Declaration of Covenants, Conditions and Restrictions for Waterside Villages of Currituck (Phase 5), recorded in 'Book 971, Page 620 and, (6) that certain Supplemental Declaration of Covenants, Conditions and Restrictions for Waterside Villages of Currituck (Villas at Waterside Condominium — Phase I), recorded in Book 993, Page 368, all in the Currituck County Registry, and as may be further amended from time to time (the "Declaration")); and N0MWGk90lJKAl9=KaTMM ATTACFM,t W SDS A yr j L. 0.T-M6152 16 BOOK 1.1 J b PAGE Il l 4 4 WHEREAS, the Grantor Proearty s located within the approximately 71 acres known as W41erside Villages as 5 wn on at cer-tain Einal Currituck County Registry (collectively, the "Waterside Villages land"); and WHEREAS, Grantor, by virtue of being the "Declarant" under the Declaration, has the right to transfer or convey all or any RM of the Common Area within the Waterside Villages Land to, infer alia, any utility company; and WHEREAS, the Grantor Property is Common Area pursuant to the Declaration; and WHEREAS, Grantee is a political subdivision of the State of North Carolina authorized by the North Carolina General Statutes to provide wastewater service and currently providing wastewater service to communities such as that certain development on the Waterside Villages Land, known as Waterside Villages, which currently consists of 20 dwelling units is intended to ultimately consist of approximately 250 residences, a swimming pool, tennis courts, club house, proposed boat basin, boat storage, guard house and other amenities, al I of which (including the plans for same) may be revised from time to time (the "Waterside Villages Development"); and WFIEEAS, the Grantor and Grantee have entered into that certain Utility System Serving the Waterside Villages Development dated effective as of April 18, 2012 (the "Acquisition Agreement"), a Memorandum of which has been recorded at Book lqS , Page Z3 i in the Currituck County Registry; and and transferred to Grantee the components of those facilities and systems used in the collection, treatment, holding and disposal of the wastewater and man a nt o Pr ater .. ag clip >_ .oundwater at the Waterside Villages Dev v tem"); and WHEREAS, pursuant to the Acquisition Agreement, Grantor has also conveyed to Grantee, by Ned dated April 18 2012 and recorded Aril 26 2012 in the Currituck County Registry at Book(, Page, fee simple title to certain real property within the Waterside_VMages Development, as more specifically described on Exhibit B (the "Grantee Property"); and WHEREAS, certain of the components of the Wastewater Utility System an located on, under, over, and/or within rite boundaries of the Grantor Property; and WHEREAS. Grantee is obligated under the Acquisition Agreement to operate the Wastewater Utility System for the benefit of the Waterside Villages Development and to manage, mailitain, repair and replace, as necessary, the Wastewater Utility System; and WHEREAS, Grantor and Grantee are willing to convey, assign, and transfer (on the one hand) and accept and assume (on the outer hand) the foregoing easements and all the rights, privileges and obligations and in the Acquisition Agreement set forth in this Easement Agreement in accordance with the terms and conditions as contained herein; and BOOK 119 8 PARE 0 245 WHEREAS, Grantor and Grantee desire to set forth in writing and to record in the Currituck County Registry their understanding of the easement rights and uses of, and obligations with respect to, the Easement Areas and certain other matters set forth in this Easement Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt, sufficiency and adequacy of which is hereby acknowledged, the parties grant and agree as follows: 1. Grant ofUse. operation. Maintenance. Repair and Replacement. Grantor does hereby 2. Permits: Approvals. Grantee hereby agrees that it will: (i) obtain all governmental and quasi -governmental approvals, certificates and permits necessary for the use, operation, maintenance, repair and replacement of the Wastewater Utility System; (ii) operate and do all things within the Waterside Villages Land in compliance with all applicable federal, state and local laws, rules, regulations, approvals, certificates and permits including without limitation those of (or issued by) the North Carolina Department of Environment and Natural Resources, and (iii) comply with the terms and conditions of the Acquisition Agreement, Grantor shall reasonably, and without undue delay, cooperate with Grantee in applying for and obtaining such governmental approvals, certificates and permits as are necessary for the use, operation, maintenance, repair and replacement of the Wastewater Utility System; provided that Grantor shall not be responsible for any fees or other costs in connection with such approvals, certificates and permits and shall not be required to assume any liabilities with respect to such approvals, certificates and permits. 