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HomeMy WebLinkAboutWQ0015515_Final Permit_20231031ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director MISSY BEUCHERT — PRESIDENT NORTH CAROLINA Environmental Quality October 31, 2023 HEAVENLY MOUNTAIN RESIDENTIAL ASSOCIATION, INC. 1896 HEAVENLY MOUNTAIN DRIVE BOONE, NORTH CAROLINA 28607 Subject: Permit No. WQ0015515 Bear Pen Village WWTP Wastewater Irrigation System Watauga County Dear Ms. Beuchert, In response to your permit renewal request received on May 24, 2023, and subsequent additional information received on September 20, 2023, we are forwarding herewith Permit No. WQ0015515 dated October 31, 2023, to Heavenly Mountain Residential Association, Inc. for the continued operation of the subject wastewater treatment and irrigation facilities. This permit is effective from December 1, 2023, through November 30, 2031, shall replace Permit No. WQ0015515 issued on August 30, 2018, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than June 3, 2031. Please pay attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information may result in future non-compliance. The Division has removed the following permit conditions since the last permit issuance dated August 30, 2018: ➢ Old Condition IL11 — The Division has removed this condition because it is not applicable to this facility. ➢ Old Condition VL2 — The Division has removed this condition because permits are not voidable. The following permit conditions are new or modified since the last permit issuance dated August 30, 2018: ➢ Condition II1.13 —This condition requires the Permittee test and calibrate metering equipment annually. ➢ Condition IIL14 — This condition requires the Permittee provide and maintain an on -site automatically activated standby power source capable of powering all essential treatment units. ➢ Condition IV.7 — The Division modified this condition to require the Permittee to maintain records of all residuals removed from the facility for eight years. D � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA �0w0_0 W �i­0­; /I 919,707.9000 Ms. Missy Beuchert October 31, 2023 Page 2 of 2 ➢ Condition IV.8 — The Division modified this condition to require the Permittee to keep maintenance log records for eight years. ➢ Condition V1.10 —This condition requires the Permittee pay an annual fee for each year of the term of this permit. This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those interested in filing may access additional information regarding the requirements for filing a Petition and Petition forms at the OAH website or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition shall serve a copy of the Petition on the Department of Environmental Quality's Office of General Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the party filing the Petition is not the Permittee, then the party shall also serve the Permittee pursuant to G.S. 15013-23(a). If you need additional information concerning this permit, please contact Leah Parente at (919) 707-3656 or leah.parentekdeq.nc.gov. Sincerely, � Do�cuyySignedby- Richard E. Rogers, Jr., Director Division of Water Resources cc: Watauga County Health Department (Electronic Copy) Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT Pursuant to the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Heavenly Mountain Residential Association, Inc. Watauga County FOR THE continued operation of a 20,000 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a single train package plant with bar screen; an effluent H-plume with ultrasonic flowmeter; a 5,000 gallon equalization basin with dual 30 gallon per minute (GPM) pump and audible/visual high-water alarms; a 20,000 gallon aeration chamber with dual 216 cubic feet per minute (CFM) blowers; a 6,700 gallon sludge holding chamber; a 47 CFM blower for the EQ basin and sludge holding chamber; a hopper bottom clarifier; dual six square foot (ft2) tertiary filters; a tablet chlorinator; a 1,000,000 gallon effluent storage tank; an emergency generator connector; available portable generator; dual 55 GPM irrigation pumps; a "Perc-Rite" control/filtration system; a 6.0 acre drip irrigation area consisting of four 1.5 acre zones; and all associated piping, valves, controls, and appurtenances to serve the Bear Pen Village WWTP, with no discharge of wastes to surface waters, pursuant to the application received on May 24, 2023, subsequent additional information received on September 20, 2023, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit is effective from December 1, 2023, through November 30, 2031, shall replace Permit No. WQ0015515 issued on August 30, 2018, and is subject to the following conditions and limitations: I. SCHEDULES 1. Thirty days prior to increasing the flow above 10,000 GPD, the Permittee shall notify the Non - Discharge Branch via the Non -Discharge online portal. Upon Notification, the Division will suspend PPI 001 and activate PPI 002. [15A NCAC 02T .0108(b)(1)(B)1 2. If the permitted facilities change ownership or the Permittee changes its name, the Permittee shall submit a