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HomeMy WebLinkAboutWQ0029233_Final Permit_20110415HCDEN North Carolina Department of Environment and Divisior: o- Water Qualiel• Sevedy Eaves Eerdus Coleer. H. Sullins Governor Directc, April 15, 2011 Natura•I Resources Dee f=reeman Secretary MICKEY LUKER — VICE PRESIDENT OF HOSPITALITY & DEVELOPMENT MDR BEAR LAKE, LLC POST OFFICE" BOX 96 - TUCKASEGEE, NORTH CAROLINA 28783 Dear Mr. Luker: Subject: Permit No. WQ0029233 Bear Lake Reserve Non -Conjunctive Reclaimed Water System Jackson County In accordance with your permit change of ownership request received April 11, 2011, we are forwarding herewith Permit No. WQ0029233 dated April 15, 2011, to MDR Bear Lake, LLC for the construction and operation of the subject wastewater treatment and non -conjunctive reclaimed water facilities. Please note the Permittee has been changed from Centex Destination Properties to MDR Bear Lake, LLC. 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 Genefal 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. On August 2, 2010, this Act was extended an additional year. The subject permit falls within the scope of this Act and is therefore being extended to September 30, 2014. This permit shall be effective from the date of issuance until September 30, 2014, shall void Permit No. WQ0029233 issued October 3, 2005, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. 1t :a r la. Scf. -, Ce`... F : C' :"', .:via 273'-_-` 272' ..c 7j_..' Bo. ic".'?':. f a`5.•_' ".Z.^ - F -I A FAX ' U -05. D- wvw,.nc%vaierotsa1P;,oro 01, N r 11"1"1 r a,-oh.n L Mr. Mickey Luker April 15, 2011 Page 2 of 4 Please note the following items have been removed since the last permit issuance dated October 3, 2005: Y Condition IV .1. — This condition was removed, however, the Permittee shall still maintain a one -foot vertical separation distance between the seasonal high water table and the ground surface in accordance with 15A NCAC 02T .0908(0). ➢ Condition IV.2. — This condition was removed because the five day upset pond liner has already been installed, and is inherently covered under 15A NCAC 02T .0908(#). Please note the following permit conditions and attachments are new since the last permit. issuance: Y Condition 1.3. — This condition requires that the Permittee install waste level gauges in the five day upset pond and the wet weather storage pond prior to their operation. Y Condition 11.8. — This condition requires the Permittee to maintain an active reclaimed/potable water cross connection control program.. ➢ 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 II.11. — This condition prohibits the construction of any well, other than -monitoring_ wells, inside the compliance boundary. Please note the previous permit was subject to this requirement under 15A NCAC 02L .0107(d), therefore, this condition is intended to voice this rule. Condition H.12. — This condition requires any landowner who owns land within the compliance boundary, but who is not the Permittee, to execute and file with the County Register of Deeds an easement with the requirements listed in the said Condition. -Please note the previous permit was subject to this requirement under 15A NCAC 02L .0107(f), therefore, this condition is intended to voice this rule. Y Condition III.6. — This condition requires that all utilization equipment be tested and calibrated at least once per permit cycle. ➢ Condition IV.2. — This condition requires that all laboratory analyses for effluent, ground waters, or surface waters be made by a Division certified laboratory. Condition VI.7. — This condition requires the Permittee to maintain this permit until all permitted facilities are properly closed or permitted under another permitting authority. Y Condition VIX — This condition notes that this permit is subject to revocation or unilateral modification within 60 days notice frorn the Division if the terms in 15A NCAC 02T .0110 are violated. Y 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. Mickey Luker April 15, 2011 Page 3, of 4 > Attachment A — This attachment contains the parameter monitoring and limit information located previously in old Condition IH.3. Please note that the following parameters have been removed from your monitoring schedule: Chlorides, Residual Chlorine, Settleable Matter, Total Dissolved Solids and Total Organic Carbon. Please note that per the Division of Water Quality's Aquifer Protection Section Domestic Wastewater Monitoring Policy, all non -discharge systems are having their effluent monitoring schedules reevaluated for all permit issuances after January 2007. Therefore, the sampling frequency for BOD;, Fecal Coliform, Ammonia. Nitrate and TSS and is now twice per month for the months of April through November and once per month for the months of December through March. In addition, pH shall now be sampled five times per week. Y Attachment B — This attachment consists of information contained in old Condition 11.7. 