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HomeMy WebLinkAboutWQ0023693_Final Permit_20191028ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality October 28, 2019 JOHN NICHOLS — DIRECTOR OF PUBLIC UTILITIES BRUNSWICK COUNTY POST OFFICE BOX 249 BOLIVIA, NORTH CAROLINA 28422 Subject: Permit No. WQ0023693 West Brunswick Regional WRF Reclaimed Water Generation, Dedicated Utilization, Distribution, and High -Rate Infiltration System Brunswick County Dear Mr. Nichols: In accordance with your permit minor modification request received July 31, 2019, we are forwarding herewith Permit No. WQ0023693 dated October 28, 2019, to Brunswick County for the operation of the subject reclaimed water generation and dedicated utilization facilities. The following modifications to the subject permit are as follows: The three 5 horsepower (hp) submersible mixers and three 75-hp brush aerators in the two oxidation ditches are being replaced by four jet headers (two in each ditch) served by three 3,300 standard cubic feet per minute (SCFM) blowers (one for each oxidation ditch and one for redundancy) and six 5,300 gallon per minute (GPM) pumps (two pumps for each ditch with one redundant pump each). This permit shall be effective from the date of issuance through November 30, 2022, shall void Permit No. WQ0023693 issued November 29, 2018, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than June 3, 2022. Please pay attention to the monitoring requirements listed 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. The Division has removed the following permit condition since the last permit issuance dated November 29, 2018: ➢ Old Condition VI.2. — This permit is not voidable. �( North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 �CAROUNAIV o 919.707.9000 Mr. John Nichols October 28, 2019 Page 2 of 2 2018: The following permit conditions are new since the last permit issuance dated November 29, ➢ Condition I.2. — Requires the Permittee to submit an engineering certification from a North Carolina licensed Professional Engineer upon completion and prior to operation of the jet aeration system. ➢ Condition I.4. — Requires the Permittee to notify the Wilmington Regional Office, telephone number (910) 796-7215, at least two business days in advance of initial operation of the jet aeration system. ➢ Condition I.8. — Requires a Final Operation and Maintenance Plan shall be submitted for review prior to operation of the modified facilities. ➢ Condition 111.18. — Requires metering equipment to be tested and calibrated annually. ➢ Condition II1.20. — Requires continuous online monitoring and recording for turbidity or particle count and flow to be provided prior to storage, distribution, or utilization of reclaimed water. ➢ Condition VI.10. —Prevents this permit from being renewed if the Permittee or any affiliation has not paid the required annual fee. 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. Otherwise, this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Ashley Kabat at (919) 707-3659 or ashley.kabatCncderingov. Sincerely, / 7?tnda Culpepper, Director U Division of Water Resources cc: Brunswick County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Manjiang Chen, PE — McGill Associates, P.A. (Electronic Copy) Nick Huffinan, PE — McGill Associates, P.A (Electronic Copy) Jeffrey R. Troutman, PE — McGill Associates, P.A (Electronic Copy) Michael Norton, PE — McGill Associates, P.A (Electronic Copy) Doug Chapman, PE — McGill Associates, P.A (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION AND DEDICATED UTILIZATION 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 Brunswick County Brunswick County FOR THE operation of a 6,000,000 gallon per day (GPD) reclaimed water generation, dedicated utilization, distribution, and high -rate infiltration facility consisting of: ➢ construction and operation of four jet headers (two in each oxidation ditch) served by three 3,300 standard cubic feet per minute (SCFM) blowers (one for each oxidation ditch and one for redundancy); six 5,300 gallon per minute (GPM) pumps (two pumps for each oxidation ditch with one redundant pump each); and all associated piping, valves, controls, and appurtenances; ➢ construction and operation of a 559,928 gallon per day (GPD) Clemmons Tract high -rate infiltration system consisting o£ a 1.25 acre high -rate infiltration Basin A; a 0.82 acre high -rate infiltration Basin B; 3,043 LF of 8 to 12-inch perforated PVC groundwater lowering drain with sand backfill and in -line clean outs; and all associated piping, valves, controls, and appurtenances; ➢ decommissioning and subsequent abandonment of six 5 horsepower (hp) submersible mixers (three in each oxidation ditch) and six 75-hp brush aerators (three in each oxidation ditch); and all associated piping, valves, controls, and appurtenances; ➢ continued operation of a 6.0 million gallon per day (MGD) reclaimed water generation system consisting o£ 7,000 linear feet (LF) of 24-inch sanitary sewer force main, 6,000 LF of 24-inch reclaimed water force main, and 2,000 LF of 8-inch water force main; two air -release valves; dual 3.0 MGD reclaimed water generation systems consisting of: o the original train containing: dual influent flow meters; plant headworks including one manual and two mechanical bar screens, a vortex grit removal system with associated 220 gallon per minute (GPM) grit pumps, and a screenings washer and grit classifier; two equalization basins with a total capacity of 750,000 gallons utilizing dual 1,400 GPM transfer pumps, a 2,900 GPM jet -aeration pump, a 1,000 GPM jet -aeration pump, two 1,620 cubic feet per minute (CFM) blowers, and two 540 CFM blowers; an oxidation ditch flow splitter box; two 950,000 gallon oxidation ditches with an adjustable effluent weir per oxidation ditch; two 70-foot diameter secondary clarifiers served by dual 20 GPM scum pumps; two rotating disk package filters with a combined 3 MGD design flow; a 78,000 gallon chlorine contact chamber with a sodium hypochlorite feed system; three 1,400 GPM return activated sludge (RAS) pumps and two 100 GPM waste activated sludge (WAS) pumps; a 238,000 gallon aerated sludge storage tank served by two 320 CFM blowers, a 1,465 GPM transfer pump, and two 250 GPM WAS thickener feed pumps; a gravity belt thickener with WQ0023693 Version 3.2 Shell Version 190313 Page 1 of 18 a polymer feed system; an autothermal thermophilic aerobic digestion (ATAD) facility