3. Maintenance: Cost. Grantee shall keep and maintain, at Grantee's sole cost and expense, the Grantor Property in a clean and attractive condition, free from any accumulation of dirt, trash, construction debris and other debris arising out of Grantee's exercise of any of the rights granted under this Easement Agreement. Any maintenance, repair or replacement pertaining to the Wastewater Utility System and the easements granted herein shall be performed by Grantee, at Grantee's sole cost and expense, and Grantee shall promptly repair (to the condition that existed immediately prior to the commencement of such maintenance, repair or replacement), at its sole cost and expense, any damage to the Grantor Property or any other property within the Waterside Villages Land, and any improvements, ground cover thereon, or utilities or other facilities thereon or therein, damaged arising out of such maintenance, repair or replacement and the easements granted herein_ 4. Standard of Work. Grantee's maintenance, repair and replacement of the Wastewater Utility System shall be accomplished in a professional workmanlike manner, during reasonable hours, and in a manner which does not unreasonably interfere with the use or enjoyment of any property within the Waterside Villages Land. Grantee will cause its contractors, agents, employees, consultants and other representatives erect and maintain, as required by the nature of the task, all necessary facilities and safeguards for the health, safety and protection of persons and property, and to prevent damage, injury or loss. Grantee shall provide Grantor and the Homeowners Association (as defined in ecti n 8 below) (and the Association's designated management agent, if any) with prior notice of any maintenance, repair and/or replacement of the Wastewater Utility System on, over or under the Waterside Villages Land, including without limitation, the Grantor Property. RT.3006$5i A BUOK I I� 8 PAGE 0 2 4 h S. . Ri&ht o view. Grantee acknowledges that any proposed above -ground improvements in connection with the operation, maintenance, repair or replacement of the Wastewater Utility System may adversely impact the aesthetics, value, use andlor operation of the Grantor Property or the Waterside Villages Development as a whole. Accordingly, Grantor and the Association shall have the right to review and approve any proposed above -ground improvements by Grantee on the Grantor Property. Notwithstanding anything in this Section S to the contrary, Grantor acknowledges and agrees that certain above -ground components of the Wastewater Utility System exist on the Grantor Property as of the Effective Date and, accordingly, the terms and conditions of this Section 5 shall not apply to such above- ground components of the Wastewater Utility System existing as of the Effective Date, 6. Covenants Run With The T<and. The easements and rights granted in this Easement Agreement and the various terms, conditions, reservations and restrictions set forth in this Easement Agreement, are (i) easements and covenants running with the Grantor Property and the Grantee Property, (ii) easements appurtenant to the Grantor Property and the Grantee property, and (iii) binding upon and inure to the benefit of the owners of fee simple title to the Grantor Property and the Grantee Property, and their respective heirs, successors and assigns in title and all those claiming by, through or under each such owner or its, his or her heirs, successors and assigns in title. - 7, PropoM interest. The easements and rights granted in this Easement Agreement are intended to create a property interest or right only in the owners of fee simple title to the Grantor Property and Grantee Property, respectively, and their respective heirs, successors and assigns; provided, however, that such owner(r) may from time to time, permit its, his or her members, partners, officers, directors, employees, agents, contractors, invitees, permittce% and licensees the use and enjoyment of the easements and rights granted in this Easement Agreement, so long as no property interest in such easements or rights are transferred to any such party. S. AssociatiQn as Successor _ Grantor. Grantor and Grantee hereby agree and acknowledge that Grantor, or its successors and assigns, intends to convey the Grantor Property to Waterside Villages of Currituck Community Association, Inc. (together with its successors and assigns, the "Homeowners Association") and upon such conveyance, Waterside Villages. LLC, and its successors and assigns, shall be released from all duties and obligations under this Easement Agreement and the term "Grantee' under this Easement Agreement shall thereafter mean the Homeowners Association. 