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 matter, please contact Nathaniel Thornburg at (919) 715-6160 or nathaniel.thornburg{a,ncdenr.go\•. Sincerely, Coleen ft Sullins CC' Jackson County Health Department Asheville Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit Permit File WQ0029233 Notebook File WQ0029233 Mr. Mickey Luker April 15, 2011 Page 4 of 4 THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH NON -CONJUNCTIVE RECLAIMED WATER 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 MDR Bear Lake, LLC Jackson County FOR THE construction and operation of a wastewater treatment and non -conjunctive reclaimed water facility limited to 125,000 gallon per day (GPD) from. April through November, and 25,000 GPD from December through March, which consists of: an influent pump station with dual 220 gallon per minute (GPM) pumps and audible/visual alarms; an influent flow meter; a manually cleaned bar screen; a 35,000 gallon flow equalization basin with two 116 GPM pumps and two 71 cubic feet per minute (CFM) blowers; a flow splitter box; two 12,500 gallon anoxic tanks each with two activated sludge airlift pumps and two 1.9 liorsepower (hp) mixers; four 29,300 gallon aeration tanks served by three 135 CFM blowers; four 10,600 gallon clarifiers each with air lift returns; a 34,400 gallon aerated sludge holding tank with air lift pumps and a 71 CFM blower; a microscreen drum filter with a high pressure backwash system; an ultraviolet (UV) disinfection system; an effluent flow meter; a turbidimeter; an onsite emergency generator; an 18,000 gallon pump tank with dual 190 GPM pumps and audible/visual alarms; a 625,000 gallon synthetically lined five day upset pond; a 344,900 gallon above ground circular storage tank; a drip irrigation flow meter; a disc filter; twenty drip irrigation fields totaling 15.13 acres and served by approximately 44,100 emitters each rated at 1.02 gallons per hour (GPH); and all associated piping, valves, controls and appurtenances to serve Bear Lake Reserve, with no discharge of wastes to surface waters, pursuant to the application received April 11, 2011, 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 September 30, 2014, shall void Permit No. WQ0029233 issued October 3, 2005, and shall be subject to the following specified conditions and limitations: WQ0029233 Version 1.1 Shell Version 101229 Page 1 of 10 I. SCHEDULES In accordance with 15A NCAC 02T .0 116, upon completion of construction and prior to operation of this permitted facility, a certification (attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the permitted facility has been installed in accordance with this permit, Division approved plans and specifications, and other supporting documentation, including the location of all monitoring wells as applicable. If this project is to be completed in phases and Partiallv certified the Permittee shall retain the responsibilitv to track further construction =roved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the installed facilities such that an in- place inspection can be made. Notification to the Aquifer Protection Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 3. Unless already provided, gauges to monitor waste levels in the wet weather storage tank and the five day upset pond shall be installed within 60 days of permit issuance. Caution shall be taken not to damage the integrity of the liner (if present) when installing the gauges. 4. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(4) requires an updated site map to be submitted with the permit renewal application. II. PERFORMANCE STANDARDS The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the utilization areas to adequately assimilate the reclaimed water, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or utilization 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. Effluent limitations shall not exceed those specified in Attachment A, 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. 