for producing class A biosolids consisting of two 20-foot diameter ATAD tanks, a 70-foot diameter concrete storage tank, two 250 GPM ATAD feed pumps, two 40-hp jet aeration pumps, a 50-hp jet aeration pump, two 5-hp sludge transfer pumps, a 250,000 British thermal units per hour (BTU/hr) heat exchanger, five 15-hp blowers, an ammonia scrubber and biofilter, and associated control systems; a 250 GPM sludge transfer pump; two 2,100 GPM sewer drain pumps; dual odor control systems; two 350 GPM non -potable water pumps; two 1,600 kilowatt (kW) auxiliary generators with automatic transfer switches; a reclaimed water pump station served by two 2,800 GPM effluent pumps and two 1,400 GPM effluent pumps; and all associated piping, valves, controls, and appurtenances; o the expansion train containing: an influent flow meter; plant headworks including a mechanical bar screen with 1/4 inch spacing, a vortex grit removal system with associated 220 gallon per minute (GPM) grit pump, and a screenings washer and grit classifier; an alkalinity feed system including a 5,000 gallon chemical storage tank served by two 0.5 GPM chemical feed pumps, two 22 GPM recirculation pumps, and two 0.68 GPM alum feed pumps; two equalization basins with a total capacity of 840,700 gallons served by two 1,400 GPM transfer pumps, a 2,900 GPM jet -aeration pump, a 1,000 GPM jet -aeration pump, two 320 CFM blowers, and two 790 CFM blowers; an oxidation ditch flow meter and flow splitter box; two 950,000 gallon oxidation ditches with an adjustable effluent weir per oxidation ditch; two 70-foot diameter secondary clarifiers served by dual 20 GPM scum pumps; two rotating disk package filters with a combined 3 MGD design flow; two 30 ft by 60 ft contact chamber with a sodium hypochlorite feed system; three 1,400 GPM return activated sludge (RAS) pumps and two 100 GPM waste activated sludge (WAS) pumps; a 4,000 GPM ultrasonic RAS flow meter and a 250 GPM ultrasonic WAS flow meter; a 238,000 gallon aerated sludge storage tank served by two 320 CFM blowers two 510 CFM blowers, a 1,465 GPM transfer pump, and two 250 GPM WAS thickener feed pumps; a gravity belt thickener with a polymer feed system; an autothermal thermophilic aerobic digestion (ATAD) facility for producing class A biosolids consisting of two 20-foot diameter ATAD tanks, two 3,500 GPM jet -aeration pumps, two 750 GPM foam -control pumps, and two 275 CFM blowers; a turbidimeter; a septage receiving station with a magnetic flow meter, a fine screen, a screenings collector screw, an aerated grit chamber with a 2 CFM blower and a 0.75-hp mixer, two 9,500 gallon aerated equalization tanks with two 75 CFM blowers, and two 50 GPM sludge pumps; a reclaimed water pump station with two 2,800 GPM effluent pumps and two 1,400 GPM effluent pumps; and all associated piping, valves, controls, and appurtenances; and o a 30 million gallon (MG) synthetically -lined upset pond with two 2,100 GPM upset pumps; a 20,000 gallon infiltration pump tank; and all associated piping, valves and appurtenances; ➢ continued operation of a reclaimed water distribution system consisting of 15,269 LF of 16-inch reclaimed water force main, 3,471 LF of 18-inch reclaimed water force main, and 1,020 LF of 20-inch reclaimed water force main to serve from N.C. 211 to reclaimed valve vault (Section 5); 804 LF of 10- inch reclaimed water force main and 15,650 LF of 16-inch reclaimed water force main to serve from Bolivia to reclaimed valve vault (sewer force main) and valve vault to utilization site (reclaimed water force main); 5,774 LF of 10-inch reclaimed water force main to serve from N.C. 211 to Winding River Plantation; 11,813 LF of 12-inch reclaimed water force main and 13 LF of 16-inch reclaimed water force main to serve form N.C. 211 to St. James Plantation; and all associated piping, valves, controls, and appurtenances; ➢ continued operation of a 3.97 MGD dedicated reclaimed water utilization system consisting of the: o 599,650 GPD Members Club dedicated reclaimed water utilization system consisting of a 200 GPM dual pump station with high-water alarms; 600 LF of 4-inch reclaimed water force main and 4,100 LF of 10-inch reclaimed water force main; a 3 MG storage and irrigation pond; a 1,050 GPM dual irrigation pump station with high-water alarms; 102.4 acres of reclaimed water spray irrigation area; and all associated piping, valves, controls, and appurtenances; the WQ0023693 Version 3.2 Shell Version 190313 Page 2 of 18 o 796,700 GPD Winding River Golf Course dedicated reclaimed water utilization system consisting of. a 13 MG storage and irrigation pond; 149.5 acres of reclaimed water spray irrigation area; and all associated piping, valves, controls, and appurtenances; the o 1,623,500 GPD West Brunswick Drip Facility dedicated reclaimed water utilization system consisting of 2,665 LF of 16-inch reclaimed water force main; a 98.25 MG synthetically -lined wet weather storage pond; a reclaimed water pump station with a manual bar screen, two 3,300 GPM pumps and one 1,600 GPM pump, two magnetic flow meters, a disk filtration system, and a sodium hypochlorite feed system; 496.4 acres of drip irrigation area with a cover crop of Loblolly pine trees consisting of 5 zones; and all associated piping, valves, controls, and appurtenances; the o 344,500 GPD IP Tract dedicated reclaimed water utilization system consisting of: 10,460 LF of 16- inch reclaimed water force main; 50.88 acres of reclaimed water spray irrigation area; two 1,200 GPM spray irrigation pumps; and all associated piping, valves, controls, and appurtenances; the o 256,500 GPD Mercer Mill dedicated reclaimed water utilization system consisting of: 37.86 acres of reclaimed water spray irrigation area; two 1,300 GPM spray irrigation pumps; 5.1 MG of wet weather storage for the Mercer Mill spray irrigation area contained in pond MM #2 under normal operating conditions; 9.8 MG of wet weather storage for the Reserve Club golf course is allocated in pond MM#1 via excess disposal capacity; and all associated piping, valves, controls, and appurtenances; and the o 353,400 GPD Reserve Golf Course dedicated reclaimed water utilization system consisting of a 1,000 GPM dual pump irrigation dosing station; 70 acres of reclaimed water spray irrigation area; a 1.2 acre irrigation and storage pond with approximately 1.5 MG of effective storage (as previously stated, an additional 9.8 MG of wet -weather storage for the Reserve Golf Club is