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HomeMy WebLinkAboutWQ0007569_Final Permit_20191120ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality November 20, 2019 J. BRYCE MENDENHALL — VICE PRESIDENT OF OPERATIONS CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA POST OFFICE BOX 240908 CHARLOTTE, NORTH CAROLINA 28224-0908 Subject: Permit No. WQ0007569 Brandywine Bay WWTP Reclaimed Water Generation and Dedicated Utilization System Carteret County Dear Mr. Mendenhall: In accordance with your permit renewal request received June 21, 2019, and subsequent additional information received September 9, 2019, we are forwarding herewith Permit No. WQ0007569 dated November 20, 2019, to Carolina Water Service, Inc. of North Carolina for the continued operation of the subject reclaimed water generation and dedicated utilization facilities. This permit shall be effective from the date of issuance through September 30, 2025, shall void Permit No. WQ0007569 issued October 2, 2013, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than April 3, 2025. 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 conditions since the last permit issuance dated October 2, 2013: ➢ Old Condition I.1. — A final Engineering Certification was received by the Division on January 23, 2014. ➢ Old Condition I.2. — The modified facilities have been constructed and are in operation. ➢ Old Condition I.3. — The Permittee will be submitting a permit modification to propose new disposal area. ➢ Old Condition VI.2. — This permit is not voidable. ➢ Old PPI 002 — Total Organic Carbon (TOC) has been removed from the required effluent monitoring parameters. § North Carolina Department of Environmental Quality I Division of Water Resources z��DEQ512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORrt,cnaouNa. � 99Wft- m ; r 919.707.9000 Mr. J. Bryce Mendenhall November 20, 2019 Page 2 of 2 The following permit conditions are new since the last permit issuance dated October 2, 2013: ➢ Condition I.1. — Requires the Permittee to submit a major modification for this permit within 60 days of the effective date of this permit. ➢ Condition I1.18 — Because the golf course irrigation fields and some of the WWTP treatment units were originally permitted prior to October 1, 1987, those units have no required setbacks. ➢ Condition IL 19 — The setbacks for modified facilities have been updated to correctly reflect the setbacks required at the time of modification. ➢ Condition III.10 — Prevents vehicles or heavy machinery from being on the irrigation area, except during equipment installation or maintenance activities. ➢ Condition III.18. — Requires metering equipment to be tested and calibrated annually. ➢ Condition III.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 III.23. — Requires the Permittee to develop and implement an education program to inform users and its employees about the proper use of reclaimed water ➢ Condition VI.10. — Prevents this permit from being renewed if the Permittee has unpaid overdue annual fees. ➢ Attachment A — Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus have been added as required effluent monitoring parameters in PPI 001. ➢ Attachment C — Total Ammonia Nitrogen has been added to the required groundwater monitoring parameters and has a daily maximum limit of 1.5 mg/L. 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. If you need additional information concerning this permit, please contact Ashley Kabat at (919) 707-3658 or W.kabatamcdenr.gov. Sincerely, mda Culpepper, Director Division of Water Resources cc: Carteret County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (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 Carolina Water Service, Inc. of North Carolina Carteret County FOR THE continued operation of a 150,000 gallon per day (GPD) reclaimed water generation and dedicated utilization facility consisting of: a 37,500 gallon equalization tank with a bar screen and dual 250 gallon per minute (GPM) pumps; dual 100 cubic feet per minute (CFM) blowers serving the equalization tank and the sludge holding tank; a 5-way flow splitter box; a 100,000 GPD dual -train plant containing: two 50,000 GPD aeration basins and dual 400 CFM blowers serving the aeration tanks and air-lift pumps; dual 8,373 gallon hopper bottom clarifiers with return activated sludge (RAS), waste activated sludge (WAS), and skimmer air lift pumps; a 7,539 gallon aerated sludge tank; a 50,000 GPD dual -train plant containing: a flow splitter box; two 25,000 GPD aeration basins; dual blowers per train serving the aeration basins; sludge holding tanks and air-lift pumps; dual clarifiers; dual 4,000 gallon aerated sludge holding,tanks; air lift pumps serving the RAS, WAS, and skimmer; dual 