permit modification request on Division -approved forms within 90 days of the change of ownership. The Permittee shall comply with all terms and conditions of this permit until the Division transfers the permit to the successor -owner. [G.S. 143-215.IW)] 3. The Permittee shall request renewal of this permit on Division -approved forms no later than June 3, 2031. [15A NCAC 02T .0105(b), 02T .01091 WQ0015515 Version 5.0 Shell Version 230725 Page 1 of 9 IL PERFORMANCE STANDARDS The Permittee shall operate and maintain the subject wastewater treatment and irrigation facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities do not perform as designed, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to 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. [ 15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of its responsibility for contravention of groundwater or surface water standards resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)(A)] 4. The Permittee shall not irrigate effluent in exceedance of the hydraulic and agronomic rates specified m Attachment B. [15A NCAC 02T .0108(b)(1)(A)] 5. The attached Operational Agreement is a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all measures pursuant to G.S. 143-215.6A, G.S. 143-215.6B, and G.S. 143-215.6C for violation of or failure to act pursuant to the terms and conditions of this permit. [ 15A NCAC 02T .0115] 6. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent irrigation during precipitation events or wet conditions. [ 15A NCAC 02T .0505(x)] 7. For wastewater irrigation fields originally permitted on or after December 30, 1983, the Division has established the compliance boundary 250 feet from the irrigation area boundary or 50 feet within the property boundary, whichever is closest to the irrigation area boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require the Permittee to take corrective action. The Division shall note any Division -approved relocation of the compliance boundary in Attachment B. The Division shall consider multiple contiguous properties under common ownership and permitted for use as a disposal system as a single property regarding the determination of a compliance boundary. [15A NCAC 02L .0106(e), 02L .0107(b), 02L .0107(c), 02L .0107(fl, 02T .0105 h 8. The Division has established the review boundary midway between the compliance boundary and the irrigation area boundary. Any exceedance of groundwater standards at or beyond the review boundary shall require the Permittee to take preventative action. [ 15A NCAC 02L .0106(d), 02L .01081 9. The Permittee shall notify the Division of any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(1)] 10. The Permittee or any landowner who owns land within the compliance boundary shall not construct any water supply wells within the compliance boundary. [ 15A NCAC 02L .0107(i)1 WQ0015515 Version 5.0 Shell Version 230725 Page 2 of 9 11. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. The Division originally permitted the irrigation sites on June 28, 1999, with an application received on June 22, 1998. The setbacks for drip irrigation sites originally permitted or modified with an application received from February 1, 1993, through August 31, 2006, are as follows (all distances in feet): i. Each private or public water supply source: 100 ii. Surface waters: 100 iii. Groundwater lowering ditches: 25 iv. Surface water diversions (upslope): 10 v. Surface water diversions (downslope): 25 vi. Each well with exception of monitoring wells: 100 vii. Each property line: 501 viii. Top of slope of embankments or cuts of two feet or more in vertical height: 15 ix. Each water line: 10 x. Each swimming pool: 100 xi. Public right of way: 50 xii. Nitrification field: 20 xiii. Each building foundation or basement: 15 ' Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [ 15A NCAC 02H .0219(i)(5)] b. The Division originally permitted the treatment and storage units on June 28, 1999, with an application received on June 22, 1998. The setbacks for treatment and storage units originally permitted or modified with an application received from February 1, 1993, through August 31, 2006, are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 Z vi. Nitrification field: 20 ' Habitable residences or places of assembly under separate ownership constructed after the Division originally permitted or subsequently modified the facilities are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [ 15A NCAC 02H .0219(i)(5)] WQ0015515 Version 5.0 Shell Version 230725 Page 3 of 9 III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in sufficient detail to show what operations are necessary for the system to function and who shall conduct the operations. b. A description of the anticipated maintenance of the system. c. Provisions for safety measures, including restriction of access to the site and equipment. d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation; and contact information for personnel, emergency responders, and regulatory agencies. [ 15A NCAC 02T .0507(a)1 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified Operator in Responsible Charge (ORC), and one or more certified operators as Back-up ORCs. The ORC or its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204 and 08G .0205. [ 15A NCAC 02T .0117] 4. The Permittee shall maintain a year-round vegetative cover on the irrigation area such that crop health is optimal and allows even effluent distribution and inspection of the irrigation system. [15A NCAC 02T .0507(b)] 5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation area. [ 15A NCAC 02T .0507(c)1 6. The Permittee shall not irrigate treated effluent during inclement weather or when the soil is in a condition that will cause ponding or runoff. [ 15A NCAC 02T .0505(x)] 7. The Permittee shall test and calibrate the irrigation equipment once per permit cycle. [ 15A NCAC 02T .0507 d 8. The Permittee shall only irrigate treated effluent from the Bear Pen Village WWTP onto the sites listed in Attachment B. [15A NCAC 02T .0501] 9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)] 10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities. [ 15A NCAC 02T .0505(g)] 11. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .0508, 02T .1101]. 12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0505(i)] 13. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the embankment to the maximum allowable temporary storage elevation on the inside of the embankment). The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0507(g)1 WQ0015515 Version 5.0 Shell Version 230725 Page 4 of 9 14. The Permittee shall test and calibrate metering equipment annually. [15A NCAC 02T .0507(d)] 15. The Permittee shall provide and maintain onsi capable of powering all essential treatment units power supply, the Permittee shall test it weekly. IV. MONITORING AND REPORTING e an automatically activated standby power source If the Permittee employs a generator as an alternate [15A NCAC 02T .0505(1)] 1. The Permittee shall conduct and report any Division -required monitoring, including the monitoring of groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if necessary to evaluate this facility's impact on groundwater and surface water. [ 15A NCAC 02T .0108(c)1 2. A Division -certified laboratory shall conduct all analyses for the required parameters specified in Attachment A. Parameters measured on -site with in -line metering equipment are exempt from a Division -certified laboratory analvsis. [15A NCAC 02H .08051 3. The Permittee shall continuously monitor flow through the treatment facility and report daily flow values on Form NDMR. Facilities with a permitted flow of less than 10,000 GPD may estimate its flow from water usage records provided the water source has a metering device. [15A NCAC 02T .0105 k , 02T .0108(c)1 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [ 15A NCAC 02T .0105(k), 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of effluent irrigated, which shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation. b. Volume of effluent irrigated. c. Site irrigated. d. Length of site irrigation time. e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings. f Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B. g. Weather conditions. h. Maintenance of cover crops. [ 15A NCAC 02T .0108(c)] 6. On or before the last day of the month following the previous month's sampling, the Permittee shall submit monitoring data (as specified in Conditions IV.3 and IVA) on Form NDMR for each PPI and operation and disposal records (as specified in Condition IV.5) on Form NDAR-1 for every site in Attachment B. If no activities occurred during the monitoring month, the Permittee shall still submit monitoring reports documenting the absence of the activity. The Permittee shall submit the reports via the Non -Discharge monitoring report portal. [15A NCAC 02T .0105(1)] 7. The Permittee shall maintain records of all residuals removed from this facility. The Permittee shall maintain these records for eight years and shall make them available to the Division upon request. These records shall include: a. Name of the residuals hauler. b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals. c. Residuals hauling date. d. Volume of residuals removed. [ 15A NCAC 02T .0508(b)] WQ0015515 Version 5.0 Shell Version 230725 Page 5 of 9 8. The Permittee shall keep a log of all maintenance done at this facility. The Permittee shall maintain this log for eight years and shall make it available to the Division upon request. This log shall include: a. Date of flow measurement device calibration. b. Date of irrigation equipment calibration. c. Visual observations of the plant and plant site. d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections, cleanings, etc.). e. Date and results of the alternate power supply testing. [ 15A NCAC 02T .0507(h)] 9. The Permittee shall conduct an annual representative soil analysis (i.e., Standard Soil Fertility Analysis) on each irrigation site listed in Attachment B. The Permittee shall maintain these results at the facility for eight years and shall make them available to the Division upon request. Each 