allocated via excess disposal capacity included in the MM#1 infiltration pond); an irrigation flow meter; and all associated piping, valves, controls, and appurtenances; ➢ continued operation of a 2.70 MGD high -rate infiltration system consisting of the: o 846,500 GPD IP Tract high -rate infiltration system consisting of: nine high -rate infiltration basins with a cumulative area of 13.88 acres; 14,167 LF of 8-inch perforated PVC groundwater lowering drain with clay anti -seep collars, in -line clean outs, and a PVC membrane curtain; three groundwater lowering pump stations each with two 650 GPM submersible dewatering pumps and a magnetic flow meter; *and all associated piping, valves, controls, and appurtenances; and the o 1,850,000 GPD Mercer Mill high -rate infiltration system consisting of. two high -rate infiltration basins with a cumulative area of 12.55 acres; 6,088 LF of 10-inch perforated PVC groundwater lowering drain with clay anti -seep collars and in -line clean outs; two groundwater lowering pump stations each with two 1,300 GPM submersible dewatering pumps and a magnetic flow meter; and all associated piping, valves, controls, and appurtenances; and the to serve the West Brunswick Regional WRF, with no discharge of wastes to surface waters, pursuant to the application received July 31, 2019, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through November 30, 2022, shall void Permit No. WQ0023693 issued November 29, 2018, and shall be subject to the following conditions and limitations: WQ0023693 Version 3.2 Shell Version 190313 Page 3 of 18 I. Upon completion of construction and prior to operation of the permitted modifications (Clemmons Tract High -Rate Infiltration Basins A and B), the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted modifications have been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water kesources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reportsra ncdenr.gov. [15A NCAC 02T .0116(a)] 2. Upon completion of construction and prior to operation of the permitted modifications (jet aeration system in oxidation ditches), the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted modifications have been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports(a ncdenr.gov. [15A NCAC 02T .0116(a)] 3. The Permittee shall notify the Wilmington Regional Office, telephone number (910) 796-7215, at least two business days in advance of initial operation of the Clemmons Tract high -rate infiltration basins A and B so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] 4. The Permittee shall notify the Wilmington Regional Office, telephone number (910) 796-7215, at least two business days in advance of initial operation of the jet aeration system in the oxidation ditches so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] 5. The Wilmington Regional Office, telephone number (910) 796-7215, shall approve monitoring well MW-7 prior to installation, and the monitoring well shall be installed prior to beginning waste disposal operations on the Clemmons Tract high rate infiltration basins A and B. The Wilmington Regional Office shall be notified at least two business days in advance of construction of any monitoring well. The monitoring well shall be constructed such that the water level in the well is never above or below the screened portion of the well, and in accordance with 15A NCAC 02C .0108. The general location and Division -approved name for each monitoring well is on Figure 1. [15A NCAC 02C .0108, 02T .0108(b)(1)(B)] WQ0023693 Version 3.2 Shell Version 190313 Page 4 of 18 6. Within 90 days of completing installation of monitoring well MW-7, the Permittee shall submit two original copies and one digital copy of a site map with a scale no greater than 1-inch equals 100 feet; however, special provisions may be granted upon prior approval for large properties. The map shall include the following information: a. Legend, north arrow, scale, and legible in black and white. b. Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief. c. All habitable residences or places of assembly within 500 feet of the irrigation area. d. Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of the irrigation area. e. Location and identification of each monitoring well (identify any background/upgradient wells). f. Latitude and longitude coordinates of each monitoring wells (decimal degrees to the sixth decimal degree and in NAD83). g. Location and identification of major components of the waste disposal system. h. The perimeter of all irrigation areas with field names (named according to the approved permit) i. Location and ownership of property boundaries within 500 feet of the irrigation area (including road/rail right-of-ways and easements). j. Latitude and longitude of the established horizontal control monument (decimal degrees to the sixth decimal degree). k. Elevation of the top of the well casing (i.e., measuring point) relative to a common datum. 1. Depth of water below the measuring point at the time the measuring point is established. in. Delineation of the compliance and review boundaries. n. Distance measurements verifying all setbacks are being met. o. Stormwater drainage controls. p. 100-year floodplain. q. The date the map is prepared and/or revised. Boundaries and physical features not under purview of other licensed professions shall be provided by a Professional Surveyor. Control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities taking place on the property. The map and any supporting documentation shall be sent to the Division of Water Resources, Non - Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non- Dischar$e.Reports�a_.ncdenngov. [15ANCAC 02C .0105(f), 02T .0108(b)(1)(B)] 7. Within 30 days of construction, a Well Construction Record (Form GW-I) listing this permit number and the appropriate monitoring well identification number shall be completed for each well constructed, and mailed to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Dischar e.Re orts a ncdenr. ov. A North Carolina Certified Well Contractor shall construct the monitoring wells according to the North Carolina Well Construction Standards (15A NCAC 02C .0113) and local county rules. [15A NCAC 02C .0113, 02T .0108(b)(1)(B)] 8. Prior to operation of the modified facilities, a Final Operation and Maintenance Plan shall be submitted for review. The plan shall be sent to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Discharge.Reports(@,ncdenr.g,ov. [15A NCAC 02T .0 1 08(b)(1)(B), 02U .0801(a)] 9. The Permittee shall request renewal of this permit on Division -approved forms no later than June 3, 2022. [15A NCAC 02T .0105(b), 02T .0109] WQ0023693 Version 3.2 Shell Version 190313 Page 5 of 18 H. PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject non -discharge facilities 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, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement reclaimed water generation and utilization facilities. [15A NCAC 02T .4108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] Groundwater monitoring wells 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. [ 15A NCAC 02C .0108] 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit (Permit No. WQCS00284) for the operation and maintenance of these facilities. [15A NCAC 02T .0400] Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A. [15A NCAC 02U .0301, 15A NCAC 02T .0705(b)] 6. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g), 15A NCAC 02T .0705(m)] 7. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] 8. 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 as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) 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; and c. Existing underground distribution systems retrofitted for the purpose of conveying reclaimed water shall be taped or otherwise identified as noted in I1.8.a. and II.8.b. 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. [15A NCAC 02U .0403(c)] 9. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403 (d)] 10. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] WQ0023693 Version 3.2 Shell Version 190313 Page 6 of 18 11. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 12. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(g), 02U .0403(h)] 13. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)] 14. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)] 15. Reclaimed water irrigation fields permitted prior to September 1, 2006 (West Brunswick Drip Facility, the Members Club Golf Course, and the Winding River Golf Course) have compliance and review boundaries established at the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02H .0219(k)(1)(C)(i)(III), G.S. 143-215.1(i), G.S. 143-215.1(k)] 16. Reclaimed water irrigation fields permitted on or after September 1, 2006 (IP Tract, the Mercer Mill site, and the Reserve Club Golf Course) have compliance and review boundaries established at the irrigation area boundaries. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02U .0501(a)(6), G.S. 143-215.1(i), G.S. 143-215.1(k)] 17. High -rate infiltration sites permitted on or after December 30, 1983 (IP Tract, Mercer Mill site, and Clemmons Tract) have a compliance boundary that is either 250 feet from the infiltration area, or 50 feet within the property boundary, whichever is closest to the infiltration area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division - approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [ 15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)] 18. The review boundary for high -rate infiltration sites (IP Tract, Mercer Mill site, and Clemmons Tract) is midway between the compliance boundary and the infiltration area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L.0106(d)(1), 02L .0108] 19. 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 (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] 20. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] WQ0023693 Version 3.2 Shell Version 190313 Page 7 of 18 21. 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 Brunswick County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 22. The Water Reuse Agreement (attached) between the Members Club at St. James Plantation, LLC, the Reserve Club at St. James Plantation, LLC, and Brunswick County shall remain in full effect for the life of this permit. No modifications to this agreement shall be made without prior approval from the Division of Water Resources. [15A NCAC 02T .0108(b)(1)(A)] 23. The facilities herein were permitted per the following setbacks: a. The reclaimed water irrigation sites at West Brunswick Drip Irrigation Facility were originally permitted April 16, 2004. The setbacks for drip irrigation sites originally permitted or modified from June 1, 1996 to August 31, 2006 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each water supply well: 100 iv. Each non -potable well: 10 v. Each swimming pool: 25 [I 5A NCAC 02H .0219(k)(1)(C)(i)] b. The infiltration sites at Winding River were originally permitted April 1, 2005. The setbacks for infiltration sites originally permitted or modified as a reclaimed water system from June 1, 1996 to September 1, 2006 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters classified non -SA: 25 iii. Each water supply well: 100 iv. Each non -potable well: 10 [15A NCAC 02H .0404(g), 02H .0219(k)] The reclaimed water irrigation sites at the Reserve Club at St. James and Members Club were originally permitted March 3, 2010. The reclaimed water irrigation sites at the IP Tract were originally permitted March 3, 2008. The reclaimed water irrigation sites at the Mercer Mill site were originally permitted March 3, 2008. The setbacks for spray irrigation sites originally permitted or modified from September 1, 2006 to June 17, 2011 are as follows (all distances in feet): i. Surface waters classified SA: ii. Surface waters not classified SA: iii. Each well with exception of monitoring wells: [15A NCAC 02T .0912(b)] 100 25 100 WQ0023693 Version 3.2 Shell Version 190313 Page 8 of 18 d. The infiltration sites at the Clemmons Tract were originally applied for May 1, 2018. The Mercer Mill site was modified December 19, 2017. The IP Tract Infiltration sites were originally permitted March 3, 2008. The setbacks for infiltration sites originally permitted or modified from September 1, 2006 to August 31, 2018 and meeting the October 27, 2006 High -Rate Infiltration Policy are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each habitable residence or place of assembly owned by the Permittee: 50 iii. Each private or public water supply source: 100 iv. Surface waters: 1001 v. Groundwater lowering ditches: 1003 vi. Surface water diversions: 50 vii. Each well with exception of monitoring wells: 100 viii. Each property line: 50 2, 4 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 100 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 1001 xii. Each swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Each building foundation or basement: 15 xvi. Each impounded public surface water supply: 500 xvii. Each public shallow ground water supply (less than 50 feet deep): 500 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified 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. 