5. The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 6. The utilization systern shall be connected to a rain or moisture sensor, which shall indicate when reclaimed water application is not appropriate in accordance with Conditions IIIA. and 111.5. of this permit. WQ0029233 Version 1.1 Shell Version 101229 Page 2 of 10 7. The following shall be requirements for the reclaimed water distribution, storage and utilization facilities: a. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the public or employees that reclaimed water is not intended for drinking. Where appropriate, such warning shall inform the public or employees to avoid contact with reclaimed water. b. All reclaimed water piping, valves, outlets and other appurtenances shall be color -coded, taped or otherwise marked to identify the source of the water as being reclaimed water. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone 522) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER — DO NOT DRINK" or be installed with a purple (i.e., Pantone 522) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less. - ii. Identification tape shall be at least three inches wide and have white or black lettering on purple (i.e., Pantone 522) field stating "CAUTION: RECLAIMED WATER — DO NOT DRINK." Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe. iii. Existing underground distribution systems retrofitted for the purpose of distributing reclaimed water shall be taped or otherwise identified as noted above. This identification need not extend the entire length of the distribution system, but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by authorized personnel only. d. Above -ground hose bibs (i.e., spigots or other hand -operated connections) shall not be present. Hose bibs shall be located, in locked below -grade vaults that shall be clearly labeled non -potable. As an alternative to the use of locked below -grade vaults with standard hose bibs services, hose bibs, which can only be operated by a special tool or connected to a special hose connection, may be placed in non -lockable underground services boxes clearly labeled non -potable. The Permittee shall maintain an active cross -connection control program that shall have the following minimum requirements: a. No direct cross -connections shall be allowed between the reclaimed water and potable water systems. b. Where both reclaimed water and potable water are supplied to a reclaimed water utilization site, a reduced pressure principle backflow preventer, an approved air gap separation or other Division of Environmental Health approved device shall be installed at the potable water service connection to the use area. The installation of the reduced pressure principle backflow prevention device shall allow proper testing. c. Where potable water is used to supplement a reclaimed water utilization system, the Permittee or potable water supplier shall approve and regularly inspect the air gap separation. 9. The compliance and review boundaries are established at the property boundary. Any exceedance of standards at the compliance or review boundary shall require action in accordance with 15A NCAC 02L.0106. 10. 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. 11. 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(8). WQ0029233 Version 1.1 Shell Version 101229 Page 3 of 10 12. 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 Jackson 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. 13. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for redlaimed utilization sites lisied in Attachment B, which were permitted under 15A NCAC Q2H .0219(k) shall be as follows (all distances in feet): i. Surface waters not classified SA: ii. Surface waters classified SA: iii. Any well with exception to monitoring wells: 25 100 100 b. The setbacks for the storage and treatment units permitted under 15A NCAC 02H .0219 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property fine: 50 M. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to -15A NCAC 02T .0913, 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 reclaimed water and allows inspection of the utilization System. 4. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the utilization sites listed in Attachment B. 5. Utilization shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. 6. All utilization 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. 7. Only reclaimed water from Bear Lake Reserve shall be utilized on the sites listed in Attachment B. WQ0029233 Version 1.1 Shell Version 101229 Page 4 of 10 8. 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. Public access to the reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. Public access to the 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 .0914. 