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)1 10. Noncompliance Notification: The Permittee shall report to the Winston-Salem Regional Office, telephone number (336) 776-9800, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at the telephone number (800) 858-0368. All noncompliance notifications shall file a written report to the Winston-Salem Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)1 WQ0015515 Version 5.0 Shell Version 230725 Page 6 of 9 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0507(i)] 2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for eight years from the date of the inspection and shall make this log available to the Division upon request. [15A NCAC 02T .0507(h), 02T .0507(i)] Division -authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the permitted wastewater treatment and irrigation facilities at any reasonable time for determining compliance with this permit. Division -authorized representatives may inspect or copy records maintained under the terms and conditions of this permit and may collect influent, treatment process water, effluent, residual, soil, plant tissue, groundwater, or surface water samples. [G.S. 143-215.3(a)(2)1 VI. GENERAL The Permittee's failure to comply with this permit's conditions and limitations may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C] 2. This permit is effective only for the nature and volume of wastes described in the permit application and Division -approved plans and specifications. [G.S. 143-215.1(d)] There are no variances to administrative codes or general statutes governing the construction or operation of the permitted facilities unless the Permittee specifically requested a variance in the application and the Division approved the variance as noted in this permit's facility description. [15A NCAC 02T .0105(b)] 4. This permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0 1 08(b)(1)(A)] 5. The Permittee shall retain this permit and the Division -approved plans and specifications for the life of the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d)] 6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T .0105 ] WQ0015515 Version 5.0 Shell Version 230725 Page 7 of 9 7. This permit is subject to revocation or modification upon 60-day notice from the Division Director in whole or part for: a. Violation of any terms or conditions of this permit or 15A NCAC 02T. b. Obtaining a permit by misrepresentation or failure to disclose all relevant facts. c. The Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. To enter the Permittee's premises where a system is located or where the Permittee keeps any Division -required records under the terms and conditions of this permit. ii. To have access to any permit -required documents and records. iii. To inspect any monitoring equipment or method as required in this permit. iv. To sample any pollutants. d. The Permittee's failure to pay the annual fee for administering and compliance monitoring. e. A Division determination that the conditions of this permit conflict with the North Carolina Administrative Code or General Statutes. [ 15A NCAC 02T .01101 8. Unless the Division determines that the Permittee needs a permit modification for the construction of facilities to resolve non-compliance with any environmental statute or rule, or the Division Director grants a variance, expansion of the permitted facilities shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.613 or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this conviction. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility in accordance with its permit or 15A NCAC 02T. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this penalty. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee pursuant to 15A NCAC 02T .0105(e)(2). [ 15A NCAC 02T .0120(b), 02T .0120(d)] 9. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0105(e)(2). [15A NCAC 02T .0120 c , 02T .0120(d)1 WQ0015515 Version 5.0 Shell Version 230725 Page 8 of 9 10. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule in G.S. 143-215.31)(a). The Permittee shall continue to pay annual fees for any facility operating on an expired permit that the Division has not rescinded or revoked. [ 15A NCAC 02T .0105(e)(2)] Permit issued this the 31st day of October 2023 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: EG#V D1043082680C483... Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0015515 WQ0015515 Version 5.0 Shell Version 230725 Page 9 of 9 THIS PAGE BLANK ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Heavenly Mountain Residential Association, Inc. PPI 001— WWTP Effluent (Effective when Q < 10,000 GPD) Certification Date: October 31, 2023 Permit Number: WQ0015515 Version: 5.