3 Setbacks to surface waters, groundwater lowering ditches, and subsurface groundwater lowering drainage systems have been reduced from 200 to 100 feet because the treatment units are designed to meet a Total Nitrogen of 7 mg/L and a Total Phosphorus of 3 mg/L. [15A NCAC 02T .0706(a), 02T .0706(b), 02T .0706(f), 02T .0706(g)] e. The storage and treatment units were modified March 3, 2008. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 to June 17, 2011 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 2 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified 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. [I 5A NCAC 02T .0912(a)] WQ0023693 Version 3.2 Shell Version 190313 Page 9 of 18 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate -and maintain the subject facilities as a non -discharge system. [15A NCAC 02U .0101, 15A NCAC 02T .0700] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A sampling and monitoring plan to evaluate quality of reclaimed water within the distribution system to provide quality assurance at the time of reuse, and specify actions to be taken in response to unsatisfactory monitoring results; c. A map of all reclaimed water distribution lines; d. A description of anticipated maintenance of the system; e. Provisions for safety measures, including restriction of access to the site and equipment; and f. 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 02U .0801(a), 15A NCAC 02T .0707(a)] 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 their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e)] 5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02U .0801(c)] 7. 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 02U .0401(k)] 8. Irrigation and infiltration equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d), 15A NCAC 02T .0707(d)] 9. Only reclaimed water generated from the West Brunswick Regional WRF shall be irrigated or infiltrated on the sites listed in Attachment B or conveyed in the reclaimed water distribution facilities permitted herein. [15A NCAC 02U .0101, 15A NCAC 02T .0701] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation or infiltration area, except during equipment installation or maintenance activities. [15A NCAC 02U .0801(e), 15A NCAC 02T .0707(e)] 11. The Permittee shall prohibit public access to the wastewater treatment, storage, and infiltration facilities. [15A NCAC 02U .0402(e), 15A NCAC 02T .0705(p)] WQ0023693 Version 3.2 Shell Version 190313 Page 10 of 18 12. Public access to 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. [15A NCAC 02U .0501(a)(2)] 13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC 02T .0708, 02T .1100, 02U .0802]. 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities. [15A NCAC 02U .0402(g), 15A NCAC 02T .0705(i)] 15. Freeboard in the reclaimed water irrigation and storage ponds, the high -rate infiltration basins, and the 5-day upset pond shall not be less than two feet at any time. [15A NCAC 02U .0401(h), 15A NCAC 02T .0705(c)] 16. Gauges to monitor water levels in the reclaimed water irrigation and storage ponds, the high -rate infiltration basins, and the 5-day upset pond shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02U .0801(f), 15A NCAC 02T .0707(f)] 17. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02U .0801(g), 15A NCAC 02T .0707(g)] 18. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d), 15A NCAC 02T .0707(d)] 19. 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. [15A NCAC 02U .0401(d)] 20. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)] 21. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be routed to the five day upset pond until the problems associated with the reclaimed water generation system have been corrected. The water 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. [15A NCAC 02U .0402(d)] 22. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] 23. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] WQ0023693 Version 3.2 Shell Version 190313 Page 11 of 18 24. The infiltration areas shall be cleaned at least once per permit cycle to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained at the facility for five years, and shall be made available to the Division upon request. The Wilmington Regional Office, telephone number (910) 796-7215, shall be notified prior to each cleaning. [ 15A NCAC 02T .0707(h)] 25. Approximately 9.8 MG of wet weather storage for the reclaimed water irrigation system at the Reserve Club is provided via excess disposal capacity that is available in infiltration pond MM# 1 at the Mercer Mill site. Future requests to allow wet weather storage to be allocated within the infiltration basins at the Mercer Mill site and/or the IP Tract will not be approved unless adequate operational data can be provided to document that the infiltration basins are functioning effectively at the permitted loading rates, and that the existing pumps and piping are sized adequately to accommodate the effluent transfer. [15A NCAC 02T .0108(b)(1)] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of reclaimed water irrigated and infiltrated. These records shall include the following information for each irrigation and infiltration site listed in Attachment B: a. Date of irrigation or infiltration; b. Volume of reclaimed water irrigated or infiltrated; c. Site irrigated or infiltrated; d. Length of time site is irrigated or infiltrated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for irrigation sites; f Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B for irrigation sites; g. Loading rates to each infiltration site listed in Attachment B; h. Weather conditions; and i. Maintenance of cover crops (for irrigation sites only). [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., water level to the lowest embankment elevation) in the reclaimed water irrigation and storage ponds, the high -rate infiltration basins, and the 5-day upset pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] WQ0023693 Version 3.2 Shell Version 190313 Page 12 of 18 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 Conditions IV.5. and IV.6.) on Form NDAR-1 for every site dedicated utilization site in Attachment B and Form NDAR-2 for every high -rate infiltration site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the reclaimed water generation, dedicated utilization, distribution, and high -rate infiltration facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G.S. 143-215.1C(a)] 9. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02U .0802(b), 15A NCAC 02T .0708(b)] 10. The Permittee shall develop and maintain a routine review and inspection program for offsite users of reclaimed water. A log documenting user inspections shall be maintained for a minimum of five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Visual observations of the reclaimed water user sites; and b. Record of preventative maintenance (e.g., pump and valve maintenance, cross connection control, etc.). [15A NCAC 02T .0108(b)(1)] WQ0023693 Version 3.2 Shell Version 190313 Page 13 of 18 11. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of irrigation and infiltration equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the plant and plant site; and f. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.); and g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [15A NCAC 02U .0801(h), 15A NCAC 02T .0707(i)] 12. Monitoring well NW-7 shall be sampled after construction, and within three months prior to initiating reclaimed water utilization operations. Monitoring well MW-7 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. [15A NCAC 02T .0105(m)] 13. Monitoring well MW-7 shall be sampled 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. [15A NCAC 02T .0105(m)] 14. For initial sampling of monitoring well MW-7, the Permittee shall submit a Compliance Monitoring Form (GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW-59) without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be returned to the Permittee without being processed. [15A NCAC 02T .0105(m)] 15. 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 Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] WQ0023693 Version 3.2 Shell Version 190313 Page 14 of 18 16. Noncompliance Notification: The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, 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, etc.) rendering. the facility incapable of adequate wastewater treatment. c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters. d. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV.1 l .g. but do not require Regional Office notification. e. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. f. Ponding in or runoff from the irrigation sites. g. Effluent breakout from the infiltration sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Wilmington 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)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation, utilization, infiltration, and distribution facilities. [15A NCAC 02U .0801(i), 15A NCAC 02T .07070)] 2. The Permittee shall inspect the reclaimed water generation, utilization, infiltration. and distribution 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 a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02U .0801(h), 02U .0801(i), 15A NCAC 02T .0707(i), 02T .07070)] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the reclaimed water generation and utilization facilities permitted herein 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 groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] WQ0023693 Version 3.2 Shell Version 190313 Page 15, of 18 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.l(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of 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 .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] 8. 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 Administrative Code Title 15A Subchapter 02U and 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 any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] WQ0023693 Version 3.2 Shell Version 190313 Page 16 of 18 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein 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. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. 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. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. 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. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 281 day of October 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION mda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0023693 WQ0023693 Version 3.2 Shell Version 190313 Page 17 of 18 Permit No. WQ0023693 Reclaimed Water Generation, Dedicated Utilization, Distribution, Brunswick County and High -Rate Infiltration System West Brunswick Regional WRF October 28, 2019 Brunswick County ENGINEERING CERTIFICATION ❑ Partial ❑ Final I, , as a duly licensed North Carolina Professional Engineer, having ❑ periodically / ❑ fully observed the construction of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the attached as -built drawings. Description of variations: 1 Professional Engineer's Name Firm Name Firm No. Address City State Zip Code Telephone Email _ Seal, Signature, and Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON -DISCHARGE BRANCH By U.S. Postal Service By Courier/Special Delivery 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. 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N C_ C C C_ C_ C_ C_ C C C_ C C C_ = C C_ C_ C_ C Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z `L- � C C C Y Y Y Y Y Y Y Y Y Y m Y Y Y Y Y Y Y Y Y Y Y .0 V mV U U U U U U U U C U U U U U U U U U U UtL-mmmmmmmm�mmmmmmmmmmmU 0 0 m O U) s_ 0 U 0 U L a) E a) �i C-7,1 NO v r -i--j w f", CY) o ff •�`�� �r'+r�R, O t7 ry t r Q c 63 11 I lq� N It L w 0 QO C� 0 ^ (\•/I] O N rL� P. lt� Q W " bm byg N N WSEI ,gQ Fa ((IL % � cn��g� �b�� —;aid �• co rn cED n cn caq$ y 2 $IMP cn O aEl� OeQb&a 8$ N$.,b a d a s {- $8 jai 1 co co 5 M IN F p, yq �qI p �a N y4li�i{IlIl'`i''`f y�i. 1" p gg�t�4CjaQ{yZy}H �yIlhllh'11 i==a , 3c cu-- _ L�OI UJ 6J w�N � '� Ff ur�N � .