11.. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 12. Freeboard in the wet weather storage tank and the five day upset pond shall not be less than two feet at any time. 13. Gauges to monitor waste levels in the wet weather storage tank and the five day upset pond shall be provided. These gauges shall have readily visible permanent markings indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume-, minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, .and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. 15. All effluent shall be routed to the five day upset pond should the limit for fecal coliform (e.g., daily maximum concentration of 25 colonies per 100 ml) or turbidity (e.g., instantaneous maximum of 10 NTU) be exceeded, until the problems associated with the wastewater treatment plant have been corrected. The wastewater in the five day upset pond shall be pumped back to the treatment plant headworks for re -treatment or treated in the five day upset pond prior to utilization. WQ0029233 Version 1.1 Shell Version 101229 Page 5 of 10 IV. MONITORING AND REPORTING REOUIREMENTS 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 at the frequencies and locations for the parameters specified in Attachment A. The Permittee shall maintain adequate records tracking the amount of reclaimed water utilized. At a minimuib, these: -records shall include the following information for each utilization site listed in Attachment B: a. Date of utilization; b. Volume of reclaimed water utilized; c. Site utilized; d. Length of time site is utilized; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h_ Maintenance of cover crops. 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the wet weather storage tank and five day upset pond shall be recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. 7. Three copies of all monitoring data. (as specified in Conditions IV.3. and IV.4.) on Form NDMR for each PPT and three copies of all operation and disposal records (as specified in Conditions N.S. and TV. 6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Quality Information Processing Unit _ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 WQ0029233 Version 1.1 Shell Version 101229 Page 6 of 10 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled.; and d. Volume of residuals removed. 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. 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.). 10. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296-4500, 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 serf -monitoring indicates the facility has gone out of compliance with its permit . limitations. e. Ponding in or runoff from the utilization 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) 858-0358, 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. WQ00?9233 Version 1.1 Shell Version 101229 Page 7 of 1(U V. INSPECTIONS The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and utilization facilities. 2. The Permittee or their designee shall inspect the wastewater treatment and utilization 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 utilization 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. 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. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 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). WQ0029233 Version 1.1 Shell Version 101229 Page 8 of 10 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T.01 10. 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 15t' day of April 2011 NORTH CAROLINAENVIRONMENTAL MANAGEMENT COMMISSION "k�-'-Coleen,H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0029233 WQ0029233 Version 1.I Shell Version 101229 Page 9 of 10 Permit No. WQ0029233 MDR Bear Lake, LLC Bear Lake Reserve ENGINEERING CERTIFICATION ❑ Partial ❑ Final Non -Conjunctive Reclaimed Water April 15, 2011, Jackson County In accordance with 15A NCAC 02T .0 116, 1,_ , as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the best of my abilities that due care and diligence was used in the observation of the construction, such that the facility was built within substantial compliance and intent of this permit, the Division approved plans and specifications, and ,other supporting documentation. ❑ Any variation to this permit, the Division approved plans and specifications, and other supporting documentation has been documented in the attached as -built drawings, and shall serve as the Permittee's minor modification request to amend the