4. Liens. Grantee shall not permit any liens to be asserted against the Grantor Property (or any portion thereof) arising out of or connected with the use, operation, maintenance, repair or replacement of the Wastewater Utility System, and Grantee shall promptly discharge or bond over (or cause to be discharged or bonded over) any such liens. 10. Relationsbi . Nothing contained in this Easement Agreement shall be construed to make any party hereto partners or joint ventures, or to render any of the parties liable for the debts or obligations of any other party hereto. H. Remedies for Bread. If either Grantor or Grantee breaches any of its obligations under this Easement Agreement, the non -breaching party will have available to it all remedies available at law or equity, including without limitation, specific performance and injunctive relief. 12. Right To Cure. In the event that Grantee fails to perfonn any of its obligations under this Easement Agreement to maintain., repair and restore the Grantor Property or the Waterside Villages Land, then Grantor may (without any obligation to do so) make all payments, do all things and take all actions as may necessary, appropriate or desirable to remedy or to cure any failure by the Grantee to perform its 4 RT-3D4di 37 ,d BUOX 1 198PAGEO247 obligations as required in this Easement Agreement. Upon urcitten demand, Grantee shall reimburse Grantor for all reasonable payments, costs and expenses incurred by Grantor in connection with the remedy or cure of any such failure to perform for which Grantee is obligated under this Easement Agreement. 13. Governing Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. If any provision of this Easement Agreement or the application thereof to any parry or circumstance shall to any extent be invalid or enforceable, the remaining provisions of this Easement Agreement and the application of such provision to any other parry or circumstance shall not be affected thereby. Each provision of this Easement Agreement shall be valid and enforceable to the fullest extent permitted by law. 14. No Dedication. Nothing contained herein shall be construed or deemed to constitute a dedication, express or implied, of any real property to or for any public use or purpose whatsoever, except as expressly stated to the contrary herein. 15. Notice5. Any notice shall be deemed to have been properly sent when delivered in person or sent by overnight courier to the last known address of the party who appears as owner or owners of the Grantor Property or the Grantee Property, as applicable, on the records of the local tax supervisor in Currituck County. Notice shall be deemed received (i) on the date of delivery, if sent by hand delivery, and ( ii) the next day after deposit with or pick up by the overnight courier, if sent by overnight courier. 16. Amqpdment. This Easement Agreement may not be amended, modified, or terminated except by written instrument duly executed by the then fee simple owner(s) of the Grantor Property and the Grantee Property, respectively. 17. Cognteroarts. This Easement Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all which together, shall constitute one in the same instrument. [Signature pages and notary acknowledgements follow] RT-3WI3: �6 BonK A 19bNE024 EXEMIT A Grantor Property ALL OF THE "COMMON AREA" (AS THAT ITEM IS DEFINED IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR WATERSIDE VILLAGES OF CURRITUCK, RECORDED AT BOOK 908, PAGE $72, AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERSIDE VILLAGES OF CURRITUCK, RECORDED IN BOOK 931, PAGE 32, THAT CERTAIN SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERSIDE VILLAGES OF CURRrf-UCK (PHASES lA AND 6), RECORDED IN BOOK 942, PAGE 508, THAT CERTAIN AMENDMENT OF AND CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERSIDE VILLAGES OF CURRITUCK, RECORDED IN BOOK 951, PAGE 232, THAT CERTAIN CONSENT OF 'TRUSTEES AND BANK TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERSIDE VILLAGES OF CURRITUCK, RECORDED IN BOOK 960, PAGE, THAT CERTAIN SUPPLEMENTAL DECLARATION OF COVENANTS, CONDMONS AND RESTRICTIONS FOR WATERSIDE VILLAGES OF CURRITUCK (PHASE 5), RECORDED IN BOOK 971, PAGE 620, THAT CERTAIN SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATERSIDE VILLAGES OF CURRITUCK (VILLAS AT WATERSIDE CONDOMINIUM — PHASE I), RECORDED IN BOOK 993, PAGE 368, ALL IN THE CURRJTUCK COUNTY REGISTRY, AND AS MAY BE FURTHER AMENDED FROM TIME TO TIME) WITHIN THE APPROXIMATELY 71 ACRES KNOWN AS WATERSIDE VILLAGES OF CURRITUCK AS SHOWN ON THOSE MAPS OF SUBDIVISIONS ENTITLED "WATERSIDE