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Pa0lrameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 4 x Year' Grab 50060 Chlorine, Total Residual mg/L Weekly Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL 4 x Year Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 10,000 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L 4 x Year' Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 4 x Year' Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 4 x Year Grab 00600 Nitrogen, Total (as N) mg/L 4 x Year 1 Grab 00400 pH, field measured su Weekly Grab 00665 Phosphorus, Total (as P) mg/L 4 x Year Grab 00530 Solids, Total Suspended mg/L 4 x Year 1 Grab 1. The Permittee shall conduct 4 x Year sampling in February, May, August, and November. WQ0015515 Version 5.0 Attachment A Page 1 of 2 ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Heavenly Mountain Residential Association, Inc. PPI 002 — WWTP Effluent (Effective when Q > 10,000 GPD) Certification Date: October 31, 2023 Permit Number: WQ0015515 Version: 5.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Pa0lrameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L Monthly Grab 50060 Chlorine, Total Residual mg/L 5 x Week Grab 31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C #/100 mL Monthly Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 20,000 Continuous Recorder 00610 Nitrogen, Ammonia Total (as N) mg/L Monthly Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L Monthly Grab 00620 Nitrogen, Nitrate Total (as N) mg/L Monthly Grab 00600 Nitrogen, Total (as N) mg/L Monthly Grab 00400 pH, field measured su 5 x Week Grab 00665 Phosphorus, Total (as P) mg/L Monthly Grab 00530 Solids, Total Suspended mg/L Monthly Grab WQ0015515 Version 5.0 Attachment A Page 2 of 2 ATTACHMENT B — APPROVED LAND APPLICATION SITES AND LIMITATIONS Heavenly Mountain Residential Association, Inc. Certification Date: October 31, 2023 Permit Number: WQ0015515 Version: 5.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner Parcel No. County Latitude Longitude Net Dominant Parameter Hourly Yearly Units Acreage Soil Series Rate Max Heavenly Mountain AcF — Ashe- I Residential Association, Inc. 2849510323000 Watauga 36.173455' -81.555633' 1.5 Chestnut complex, 01284 —Non-Discharge Application Rate 0.2 44 inches 50-95% slopes Heavenly Mountain AcF — Ashe- 2 Residential Association, Inc. 2849510323000 Watauga 36.173220' -81.556985' 1.5 Chestnut complex, 01284 —Non-Discharge Application Rate 0.2 44 inches 50-95% slopes Heavenly Mountain AcF — Ashe- 3 Residential Association, Inc. 2849510323000 Watauga 36.172761' -81.558277' 1.5 Chestnut complex, 01284 —Non-Discharge Application Rate 0.2 44 inches 50-95% slope Heavenly Mountain AcF — Ashe- 4 Residential Association, Inc. 2849510323000 Watauga 36.171899' -81.559133' 1.5 Chestnut complex, 01284 —Non-Discharge Application Rate 0.2 44 inches 50-95% slopes Total: 6.0 WQ0015515 Version 5.0 Attachment B Page 1 of 1 STATE OF NORTH CAROLINA COUNTY OF Watauga ERATIONAL AGREE Attachment E page 1 of 2 Permit No. This AGREEMENT made pursuant to G.S. 143,w215.1 (dl) and entered into this �_ day of a,f.0 2022�, by Commission Heavenl IN and between the North Carolina Environmental Management agency of the State of North Carolina, hereinafter known as the COMMISSION; and Mountain Residential Association, Inc. ,anon-pcoftt corporation organized and existing unde ASSOCIATION. r and by virtue of the laws of the State of North Carolina, hereinafter known as the WITNESSETH: I a The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as Heavenly Mountain Residential Association, Inc. 0 (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or dispose' facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSUCIATI4N desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5,s The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, 'ion cons11 ideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modificat10 ions to the Disposal System in accordance with the permit and plans and specifi cations hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and 0 facilities in accordance with applicable Pe 'it provisions and law. 2, The ASSOCIATION. shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, Q1lU ll1G1111LG11G111io1Fw Vl U1G D0Y.7&G111 Gllllj 1Li%+il1&IVJ. L 114 GlilU L.#qyiRVVJ a1M41 IUGl►t-►1Y Uiv GlllliG wastewater treatment, collection and disposal system as a common element, which will receive the highest Priority for expenditures by the Association except for Federal, State, and local taxes and insurance. FORM: HOA 01a20 Page I of 2 Scanned with CamScanner Attachment E page 2 of 2 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of t common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 6• Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 29 39 49 59 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. M WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FAR THE ENVIRONMENTAL MANAGEMENT COMMISSION e—DocuSigned by: Richard E. Rogers, Jr... Director Division of Water Resources 10/31/2023 one (Date) FORM: HOA 01,w20 Heavenly Mountain R.esidential Association � Name of ASSOCIATION Imp- IV - (Signature) r ICCA e I010 Print Name and Title I rig 0 � 9 2023 (Date) Page 2 of 2 Scanned with CarScanner FIGURE 1 — SITE MAP Bear Pen Village WWTP r ;i ; 246 Summit Rise Drive Boone, North Carolina 28607 oil y W jyj.4 �* gr _ Ra IL s yyam�,- 7 t'i • a Permit Number: WQ0015515 Version 5.0