permit accordingly. Provide a brief narrative description of any variations: THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY AQUIFER PROTECTION SECTION LAND APPLICATION UNIT By U.S. Postal Service: By Courier/Special Delivery: 1636 MAIL SERVICE CENTER 2728 CAPITAL BOULEVARD RALEIGH, NORTH CAROLINA 27699.1636 RALEIGH, NORTH CAROLINA 27604 WQ0029233 Version 1.1 Sher Version 101229 Page 10 of 10 R 1 ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0929233 PPI 001 - WWTP Effluent Version: 1.1 EFFLUENT CHARACTERISTICS EFFLUENT LINUTS MONITORING REQUIREMENTS PCS Code Parameter Description Monthly Average Monthly Geometric Mean Daily Minimum Daily hlaximutn Measurement Frequency Sample Type 00310 130I), 5-I3ay (20 °C) 10 nt /l, g 15 mg/L 2 x Montle / Monthly z Composite 31616 Coliform, Fecal MF. M -FC Broth, 44.5 "C 14 #/100 mL 25 U/100 mU 2 x Month' 3l Monthly z•' Grah 50050 Flow. in Conduit or thru Treatment Plant 125,0005 25,000 GI'U Continuous Recording 00610 Nitrogen, Ammonia Total (as N) 4 mg/i, 6 mg/l, 2 x Month ' / Monthly- Composite 00620 Nitrogen. Nitrate Total (as N) mg/L 2 x \tanth I / Monthly 2 Composite 00400 pl l 6 su 9 sit 5,- Week Grab 00530 Solids. Total Suspended 5 mg/L 10 utg/L 2 x Month' / Monthly' Composite 00076 Turbidity. IICI I Turbidimeter 10 N fLt Continuous Recording 1. Twice per month (2 x Month) sampling shall be conducted during the months of April through November. 2. IWouthly sampling shall be conducted during the months December through March. 3. Monthly average for Fecal Coliform shall be a geometric mean. C The permitted monthly average now Jimit for the niontlis of April through November shall he 125.000 GPD. 5. The permitted monthly average flow limit for the months of December through March shall be 25,000 GPD. WQ0029233 Version 1.1 Attachment A Page 1 oft THIS PAGE BLANK WQ0029, Jersion I - I Attachment A e 2 of 2 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0029233 Version: 1.1 MDR Bear Lake, LLC - Bear Lake Reserve UTILIZATION AREA INFORMATION APPLICA-1.10N LIMITATIONS Field Owner County Latitude Longitude Net Acreage Dominant Soil Series Parameter flourly Rate Yearly Max Units A MDR Bear Lake, LLC Jackson 0.67 Cashiers 01284 - Non -Discharge Application Rate 0.05 77.5 inches B MDR Hear Lake. LLC; .Jackson 0.84 Cashiers 01284 -Non -Discharge Application Rate 0.05 94.2 inches C MDR Bear Lake, LLC Jackson 0.87 Cashiers 01284 - Non -Discharge Application Rate 0.05 79.7 inches D MDR Bear Lake, LLC Jackson 1.26 Cashiers 01284 - Non -Discharge Application Rate 0,05 76.5 inches f: MDR Bear Lake, LLC Jackson 0.74 Cashiers 01284 - Non -Discharge Application Rate 0.05 77.2 inches F MDR Bear Lake, LLC Jackson 0.95 Cashiers 01284 • Non-Discliarge Application Rate 0.05 81.2 inches ti MDR Bear Lake. LLC Jackson 0,71 Chandler 01284 - Non -Discharge Application Rate 0.05 69.8 inches II N -IDR Bear Lake. LLC Jackson 0.53 Cashiers 01284 - Non -Discharge Application Rate 0.05 85.0 inches I N1 DR Bear Lake. LLC Jackson 0.85 Cashiers 01284 - Non -Discharge Application Rate 0,05 88.0 inches K MDR Bear Lake. LLC Jackson 0.99 - Cashiers 01284 - Nan -Discharge Application Rate 0.05 78.1 inches L MDR Bear Lake. LLC Jackson 0.83 Cashiers 01284 - Non -Discharge Application Rate 0.05 70.5 itches M MDR Benr Lake, LLC Jackson 0.52 Cashiers 01284 - Non -Discharge Application Rate 0.05 73.4 inches N MDR Bear bake, LLC Jackson 0.58 Cashiers 01284 - Non -Discharge Application Rate 0.05 66.2 inches 0 MDR Bear Lake, LLL` Jackson 0.50 Cashiers 01284 -Non-Discharge Application Rate 0.05 86.4 inches P MDR Bear Lake. LLC Jackson 1.10 Chandler 01284 - Non -Discharge Application Rate 0.05 88.7 inches {� MDR Bear Lake. LLC Jackson 0.43 Chandler 01284 - Non -Discharge Application Rate 0.05 96.0 inches R MDR Bear Lake, I..LC Jackson 0.70 Cashiers 01284 - Non -Discharge Application Rate 0.05 85.3 inches S NIDR Bear Lake, LLC: Jackson 0.92 Cashiers 0 1284 - Nan -Discharge Application Rate 0.05 74.1 inches I' MDR Bear Lake, LLC Jackson 0.61 Cashiers 01284 - Non -Discharge Application Rate 0.05 80.8 Inches U MDR Bear Lake, LLC Jackson 0.58, Chandler 01284 - Non-Discliarge Application Rate 0.05 104.9 inches Totals i5.13 WQ0029233 Version 1.1 Attachment B Page I of YVB e a e Lake Reserve WWTP f s. t->2011 Google Got3sic. .. Irrsagory pate Jun 18, 0.08 [at 35 230463` Eon -83 055329° Bleu 2820 ft Eye al 4832 It Figure 2 — Directional Ma WQ0029233 5044 Lake Forest Dr., Tuckase ee, NC 28783 MDR Bear Lake, LLC Latitude: 35.230412° Bear Lake Reserve Longitude: -83.055605° 107 �ti.YY,r f•.. 