VILLAGES OF CURRITUCK PHASE I" BY BISSELL PROFESSIONAL GROUP, JAMES WESLEY HUGGINS, PLS, DATED OCTOBER 21, 2005 AND RECORDED NOVEMBER 2, 2005 IN PLAT CABINET I, PAGES 256-261; "WATERSIDE VILLAGES OF CURRITUCK PHASE IA" BY BISSELL PROFESSIONAL GROUP, JAMES WESLEY HUGGINS, PLS, DATED JANUARY 1, 2006 AND RECORDED APRIL 19, 2006 IN PLAT CAi1B-4-ET 1, PAGES 365-366; "WATERSIDE VILLAGES OF CURRITUCK PHASE 6" BY B SSELL PROFESSIONAL GROUP, JAMES WESLEY HUGGJNS, PLS, DATED DECEMBER 23, 2005 AND RECORDED APRIL 19, 2006 AI PLAT CABINET I PAGES 367-368; "WATERSIDE VILLAGES OF CURRITUCK PHASE 5" BY BISSELL PROFESSIONAL GROUP, JAMES WESLEY HUGGINS, PLS, DATED JULY 24, 2006 AND RECORDED OCTOBER 5, 20061N I PLAT CA_BMT J, PAGES 71-72, "WATERSIDE VILLAGES OF CURRITUCK PHASE CONDOMINIUM PARCEL" BY BISSELL PROFESSIONAL, GROUP, JAMES WESLEY HUGGINS, PLS, DATED JANUARY 3, 2007 AND RECORDED JANUARY 23, 2007 IN PLAT CABINET J, PAGES 146-147 ALL IN THE CURRITUCK COUNTY REGISTRY; LESS AND EXCEPT: STATE OF NORTH CAROLINA, COUNTY OF CURRITUCK, TOWNSHIP OF POPLAR BRANCH, CONSISTING OF 6.00 ACRES, REFERRED TO AS "WASTEWATER TREATMENT SITE" ON THE MAP OF SUBDIVISION ENTITLED "WATERSIDE VILLAGES OF CURRITUCK PHASE 1" BY BISSELL PROFESSIONAL GROUP, LAMES WESLEY HUGGINS, PLS, DATED OCTOBER 21, 2005 AND RECORDED NOVEMBER 2, 2005 IN PLAT CABINET I AT PAGE 259 IN THE, CURRITUCK COUNTY REGISTRY TO WHICH REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME. R3-3006157 16 B50K EXMIT S Grantee Property STATE OF NORTH CAROLINA, COUNTY OF CURRITUCK, TOWNSHIP OF POPLAR BRANCH, CONSISTING OF 6.00 ACRES, REFERRED TO AS "WASTEWATER TREATMENT SITE" ON THE MAP OF SUBDIVISION ENTITLED "WATERSIDE VILLAGES Of CURRITUCK PHASE 1" BY BISSELL PROFESSIONAL GROUP, JAMS WESLEY HUGGINS, PLS, DATED OCTOBER. 21, 2005 AND RECORDED NOVEMBER 2, 2005 IN PLAT CABWET I AT PAGE 259 IN THE CURRITUCK COUNTY REGISTRY TO W141CH REFERENCE IS HEREBY MADE FOR A MORE PAXnCULAR DESCRIPTION OF SAME. AT-300615, vb BOOK I IV6FMEU2ZU [Signature Page to Mon -Exclusive Wastewaler Utility System Easement Agreement] fN WITNESS WHEREOF, Grantor and Grantee have caused this Easement Agreement to be duty executed in their respective names, all by authority duty given, under seal, as of the Effective Date. GRANTOR: WATERSIDE VILLAGES, LLC, a North Casolina limited liability company (SEAL) By. Wells Fargo Bank, National Association (SEAT.), its Sole Member By: W l-w Dl— �' NAME, TITLE County ofWcp. State of Ah (' lh l G-r'oAr'G I certify that the fallowing person personalty appeared before me this day and acknowledged to me that he or she voluntsrily signed the foregoing document for the pttrpose stated therein and in the capacity indicated: (j. J ji L Min0 kr= c Date; � 2012 (Official Seal below) ttj'I- RI V�r��'�i � r Aub1\0 C3: RT-30M 152 �6 PriA Name: r j2rl,trs` Notary Public My commission expires: !�^ L f — C-b 16 Buoy i i b 6 PAGE +9 2 51 (.Signature Page to Nan -Exclusive Wastewater Uldiry System Easement Agreement] iN WITNESS W EREO , Grantor and Grantee have caused this Easement Agreement to be duly executed in their respective names, all by authority duly given, under seal, as of the Effective Date. GRANTEE: CURRITUCK COUNTY, a political subdivision of the State of Nortb Carolina By: (SEAT ) 'Daniel r. Scanlon, 11, County Manager County of &yi4UCIL State of vD�1,Y1a 1 certify that the following person personally appeared before me this day acknowledging to me that he signed the foregoing document: Daniel F. S.0"10-11,County Manager of Currituck County. a political s ivisioaafthc tat ofNot7i5 li a_ Date: 4qLi 8 2012 Print Name: L— fe V1 M , (Official Seal below) Notary Public My commission expires: 3 i a-D t EILEEN M %MRTH 3It)TRiiY Pit&JC CURRrrUCK COUNTY, NC myCarmpM MF�*U3.7S40M Rr•3006151 ,5 Boaz 115 S PAGE 0 2 a 2 This instrument has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. Sandra Hill, Currituck County Finance Director County of �ilirirlu�lc- State of 1 nd 1 certify that the following person personally appeared befo eve tlsi -d .y acknowledging to me that he signed the foregoing document; Sandra Hitt- Financa o_ Cum ck Co a ihica subdivision of the State gfNort_ h Caroiir a. Date: Yl , ZDl2 t ► t • �/U f� Print Name: w'vh y. (Official Sea! below) Notary Public f My commission expires: _ EILEEN M W RTN NOTARY PtXXX CURRITUCK COUNTY, NC W t mm*9be Evk" 3-l"M R7-3006152'6 �e G`} �O cy NOf51A10 IdiUX3 3d;)V OF/NOUVIA HN033N 7,90,Wd A'flhVfNOaMO:) YXILI MO Ja sg-DVTIIA HaTSUMLYA jc €cam �4s;xx �sg4d o�- Y F p54 „-'c Kul 1 Y j a #z �S by� =4 c".`.i.".- 4J �,�L ��r{c- ¢Tw s ��a�xT+� •%� z c.� _.ten: r :c....� v �. _s_v e Gam" Gy �y �Z Hjo- 45�t�v.,•`N'"�_'� yip` s>'�w� w:t ;[-[k n � . `� • . ' Y ` @ ' � � ¢ � Y:Vf?OtY] H' DN 1N�0? .Y].7��' :)] i. a. IPL .a:V'r8 ' Y7 9 vz.