•WW Y� � � �U cu M I— m N CO O O E LL 3: v w N Amended and Restated Reuse Water Agreement THIS AMENDED AND RESTATED AGREEMENT (the "Agreement") is made effective as of S 2010, by and among The Members Club at St. James Plantation, LLC (the "Me&eis Club*), The Reserve Club at St. James Plantation, LLC (the "Reserve Club'), and Brunswick County (the "County"). WfIWESSETH: WHEREAS, the Members Club owns an eighteen hole golf course known as the original Member's Club course (the "Members Course') in the development known as St. James plantation in the Town of St. James, Brunswick County, North Carolina; and the Reserve Club awns an eighteen hole golf course known as the Reserve Club course in St. James (the "Reserve Course") (the Members Course and the Reserve Course are referred to collectively as the `"Golf Courses") (the Members Club and Reserve Club are referred to collectively as the "Golf Course Owners"); WHEREAS. the County previously operated a wastewater treatment facility to serve portions of St. James Plantation located to the west of Beaver Dam Creek (the "St. James F'aoitity") (the portion of St: James Plantation located to the east of Beaver Dam Creek is served by the Southeast Brunswick Sanitary District); WHEREAS, the County has. constructed a facility known as the West Brunswick Regional Wastewater. Treatment Facility (the "Regional Facility"), which receives all wastewater inflow previously seat to the St. James Facility; WHEREAS, pursuant to that Amended and Restated Reuse Water Agreement dated December 1, 2003, by and between the Members Club, St. lames Development Co., LLC, and the County (the "2003 Reuse Water Agmement'), the County agreed to supply treated effluent reuse water from the St. James Facility or the Regional Facility to irrigate the Golf Courses, and the Golf Course Owners agreed to accept such reuse water up to an agreed quantity, and the parties agreed on certain additional matters regarding the .provision and accepum of reuse water and the operation and maintenance of irrigation facilities; and WHEREAS, pursuant to that Amended ,and .Restated Reuse Water Agreement dated June 20, 2005, by and between .the Members Club, St. James Development Co., LLC,-and the County (the "Existing Rouse Water Agreement'), the Golf Course Owners agreed to accept additional reuse water for irrigation, above the amount provided for in the 2003 Reuse Water Agreement, and the parties agreed on certain additional matters regarding the provision and acceptance of reuse water, the operation and maintenance of irrigation facilities and the construction of a gravity flow reuse water line and storage pond with a surface aria of approximately 3.8 acres at the St. James Facility site (such line and pond are referred to collectively as the "proposed Facilities'); 2219371MOC Q LU c a a �mm 3 �- c mY� N � 2 s CD cn w M C V/ Q CY WHEREAS, in lieu of constructing the Proposed Facilities, the Golf Course Owners have proposed altering an existing irrigation pond on the Reserve Course near the St. James Facility site (the "Existing irrigation Pond I and the County has agreed to such proposal. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Prior Asxreement Resta,cd. The Existing Reuse Water Agreement is hereby amended, restated, superseded and replaced in its entirety by this Agreement. 2. Provision and Acce Lance of R st Water. Until completion of the irrigation system on the Reserve Course, the County shall pump all reuse water from the Regional Facility to the existing irrigation ponds on the Members Course, The Members Club shall accept such reuse water for irrigation of the Members Course, or portions thereof. Upon completion of the irrigation system on the Reserve Course and necessary connections to the Regional Facility, the County shall supply reuse water to the Golf Course Owners, and the Golf Course Owners shall accept such reuse water for irrigation of the Golf Courses, or portions thereof. The Golf Course Owners agree to accept up td_ GPD of reuse water for irrigation of the Golf Courses, subject to applicable permit requirements, with the allocation of such amount between the lylemb�rs Course alit! the Reserve Course, and the portions of such.Golf Courses to receive Tease water, io be determined by the Golf Course Owners in accordance with applicable permit requirements. Further, the Golf Course Owners shall have the right to transfer a portion of such reuse water to other suitable area in St. James. The Golf Course Owners and the County shall cooperate to modify or obtain required permits for irrigation of the Golf Courses and/or other areas in accordance with this Agreement. 3. Existina Pond and Reuse Water Lines. The Reserve Club shall provide necessary easements for a reuse water line from Highway 211 to the Existing Irrigation Pond and far a commeetion to the existing reuse water line to the irrigation ponds on the Members Course. The County, at its expense, shall design, engineer, permit, construct, install, operate and maintain`the reuse water fine from the Regional Facility to the Existing Irrigation Pond and the,reuso water line to_ the irrigation ponds on the Members Course. -The County shall pay or reimburse the Reserve Clpb for (i) the costs of design, engineering and permitting for the expansion of the Existing irrigation Pond to such size as reasonably determined by the Golf Course Owners to be appropriate for their irrigation purposes, (iii) a reuse water pump station adjacent to the Existing Irrigation Pond, and (iii) system features necessary for the Reserve Course irrigation system to use reuse water. The Reserve Club shall construct the Reserve Course irrigation system, altering the Existing b3igation Pond, mud construct the pump station adjacent thereto. The County shall reimburse the Reserve Club for the actual costs of design, engineering and permitting of the irrigation system and expansion of the Existing Irrigation Pond (currently estimated to be $42,000). The County shall reimburse the Reserve Club $4.50 per cubic yard of material excavated in the expansion of the Existing Irrigation Pond, such reimbursement to be made in installments when the excavation is 50% and substantially completed. The County shall reimburse the Reserve Club for the actual cost of the reuse water pump station (currently estimated to be $l 14,900) upon. substantial completion. Provided, reimbursement for all of the work described in this Section shall not exceed $406,400, and all such work shall be completed 22"37_1.00C Page 2 of 5 by July 31. 