4 .,chni J YC .y^t+ iY TJvlltlJtk�r.. V X61 L J'd'1� f5'rr 147 ipiar LutiA3fr 9#7 E1aeU �r�e E Lake A,rju J G � i- kir, F t CMI I Google - Map data X2011 Goggle - Figure 3 — Topographic Ma WQ0029233 5044 Lake Forest Dr., Tuckase ee, NC 28783 MDR Bear Lake, LLC Latitude: 35.230412° Bear Lake Reserve Longitude: -83.055605° J ,, �• e �, " { ` j W„�fr� r CI%ff :l` �r "_ T t8Qv ? - +, ^ J.i: �• lr — 1 � sol �` ? - � ��: � �.�• • AL1-,IL�;L� i ��� �1. ;:� }f�, fir, E r! =�. -•.�, (.�� _ '. '\ �.. �✓/•s �. �.. -^`�. � ���"� ��/l \..._ � � i k*�'*+ti �. „� } 1111 ���. ! ; ro STATE OF NORTH CAROLINA COUNT' .OFt]c�� Permit OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 14^3-215.' (d 1) and entered into this ��� day o by and between the North Carolina Environmental Mana,emenz Commission. an agency of the State of North Carolina. hereinafter known as the COMMISSION. and �\��-1-1- , a corporation/ggeneral partnership registered/licensed to do business in the State of North Carolina hereinafter known as the DEVELOPER. V►'1:TNESS ETr: The DEVELOPER is the owner of the certain lands lying in County. upop_ which it is erecting and will erect dwelling units and other improvements. said development 4o be known as �_� ����st��cy� (hereinafter the Development). 2. The DEVELOPER desires, to cop struct a wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 1 The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G. S, 14'- 215.1 Q^_215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declamation), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the Declaration, the (Unit Owners" Association (hereinafter Association). a non-profit corporation organized and existzng under and by the virtue of the laws of the State of Nortb Carolina. for the purpose, among others, of handling the property. affairs and business of the Development-, of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System, and of collectins dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. 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. NO'W. THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto_ the COMMISSION and DEVELOPER do hereby mutually agree as follows: L The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION. and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans. and the staff of the Division of Water Quality has inspected and approved of the facilities. In order to change the name of the permit holder, the DE% ELOPER must request gnat the permit be reissued to the Association:. Tae request must include a copy of the Association Bylaws and Declaration. 3. The DEVELOPER 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 DEVELOPER'S successor. WEVED I DENR 10*0 ftft Protection Sector; FORM: DEV 06-47 Page 1 of ? APR 12 201 4. T"ne DEVELOPER 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 conforrrniity with law and the provisions of the permit for construction, operation, repair. and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire 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. Y 5. The DEVELOPER. 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 the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and _shall be i5zr-o'- the yearly budget. : G. In the event the common expense allocation and separate fund 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 com- There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be. made as xiecessary at any time. 1. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city toren, village, county, water and sewer, authorities. or other unit of government shall hereinafter become available to serve the Development. the DEVELOPER 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. S. Recognizing that it woul.d be contrary to the public interest'and to the public health, safety and welfare for the Association to enter into voluntary dissolutior without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide intine 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.- 9. ermit.Q. The agreements set forth in numbered paragraphs 1, ?, S, 4, 5, 6, 7. and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operationof the Disposal System. 10. 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. J T3 i�TI� SS WI-t'=OF, this ageeznent 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-: FOR THE ENVIRONMENTAL M!A,.Irl GEIVMN? COMMISSION Naive of DEVELOPER By - �— C61ten ullins, Director (Sigmature) Division of Waxer Quality Print ?tiaine and 1 itle d T � (Date) (Date) RECEWED / DE R I D O FORM: DEV 06-07 Page 2 of 2 AgOer Protection Section APR 12 _Z011,