-s i�zu 0r� n�r��ryry����7��11 ,,rr/��y r7,[1��p �7/�•�ry �r�� 1L1eOMO JO SSDY ffA erltf.[e]a.rt,r,Y t�T l r I 3 s! a i ,l t. - .sec• �I —�l �u �S06�cu • x. `��,. F� �"wYlS •"� `R WAN"..."..'-K�tGc71 YMn.F€'jJ:ETF 1C,ihi II� _�^ �..<€cl: - '�! � n � " ? ^_ I I ^�^�:.s al.-'v � � k�n;c � aie•lw1'_ ar•� -'T alp h.r aiv -i �'•'21 -,1. �n « m , ! .I �. € E�, I i I~ IY �Iv '� •� I •l.i .-al_ al�kRls _ IN�'N �'.•;a�'�- � r• _ _ _ ^1vk..�r Ern':.. r•k,, y` <09= W R 17 '�1�4e.3 Srl<i r �' uc - •: r :.I v.�IlongyzS, r<:� p'�ll NCDENR North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director July 24, 2012 DANIEL F. SCANLON, II — COUNTY MANAGER COUNTY OF CURRITUCK 153 COURTHOUSE ROAD — SUITE 204 CU RRITUCK, NORTH CAROLINA 27929 Dear Mr. Scanlon: Resources Dee Freeman Secretary Subject: Permit No. WQ0023634 Waterside Villages WWTP High -Rate Infiltration System Currituck County In accordance with your permit change of ownership request received July 5, 2012, we are forwarding herewith Permit No. WQ0023634 dated July 24, 2012, to the County of Currituck for the continued operation of the subject wastewater treatment and high -rate infiltration facilities. Please note the Permittee has been changed from Waterside Villages, LLC to the County of Currituck. In addition, the permit type has been changed from Surface Irrigation to High -Rate Infiltration. This change was done solely to reflect the existing facility type under the current 15A NCAC 02T rules. Please note that all setbacks, etc. remain as they were when this facility was originally permitted under 15A NCAC 02H .0200. Please note that on August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State," was enacted by the General Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the expiration date of certain government approvals and permits. In addition, Session Law 2010-177 extended the Act by another year. Permit No. WQ0023634 falls within the scope of this Act and is therefore being extended until February 28, 2018. A renewal application must still be submitted six months in advance of the extended expiration date. This permit shall be effective from the date of issuance until February 28, 2018, shall void Permit No. WQ0023634 issued March 31, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular 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 shall result in future compliance problems. For your convenience, customized electronic copies of your facility's NDMR and NDAR-2 reporting forms are available for download at: http://portal.ncdeiir.or webhvq'aps/lati/reporting. AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Locafow 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone 919-807-64641 FAX 919-807-6496 Internet www.ncwateraua6.0rQ An Lqua Opport i mty 1 Afrrmahve Action Employe- NorthCarohna Natura!!tf Mr. Daniel F. Scanlon, II July 24, 2012 Page 2 of 4 Please note the following permit conditions have been removed since the last permit issuance: ➢ Old Condition I.I. —This condition was removed because monitoring wells MW-10, MW-11, MW-12, MW-13 and MW-14 have been installed. ➢ Old Condition 1.2. — This condition was removed because a scaled site map has been submitted. ➢ Old Condition 1.3. — This condition was removed because monitoring wells MW-1, MW-2, MW-3 and MW-4 have been temporarily abandoned. ➢ Old Condition 1.4. — This condition was removed because monitoring wells MW-5, MW-6, MW-7, MW-8 and MW-9, and piezometers P-1 and P-2 have been permanently abandoned. ➢ Old Condition 1.6. — This condition has been removed because the new Permittee (County of Currituck) is not considered an Interim Treatment and Disposal Facility, therefore is not subject to 15A NCAC 02H .0404(g). ➢ Old Condition 11.10. — Please note that several setbacks from the previous permit issuance were removed because they were not applicable when the permit was originally issued and modified under 15A NCAC 02H .0200. ➢ Old Condition 11.11. — This condition has been removed because the new Permittee (County of Currituck) is not considered an Interim Treatment and Disposal Facility, therefore is not subject to 15A NCAC 02H .0404(g). ➢ Old Condition 11I.5. — This condition has been removed because the facility does not have the ability to prevent high -rate spray infiltration during inclement weather or when the ground is in a condition that will cause ponding or runoff (i.e., the facility does not have storage). ➢ Old Condition IV.9. — This condition was removed because monitoring wells MW-10, MW- 11, MW-12, MW-13 and MW-14 have been installed. Please note the following permit conditions are new since the last permit issuance: ➢ Condition II.10. — This condition requires the Permittee to modify their permit prior to the sale of any