2010. For expenses to be reimbursed pursuant to this paragraph, the Reserve Club shall submit a request for payment and documentation regarding completion, and the County shall make payment within 30 days after receipt of such documentation. Within 6o days of the date of this Agreement, the County will coniutn to the Members Club and the Reserve Club that the clay liter of the five day pond for the St. James Facility has been rendered safe for use for residential purposes, including spreading. By December 31, 20M, the County will remove all remaining pipes from the St. James Facility and the five day pond. The County will indemnify the Members Club and the Reserve Club from all costs and liabilities related to such removal work and the clay liner. 4. O ration and Maintenance of Irrigation Facillties. The Members Club shall own, operate and maintain the irrigation ponds located on the Members Course, and the irrigation lines, pipes, pumps and other equipment used to irrigate the Members Course. The Reserve Club shall own, operate and maintain the Existing Irrigation Pond, stud the irrigation lines, pipes, pumps and other equipment:used to irrigate the Reserve Course. The Golf Course Owners shall provide a certified spray irrigation operator at all times in accordance with 15A NCAC 80, including site visitation rdquirrrnemts. The Golf Course Owners shall spray on. average of up to 954,397 GPD of tease water -On the Golf Courses, subject to. applicable permit limitations• on irrigation during inclement weather or when the ground is in •a condition %that would cause maofi The -aesthetic desires or -management of the Golf Courses shall not -be, justifiable moons for violating permit- ednditions related to irrigation. In the event that either of the -Golf Course Owners Us. to operate and maintain its respective irrigation system so as to provide for acceptance of reuse water in accordance -with this Agreement, then the County shall hai e•the right to,enter upon the Members Course and/or the Reserve Course, as the case may be, to perform such operation and maintenance. 5. Terinit ComQliance, _ Rte&d_ Ke2ping. Onfamement agd Civil Penalties. The Colarty shall provide to -tire Gaff Course Owners copies of all permits, renewals, notices and correspondence -from DWQ or any other regulatory authority -with respect to the reuse -water and spray irrigation systems. All reuse water provided=by the County shall meet the requirements and standards of applicable law and permits. The Golf Course Owners shall- have the tight -to suspend acceptance of reuse water urging any period in which the water does not meet applicable requirements or standards, or - would. endanger • health or property. The County shall .be responsible for conducting all sampling acid testing'of the treated wMWwater effluent, as required by applicable permits. The irrigation operator shall maintain records regarding irrigation of -the Golf Courses, as required by applicable permits, and such infaormWon shall be provided to the County in a timely manner. The County shall be responsible for maintaining records regarding reuse water inflow to the Members Course and Reserve Course ponds, and for submitting all required reports regarding such reuse water to DWQ. In the event that a civil penalty is assessed against the County by DWQ for,any alleged permit violation for which the Member Club and/or Reserve Club is responsible, such responsible party shall remit the amount of the penalty to the County for payment to DWQ; provided that such party shall have the tight to contest any alleged violation and the County shall cooperate for that purpose. The County shall pay any civil penalty that results from a permit violation for which the County is responsible. =937 I.Doc Page 3 of 5 6. Texm: ModMeatians. The initial term of this Agreement shall be 25 years, and such term shall automatically 6e A iv *+�+ds of 1 n_ LAY mess terminated as hereinafter provided. Any party to this Agreement shall have the right to ts**e utp its obis aborts hereunder as of the expiration of the it WALteerm or any extension thereof by Living written notice to e o r parties and 10 'Q at least three years prior to suc expiration date. 7"firs Agreemer may noU-Siotherwise termmate3; t�i"ieec offended without the prior approval and consent of DW Q or other appropriate authority of the State of North Caroline. Any modification or amendment shall be in writing specifically referring to this Agreement and signed -by the parties whose obligations are affected by such modification or amendment. 7. Sigg essors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors in interest. The Golf Course Owners shall have the right to convey all or portions of the Members Course and/or Reserve Course, without the consent of Brunswick County, provided that any conveyance of any portion of either Golf Course that is permitted by-DWQ for reuse water irrigation shall be made subject to the provisions of this Agreement. In the event that either Golf Course owner conveys the entire portion of its Golf Course that is permitted for reuse water irrigation, and such conveyance is made subject to this Agreerrient, such Golf Course Owner shall have no further obligations hereunder, Otherwise, the parties hereto shall not have the right to &saga any of their obligations hereunder, without the prior written consent of the other parties. B. Miscellaneous. This Agreement constitutes the entire Understanding of the parties hereto, revokes and supersedes all prior agreements between or among the parties hereto (whether. written or oral) with respect to the subject matter hereof, and is intended as a final expression of their mutual understanding. No waiver by any party hereto of nay default shall be deemed a waiver of any prior or subsequent default under the same or outer provisions of this Agreement. This Agreement may be executed in any- number of counterpart signature pages (inciuding.faesimile counterpart signature pages), each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. This Agreement shall be governed by the laws of the State of North Carolina. IN WITNESS WHEREOF, the parties hereto -have caused this Agreement to be duly executed as of the day and year first above written. - - The Members Club -at St. James Plantation, LLC ,4anager . The Reserve Club at St. James Plantation, LLC By its Manager, Annapolis Management Co., LLC sy: �� C tanager z22937_l.DW Page 4 of 5 Brunswick County By: William M. Sue, Chairman Board of Commissioners This iihsbwmnl has been Maudited In the manner required by the Loral Gova nno t Budget and Fiscal Control Act. au, 6. i'IClr r. Mn B. Hardy, Finaaux Direcl r Brunswick County, Narth Carolina IM39_I.DDC Page 5 of 5