200,000 GPD fixed -plate cloth tertiary filters; two Trojan 3200K PTP ultraviolet (UV) disinfection units in series; a 9,700 gallon liquid chlorination contact tank; an effluent flowmeter; an in -line turbidimeter; an auto -dialer control panel; and 85 kilowatt (kW) auxiliary generator; a 1.25 million gallon (MG) unlined five-day holding pond with a manual influent diversion valve and a % horsepower (hp) return pump; a 7.5 million gallon (MG) effluent storage/infiltration pond; an 84.6 acre spray irrigation area consisting of golf course holes 1-18; and all associated piping, valves, controls, and appurtenances to serve the Brandywine Bay WWTP, with no discharge of wastes to surface waters, pursuant to the application received June 21, 2019, subsequent additional information received September 9, 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 September 30, 2025, shall void Permit No. WQ0007569 issued October 3, 2013, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. Within 60 days of the effective date of this permit, the Permittee shall submit a major modification request to improve the wastewater treatment facilities, propose other disposal options, and evaluate the groundwater monitoring network. [15A NCAC 02T .0108(b)(1)(B)] 2. The Permittee shall request renewal of this permit on Division -approved forms no later than April 3, 2025. [15A NCAC 02T .0105(b), 02T .0109] WQ0007569 Version 5.0 Shell Version 190313 Page 1 of 10 II. PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject reclaimed water 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 .0108(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)] 3. 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. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A. [I 5A NCAC 02U.0301] 5. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g)] 6. 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)] 7. 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 II.7.a. and II.7.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)] 8. 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)] 9. 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)] 10. 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)] WQ0007569 Version 5.0 Shell Version 190313 Page 2 of 10 11. 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)] 12. 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)] 13. 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)] 14. Reclaimed water irrigation fields permitted prior to September 1, 2006 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)(I11), G.S. 143-215.1(i), G.S. 143-215.1(k)] 15. 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)] 16. 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] 17. 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 Carteret 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)] WQ0007569 Version 5.0 Shell Version 190313 Page 3 of 10 18. The facilities herein were permitted per the following setbacks: a. The facilities permitted herein, excluding those in paragraph b below, have no setbacks. The original permit (Permit No. 3819) pre -dates administrative code 15A NCAC 02H .02190), which was effective October 1, 1987. Since no modifications or expansions have been made to the originally permitted facility, the facility is still covered under the 15A NCAC 02H .0200 rules effective February 1, 1976, which contain no setback requirements. [15A NCAC 02H .0200] b. The UV disinfection and tertiary filtration units were modified October 2, 2013. The setbacks for storage and treatment units originally permitted or modified from June 18, 2011 to August 31, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each on -property residential unit if the unit is to be sold: 101 iii. Each private or public water supply source: 100 iv. Surface waters: 50 v. Each well with exception of monitoring wells: 100 vi. 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. [ 15A NCAC 02H .0404(g), 02U .0701(b)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Penmittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02U .0101] 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 description of anticipated maintenance of the system; c. Provisions for safety measures, including restriction of access to the site and equipment; and d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation, and contact information for personnel, emergency responders, and regulatory agencies; [15A NCAC 02U .0801(a)] 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)] WQ0007569 Version 5.0 Shell Version 190313 Page 4 of 10 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 equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d)] 9. Only reclaimed water generated from the Brandywine Bay WWTP shall be irrigated on the sites listed in Attachment B. [15A NCAC 02U .0101] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [15A NCAC 02U .0801(e)] 11. The Permittee shall prohibit public access to the wastewater treatment and storage facilities. [15A NCAC 02U .0402(e)] 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 .