land that may affect the existing compliance boundary. ➢ Condition VI.8. — This condition notes that this permit is subject to revocation or unilateral modification within 60 days notice from the Division if the terms in 15A NCAC 02T 0110 are violated. ➢ Condition VI.9. - This condition notes that this facilities in this permit may not be expanded if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). Mr. Daniel F. Scanlon, II July 24, 2012 Page 3 of 4 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 Nathaniel Thornburg at (919) 807-6453 or nathaniel.thornburg..c�t ncdenr. ov. Sincerely, C 'arles akild, P.E. cc: Currituck County Health Department Washington Regional Office, Aquifer Protection Section Permit File WQ0023634 Notebook File WQ0023634 Mr. Daniel F. Scanlon, II July 24, 2012 Page 4 of 4 THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH HIGH -RATE INFILTRATION 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 County of Currituck Currituck County FOR THE continued operation of a 120,000 gallon per day (GPD) wastewater treatment and high -rate spray infiltration facility consisting of: a flow splitter box; a manually cleaned bar screen; four flow equalization tanks totaling 40,000 gallons with two 83.3 gallon per minute (GPM) pumps; 10 coarse bubble aeration basins totaling 93,125 gallons; six 4,162 gallon clarifiers; three 10,000 gallon aerated sludge holding tanks; three 108 square foot (ft') fixed media filters; ultraviolet (UV) disinfection; an 8,000 gallon dosing tank with two 210 GPM pumps; an 85,502 ft' high -rate infiltration spray bed surrounded by a 6 inch berm; a 50 kilowatt (kW) diesel standby generator with automatic transfer switch; a groundwater lowering drain surrounding all sides of the application area and discharging to Currituck Sound; and all valves, piping and appurtenances to serve the Waterside Villages WWTP, with no discharge of wastes to surface waters, pursuant to the application received July 5, 2012, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until February 28, 2018, shall void Permit No. WQ0023634 issued March 13, 2009, and shall be subject to the following specified conditions and limitations: 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, WQ0023634 Version 2.2 Shell Version 120530 Pagel of 8 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 high -rate spray infiltration 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 disposal facilities. 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. 3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. 4. Effluent quality shall not exceed the limitations specified in Attachment A. 5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. 6. The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC 02L .0107(b). 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. 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. 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. 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). 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 Currituck 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. WQ0023634 Version 2.2 Shell Version 120530 Page 2 of 8 11. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for high -rate spray infiltration 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: 1001 ii. Drainage ways and surface waters: 502 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 50 v. Public right of way: 50 Except where an easement has been provided for the tennis court at the southeast corner of the site. 2 Except for the groundwater lowering device approximately 40 feet from the site. 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: 100 ii. Any property line: 50 III. OPERATION AND MAINTENANCE REQUIREMENTS l . 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 pursuant to 15A NCAC 02T .0707, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. 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. 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 high -rate spray infiltration system. 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the high -rate spray infiltration sites listed in Attachment B. At a minimum, a six inch berm shall be maintained around the high -rate spray infiltration site, and located outside the wetted area and as close as possible to the perimeter fence. 5. All high -rate spray infiltration 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. 6. Only effluent from Waterside Villages WWTP shall be high -rate spray infiltrated on the sites listed in Attachment B. 7. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. WQ0023634 Version 2.2 Shell Version 120530 Page 3 of 8 8. No automobiles or machinery shall be allowed on the high -rate spray infiltration sites except during equipment installation or while maintenance is being performed. 9. Public access to the high -rate spray infiltration sites and wastewater treatment facilities shall be prohibited. 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 .0708. 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 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. 2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow. 4. The Permittee shall monitor the effluent from the subject facilities, the under -drain system and the groundwater lowering system at the frequencies and locations for the parameters specified in Attachment A. 5. The Permittee shall maintain adequate records tracking the amount of effluent spray infiltrated. At a minimum, these records shall include the following information for each high -rate spray infiltration site listed in Attachment B: a. Date of spray infiltration; b. Volume of effluent spray infiltrated; c. Site spray infiltrated; d. Length of time site is spray infiltrated; e. Loading rates to each infiltration site listed in Attachment B; f. Weather conditions; and g. Maintenance of cover crops. WQ0023634 Version 2.2 Shell Version 120530 Page 4 of 8 6. 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 Condition IV.5.) on Form NDAR-2 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 Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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. 8. 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. Date and results of power interruption testing on alternate power supply; b. Date of calibration of flow measurement device; c. Visual observations of the plant and plant site; and d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). 9. Monitoring wells shall be sampled after construction and within 3 months prior to initiating non - discharge disposal operations. Monitoring wells shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. 10. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW- 59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 WQ0023634 Version 2.2 Shell Version 120530 Page 5 of 8 V. 11. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each high -rate spray infiltration 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 12. Noncompliance Notification: The Permittee shall report by telephone to the Washington Regional Office, telephone number (252) 946-6481, 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. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is 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 high -rate spray infiltration 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 be taken to ensure the problem does not recur. 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and high -rate spray infiltration facilities. 2. The Permittee or their designee shall inspect the wastewater treatment and high -rate spray infiltration 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. 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 high -rate spray infiltration 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. WQ0023634 Version 2.2 Shell Version 120530 Page 6 of 8 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. 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. 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). 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 the Division's 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. 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. 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 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 pursuant to 15A NCAC 02T .01050). 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. 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). 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 pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the 241h day of July 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION arles akild, Director �T Division of Water Quality By Authority of the Fnvironmental Management Commission Permit Number WQ0023634 WQ0023634 Version 2.2 Shell Version 120530 Page 7 of 8 THIS PAGE BLANK WQ0023634 Version 2.2 Shell Version 120530 Page 8 of 8 z y 'W •m .O .D y y m .O O y vi RF E E C`7 E E E 0 E E w U U U CL U U U U a w oG C7 _z a�i aCi o o 0 0 0 0 W L X k k 0 X X X X M X N M N U N N N N I: i•. cc A I: •C F A .] y � � O V d bL V d O Q O O O -.1. O O ie C N Z O O a., d a y' at c aQ o y E E c7 E E E E E 4t o _ vFi n o 0 z o L. - z CD W c° 00 p •C E o o� .. Ln U cc N U cOi o E c E o N F• �^ "� o A moo. 3 0 0 0 •v man w U U u. z z z d o 0 �o 0 0 0 0 0 0 0 o pV V O O M V1 O O O O l- O N 4. 0 c co a ra i L. E U N 0 E O U ¢ O O y U 0 0 w •O U � � N y ,^ N C w O O 0 O E 'T T M c N X C moo. 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