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)] 15. Freeboard in the 1.25 MG unlined five-day upset pond and the 7.5 MG effluent storage/infiltration pond shall not be less than two feet at anytime. [15A NCAC 02U .0401(h)] 16. Gauges to monitor water levels in the 1.25 MG unlined five-day upset pond and the 7.5 MG effluent storage/infiltration 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)] 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)] 18. Metering equipment shall be tested and calibrated annually. [ 15A NCAC 02U .0801(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)] WQ0007569 Version 5.0 Shell Version 190313 Page 5 of 10 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)] 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. These records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of reclaimed water irrigated; c. Site irrigated; d. Length of time site is irrigated; 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. [15A NCAC 02T .0108(c)] 6. Freeboard (i.e., water level to the lowest embankment elevation) in the 1.25 MG unlined five-day upset pond and the 7.5 MG effluent storage/infiltration 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)] WQ0007569 Version 5.0 Shell Version 190313 Page 6 of 10 7. 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 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)] 8. 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)] 9. 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 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)] 10. Monitoring wells MW-2, MW-4, MW-5, MW-8, MW-9, MW-10, and MW-I I 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)] 11. 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 .0I05(m)] WQ0007569 Version 5.0 Shell Version 190313 Page 7 of 10 12. 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.9.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. 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 and utilization facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation and utilization 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)] 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)] WQ0007569 Version 5.0 Shell Version 190313 Page 8 of 10 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, 143-215.6B, 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. 143-215.1(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(0)] 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; 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] WQ0007569 Version 5.0 Shell Version 190313 Page 9 of 10 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. 143-215.613, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate ofthe 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 20'h day of November 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r—jLiada Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0007569 WQ0007569 Version 5.0 Shell Version 190313 Page 10 of 10 0 C7 0 kn o O a L CA z:t:: Y 4 a° a °°. 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Od �o T o� y y 5 C a•+ C. =. ��• � • rwi� a„ dQ C U � O 0 O �'' � O 'O ti C fn ,'D 4: Cdl cd cd tt N =• W U +U+ U 7� Fr i-I�1 U Y Vl O N '�. � > � � b•�>, cd ram" Z� ° `o' .oa U on CY _ O o a� U � - cd c> O > U 0 oa cd w ubb� to ct� o 3 v > wau 0 °' o o>p o °J o0 0 0 a Ca eQe° o Oa f NN aa,y E -0 80 U U w iCD d id O k •ice. O Y Y 00 00 O y N T o c U a� v -d 7 0 a> ou o •2 .c�Cd p O D U L) 0 C C ° .0 b 'Odd O .0 U 6 O U p C V)00 W W� 0 dFH o T� U� O U E- U > ro t; -v 6 d 'v -6 ci 4 4, !�3 c°> I— w 0 U NORTH CAROLINA PUBLIC STAFF UTILITIES COMMISSION September 30, 1992 RE: Brandywine Bay Subdivision Carteret County, North Carolina To Whom It May Concern: This letter is to certify that Carolina Water Service, Inc., of North Carolina has been granted a Certificate of Public Convenience and Necessity to provide water and sewer utility service in Brandywine Bay Subdivision in Carteret County, North Carolina, under Docket No. W-354, Sub 43 on May 29, 1986. Carolina Water Service, Inc., of North Carolina is under the jurisdiction of and subject to the requirements of the North Carolina Utilities Commission. If we can be of further assistance to you, please do not hesitate to contact this office. Sincerely, Andy ?e6eN,�D�irect/oCr Public Staff -Water Division ARL:cks Executive Director Communications Economic Research Legal Transportation 733-2435 733-2810 733-2902 733.6110 733-7766 Accounting Consumer Services Electric Natural Gas Water 733.4279 733-9277 733-2267 733-4326 733.5610 P.O. Box 29520 • Raleigh, North Carolina 27626-0520 • Fax (919) 733-9565 An Equal Opportunity / Affirmative Action Employer STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX A DOCKET NO. W-354, SUB 176 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION CAROLINA WATER SERVICE. INC. OF NORTH CAROLINA is granted this CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to provide water and sewer utility service in CAMP MOREHEAD BY THE SEA 59 lots Blf�h wI hf 1 Carteret County, North Carolina subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission. ISSUED BY ORDER OF THE COMMISSION. This the .3 d,, of , 1999. NORTH CAROLINA UTILITIES COMMISSION 4z't�: d - �'V� Geneva S. Thigpen, Chief Clerk =- NORTH CAROLINA DECLARATION OF EASEMENT CARTERET-COUNTY Brandywine Bay - Util1ties THIS DECLARATION OF EASEMENT made and entered into this the ,q■Ad day of 1976, by the BRANDYWINE BAY DEVELOPMENT CORPORATION, a North Carolina corporation maintaining its registered office in Wake County, North Carolina (herein as "DECLARANT"); . WITNESSETH: THAT, WHEREAS, DECLARANT is the owner of certain real estate located in Carteret County, North Carolina, adjoining N. C. Highway No. 24 which property is described in Exhibit "1" annexed and attached hereto, made a part hereof and incorporated herein by reference as fully -and to the same extent as if said description were set forth herein verbatim in words and figures, said property being sometimes hereinafter referred to as "THE ENTIRE PREMISES"; and WHEREAS, a portion of said property is being developed for residential purposes and for sale to condominium unit owners under a Declaration of Unit Ownership to be recorded; and WHEREAS, BRANDYWINE BAY UTILITY COMPANY is a North Carolina corporation engaged in the business of providing water and sewer services to property within a certain area of Carteret County, North Carolina; and }Ei#,Ei.1eds xes treateceraihleasemehts fiYor .BRVryDY�JZIE BA;tIl1TY .CbMQ11HYi jciver-andWpan TNERIiIRE EMSS�so tVIxiiEAY 1tL11Y�OMP E EN3 RE I'R M - ►it , ra a and,�sewer- service NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises and the sum and amount of ONE DOLLAR ($1.00), AND IN FURTHER CONSIDERATION of the benefits to be derived herefrom by the ENTIRE PREMISES, the receipt and sufficiency of all of which consideration is hereby acknow- ledged, DECLARANT herein, for itself and its successors and assigns, declares and covenants as follows: DECLARANT hereby grants and conveys to BRANDYWINE BAY UTILITY COMPANY, its successors and assigns, a perpetual non-exclusive easement of access, ingress, egress and regress in, into, upon, over, across and 77 , is successcrs anu assigns, a perpbtua, non-exc-usive easement of access, ingress, egress and regress in, into, upon, over, across and under the property described on Exhibit "1" to install, alter, replace, repair, maintain and operate pumping stations, -.water storage and water distributing systems, water mains, storm drains, sewer'lines and sewage collection facilities, all of which are hereinafter collectively referred to as "'rl`ili-y Facilities." 2 0/ 39 / DECL.ARAVIT agrees that any such Utility Facilities installed on or under the prcperty described on Exhibit "1" shall be and remain the property of 8R,.AN9Ytr?IIIE R.AY UTILITY COMPANY or its successors or assigns. BRANDYkI'IE E.=�Y UTILITY COMPANY, for itself, its successors and assigr:s, -.er-eby-crees, as part of the consideration for this conveyance, that it shall utii€ze the easement granted herein in such a manner -that the utilization thereof will in no way hinder or prevent the proper and reasonable use and enjoyment of the property on which the easement is granted. IN WITNESS WHEREOF, the DECLARANT herein, the BRANDYWINE BAY DEVELOPMENT CORPORATION, has caused this DECLARATION OF EASEMENT to be executed by its President, attested by its Secretary...and its common seal to be hereunto affixed, all by authority of ,its 'Board •of Directdrs duly given, the day and year first above written. (CORPORATE SEAL) BRANDYWINE BAY DEVELOPMENT CORPORATION ATTEST-1 (- . �` / By: Pre dent . retary NORTH CAROLINA, CARTEREA COUNTY The foregninF, cerliricate(s) or...... tr:: b1 is (are) certifier) to be correct. This in:•rr v!--1:^nt .+e s presented for STATE OF NORTH CAROLINA registration and recorded in this oti:e:. in Book '391 COUNTY OF y, } , � �°�-1 3 � 06 This day of_10�' 119 X.-It 'cle k� t;:. This is to certify that on this day_hefore__me.$,ersnnally..appea i l)�ec S _—'r__ I,,,Aq,with whom I am personally acquainted, who, being by me first duly sworn, says that 4.)